HomeMy WebLinkAboutAgenda Packet City Council - 02/10/2009CITY COUNCIL AGENDA
FEBRUARY 10, 2009
EN
Ca EN
F. A► t
CIWIP
11:45 A.M. —
Proclamation declaring
Proclamation declaring
Proclamation declaring
Proclamation declaring
the week of February 9 -14, 2009 as "Marriage Week"
the week of February 15 -21, 2009 as "National Engineer's Week"
the week of February 15 -21, 2009 as "National LULAC Week"
the month of February 2009 as "Career & Technical Education Month"
AGENDA
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD ST.
CORPUS CHRISTI, TEXAS 78401
FEBRUARY 10, 2009
10:00 A.M.
PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE
PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL.
Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end
of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name
and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to
your subject, please present it to the City Secretary.
Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles- espanol en todas las juntas
del Concilio pars 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.
B.
C.
D.
Mayor Henry Garrett to call the meeting to order.
Invocation to be given by Pastor Darrell Tomasek, Lexington Baptist Church.
Pledge of Allegiance to the Flag of the United States.
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 January 20, 2009 and January 27, 2009. (Attachment # 1)
Agenda
Regular Council Meeting
February 10, 2009
Page 2
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2)
2. * Building Standards Board
* Community Youth Development (78415) Program
Steering Committee
* C. C. Aquifer Storage and Recovery Conservation District
(Confirmation of Officers)
* Leadership Committee for Senior Services
* Library Board
* Transportation Advisory Committee
G. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items are listed
as motions, resolutions, or ordinances. If deemed appropriate, the City
Council will use a different method of adoption from the one listed; may
finally pass an ordinance by adopting it as an emergency measure
rather than a two reading ordinance; or may modify the action
specified. A motion to reconsider may be made at this meeting of a
vote at the last regular, or a subsequent special meeting; such
agendas are incorporated herein for reconsideration and action on any
reconsidered item.
H. CITY MANAGER'S REPORT: (NONE)
I. CONSENT AGENDA
Notice to the Public
The following items are of a routine or administrative nature. The Council has
been furnished with background and support material on each item, and /or it
has been discussed at a previous meeting. All items will be acted upon by one
vote without being discussed separately unless requested by a Council
Member or a citizen, in which event the item or items will immediately be
withdrawn for individual consideration in its normal sequence after the items
not requiring separate discussion have been acted upon. The remaining items
will be adopted by one vote.
CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES
FROM PREVIOUS MEETINGS:
(At this point the Council will vote on all motions, resolutions and ordinances
not removed for individual consideration)
3. Motion approving a supply agreement with Labatt Food Service,
of Corpus Christi, Texas in accordance with the Coastal Bend
Council of Governments Bid Invitation No. CBCOG -9 -1 for food
Agenda
Regular Council Meeting
February 10, 2009
Page 3
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
items which include canned and frozen fruit and vegetables,
meats and condiments for an estimated six month expenditure
of $75,642.74. The terms of the contracts will be for six months
with an option to extend for up to three additional months,
subject to the approval of the Coastal Bend Council of
Governments, the suppliers, and the City Manager or his
designee. Funds have been budgeted by Senior Community
Services in FY 2008 -2009. (Attachment # 3)
4. Motion approving the purchase of 322,000 rounds of ammunition
from GT Distributors, Inc., of Austin, Texas in accordance with
Bid Invitation No. BI- 0070 -09 based on low bid for a total amount
of $78,795.44. The ammunition will be used by the Police
Department. Funding is available in the Police Department's
operational budget and the Justice Assistance Grant.
(Attachment # 4)
5. Motion approving a service agreement with McNeilus Truck and
Manufacturing Co., of Hutchins, Texas for the refurbishment of
five (5) auto -reach side loader packer bodies for an estimated
amount of $229,520.80. Funding is available in the operations
budget of the Solid Waste Department. (Attachment # 5)
6.a. Resolution authorizing the City Manager or his designee to
accept a grant of $5,900 from the Texas Department of State
Health Services to perform Influenza Testing on clinical
specimens submitted from hospitals and clinics throughout the
service area and to execute all related documents. (Attachment
# 6)
6.b. Ordinance appropriating a grant of $5,900 from the Texas
Department of State Health Services in the No.1066 Health
Grants Fund to perform Influenza Testing on clinical specimens
submitted from hospitals and clinics throughout the service area.
(Attachment # 6)
7.a. Resolution authorizing the City Manager or his designee to
accept a grant of $102,276 from the Texas Department of State
Health Services to provide for the elimination and control of
tuberculosis and to execute all related documents. (Attachment
# 7)
Agenda
Regular Council Meeting
February 10, 2009
Page 4
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
7.b. Ordinance appropriating a grant of $102,276 from the Texas
Department of State Health Services in the No.1066 Health
Grants Fund to provide for the elimination and control of
tuberculosis. (Attachment # 7)
8.a. Resolution authorizing the City Manager or designee to accept a
$711,038 grant awarded by the Area Agency on Aging of the
Coastal Bend for the FY 2009 Senior Community Services,
Elderly Nutrition Program. (Attachment # 8)
8.b. Ordinance appropriating a $711,038 grant from the Area Agency
on Aging of the Coastal Bend in the No.1067 Parks and
Recreation grants fund for the FY 2009 Senior Community
Services, Elderly Nutrition Program. (Attachment # 8)
8.c. Resolution authorizing the City Manager or designee to accept a
$254,079 grant awarded by the Texas Department of Aging and
Disability Services for the FY 2009 Senior Community Services,
Title XX Meals on Wheels Program. (Attachment # 8)
8.d. Ordinance appropriating a $254,079 grant from the Texas
Department of Aging and Disability Services in the No. 1067
Parks and Recreation grants fund for the FY 2009 Senior
Community Services, Title XX Meals on Wheels Program.
(Attachment # 8)
9.a. Ordinance authorizing the City Manager, or his designee, to
amend the lease agreement with Great Westem Soccer League,
a non - profit organization, for the use of Terry and Bobby
Labonte Park for its soccer program to end in January 2014.
(Attachment # 9)
9.b. Ordinance authorizing the City Manager, or his designee, to
amend the lease agreement with Padre Youth Football League,
a non - profit organization, for the use of Bill Witt Park for its
football program to end in January 2010. (Attachment # 9)
9.c. Ordinance authorizing the City Manager, or his designee, to
amend the lease agreement with Corpus Christi and Coastal
Bend Football League, a non - profit organization, for the use of
Botsford Park for its football program to end in January 2014.
(Attachment # 9)
Agenda
Regular Council Meeting
February 10, 2009
Page 5
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
9.d. Ordinance authorizing the City Manager, or his designee, to
amend the lease agreement with Corpus Christi Senior Softball
Association, a non - profit organization, for the use of Kiwanis
Park for its softball program to end in January 2011. (Attachment
# 9)
9.e. Ordinance authorizing the City Manager, or his designee, to
amend the lease agreement with South Texas Association for
Radio Controlled Automobile Racing (STARCAR), a non - profit
organization, for the use of Bill Witt Park for its Radio Controlled
Car program to end in January 2014. (Attachment # 9)
9.f. Ordinance authorizing the City Manager, or his designee, to
amend the lease agreement with Universal Little League, a non-
profit organization, for the use of Greenwood /Horne Road Youth
Sports Complex for its baseball program to end in January 2012.
(Attachment # 9)
9.g. Ordinance authorizing the City Manager, or his designee, to
amend the lease agreement with Southside Little Miss Kickball
League, a non - profit organization, for the use of 4200 McArdle
Road for its kickball program to end in January 2011.
(Attachment # 9)
9.h. Ordinance authorizing the City Manager, or his designee, to
amend the lease agreement with Southside Youth Sports
Complex, a non - profit organization, for the use of Price Park for
its baseball program to end in January 2014. (Attachment # 9)
9.i. Ordinance authorizing the City Manager, or his designee, to
amend the lease agreement with Sparkling City Girls Fast Pitch
League, a non - profit organization, for the use of
Greenwood /Horne Road Youth Sports Complex for its softball
program to end in January 2012. (Attachment # 9)
9.j. Ordinance authorizing the City Manager, or his designee, to
amend the lease agreement with International Westside
Baseball League, a non - profit organization, for the use of
Greenwood /Horne Road Youth Sports Complex for its baseball
program to end in January 2012. (Attachment # 9)
Agenda
Regular Council Meeting
February 10, 2009
Page 6
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
9.k. Ordinance authorizing the City Manager, or his designee, to
amend the lease agreement with Corpus Christi United Little
Miss Kickball League, a non - profit organization, for the use of
Bill Witt Park for its kickball program to end in January 2014.
(Attachment # 9)
9.1. Ordinance authorizing the City Manager, or his designee, to
amend the lease agreement with Padre Soccer League, a non-
profit organization, for the use of Bill Witt Park for its soccer
program to end in January 2013. (Attachment # 9)
9.m. Ordinance authorizing the City Manager, or his designee, to
amend the lease agreement with Santa Fe Soccer League, a
non - profit organization, for the use of South and North Pope
Park for its soccer program to end in January 2014. (Attachment
# 9)
10. Ordinance authorizing the City Manager or his designee to
execute a lease with the Corpus AF2 Football, LLC (Corpus
Christi Sharks) for the Merriman -Bobys House in Heritage Park
for business operations through July 31, 2009, in consideration
of monthly rental payment of $500 plus 25 percent (25 %) of
merchandise sales. (Attachment # 10)
11. Resolution authorizing the City Manager, or his designee, to
execute the Second Amendment to the contract between the
Corpus Christi Business and Job Development Corporation and
John Mikulencak, dba Extreme Homes Of Texas, for New
Construction Homebuyers Assistance Project by extending the
term of the Program Agreement. (Attachment # 11)
12. Ordinance to implement the following Salary Increases for the
Municipal Court Judges: Presiding Judge - 2.5% effective May
25, 2009; Municipal Court Judges - 3.5% effective February 16,
2009 and 6.5% effective May 25, 2009. (Attachment # 12)
13. Motion authorizing the City Manager or his designee to execute
an annual joint funding agreement with the United States
Geological Survey (USGS), U.S. Department of the Interior, to
gather and maintain accurate records of all inflows and releases
in the reservoir system as per Texas Water Rights Permit No.
3358 and for the continuation of surface water quality data
Agenda
Regular Council Meeting
February 10, 2009
Page 7
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
collection by the USGS. The City will contribute an amount of
$319,380, out of a total project cost of $378,155 during the
federal fiscal year October 1, 2008 through September 30, 2009.
(Attachment # 13)
14. Motion authorizing the City Manager or his designee to execute
a Contract for Professional Services with Freese and Nichols,
Inc. of Corpus Christi, Texas, in the amount of $152,806 for the
Packery Channel Phase 2 project for design, bid and
construction phase services for the parking and overlooks at the
Channel. (Attachment # 14)
15.a. Motion authorizing the City Manager or his designee to execute
a Contract for Professional Services with RVE Inc. of Corpus
Christi, Texas, in the amount of $549,830 for the Street Overlays
Group 1 project for the following streets: [BOND ISSUE 2008]
(Attachment # 15)
• Agnes from Crosstown to Port Avenue
• Laredo from Crosstown to Agnes
• Wood River from FM 624 to Guadalupe
• Wood River from Guadalupe to Beal
• Horne from Port Avenue to Greenwood
• Tarlton Street from Ayers to Crosstown
• Kostoryz Street from SPID to Holly
15.b. Motion authorizing the City Manager or his designee to execute
a Contract for Professional Services with Coym, Rehmet &
Gutierrez Engineering, LP, of Corpus Christi, Texas, in the
amount of $552,210 for the Street Overlays Group 2 project for
the following streets: [BOND ISSUE 2008] (Attachment # 15)
• Glen Oak from Flour Bluff Drive to Waldron
• Hustlin' Hornet from Debra to Laguna Shores
• Whitecap from Park Road 22 to Gulf of Mexico
• Flato Road from Bear Lane to Bates
• Wooldridge Road from Quebec to Oso Parkway
• Yorktown from Waldron to Laguna Shores
16. Motion authorizing the City Manager or his designee to execute
a Contract for Professional Services with LNV, Inc. of Corpus
Christi, Texas, in the amount of $705,242 for the Elevated Water
Storage Tanks — City -Wide project for design, bid and
construction phase services of three elevated water storage
tanks. (Attachment # 16)
ATE
Agenda
Regular Council Meeting
February 10, 2009
Page 8
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
17. Motion authorizing the City Manager or his designee to execute
a construction contract with H &G Contractors of Corpus Christi,
Texas, in the amount of $211,425.10 for the Till Creek Drainage
Basin (Douglas Subdivision Area) Improvements Project, Phase
2. (Attachment # 17)
18. 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
$153,400.00 for the Cefe Valenzuela Landfill Groundwater
Monitoring and Sampling Agreement - 2009. (Attachment # 18)
19. Motion authorizing the City Manager, or his designee, to execute
Amendment No. 7 to an engineering services contract with
Chiang, Patel & Yerby, Inc. of Dallas, Texas in the amount of
$67,314.00 for a restated not to exceed fee of $399,990 for
construction and post construction phase services during
construction of Disposal Cell 4B and Storm Water Pond 1 at
Cefe Valenzuela Landfill. (Attachment # 19)
20. Motion authorizing the City Manager, or his designee, to execute
an architectural services contract with CLK Architects &
Associates, Inc. in an amount of $214,592, for the Greenwood
Softball Complex Project for design, bid and construction phase
services. [BOND ISSUE 2008] (Attachment # 20)
21. 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 specified conditions. (First Reading -
11 /18/08) (Attachment # 21)
J. PUBLIC HEARINGS: (NONE)
yin
Agenda
Regular Council Meeting
February 10, 2009
Page 9
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
K. REGULAR AGENDA
CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES:
22.a. Executive session under Section 551.072 and Section 551.087
of the Texas Government Code for deliberations regarding the
lease of real property and for deliberations regarding the offer of
a financial or other incentive to a business prospect relating to
Memorial Coliseum, with possible discussion and action related
in open session.
22.b. Discussion and consideration of adaptive reuse of Memorial
Coliseum. (Attachment # 22)
23. Motion authorizing the City Manager to enter into a contract with
McCall, Parkhurst & Horton, LLP to perform bond counsel
services for the City of Corpus Christi. (Attachment # 23)
24. Motion authorizing the appointment of M. E. Allison as Financial
Advisor; RBC Capital Markets as Senior Manager; Estrada
Hinojosa & Company, Inc., Frost Bank, Siebert Brandford Shank
& Company, LLC, Southwest Securities, and Wells Fargo
Brokerage Services, LLC as Co- Managers; and McCall,
Parkhurst & Horton, LLP as Bond Counsel for City of Corpus
Christi, Texas Utility System Revenue Improvement Bonds,
Series 2009. (Attachment # 24)
L. PRESENTATIONS:
Public comment will not be solicited on Presentation items.
25. Presentation by Gary Bushell, Gulf Coast Strategic Highway
Coalition on the proposed Freight Shuttle System (Attachment
# 25)
26. New Broadway Wastewater Treatment Project Update
(Attachment # 26)
M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS
NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT
APPROXIMATELY 12:00 P.M. OR AT THE END OF THE
COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE
LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN
Agenda
Regular Council Meeting
February 10, 2009
Page 10
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD,
PLEASE SIGN THE FORMAT THE REAR OF THE COUNCIL
CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A
recording is made of the meeting; therefore, please speak into the microphone
located at the podium and state your name and address. If you have a petition
or other information pertaining to your subject, please present it to the City
Secretary.)
PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT
PROHIBITS THE CITY COUNCIL FROM RESPONDING AND
DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW
ONLY AUTHORIZES THEM TO DO THE FOLLOWING:
1. MAKE A STATEMENT OF FACTUAL INFORMATION.
2. RECITE AN EXISTING POLICY IN RESPONSE TO THE
INQUIRY.
3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE
PLACED ON AN AGENDA AT A LATER DATE.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER,
STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL
BERATE, EMBARRASS, ACCUSE, OR SHOW ANY
PERSONAL DISRESPECT FOR ANY MEMBER OF THE
STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY
COUNCIL MEETING. THIS POLICY IS NOT MEANT TO
RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS.
N. EXECUTIVE SESSION:
PUBLIC NOTICE is given that the City Council may elect to go into
executive session at any time during the meeting in order to discuss
any matters listed on the agenda, when authorized by the provisions of
the Open Meeting Act, Chapter 551 of the Texas Government Code,
and that the City Council specifically expects to go into executive
session on the following matters. In the event the Council elects to go
into executive session regarding an agenda item, the section or
sections of the Open Meetings Act authorizing the executive session
will be publicly announced by the presiding office.
O. LEGISLATIVE UPDATE: (NONE)
Consideration of resolutions and actions deemed appropriate by the
City Council as to legislative issues before the 81st Texas Legislature.
Agenda
Regular Council Meeting
February 10, 2009
Page 11
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
P. ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the front
entrance to City Hall, 1201 Leopard Street, at 3 S 3 0 p.m., on
February 4, 2009.
an* tk\CLO c° E' i(tk J
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
council goals are on attached sheet.
City Council Goals 2007 -2009
4filt
1?OWNJ
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
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
January 20, 2009 - 10:00 a.m.
PRESENT
Mayor Henry Garrett
Council Members:
Melody Cooper*
Larry Elizondo, Sr.
Mike Hummel)
Bill Kelly
Priscilla Leal
John Marez
Nelda Martinez
ABSENT
Mayor Pro Tem Michael McCutchon
"Arrived at 10:12 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 Pastor Don Tuttle with First Christian 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 announced that the City Council would take a brief recess at 10:55 a.m. to
watch the inauguration of President Barack Obama.
Mayor Garrett called for consideration of the consent agenda (Items 1 - 8). City Secretary
Chapa announced that Item 8.1. was added on a supplemental agenda and that Item 4 was pulled
for amendment. Mr. Abel Alonzo requested that Item 4 be pulled for individual consideration.
Council members requested that Items 2 and 8.1. be pulled for individual consideration. City
Secretary Chapa polled the Council for their votes as follows:
1. MOTION NO. 2009 -012
Motion approving the lease purchase of approximately 5,124 curbside collection containers
from Schaefer Systems International, of Charlotte, North Carolina for the total amount of
$260,826.24. The award is based on the cooperative purchasing agreement with the
Houston Galveston Area Council (H -GAC). The containers will be used in the City's
automated collection program. Funds for the lease purchase of the curbside collection
containers 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, Marez, and Martinez, voting "Aye "; McCutchon was absent.
—1—
Minutes — Regular Council Meeting
January 20, 2009 — Page 2
3. MOTION NO. 2009 -013
Motion authorizing the City Manager, or his designee, to execute a construction contract with
RCM Constructors of Corpus Christi, Texas in the amount of $ 244,440 for the Wastewater
Service Line Repair and Clean -Out Installation Program FY 2008 -2009.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye "; McCutchon was absent.
5. MOTION NO. 2009 -016
Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to an
Architectural Services Contract with ArchitecTKO (Terry K. Orf) of Corpus Christi, Texas in
the amount of $173,400 for a restated fee of $181,620 for the South Guth Ball Fields
relocation to a tract located on Paul Jones Avenue for design, bid, construction phase
services.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye"; McCutchon was absent.
6. FIRST READING ORDINANCE
Authorizing the conveyance of property located within the City at 601 141h Street for an
affordable housing project to Habitat for Humanity- Corpus Christi, Inc., as a qualified
nonprofit corporation, subject to specified conditions; authorizing the City Manager or his
designee to execute all necessary documents related to the transaction.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye ";
McCutchon was absent.
7. ORDINANCE NO. 028029
Amending Sections 14 -1304 and 14 -1313, Code of Ordinances, City of Corpus Christi, to
establish the fees for Third Party Plan Review and Inspections requested by applicant;
providing for publication; and providing an effective date. (First Reading 01/13/09)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye ";
McCutchon was absent.
8, ORDINANCE NO. 028030
Abandoning and vacating a 1,945- square foot portion of the Lakeside Drive and Mounts
Drive (undeveloped and unsurfaced) public street rights -of -way, located at the intersection of
the Lakeside Drive and Mounts Drive public street rights -of -way; subject to compliance with
the specified conditions. (First Reading 01/13/09)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye";
McCutchon was absent.
-2-
Minutes — Regular Council Meeting
January 20, 2009 — Page 3
Mayor Garrett opened discussion on Item 2 regarding lift station improvements. Council
Member Leal asked if the lift station at Wooldridge and Airline Road would be considered as a future
project. Director of Wastewater Services Foster Crowell stated that the Wooldridge Lift Station is
included in the 2009 Capital Improvement Plan (CIP) to improve odor control. City Secretary Chapa
polled the Council for their votes as follows:
2. MOTION NO. 2009 -013
Motion authorizing the City Manager, or his designee, to execute a construction contract with
J.S. Haren Co. of Athens, Tennessee, in the amount of $234,050 for the Lift Station
Improvements Project - Lakes, Kennedy Causeway, Hubler (Sugar Tree), Gateway Park,
and Weber's Glen.
The foregoing motion was passed and approved with the following vote. Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye "; McCutchon was absent.
Mayor Garrett opened discussion on Item 4 regarding ADA sidewalk accessibility
improvements along Staples Street from Leopard Street to Six Points. Abel Alonzo, 1701 Thames,
thanked City Manager Escobar and staff for working with the Texas Department of Transportation
(TxDOT /) to address ADA improvements. Council Member Marez made a motion to amend Item 4.b.
to include "subject to TxDOT concurrence. The motion was seconded by Ms. Martinez. The
foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo,
Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye "; McCutchon was absent.
City Secretary Chapa polled the Council for their votes as follows:
4.a. ORDINANCE NO. 028028
Ordinance appropriating $1,600,000 in anticipated revenues from the Texas Department of
Transportation in the No. 3544 Street 2007A Capital Improvement Program Fund for the
Americans with Disabilities Act (ADA) Sidewalk Accessibility Improvements along Staples
Street from Leopard Street to Six Points project; changing the FY2008 -2009 Capital
Improvement Budget adopted by Ordinance No. 028006 to increase appropriations by
$1,600,000.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez,
voting "Aye "; McCutchon was absent.
4.b. MOTION NO. 2008 -015
Motion authorizing the City Manager, or his designee, to execute a construction contract with
SLC Construction, LP of Conroe, Texas, in the amount of $2,826,066.92 for Americans with
Disabilities Act (ADA) Sidewalk Accessibility Improvements along Staples Street from
Leopard Street to Six Points, subject to Texas Department of Transportation (TxDOT)
concurrence. (BOND 2004)
The foregoing motion was passed and approved as amended with the following vote:
Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye ";
McCutchon was absent.
Minutes — Regular Council Meeting
January 20, 2009 — Page 4
Mayor Garrett opened discussion on Item 8.1. regarding Doddridge Street Improvements —
Ocean Drive to South Staples Street. Council Member Hummell asked questions regarding the large
drop off at the intersection at Doddridge and Santa Fe. Director of Engineering Services Pete Anaya
stated that during construction, the roadway is lowered for drainage. Mr. Anaya added that the
intersection should have been transitioned back after completion. Council Member Hummell asked
for a status on the Bond 2008 projects. Mr. Anaya said that staff has submitted Request for
Qualification; selected firms for 80% of the projects and is currently meeting with consultants. Mr.
Anaya said he anticipates bringing design contracts for Council consideration in February. Council
Member Hummell asked questions regarding the reasons for the change order. City Manager
Escobar stated that the change order is a result of modifications made during the Christmas holiday
to accommodate businesses in the area. In response to Mayor Garrett, Mr. Escobar stated that work
at Santa Fe and Doddridge is not complete and that another layer of asphalt still needs to be added.
Council Member Martinez spoke regarding a pothole on Doddridge and Santa Fe. City Secretary
Chapa polled the Council for their votes as follows:
8.1. MOTION NO. 2009 -017
Motion authorizing the City Manager or his designee to execute Change Order #13 with
Haas - Anderson Construction, Ltd. of Corpus Christi, Texas, in the amount of $98,679.85 for
a restated amount of $8,407,307.89 for the Doddridge Street Improvements — Ocean Drive
to South Staples Street project to expediting construction at the Alameda intersection and
southward past the commercial development, improved traffic control and better access to
the area businesses during construction.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye "; McCutchon was absent.
Mayor Garrett recessed the regular Council meeting to hold a meeting of the Corpus Christi
Housing Finance Corporation (CCHFC).
* **** * * * * * * **
Mayor Garrett reconvened the regular Council meeting. Mayor Garrett referred to Item 9
regarding an update on the local economic conditions. Assistant City Manager Oscar Martinez
referred to a powerpoint presentation including the recent credit crisis and decline in stock market;
economic analysis research; unemployment rates; the impact of the NAS Ingleside realignment and
closure; and the effect of the economy to the General Fund, Debt Service Fund, Special Revenue
Funds, Internal Service Funds, and the Enterprise Funds.
The following topics pertaining to this item were discussed: the current foreclosure rate for
housing and whether staff foresees a devaluation of rates.
Mayor Garrett called for a brief recess to view the inauguration of President Barack Obama.
* * * * ****„* ***
Mayor Garrett referred to Item 10 regarding a report on Tuloso- Midway Independent School
District. Director of Education Initiatives JoAnn Hooks explained that this presentation was the 4th
out of six (6) presentations provided by local school districts. Ms. Hooks introduced Superintendent
Dr. Cornelio Gonzalez of Tuloso- Midway ISD. Dr. Gonzalez recognized Board Member Hector Del
Toro and presentation team members Dr. Timothy Cuff and Carol Sue Hipp.
-4-
Minutes — Regular Council Meeting
January 20, 2009 — Page 5
Dr. Gonzalez and the presentation team members referred to a powerpoint presentation
including the demographics; bond construction projects; successes; the AVID program; year round
school; cScope program; the drop out and completion rates; community connections; the Education
Foundation; partnerships; instructional technology; work development; and challenges.
In response to Council Member Kelly, City Manager Escobar stated that the storm water
drainage improvements for the Tuloso- Midway area are included in the Capital Improvement
Program (CIP).
Mayor Garrett called for a brief recess to present proclamations and listen to public comment
* ** * * * *** * * * *
Mayor Garrett called for petitions from the audience. Wilson Wakefield, 6026 Killarmet,
spoke regarding the amount of pollution that will result from the Las Brisas plant. Jack Gordy, 4118
Bray, spoke regarding making Martin Luther King Day a City employee holiday. Tony Hartwell,
Public Relations Director for the Coastal Bend Small Bread Rescue, spoke regarding the zoning
issues for the property and the letter of sanction by the Animal Care Services Department.
Jerome Bradford, 4805 Hamlett Drive, thanked the Mayor for marching on Martin Luther King
Day and addressed the issue of City employees not being off on that day. Council Member Marez
requested the estimated costs on adding Martin Luther King Day as a City holiday. Council Member
Leal also asked staff to review personal leave days. John Kelley, 413 Waco, presented two public
information requests submitted on January 8th and the appeals made by the Legal Department to
the Attorney General regarding proprietary information. Joan Veith, 5701 Cain Drive, thanked the
Mayor and Council for allowing the audience an opportunity to view the historical inauguration. Abel
Alonzo, 1701 Thames, spoke regarding the changes in the City and the Country to become truly
inclusive and diverse.
follows:
* * * ** * * *** * **
Mayor Garrett announced the executive sessions, which were listed on the agenda as
regarding the I ace of real property, with possible discussion and action in open session.
Coliseum, with possible discussion and action in open cession.
14. Executive session under Section 551.071 of the Texas Government Code to conduct a
private consultation with its attorney about a settlement offer from HDR Engineering, Inc.,
relating to Temporary Authorization WWC No. 11899778 for the City of Corpus Christi Cefe
Valenzuela Landfill — Municipal Solid Waste Permit No. 2269, with possible discussion and
action in open session.
15. Executive session under Section 551.071 of the Texas Government Code, Consultation with
Attorney, to discuss contemplated litigation, with possible discussion and action in open
session.
—5—
Minutes — Regular Council Meeting
January 20, 2009 — Page 6
The Council went into executive session. The Council returned from executive session and
the following motion was passed with the following vote:
14. MOTION NO. 2009 -018
Motion authorizing the City Manager or designee to execute a settlement agreement with
HDR Engineering, Inc., relating to Temporary Authorizing WWC No. 11899778 for the City
of Corpus Christi Cefe Valenzuela Landfill — Municipal Solid Waste Permit No. 2269.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Kelly, Leal, Marez, and Martinez, voting "Aye "; Hummel) and McCutchon were
absent.
Mayor Garrett returned to Item 9 regarding an update on the local economic condition.
Assistant City Manager Martinez referred to a powerpoint presentation including expenditures with
greater flexibility to reduce; additional financial considerations; and actions that may be considered.
The following topics pertaining to this item were discussed: salaries and benefits; the effect
on the bond ratings for leaving the liability from GASB 45 on the books; current practice for liability;
creating an employee committee to discuss the impacts of GASB 45; the economic effects of the
smoking ban; the Texas Municipal Retirement System (TMRS); the status of the Federal Stimulus
Package; postponing the amendment to the fiscal period; the annual cost for fuel; vehicle
replacement; considerations for outsourcing; standardizing the budget process; lumping projects
together to receive better price rates; comprehensive street maintenance program and
specifications; placing City -owned building on cycle for repairs; overseeing energy efficiency;
preparations for the upcoming budget cycle; and inspection procedures for vehicles.
* * * * * * * * * * * * *
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 2:00 p.m. on January 20, 2009.
* * * * * * * * * * * * *
-6--
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
January 27, 2009 - 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
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 Council Member Nelda Martinez and the Pledge of
Allegiance to the United States flag was led by Council Member Michael McCutchon.
City Secretary Chapa called the roll and verified that the necessary quorum of the Council
and the required charter officers were present to conduct the meeting.
Mayor Garrett called for approval of the minutes of the regular Council meeting of January
13, 2009. 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:
Committee for Persons with Disabilities
Harvey Salinas (Reappointed)
Herman Lee Jones II (Reappointed)
Will S. Hinojosa (Appointed)
Dr. Candelario Huerta (Appointed)
Mayor Garrett called for consideration of the consent agenda (Items 3 - 11). There were no
comments from the public. Council members requested that Items 3 and 8 be pulled for individual
consideration. City Secretary Chapa polled the Council for their votes as follows:
4. RESOLUTION NO. 028031
Resolution authorizing the submission of a grant application in the amount of $224,772 to
the State of Texas, Office of the Governor, Criminal Justice Division for funding available to
address gang issues, funds to be used for overtime and fringe benefits in the Police
Department; and authorizing the City Manager or his designee to apply for, accept, reject,
alter or terminate the grant.
The foregoing resolution was passed and approved with the following vote. Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ".
—7—
Minutes — Regular Council Meeting
January 27, 2009 — Page 2
RESOLUTION NO. 028032
Resolution authorizing the City Manager or designee to submit a grant application to the
Texas Commission on the Arts in the amount of $10,000 for the 2010 Arts Subgrant
Program with a City match of $10,000 in the No. 1030 Arts Grants /Projects Fund.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Rummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ".
6. RESOLUTION NO. 028033
Resolution authorizing the City Manager or his designee to submit a grant application to the
Texas Commission on the Arts in the amount of $15,000 for the 2010 Festival of the Arts
with a City match of $15,000 in the No. 1030 Arts Grants /Projects Fund.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Rummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ".
7. MOTION NO. 2009 -020
Motion authorizing the appointment of an ad hoc peer arts panel to the Arts and Cultural
Commission, consisting of two professionals and two community peers to provide a
recommendation for the Downtown Police Department Building "Percent for Art" Project.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Rummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ".
9.a. RESOLUTION NO. 028034
Resolution authorizing the City Manager or his designee to execute Amendment No. 1 to the
Advance Funding Agreement in the amount of $13,200 for Americans with Disabilities Act
(ADA) Accessible Ramps at multiple locations on Staples Street from Six Points to Louisiana
Parkway and on Water Street from Coopers Alley to Interstate Highway 37, made by and
between the State of Texas, acting by and through the Texas Department of Transportation,
hereinafter called the "State ", and the City of Corpus Christi. [BOND ISSUE 2004]
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Rummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ".
9.b. MOTION NO. 2009 -022
Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the
Contract For Professional Services with Martinez, Guy & Maybik of Corpus Christi, Texas in
the amount of $395,383, for a total re- stated fee of $578,603 for Americans with Disabilities
Act (ADA) Accessible Ramps at multiple locations on Staples Street from Six Points to
Louisiana Parkway and on Water Street from Coopers Alley to Interstate Highway 37.
[BOND ISSUE 2004]
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Rummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ".
Minutes — Regular Council Meeting
January 27, 2009 — Page 3
10. MOTION NO. 2009 -023
Motion authorizing the City Manager, or his designee, to execute Change Order No. 1 to the
construction contract with Big State Excavation of Corpus Christi, Texas, in the amount of
$88,180.25 for a total restated fee of $1,460,600.25 for the Wood River Lift Station Force
Main Extension Base Bid B Contract due to changes in bid unit quantities as a result of
shifting the force main to the east and installation of a traffic island at River Wood and FM
624.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ".
11. ORDINANCE NO. 028035
Authorizing the conveyance of property located within the City at 601 14th Street for an
affordable housing project to Habitat for Humanity- Corpus Christi, Inc., as a qualified
nonprofit corporation, subject to specified conditions; authorizing the City Manager or his
designee to execute all necessary documents related to the transaction; and providing for
severance. (First Reading — 1/20/09)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez,
voting "Aye ".
Mayor Garrett opened discussion on Item 3 regarding a service agreement for mowing at
water production facilities. Council Member Leal expressed concern that awarding the agreement to
Sierra Services for Group 2 would cost the taxpayers more money because MJ Maintenance was
the lower bidder for Group 2. Assistant Director of Financial Services Mike Barrera explained that
Sierra Services conditioned their bid to all or none and therefore Group 1 and Group 2 could not be
awarded separately. Mr. Barrera stated that awarding the total contract to MJ Maintenance would be
more expensive. Mr. Barrera added that the total savings for awarding the total contract to Sierra
Services would be over $8,000. In response to Council Member McCutchon, Mr. Barrera said he did
not see a benefit in awarding Group 2 and re- bidding Group 1. Council Member Kelly asked whether
each company had an opportunity to package their bids or bid by groups. Mr. Barrera answered that
the companies had either option.
Council Member Leal made a motion to award the contract to MJ Maintenance at a cost
savings of $9,682.80. The motion failed for lack of second.
Council Member Martinez asked questions regarding the 29% increase in fuel charge from
2004 and how fuel charges were determined. Mr. Barrera stated that the bid does not include
detailed pricing and that pricing is determined on the cost per acre and mowing cycle. Mr. Barrera
said that he did not believe the price difference is based just on fuel. Council Member Hummell
asked for the reasons that Green Tree Lawn Care did not meet the equipment requirements. Mr.
Barrera explained that the specifications stated that the bidder's were required to have large
tractors, riding lawn mowers, push mowers, back -wing mowers, pull behind mower decks, slope
mower, blade edger, and stream line trimmers and blowers. Council Member McCutchon asked how
Sierra Services managed to stay in business if they were using pricing from 2004. Mr. Barrera stated
that the contracts allow for adjustments at the time of extension. City Secretary Chapa polled the
Council for their votes as follows:
Minutes — Regular Council Meeting
January 27, 2009 — Page 4
3. MOTION NO. 2009 -019
Motion approving a service agreement with Sierra Services, of Sinton, Texas for Mowing of
Water Production Facilities, based on best value in accordance with Bid Invitation No. BI-
0164-08 for an estimated annual expenditure of $195,410 of which $97,704.96 is budgeted
for the remainder of FY 2008 -2009. The term of the service agreement shall be for twelve
months with an option to extend for up to two additional twelve -month periods subject to the
approval of the contractor and the City Manager or his designee. Funds have been budgeted
by the Water Department in FY 2008 -2009.
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.
Mayor Garrett opened discussion on Item 8 regarding the Ward Building Rehabilitation and
Parking Lot. In response to Council Member Kelly, City Manager Escobar stated that the Ward
Building is being restored and this contract is for weatherproofing of the building. City Secretary
Chapa polled the Council for their votes as follows:
8. MOTION NO. 2009 -021
Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the
contract for professional services with Solka, Nava, and Torno, LLC in the amount of
$39,328, for a total restated fee not to exceed $89,232 for the Wards Building Rehabilitation
and Parking Lot.
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.
Mayor Garrett referred to Item 12, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 1208 -01, Mostaghasi Investment Trust: A change of zoning from a "R -1 B" One -
family Dwelling District to a "B-4" General Business District resulting in a change of land use
from residential to commercial described as 11.420 acres out of Nueces River Irrigation Park
Block 2, Lot 1 located on the west side of County Road 69 approximately 525 feet south of
Northwest Boulevard.
City Secretary Chapa stated that the Planning Commission and staff recommended denial of
"B-4" General Business District and approval of a "13-1" Neighborhood Business District.
No one appeared in opposition to the zoning change. Mr. Kelly made a motion to close the
public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council fortheirvotes
as follows:
12. ORDINANCE NO. 028036
Amending the Zoning Ordinance, upon application by Mostaghasi Investment Trust, by
changing the Zoning Map in reference to 11.42 acres out of east one -half (1/2) of Lot 1,
Block 2, Nueces River Irrigation Park, from "R-1B" One - family Dwelling District to "13-1"
Neighborhood Business District; amending the Comprehensive Plan to account for any
-10-
Minutes — Regular Council Meeting
January 27, 2009 — Page 5
deviations from the existing Comprehensive Plan; providing a repealer clause; providing a
penalty; and providing for publication.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and
Martinez, voting "Aye ".
Mayor Garrett referred to Item 13, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 1208 -02 Portland U -Rent It —SPID: A change of zoning from a "R -1 B" One - family
Dwelling District to an "1 -3" Heavy Industrial District resulting in a change of land use from
single - family residential to heavy industrial for an above ground fuel storage tank described
as 400 - square feet out of Joslin Tracts Block A, Lot 5 -B located at 7336 South Padre Island
Drive, approximately 1,050 feet east of Rodd Field Road.
City Secretary Chapa stated that the Planning Commission and staff recommended denial of
an "1 -3" Heavy Industrial District, and in lieu thereof, approval of a Special Permit for one (1) UL2085
above ground fuel storage tank not to exceed 500 gallons subject to a site plan and four conditions.
Council Member Hummell asked questions regarding what the tank would be used for; how
long the facility has been there; and how the company is currently filling the machines. Bart Helms,
property owner, explained that the tank would store diesel gas to fill the rental machines. Mr. Helms
stated that the rental facility has been at that location since 2004 and that a diesel tank came with
the property. Mr. Helms added that the Fire Marshall has stated that the tank needs to be upgraded
to meet the Fire Department's requirements. Council Member Hummell asked whether the current
tank is permitted. Assistant Director of Development Services Faryce Goode -Macon said that the
tank was permitted and this tank is a replacement. Ms. Macon added that once the old tank was
removed, the new tank would be noncompliant. Assistant Chief Michael Hernandez provided a brief
explanation of the tank and its requirements.
No one appeared in opposition to the zoning change. 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:
13. ORDINANCE NO. 028037
Amending the Zoning Ordinance, upon application by Portland U- Rent -It, Inc., by changing
the Zoning Map in reference to 400 square feet out of Joslin Tracts, Block A, Lot 5 -B, from
"R-1B" One - family Dwelling District to "R-1B/SP" One - family Dwelling District with a Special
Permit to allow one (1) UL2085 above ground fuel storage tank not to exceed 500 gallons,
subject to a site plan and four (4) conditions; amending the Comprehensive Plan to account
for any deviations from the existing Comprehensive Plan; providing a repealer clause;
providing a penalty; and providing for publication.
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.
Mayor Garrett referred to Item 14, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
—11—
Minutes — Regular Council Meeting
January 27, 2009 — Page 6
Case No. 1208 -03, Portland U- Rent -It — Cantwell: A change of zoning from an "1 -2" Light
Industrial District to an "I -3" Heavy Industrial District on a 900 - square foot tract of property
located at 905 Cantwell Drive.
City Secretary Chapa stated that the Planning Commission and staff recommended denial of
an "1 -3" Heavy Industrial District, and in lieu thereof, approval ofa Special Permit for one (1) UL2085
above ground fuel storage tank not to exceed 500 gallons subject to a site plan and four conditions.
No one appeared in opposition to the zoning change. Mr. Kelly made a motion to close the
public hearing, seconded by Ms. Cooper, and passed. Mr. Chaps polled the Council for their votes
as follows:
14. ORDINANCE NO. 028038
Amending the Zoning Ordinance, upon application by Portland U- Rent -It, Inc., by changing
the Zoning Map in reference to a 900 - square foot tract of property out of Braselton Tract
from "1 -2" Light Industrial District to "I -2 /SP" Light Industrial District with a Special Permit to
allow one (1) UL2085 above ground fuel storage tank not to exceed 500 gallons, subject to a
site plan and four (4) conditions; amending the Comprehensive Plan to account for any
deviations from the existing Comprehensive Plan; providing a repealer clause; providing a
penalty; and providing for publication.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez,
voting "Aye "; McCutchon was absent.
City Manager Escobar announced that Item 15 was postponed.
15. POSTPONED
Ordinance by adding new definitions in Sections 3 01, adding a new Article 27d, and
- publication,
* * * * * * * * * *
Mayor Garrett opened discussion on Item 16 regarding ordering a General Election to be
held on April 4, 2009. City Secretary Chapa explained that this ordinance calls the election for the
Mayor and Council on April 4, 2009; authorizes the City Secretary to contract with Nueces County
for election equipment and necessary assistance; authorizes joint election agreements with Flour
Bluff, West Oso and London Independent School Districts; and for the selection of May 9, 2009 as
the Runoff election date, if one is necessary.
The following topics pertaining to this item were discussed: the cost saving of having ajoint
election; whether there will be another election this year for the Charter amendments; if the
November 2009 election was budgeted; and whether a Charter amendment election could be
delayed.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
-12-
Minutes — Regular Council Meeting
January 27, 2009 — Page 7
16. ORDINANCE NO. 028039
Ordinance ordering a General Election to be held on April 4, 2009, in the City of Corpus
Christi for the election of Mayor and eight Council Members; providing for procedures for
holding such election; providing for notice of election and publication thereof; providing for
establishment of branch early polling places; designating polling place locations; authorizing
the City Secretary to contract with the Nueces County Election Officer for equipment and
supplies necessary to conduct the election; authorizing Joint Election Agreements with Flour
Bluff Independent School District, London Independent School District and West Oso
Independent School District; selection of May 9, 2009, as the Runoff Election date, if one is
necessary; enacting provisions incident and relating to the subject and purpose of this
ordinance.
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 17 regarding the authorization of financial
underwriters. Interim Director of Financial Services Constance Sanchez provided an overview of this
item including the Request for Qualifications (RFQ) process; review by the review committee;
categorization; evaluation; and selection of the list. Ms. Sanchez said that staff will provide an
updated list in the next six (6) months to make sure the list includes the most accurate information
as possible.
Council Member Hummell asked questions regarding the reason that seven (7) responders
were not recommended. Ms. Sanchez stated that some of the responders lacked presence in Texas
and two of the smaller firms may not have been able to accommodate the needs of the City.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
17. MOTION NO. 2009 -024
Motion approving authorized list of financial underwriters.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ".
City Manager Escobar announced that Items 18 and 19 were postponed until February 10'
2009
18. POSTPONED UNTIL FEBRUARY 10, 2009
LLP to perform bond counsel services for the City of Corpus Christi.
19. POSTPONED UNTIL FEBRUARY 10, 2009
Motion authorizing the appointment of M. E. Allison as Financial Advisor; RBC Capital
-13-
Minutes — Regular Council Meeting
January 27, 2009 — Page 8
- I I •
Mayor Garrett announced the executive sessions, which were listed on the agenda as
follows:
20. Executive session under Section 551.072 and Section 551.087 of the Texas Government
Code for deliberations regarding the lease of real property and for deliberations regarding
the offer of a financial or other incentive to a business prospect relating to Memorial
Coliseum, with possible discussion and action related in open session.
21. Executive Session under Section 551.072 and Section 551.087 of the Texas Government
Code Section regarding lease of real property and to discuss or deliberate regarding
commercial or financial information received from a business prospect to locate, stay, or
expand in or near the City of Corpus Christi Marina, with possible discussion and action in
open session.
The Council went into executive session. The Council returned from executive session.
* * * * * * * * * * * * *
Mayor Garrett called for petitions from the audience. Wilson Wakefield, 6026 Killarmet,
asked the Council to stop the Las Brisas plant from coming to the City and spoke regarding the
pollution and economic affects of the plant. Nita Smith, 13518 King Phillip Court, expressed concern
regarding pollution resulting from a proposed pipe plant in Portland and the Las Brisas plant. Ms.
Smith said the Las Brisas plant would not lower electric rates and would raise pollution. Council
Member Marez asked for a status on photovoltaic cells. Council Member McCutchon spoke
regarding the update provided by Director of Intergovernmental Relations Rudy Garza on the wind
energy production facility. Joan Veith, 5701 Cain Drive, thanked the Council for reinstating the
possum pickup and commended Animal Care Services Manager Kelli Copeland and staff for doing
their jobs in a timely manner. Dr. Greg Silverman, 331, Del Mar, expressed concern regarding the
health risks associated with the Las Brisas Plant. Sheila Cudd, 7106 Fort Collins, spoke regarding
the Las Brisas project, health issues, and pollution.
Mayor Garrett announced that the City Council will receive a recommendation from the
Memorial Coliseum Committee on February 10th
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 12:30 p.m. on January 27, 2009.
* * * * * * * * * * * * *
-14-
2
a. BUILDING STANDARDS BOARD — One (1) vacancy with term to 3 -3 -11
representing the following category: Attorney.
DUTIES: To hear appeals under the Building Standards and Housing Code, which shall
be construed to secure the beneficial interests and purposes of safety, health, and general
welfare, through structural strength, stability, sanitation, adequate light and ventilation,
and safety to life and property from fire and other hazards incident to the construction,
alteration, repair removal, demolition, use and occupancy of building or structure.
COMPOSITION: Seven (7) members, three (3) members at large of whom shall be
residents of the City and home owners; one shall be a lawyer, three (3) chosen from:
realtor, architect, engineer, general contractor, home builder or building materials dealer.
Appointed by the City Council for 3 year staggered terms. Elects its own chairman.
ORIGINAL
MEMBERS TERMS APPTD. DATES
** *Gregory Glen Spivey (Attomey), Chair 3 -03 -11 5 -17 -05
Ted Stephens (Engineer) 3 -03 -09 3 -21 -06
Renee L. Carter (Member at Large) 3 -03 -11 5 -17 -05
Jesus J. Jimenez (Engineer) 3 -03 -11 5 -17 -05
Frank Hastings (Member at Large) 3 -03 -09 5 -17 -05
Robert A. White (Member at Large) 3 -03 -10 5 -29 -07
Lisa Huerta (Building materials) 3 -03 -10 7 -11 -06
INDIVIDUAL EXPRESSING INTEREST
Gregory T. Perkes Attorney, Perkes Law Firm, P.C. and Owner of The Perkes
Development Group. Received a BA from University of Texas
at Austin and St. Mary's University School of Law. Activities
include: State Bar of Texas, American Bar Association,
Corpus Christi Bar Association, Coastal Bend Regional Park
Foundation, Park & Recreation Advisory Committee, Flint
Hills Community Action Council, and Assistant Scoutmaster
for the Boy Scouts of America. Graduate of Leadership
Corpus Christi XIX. (Attorney) (11- 10 -08)
(Note: Neighborhood Services has made efforts to recruit bios for this Board since
October, 2008. Because of the specific category requirements, only one person has
expressed interest. If Council wishes, this appointment can be postponed for further
recruitment efforts.)
Legend:
*Seeking reappointment
* *Not seeking reappointment
** *Resigned
* ** *Exceeded number of absences allowed by ordinance
* ** *Has met six -year service limitation
—1 7 —
b. COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING
COMMITTEE — Three (3) vacancies with terms to 8 -31 -09 and 8- 31 -10, two (2) must
represent the 78415 zip code area. (Since the term ends 8- 31 -09, it is recommended that
the appointments be for a new two-year term ending 8- 31 -11.)
DUTIES: To advise the City Council on a periodic basis, as requested by the City
Council, regarding the progress of the Community Youth Development Program and
make recommendations to the City Council on items pertaining to the Community Youth
Development Program.
COMPOSITION: Eleven (11) voting members with two -year, staggered terms. The
officers of the committee shall be residents of the 78415 zip code area. Terms are for two
years. State guidelines require that at least 51% of the collaborative steering committee
members must be community residents or people closely connected to the community
who are not social service providers. Two of the voting members shall be youth involved
in the Youth Action Committee. State guidelines also require that no members of the
committee may be related to each other. State guidelines also require that no
individual who is employed by the Fiscal Agent (City of Corpus Christi) or any
organization submitting a proposal for funding through the CYD Program, or their
immediate family members, may serve on the committee. An expiration date for this
committee was set as August 31, 2005, unless funds for the program end sooner.
ORIGINAL
MEMBER TERM APPTD. DATE
Fr. Peter Martinez (78415 Resident) 8 -31 -10 2 -19 -08
* ** *Erica Mora (78415 Resident) 8 -31 -10 2 -19 -08
* ** *Anna Marie Cortez (78415 Resident) 8 -31 -09 5 -24 -05
Venessa Santos -Garza 8 -31 -10 8 -12 -08
Linda Moyer (78415 Resident) 8 -31 -10 2 -19 -08
Rosa "Linda" Rincon (78415 Resident) 8 -31 -09 1 -16 -07
** *Mary Ann Rojas 8 -31 -09 6 -17 -08
Diana Mesa, Chair (78415 Resident) 8 -31 -09 5 -24 -05
Jim Boller III 8 -31 -10 2 -19 -08
Nadia Contreras (Youth) 8 -31 -10 11 -18 -08
Xiao Bohannon (Youth) 8 -31 -09 11 -18 -08
(Note: The Community Youth Development (78415) Program Steering Committee is
recommending the new appointments of Katie Childs (78415 Resident), Angela Cantu
(78415 Resident), and Rick Greenfield).
OTHER INDIVIDUALS EXPRESSING INTEREST
Belinda Barrera
Substitute Teacher, Corpus Christi Independent School
District. Currently attending College. Activities include:
Church. (78415 Resident) (2- 22 -08)
Legend:
*Seeking reappointment
* *Not seeking reappointment
** *Resigned
* ** *Exceeded number of absences allowed by ordinance
* * ** *Has met six -year service limitation
—18-
Jo Anna Benavides - Franke Director, Career Services, Texas A &M University - Corpus
Christi. Received Bachelor of Business Administration in
Human Resources Management from Stephen F. Austin
State University and Master of Science in Education
Administration from Texas A &M University- Corpus
Christi. Activities include: Corpus Christi Human
Resource Management Association, Board of Directors,
Harbor Playhouse, Board of Directors, Bailando Al Aire
Libre Cole Park, Second Baptist Church Volunteer, Choir
and Chaperon, and InStep Dance Studio. Recipient of
Texas A &M University- Corpus Christi Women Center
Unsung Hero Award, 2003. (8 -1 -08)
Angela Cantu
Katie Ann Childs
Lissa Chilton
Jeremy Coleman
Sherri Darveaux
Andrea B. Green
Executive Assistant, YWCA of Corpus Christi. Received
Bachelor of Arts Degree from Texas A &M University-
Corpus Christi. (78415 Resident) (8- 11 -08)
Student attending Texas A &M- Corpus Christi. Former
Community Youth Development (78415) Program Steering
Committee Member. (78415 Resident) (5- 21 -08)
Coordinator /Instructor, Cortez Music Studio. Currently
attending Texas A &M- Corpus Christi. Activities include:
Association for Childhood Education International, PTA
Officer -Wynn Seale Academy of Fine Arts, Parent
Decision Making Committee in Public Schools, and
Neighborhood Wipe Out Volunteer. (78415 Resident) (2-
19-08)
Secretary, St. John Baptist Church. Currently attending
Del Mar College. Activities include. Nueces County
Community Action Agency, Mayor's Advisory Board,
Brooks Chapel Early Childhood Center, Youth Council and
Foundation of Corpus Christi, Camp Fire U.S.A.,
N.A.A.C.P., and State of Texas Student Council
Association. (1- 25 -09)
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)
Tax Professional, H & R Block. Received B.A. from
Mount Holyoke College, South Hadley, Massachusetts, and
M.S. from Syracuse University, Syracuse, New York.
Activities include: Southside Evening Toastmasters. (1 -9-
08) —19-
Rick Greenfield
Sal Hernandez
Lorena Huerta
Patricia Ann Livas
Belinda Mendiola
Gerard Navarro
Emede Moses Reyes
Angelia Valencia
Program Manager Engineering Services, MANCON, Inc.
Received A.A. in Liberal Arts, B.A.A.S. in Industrial
Technology, and M.A. in Organizational Management.
Activities include: Qualified Mediator State of Texas. (1-
8-08)
Civil Service Coordinator, Nueces County. Activities
include: LULAC, Deputy District Director for Young
Adults, Barrios Association, and Education is our Freeman
Selection Committee. (78415 Resident) (8 -4 -08)
Investigator, Texas Department of Family and Protective
Services. Received BA in Christian Education from
Southwestem AG University. Activities include: Corpus
Christi Citizen University, LULAC, and Children's Church
Teacher. (2- 18 -08)
Accounting/Billing Clerk, Bay, Ltd. Received Bachelors
Degree in Psychology of Organizational Development and
Masters Degree in Arts and Administration from University
of the Incarnate Word. Activities include: Volunteer with
Brown Bag Challenge and Missionary Work with First
Baptist Church. (2- 22 -08)
Drill Sergeant, Juvenile Justice Bootcamp. Currently
Enrolled in College Pursuing BA in Criminal Justice with
Education. (78415 Resident) (10- 30 -08)
Substitute Teacher, Corpus Christi Independent School
District. Currently attending Texas A &M- Corpus Christi.
(5- 19 -08)
Independent Living Specialist, Coastal Bend Center for
Independent Living. Received a Bachelors in Education.
Activities include: Accessibility Coalition of the Coastal
Bend. (78415 Resident) (8 -8 -08)
Substitute Teacher, Calallen Independent School District.
Received BA in Social Science and MA Behavioral
Science /Sociology. Certified Bilingual Teacher. Activities
include: Bold Future for the Coastal Bend and Gonzalez
Community Center Volunteer. (78415 Resident) (12 -5 -08)
-20-
c. C.C. AQUIFER STORAGE AND RECOVERY CONSERVATION DISTRICT —
Confirmation of Officers - The board is recommending the confirmation of the following
officers: Oscar Martinez as President, Margie Rose as Vice - President and Fred Segundo
as Secretary. (Note: Section 8811.024 of the Texas Special District Local Laws Code
requires the City Council to confirm the election of officers annually.)
DUTIES: To develop and protect municipal aquifer storage areas created by the City of
Corpus Christi. The district may implement and develop aquifer storage and recovery
projects.
COMPOSITION: Five (5) directors appointed by the City Council to serve staggered
four -year terms. If a vacancy occurs on the board, the board may appoint a director to
serve the remainder of the term. The board shall annually elect officers and officers must
be confirmed by the City Council. The initial directors shall draw lots to determine which
three (3) directors shall serve four -year terms that expire at the end of the calendar year
four years after the effective date of the Act, and which two directors shall serve two -year
terms that expire at the end of the calendar year two years after the effective date of the
Act.
ORIGINAL
MEMBERS TERMS APPTD. DATES
Gustavo Gonzalez 12 -13 -11 10 -02 -08
Rudy Garza 12 -13 -09 10 -02 -08
Oscar Martinez, President 12 -13 -11 12 -13 -05
Margie Rose, Vice -Pres. 12 -13 -09 12 -11 -07
Fred Segundo, Secretary 12 -13 -09 12 -11 -07
—21—
d. LEADERSHIP COMMITTEE FOR SENIOR SERVICES - Eight (8) vacancies with
terms to 2 -1 -11 representing the following categories: 2 — Direct Service Agency, 2 —
Community, 1 — Senior Center Participant, 2 — Retired and Senior Volunteer Program
(R.S.V.P.) Volunteers, and 1— Senior Companion Program (S.C.P.) Volunteer.
(Note: Staff is recommending that 1- Direct Service Agency, Senior Center Participant,
1- Retired and Senior Volunteer Program (R.S.V.P.) and Senior Companion Program
(S.C.P.) Volunteer vacancies be postponed until additional resumes are received.)
DUTIES: To assist the Senior Community Services division staff in the development of
comprehensive senior citizens program plans; to advise the SCS division staff of the
needs for services according to locally conceived priorities; to review and evaluate SCS
operations; to increase recognition of volunteers and public awareness of the division by
coordinating and planning special events; and to coordinate and plan fund raising
activities to benefit SCS division goals.
COMPOSITION: Fifteen (15) members representing the following categories: 2 -
Senior center participants, 2 - Retired and Senior Volunteer Program (R.S.V.P.)
volunteers, 2 - Senior Companion Program (S.C.P.) volunteers, 3 - Direct service
agencies, and 6 - Community representatives. Initially, eight (8) members shall be
appointed for a term of one -year and seven (7) members shall be appointed to two -year
terms.
ORIGINAL
MEMBERS TERM APPTD. DATE
** *George B. Driskell (Agency) 2 -01 -09 4 -08 -08
* * ** *Alan D. Bligh (Community) 2 -01 -09 2 -12 -02
Jane Haas (Agency) 2 -01 -10 2 -12 -08
* * ** *Marion Ball (Senior ctr.) 2 -01 -09 2 -12 -02
Miltan A. Martiz (Senior ctr.) 2 -01 -10 3 -21 -06
* * *KathyHanon (R.S.V.P.), Chair 2 -01 -09 2 -15 -05
*Donna Marie Cisneros (R.S.V.P.) 2 -01 -09 2 -10 -04
Hilarion Villanueva (S.C.P.) 2 -01 -10 4 -08 -08
** *Linda Leach (S.C.P.) 2 -01 -09 2 -12 -08
*Dotson G. Lewis, Jr. (Community) 2 -01 -09 4 -08 -08
Ruth C. Perez (Community) 2 -01 -10 10 -14 -08
Vicki N. Garza (Community) 2 -01 -10 8 -26 -08
*Theresa M. Swirenko (Agency) 2 -01 -09 10 -14 -08
Guy Williams (Community) 2 -01 -10 2 -20 -07
Lisa Pollakis (Community) 2 -01 -10 2 -12 -08
(Note: The Leadership Committee for Senior Services is recommending the new
appointment of Michael Ramsey as Community representative.)
Legend:
*Seeking reappointment
* *Not seeking reappointment
** *Resigned
* ** *Exceeded number of absences allowed by ordinance
* * ** *Has met six -year service limitation
—22—
ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT
NO. OF MTGS. NO. % OF ATTENDANCE
NAME THIS TERM PRESENT LAST TER1VI YEAR
Donna Cisneros (RSVP) 9 9 100%
Dotson Lewis, Jr. (Community) 6 3(3exc) 50%
Theresa Swirenko (Agency) 1 1 100%
(Note: Mr. Lewis' absences were related to wrong contact information. The meeting
notices were went to a wrong e-mail address.)
OTHER INDIVIDUALS EXPRESSING INTEREST
Nancy Calcaterra
Sherri Darveaux
Servando R. Dimas
Andrea B. Green
Rick Greenfield
Food Service, Flour Bluff Independent School District.
Formerly Managed Medical and Chiropractic Offices and
did Medical Insurance Billing. Received Operating Room
Technician Certificate and Attended College. Recipient of
Employee of the Month at Flour Bluff Independent School
District. (Community) (2 -4 -08)
Retired, Former Librarian, Engineering Training
Developer, and Trainer Business Software Applications.
Received Master of Arts in Education, from University of
Texas at San Antonio, Texas and Master of Library Science
from University of Arizona. Attended Executive Program
at Anderson Graduate School of Business, University of
California, Los Angeles. Activities include. Member of
National Library Science Honor Society and Local
Antiquing Group. (Community) (1- 25 -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. (Community) (10 -6 -08)
Tax Professional, H & R Block. Received B.A. from
Mount Holyoke College, South Hadley, Massachusetts, and
M.S. from Syracuse University, Syracuse, New York.
Activities include: Southside Evening Toastmasters.
(Community) (1 -9 -08)
Program Manager Engineering Services, MANCON, Inc.
Received A.A. in Liberal Arts, B.A.A.S. in Industrial
Technology, and M.A. in Organizational Management.
Activities include: Qualified Mediator for State of Texas.
(Community) (1 -8 -08)
—23—
Cecilia G. Huerta
Terence F. Klinger
Adelfa M. Martinez
Rita Sonia Padron
Bethany L. Rabinowitz
Ron Rabinowitz
Consultant. Former Counselor and Teacher. Received
Bachelors of Arts in English and Masters of Arts Guidance
and Counseling from Texas A &I University. Activities
include: Association of School Counselors, Hispanic
Women's Network of Texas Corpus Christi Chapter, Junior
Achievement Volunteer, Upward Bound Field
Representative, and Counselor. Formerly Served as a
Member of the Brewster County Child Welfare Board and
the San Antonio City South P -16 Partnership.
(Community) (8- 18 -08)
Bus Operator, Regional Transit Authority. United States
Air Force Administration Specialist. Formerly Owned and
Operated Midwest Pro Wrestling Academy. Formerly
served as Community Outreach Representative for metro
Transit with Teens Alone, Streetworks and Homeless
Connect, Minneapolis, Minnesota. (Community) (10 -13-
08)
Retired. Received Associates Degree in Business.
Activities include: Volunteer at Lindale Sr. Center, Sr. Site
Council President, Active in Politics, PTA, Choir Member
at St. Cyril Methodius Church, and Jail Ministry at Nueces
County Jail. (Community) (1- 14 -08)
Retired, Acute Dialysis Nurse, Renal Care Group.
Received Vocational Nurse Degree from Del Mar
Technical School, Certified Hemodialysis Practitioner and
Pediatric Vocational Nurse. Activities include: Youth
Coach for YMCA and Park and Recreation Boys
Basketball Programs, Corpus Christi International Airport
Ambassador, Member of RSVP, and Board of Nephrology
Examiners Nursing and Technology — Policy and
Procedures Chair. Recipient of Leadership Awards with
RSVP and Senior Services. (Community) (2- 20 -08)
Formerly Health Services Coordinator/Manager, Cape Fear
Valley Health Systems. Received Associate of Science in
Occupational Therapy from Kettering College of Medical
Arts, Kettering, Ohio and Bachelor of Science in Exercise
Science from Campbell University, Buies Creek, North
Carolina. (Community) (10- 31 -08)
Assistant Professor, Department of Psychology, Texas
A &M University - Corpus Christi. Received Bachelor of
Arts from Harvard University, Cambridge, Massachusetts
Master of Arts from Stanford University, Stanford
California, Master of Science and Doctor of Philosophy
from Pacific Graduate School of Psychology, Palo Alto,
—24—
Michael R. Ramsey
California and Clinical Psychology Residency at Walter
Reed Army Medical Center, Washington, D.C. Activities
include: Pacific Graduate School of Psychology Student
Council and Committee Member. (Community) (10- 30 -08)
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. (Community) (10- 13 -08)
-25-
e. LIBRARY BOARD — Five (5) vacancies with terms to 11 -5 -09 and 11 -5 -10, two who
must be nominees of the La Retama Club and Friends of the Corpus Christi Public
Libraries Board and confirmed by the City Council.
DUTIES: The committee shall be advisory to the City Council and its duties shall be to
investigate and recommend to the Council matters relating to library services.
COMPOSITION: Nine (9) members, seven (7) members shall be appointed for two -
year terms by the City Council, one (1) member shall be nominated by the La Retama
Club, and one (1) member shall be nominated by the Friends of the Corpus Christi Public
Libraries Board for a term of two- years. Each nominee must be confirmed by a majority
of City Council Members
ORIGINAL
MEMBERS TERM APPTD. DATE
Dr. Roel Carmona 11 -05 -09 2 -19 -08
** *Barbara Silverman 11 -05 -09 11 -11 -03
James M. Martin 11 -05 -09 2 -19 -08
* *Mary C. Christmas, Chair 11 -05 -08 11 -09 -04
Lucy McCracken 11 -05 -09 11 -08 -05
Andrea Naismith 11 -05 -09 11 -08 -05
*Michael Flores 11 -05 -08 5 -13 -08
Vacant, La Retama Club
* *Ken Kellar, Pres., Friend of Libraries
Sue Stanford Honorary, non - voting 1 -17 -03
Note: The La Retama Club is nominating Barbara Head and the Friends of the
Corpus Christi Public Libraries Board are nominating Natalie Rogen.
The Library Board is recommending the reappointment of Michael Flores. They are
also recommending the new appointments of LaRae Riddick and Lawrence Jorden.
Alternate recommendations are Sherri Darveaux and John Keys.
ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT
NO. OF MTGS. NO. % OF ATTENDANCE
NAME THIS TERM PRESENT LAST TERM YEAR
Michael Flores 5 4 80%
OTHER INDIVIDUALS EXPRESSING INTEREST
William W. Berger Retired. Attended Tech School. (2- 18 -08)
Legend:
*Seeking reappointment
* *Not seeking reappointment
** *Resigned
* ** *Exceeded number of absences allowed by ordinance
* * ** *Has met six -year service limitation
-26-
Susanne Bonilla
Sue Crowson
Sheila Cudd
Sherri Darveaux
Dr. Stuart Elovitz
Meredith N. Grant
Rick Greenfield
Attorney, Law Offices of William D. Bonilla. Received
Bachelor of Arts in Political Science from Texas A &M
University - College Station and Doctor of Jurisprudence
from University of Texas School of Law. Activities
include: College of the State Bar of Texas, Texas Bar
Foundation Fellow, American Bar Association, and Corpus
Christi Bar Association. (12 -5 -08)
Assistant English Professor, Del Mar College. Received a
BA and MA in English from Texas Tech University and
PhD in English from Texas Woman's University. Certified
Public School Teacher in English and History. Activities
include: Serve on Several Del Mar College Campus
Committees and Member of National Council Teachers of
English. (2- 18 -08)
Retired, Del Mar College. Received Masters' Degree,
Licensed Professional Counselor, and Registered
Professional Educational Diagnostician. Formerly served
on Del Mar College Committees. Past Member of
Sparkling City Chapter of Sweet Adelines. (9 -8 -08)
Retired, Former Librarian, Engineering Training
Developer, and Trainer Business Software Applications.
Received Master of Arts in Education, from University of
Texas at San Antonio, Texas and Master of Library Science
from University of Arizona. Attended Executive Program
at Anderson Graduate School of Business, University of
California, Los Angeles. Activities include: Member of
National Library Science Honor Society and Local
Antiquing Group. (1- 25 -08)
Retired Eye Surgeon. Served in the Armed Forces in
Korea. Activities include: Working with Judges and
Truant Youth/Adults on Probation. Recipient of Honorary
Medal from City of Inchon for Work with Blind Children.
(2 -4 -09)
Homemaker. Received B.A. in English from Texas A &M
University - Corpus Christi. Certified Interior Decorator.
Activities include: Junior League of Corpus Christi, Art
Museum of South Texas, and Beautify Corpus Christi
Association. (10- 14 -08)
Program Manager Engineering Services, MANCON, Inc.
Received A.A. in Liberal Arts, B.A.A.S. in Industrial
Technology, and M.A. in Organizational Management.
Activities include: Qualified Mediator State of Texas. (1-
8-08)
—27--
Zak Hardage Supply Officer, United States Navy. Received BA in
Political Science from Principia College. Activities
include: Team ALS -C3 Racing Team and STARRS
Cycling Club. (11- 20 -08)
Barbara J. Head Retired Teacher. Activities include: La Retama Club,
Texas Book Festival, Episcopal Church of The Good
Shepherd, Patrons of The Order of De Pineda, and The
Cotillion Club. (La Retama Club) (11- 10 -08)
James L. Hinnant Attended College. Activities include: Neighborhood
Initiative Program — Neighborhood Initiative Council and
Neighborhood Initiative Program #17 Leader. (9 -2 -08)
Ida Alvarado Hobbs
Cecilia G. Huerta
Lawrence Jordan
Judy Jenson
John B. Keys
Edward Kownslar
Registered Nurse, Corpus Christi Medical Center.
Received Bachelor of' Science in Nursing. Activities
include: CASA Volunteer. Recipient of Outstanding
CASA Volunteer of the Quarter. (2- 22 -08)
Consultant, Self - Employed. Former Classroom Teacher
and Counselor. Received Bachelors of Arts English and
Masters of Arts Guidance and Counseling from Texas A &I
University. Activities include: Association of School
Counselors, Hispanic Women's Network of Texas Corpus
Christi Chapter, Junior Achievement Volunteer. (2- 11 -08)
Retired, Lawyer and Educator. Received B.A. from Rice
University, Ph.D. from Yale University and J.D., Texas
Tech University. Activities include: Past Vice President of
Audubon Outdoor Club of Corpus Christi, America's
Birdiest City Contest Organizer and Coordinator and
Audubon Christmas Bird Counts. (2- 18 -08)
Graduate of Baptist Hospital School of Radiology
Technology. Received Associates Degree from North
Harris County Community College. Activities include:
Volunteer at Driscoll Children's Hospital. (1- 22 -08)
Equity Trader/Fixed Income Specialist, Herndon Plant
Oakley.Attended Texas A &M University. Activities
include: Santa Fe Swimming Club Board Member —
Treasurer and Past President. (2- 18 -08)
Librarian, Texas A &M University - Corpus Christi.
Received BS in Journalism from University of Kansas, MS
in Library Science from University of North Texas, and
Master of Public Administration from Texas A &M
University - Corpus Christi. Activities include: Board of
Director, Family Counseling Services of Corpus Christi,
2004 -2006, Texas Library Association, Various
Committees, 1999 -2007, and American Library
Association, Varjp gCommittees, 1998 - Present. (6- 15 -07)
Timothy Lavinghousez, Jr. Personal Trainer, Texas A &M University - Corpus Christi
Recreation Sports Department. Currently attending Texas
A &M University - Corpus Christi. United States Navy
Veteran. Activities include: Coastal Bend Court
Appointed Special Advocates, Habitat for Humanity, and
Art Museum of South Texas. Recipient of Kiwanas
Leadership Award. (9 -8 -08)
John Douglas McMullan Professional Engineer, Freese and Nichols, Inc. Received
Bachelor of Engineering. Activities include: American
Society of Civil Engineers, Water Environment Federation,
and Volunteer at St. Pius X School. (1- 21 -09)
Richard Miller
Ken Muir
Larae Riddick
Natalie Rogen
Donald E. Russell
Director, Kantar Operations. Received a Degree in
Business. Activities include: CMOR, MRA, and Youth
League. (6- 25 -08)
Attorney Advisor, Corpus Christi Army Depot. Received
B.A. in Economics and International Studies with a Minor
in Spanish and Juris Doctor. Activities include. Volunteer
Coordinator Flour Bluff Chess Club and Volunteer
Tournament Director Optimist Coastal Bend Chess
Federation. (2- 19 -08)
Owner, LSR Properties. Formerly a Reading/English
Teacher. Received Associate Degree from Tarleton State
College and BA from University of Texas. Recipient of
Distinguished Student Award at Tarleton State College and
Teacher of the Month at Driscoll Middle School. (7- 30 -08)
Receptionist, Rogen Law Firm. Attended Dominican
College of San Rafael and Received BS in Nursing from
University of San Francisco. Activities include: Friends of
the Corpus Christi Public Libraries Board, Delphi club,
Ladies Philoptoches Society, South Texas Institute for the
Arts, and Baker Middle School PTA/Volunteer. (Friends
of the Corpus Christi Public Libraries Board) (1- 13 -09)
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)
-29-
Bill Shearer
Pastor, The Rock and Salesman, Delta Tire. Attended
Lincoln Technical Institute and Howard Payne University.
Activities include: Freemason. (2- 18 -08)
Brian Solarek Logistics Lead, Boeing. Received Bachelor's Degree in
Management. (1- 28 -08)
Raul Torres
Saundra Welch
Owner, Raul Torres CPA. Received BA and MBA from
Texas A &M University- Corpus Christi. Activities include:
Texas Society of CPA's and International Association of
Registered Financial Consultants. (2 -3 -09)
Partner, STT Blue Computer Securities. Received B.B.A.,
from Southern Methodist University, M.S. in Computer
Science and Engineering from University of Texas at
Arlington, and Ph.D. in Electrical Engineering from
Stanford University. Activities include: Zonta Club of
Corpus Christi, IEEE, and Engineers Without Borders.
Recipient of National Science Award. (2- 18 -08)
-30-
f. TRANSPORTATION ADVISORY COMMITTEE — One (1) vacancy with term to 4-
30-09. (Since the term ends 4- 30 -09, it is recommended that the appointment be for a
new three-year tern ending 4- 30 -12.)
DUTIES: To be responsible for public advisory jurisdiction and citizen traffic safety
investigation, traffic accident, injury and damage prevention in the City; developing and
implementing coordinated traffic safety programs which meet local needs; acting in an
advisory capacity to the City Council and the City Manager in the coordination of traffic
safety activities of the official agencies and departments of the City; promoting public
acceptance of official programs proposed or initiated by the City; fostering public
knowledge and support of traffic law enforcement and traffic safety problems;
cooperating with public and private school systems in promoting traffic safety training
aids in the schools; promoting the education of the public in traffic safety and, generally
assisting in the overall reduction of traffic deaths, injuries, damage, and accidents on the
City's streets.
COMPOSITION: Nine (9) members appointed by the City Council for three -year
terms to provide advice on transportation and traffic safety matters. One member has
traditionally been the incumbent security officer at the Naval Air Station. Elects
Chairman and Vice - Chairman annually.
ORIGINAL
MEMBERS TERM APPTD. DATE
William Green, Chair 4 -30 -10 5 -11 -04
Karen Beard 4 -30 -09 5 -30 -06
Jerry Trevino 4 -30 -11 5 -13 -08
Glenn R. Jones 4 -30 -10 11 -13 -07
Eloy Barrera Soza 4 -30 -10 11 -13 -07
Curtis A. Rock 4 -30 -11 5 -30 -06
*Joe Ortiz 4 -30 -09 10 -14 -08
Daniel Carrizales 4 -30 -09 12 -20 -05
Damien Lamont Holmes (NAS Security Officer) 4 -30 -11 11 -13 -07
(Note: Per the City Charter, Joe Ortiz is ineligible to serve due to his candidacy for City
Council)
INDIVIDUALS EXPRESSING INTEREST
Sheila Cudd
Retired, Del Mar College. Received Masters' Degree,
Licensed Professional Counselor, and Registered
Professional Educational Diagnostician. Formerly served
on Del Mar College Committees. Past Member of
Sparkling City Chapter of Sweet Adelines. (9 -8 -08)
Legend:
*Seeking reappointment
* *Not seeking reappointment
** *Resigned
* ** *Exceeded number of absences allowed by ordinance
* * ** *Has met six -year service limitation
-31-
Chris Hamilton
Kevin Horrigan
Terence F. Klinger
Thomas L. Knight
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. (2-
19-08)
Marketing Manager, South Texas Lighthouse for the Blind.
Attended Darden School of Business, University of
Virginia. Activities include: Volunteer at Lighthouse for
the Blind. Recipient of the Milton J. Samuelson Award for
2009. (1- 21 -09)
Bus Operator, Regional Transit Authority. United States
Air Force Administration Specialist. Formerly Owned and
Operated Midwest Pro Wrestling Academy. Formerly
served as Community Outreach Representative for metro
Transit with Teens Alone, Streetworks and Homeless
Connect, Minneapolis, Minnesota. (10- 13 -08)
Owner — President, Fiesta Margaritas. Received Bachelor
of Arts Degree in Political Science/Public
Administration/History and Secondary Education Teaching
Certificates in American Government/History and Special
Education. Received Young Republican "Man of the
Year" 1975 and was in Del Mar College Hall of Fame
1973. (4 -3 -07)
John Douglas McMullan Professional Engineer, Freese and Nichols, Inc. Received
Bachelor of Engineering. Activities include: American
Society of Civil Engineers, Water Environment Federation,
and Volunteer at St. Pius X School. (1- 21 -09)
Roy Ortega, Jr. Owner, Victorian Hall LLC. Attended numerous Tech
Schools and Symposiums. Interested in community
involvement. (9- 24 -07)
Carl L. Powell Retired, Bureau of Prisons. Received B.S. in Psychology
from Loyola University. Activities include: CASA/ Health
and Human Services Volunteer. (1- 11 -08)
Dennis Richard Slowinski Instructor Pilot, United States Air Force. Received B.A.
from Norwich Military University, United States Air Force
Undergraduate /Graduate Pilot Training from Columbus Air
Force Base and Corpus Christi Naval Air Station. 2008
Graduate of United States Air Force Squadron Leadership
Officers School and Currently Pursuing Master of
Professional Studies in Community and Economic
Development. Activities include: Unites States Air Force
Association, South Texas Chapter of the Military Officers
Association, Coastal Bend United Way, South Texas
Special Olympics *nd Lead Organizer for 208 National
Michael Tromm
Night Out/Neighborhood Watch Initiative. Recipient of
United States Air Force Air Medal for Bravery in Combat
and Commendation Medal. (10 -7 -08)
Preshop Analysis Engine Examiner, Corpus Christi Army
Depot. Attended Del Mar College and General Motors
University of Automotive Management. Served in United
States Air Force. Activities include: Maxine Flournoy
Third Coast Squadron of the Commemorative Air Force —
Executive Officer. Recipient of Commemorative Air Force
Silver Magnolia Award. (1- 12 -09)
-33-
3
Requested Council Action: 2/10/09
Alternate Council Date: 2/17/09
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving a supply agreement with Labatt Food Service, Corpus
Christi, Texas in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG-
9-1 for food items which include canned and frozen fruit and vegetables, meats and condiments for an
estimated six month expenditure of $75,642.74. The terms of the contracts shall be for six months with
an option to extend for up to three additional months, subject to the approval of the Coastal Bend Council
of Governments, the suppliers, and the City Manager or his designee. Funds have been budgeted by
Senior Community Services in FY08 -09.
BACKGROUND:
Purpose:
Award Basis:
Funding:
These food items will be used by Senior Community Services for the
Elderly Nutrition Program.
The items are combined under a cooperative bid issued by the Coastal Bend
Council of Governments (CBCOG). Participating members are comprised
of the City of Corpus Christi, Aransas Council of Aging, Duval County
Elderly Program, Bee Community Action Agency, C.A.C.O.S.T., Kleberg
County Human Services, Live Oak County Elderly Program, Nueces
County Senior Community Services, and Refugio County Elderly Services.
The recommended award is based on low bid and low bid meeting
specifications. Items awarded as low bid meeting specification are based
upon the quality and /or packing standards identified in the bid documents.
Senior Community Services
520070 -1020 -13030
520070 -1067- 00000 - 810509
520070 -1067- 00000 - 810809
Micha
Assistant Director of Financial Services
—37—
(MOW)
(ENP)
Total Amount:
(FY08 -09)
$37,064.95
13,615.69
24,962.10
$75,642.74
COUNCIL OF GOVERNMENTS - STAPLES, MEAT & OTHER FROZEN FOODS
SENIOR COMMUNITY SERVICES
Council Date: February 10, 2009
Bid Tabulation: CBCOG -09 -1
LaBatt Food Service
Corpus Christi, Texas
Canned Fruit, Canned Vegetables, Dried Vegetables, Canned Meat,
Condiments, Dressing, Juices, Oil and Shortening, Relishes, Soup & Bases,
Spices, Starches and Pasta, Sugar & Products, Miscellaneous Products,
Fresh Produce, Beef, Fish, Poultry, Prepared Products, Frozen Vegetables,
Frozen Fruit & Dessert, and Dairy
$75,642.74
Grand Total: $75,642.74
—38—
4
Requested Council Date: 02/10/09
Alternate Date: 02/17/09
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving the purchase of 322,000 rounds of ammunition, from
GT Distributors, Inc., Austin, Texas, in accordance with Bid Invitation No. BI- 0070 -09 based on
low bid for a total amount of $78,795.44. The ammunition will be used by the Police Department.
Funding is available in the Police Department's operational budget and the Justice Assistance
Grant.
BACKGROUND:
Purpose: The ammunition will be used to train officers for the patrol rifle
program.
Bid Invitations Issued: 11
Bids Received: 3
Basis of Award: Low Bid
Funding: Police
520090- 1020 -11790
Justice Assistance Grant
520090- 1061 - 00000 - 820808
Michae Barrera (
Assistant Director of Financial Services
-41-
Total
$52,198.64
26 596.80
$78,795.44
:le401 pueiO
�CO m
(D
00 T m
o c_ X
c
N 0 w
m cn •
Da)
3
o
NOIldI f3S3O
J
0
0
c
Z
c 0 m n
mmcAi�
7=0
N g co n
ADZO
c -D
oc
D «
Jcn0
Z�
cn
1
>0
C—I
N C
2. C4 O
P N N Z n
N 'm
m CO
c
<n
in m n 0
-0 N c)
/
A O A Q in
N
W a Z co
o A n O
r0 c9 m>
0m
Om>
N.) m mF HZ-m1 o�
0
con ((0 co
^? -_ 00
m0c
M > m
m a W m N co
O W co
c J v N
P O W O
O
O
01
Ni
O
O
O
to
N
0
0
01
co
01
0
73 m 13
C m73
v C r r m
co III: u))
r00
rn z
7:1
v
cn
6 co
co a
co
a
—42—
5
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving a service agreement with McNeilus Truck
and Manufacturing Co., Hutchins, Texas for the refurbishment of five (5) auto -reach side
loader packer bodies for an estimated amount of $229,520.80. Funding is available in
the operations budget of the Solid Waste Department.
*********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Purpose:
Basis of Award:
Funding:
The contractor will rebuild the "McNeilus" auto -reach side loader
packer bodies on 5 refuse trucks owned by the City. The work will
include the complete refurbishment of the entire body. The
refurbishment is estimated to extend the life of the equipment by at
least 5 years. The unit cost for a new truck is $218,847. The unit cost
to refurbish these trucks is $45,904.16.
Sole Source — Captive Replacement Parts
This procurement is exempt from the competitive bidding statutes.
Chapter 252 of the Local Government Code, Section 252.022, General
Exemptions, subparagraph (7)(D), which reads: "a procurement
available from only one source, including — captive replacement parts
or components for equipment ".
McNeilus Truck and Manufacturing Co. is the manufacturer of the
equipment and retains all distribution rights and privileges in regards
to parts and servicing specifications. As such, they are the only
company capable and qualified to rebuild these units.
Organization Name
Solid Waste Services
530100-1020-12510
Michael 3arrera,
Assistant Director of Financial Services
—45—
Amount
$229,520.80
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BUYER: MICHAEL BARRERA
February 10, 2009
ITEM DESCRIPTION
1) Refurbishment of McNeilus Auto -Reach
side loader bodies, including the arm assembly,
hopper floor, packer blades, wear strips,
packer cylinders, body wiring harness,
chassis wiring harness, cab wiring harness,
cab control box, switches, LED light system,
joystick, filters, fluids, rollers, check valves,
painting and freight.
Price Sheet
BI- 0128 -09
-46-
McNeilus
Hutchins, Texas
UNIT EXTENDED
QTY UNIT PRICE PRICE
5 each $ 45,904.16 229,520.80
229,520.80
6
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 2/10/09
AGENDA ITEM:
Item A: A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT
A GRANT OF $5,900 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES TO
PERFORM INFLUENZA TESTING ON CLINICAL SPECIMENS SUBMITTED FROM HOSPITALS
AND CLINICS THROUGHOUT THE SERVICE AREA AND TO EXECUTE ALL RELATED
DOCUMENTS.
Item B: AN ORDINANCE APPROPRIATING A GRANT OF $5,900 FROM THE TEXAS
DEPARTMENT OF STATE HEALTH SERVICES IN THE NO.1066 HEALTH GRANTS FUND TO
PERFORM INFLUENZA TESTING ON CLINICAL SPECIMENS SUBMITTED FROM HOSPITALS
AND CLINICS THROUGHOUT THE SERVICE AREA; AND DECLARING AN EMERGENCY.
ISSUE: A grant from the Texas Department of State Health Services in the amount of $5,900 is
appropriated in the No. 1066 Health Grants fund to perform influenza testing on clinical specimens
submitted from hospitals and clinics throughout the service area. This contract provides the Health
District with financial assistance to purchase supplies and reagents for the tests. The contract
period is from January 1, 2009 through August 31, 2009.
REQUIRED COUNCIL ACTION: Acceptance of the grant and appropriation of funds.
PREVIOUS COUNCIL ACTION: No previous action
CONCLUSION AND RECOMMENDATION: Recommend City Council to accept the grant and
appropriate funding for influenza testing.
Attachments:
C(LLer /0'i/
Annette Rodriguez, .H.
Acting Director of Public Health
—49—
BACKGROUND INFORMATION
This item is a new contract with the Department of State Health Services (DSHS) to
perform influenza testing. The testing will be performed by the Corpus Christi - Nueces
County Public Health District Laboratory utilizing the Center for Disease Control and
Prevention (CDC) Real Time Polymerase Chain Reaction method (PCR) for typing of the
influenza virus. These analyses will enable the laboratories within the Laboratory
Response Network (LRN) to become proficient in flu typing prior to a possible pandemic
influenza event and will expedite influenza subtype result within days of specimen
submission. The contract period is from 1/1/09 - 8/31/09, and funds are being awarded to
purchase supplies and reagents for the tests. The contract does not require matching
funds.
—50—
A RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ACCEPT A GRANT OF $5,900 FROM THE TEXAS
DEPARTMENT OF STATE HEALTH SERVICES TO PERFORM
INFLUENZA TESTING ON CLINICAL SPECIMENS SUBMITTED
FROM HOSPITALS AND CLINICS THROUGHOUT THE
SERVICE AREA AND TO EXECUTE ALL RELATED
DOCUMENTS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS, THAT:
SECTION 1. The City Manager or his designee is authorized to accept a grant of
$5,900 from the Texas Department of State Health Services to perform influenza
testing on clinical specimens submitted from hospitals and clinics throughout the
service area and to execute all related documents.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: January 23, 2009
eborah Walther
Assistant City Attorney
for the City Attorney
Henry Garrett
Mayor
-51-
Corpus Christi, Texas day of , 2009
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
-52-
AN ORDINANCE
APPROPRIATING A GRANT OF $5,900 FROM THE TEXAS
DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066
HEALTH GRANTS FUND TO PERFORM INFLUENZA TESTING ON
CLINICAL SPECIMENS SUBMITTED FROM HOSPITALS AND CLINICS
THROUGHOUT THE SERVICE AREA; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. A grant from the Texas Department of State Health Services, in the
amount of $5,900, is appropriated in the No. 1066 Health Grants Fund to perform
influenza testing on clinical specimens submitted from hospitals and clinics throughout
the service area. This contract provides the Health District with financial assistance to
purchase supplies and reagents for the tests. The contract period is from January 1,
2009 through August 31, 2009.
SECTION 2. Upon the written request of the Mayor or five Council members, copy
attached, the City Council: (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs,
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the day of
, 2009.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: January 23, 2009
eborah Walthe wn
Assistant City Attorney
for the City Attorney
D W BordFlo09
-53-
Henry Garrett
Mayor
Corpus Christi, Texas
day of , 2009
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: I /we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
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
D W BordFlo09 —5 4-
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 2/10/09
AGENDA ITEM:
Item A: A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT
A GRANT OF $102,276 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES TO
PROVIDE FOR THE ELIMINATION AND CONTROL OF TUBERCULOSIS AND TO EXECUTE
ALL RELATED DOCUMENTS.
Item B: AN ORDINANCE APPROPRIATING A GRANT OF $102,276 FROM THE TEXAS
DEPARTMENT OF STATE HEALTH SERVICES IN THE NO.1066 HEALTH GRANTS FUND TO
PROVIDE FOR THE ELIMINATION AND CONTROL OF TUBERCULOSIS; AND DECLARING AN
EMERGENCY.
ISSUE: A grant from the Texas Department of State Health Services in the amount of
$102,276 is appropriated in the No. 1066 Health Grants fund to provide funding for the
elimination and control of tuberculosis. The contract provides the Health District with
financial assistance for expenses to support services to individuals who have tuberculosis
or those who have a high risk of developing tuberculosis. The contract period is from
January 1, 2009 through December 31, 2009.
REQUIRED COUNCIL ACTION: Acceptance of the grant and appropriation of funds.
PREVIOUS COUNCIL ACTION: Council approved funding FY08.
CONCLUSION AND RECOMMENDATION: Recommend City Council to accept the grant and
appropriate funding for tuberculosis program
Attachments:
l; f
Annette Rodriguez, M.f':H.
Acting Director of Public Health
-57-
BACKGROUND INFORMATION
This item renews our current contract with the Department of State Health Services
(DSHS) to provide services to prevent, treat, and control tuberculosis. DSHS has provided
grant funding to support the Health Districts' Tuberculosis (TB) Program for many years.
During the calendar year, the TB Program serviced approximately 10,500 patients. The
contract period is from 1/1/09 - 12/31/09, and funds are being awarded to support staff
salaries and benefits for TB Program services. The contract does not require matching
funds.
—58—
A RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ACCEPT A GRANT OF $102,276 FROM THE. TEXAS
DEPARTMENT OF STATE HEALTH SERVICES TO PROVIDE
FOR THE ELIMINATION AND CONTROL OF TUBERCULOSIS
AND TO EXECUTE ALL RELATED DOCUMENTS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS, THAT:
SECTION 1. The City Manager or his designee is authorized to accept a grant of
$102,276 from the Texas Department of State Health Services to provide for the
elimination and control of tuberculosis and to execute all related documents.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: January 23, 2009
eborah W
Assistant City Attorney
for the City Attorney
�c: J7.✓i�_
alther Br
Henry Garrett
Mayor
-59-
Corpus Christi, Texas day of , 2009
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
-60-
AN ORDINANCE
APPROPRIATING A GRANT OF $102,276 FROM THE TEXAS
DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066
HEALTH GRANTS FUND TO PROVIDE FOR THE ELIMINATION AND
CONTROL OF TUBERCULOSIS; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. A grant from the Texas Department of State Health Services, in the
amount of $102,276, is appropriated in the No. 1066 Health Grants Fund to provide
funding for the elimination and control of tuberculosis. The contract provides the Health
District with financial assistance for expenses to support services to individuals who
have tuberculosis or those who have a high risk of developing tuberculosis. The
contract period is from January 1, 2009 through December 31, 2009.
SECTION 2. Upon the written request of the Mayor or five Council members, copy
attached, the City Council: (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs,
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the day of
, 2009.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: January 23, 2009
IciAbe
Deborah Walther Br
City Attorney
for the City Attorney
D W BordTB09
-61-
Henry Garrett
Mayor
Corpus Christi, Texas
day of , 2009
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
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
DWBordTB09
—62—
8
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: February 10.2009
AGENDA ITEM:
A. Resolution authorizing the City Manager or designee to accept a $711,038 grant
awarded by the Area Agency on Aging of the Coastal Bend for the FY 2009 Senior
Community Services, Elderly Nutrition Program; and declaring an emergency.
B. Ordinance appropriating a $711,038 grant from the Area Agency on Aging of the
Coastal Bend in the No.1067 Parks and Recreation grants fund for the FY 2009
Senior Community Services, Elderly Nutrition Program; and declaring an emergency.
C. Resolution authorizing the City Manager or designee to accept a $254,079 grant
awarded by the Texas Department of Aging and Disability Services for the FY 2009
Senior Community Services, Title XX Meals on Wheels Program; and declaring an
emergency.
D. Ordinance appropriating a $254,079 grant from the Texas Department of Aging and
Disability Services in the No. 1067 Parks and Recreation grants fund for the FY 2009
Senior Community Services, Title XX Meals on Wheels Program; and declaring an
emergency.
ISSUE: The Elderly Nutrition Program (ENP) grant is made available through the Area Agency
on Aging of the Coastal Bend and provides funding for the continuation of the Senior
Community Services, Elderly Nutrition Program. The fund authorization period is effective
October 1, 2008 through September 30, 2009.
The Title XX grant is made available through the Texas Department of Aging and Disability
Services for the continuation of the Senior Community Services, Title XX Meals on Wheels
(MOW) Program. The fund authorization period is effective October 1, 2008 through
September 30, 2009.
REQUIRED COUNCIL ACTION: Council authorization is required to accept and appropriate
Federal grant funds from the Area Agency on Aging of the Coastal Bend to fund the Elderly
Nutrition Program and from the Texas Department of Aging and Disability Services for the Title
XX Meals on Wheels Program from October 1, 2008 through September 30, 2009.
PREVIOUS COUNCIL ACTION: City Council accepts and appropriates Federal funds from the
Area Agency on Aging of the Coastal Bend and the Texas Department of Aging and Disability
Services for continuation of the Senior Community Services, Elderly Nutrition Program and
Title XX Meals on Wheels Program on an annual basis.
FUNDING: The Area Agency on Aging of the Coastal Bend is issuing a grant in the amount of
$711,038 in Federal funds to the City of Corpus Christi for the continuation of the Senior
Community Services Elderly Nutrition Program from October 1, 2008 through September 30,
2009.
PJ % &of 5
The Texas Department of Aging and Disability Services is issuing a grant in the amount of
$254,079 in State funds to the City of Corpus Christi for the continuation of the Title XX Meals
on Wheels Program.
CONCLUSION AND RECOMMENDATION: Council authorization is requested to accept and
appropriate funds from the Area Agency on Aging of the Coastal Bend and the Texas
Department of Aging and Disability Services.
Sal y Gav
Parks a
Attachments: Background Information
Pgig4of5
, Director
Recreation Department
BACKGROUND INFORMATION
The City receives grant funding for the Senior Community Services Program through Federal
and State grants that must be appropriated each year. These projects include the Elderly
Nutrition Program (Congregate and Home Delivered Meals), Title XX Meals on Wheels and
Benefits Counseling. The Benefits Counseling service is a component of the Health
Information Counseling & Advocacy Program of Texas (HICAP). Senior Center Supervisors
and program administrators are Certified Benefits Counselors who provide one -to -one
information about both public benefits and private health insurance. Benefit counselors
may also provide certain services for advance directives as outlined in the Texas
Government Code §81.1011.
The Elderly Nutrition Program coordinates the congregate and home delivered meals
operations to provide a fully prepared, well - balanced noon meal to senior center members and
homebound and /or disabled persons throughout the City. The meals are prepared at the
Nutrition Education and Service Center located on the Del Mar College West Campus. We
project to serve 101,382 congregate meals; 93,918 home delivered meals; 51,329 Title XX
Meals on Wheels and 750 hours of Benefits Counseling service units during fiscal year
October 2008 through September 2009.
Senior center operations are supported solely through the City's General Fund and offer a
comprehensive lifestyle enhancement component which includes assessment;
recreation /leisure activities; health and wellness programs; nutrition education; advocacy;
health education; community education; access and assistance; outreach; referrals;
emergency transportation and escort; special interest classes, a SeniorNet Computer
Technology Center and special events.
Pa%e75_of 5
A RESOLUTION
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A
$711,038 GRANT AWARDED BY THE AREA AGENCY ON AGING OF
THE COASTAL BEND FOR THE FY 2009 SENIOR COMMUNITY
SERVICES, ELDERLY NUTRITION PROGRAM.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager or designee is authorized to accept a $711,038 grant
awarded by the Area Agency on Aging of the Coastal Bend for the FY 2009 Senior
Community Services, Elderly Nutrition Program.
INTRODUCED AND PASSED by the City Council of the City of Corpus Christi, Texas,
On the day of , 2009.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Approved: January 26, 2009
Lisa AguilafJ
Assistant City Attorney
For City Attorney
H:\LEG- DIR\Lisa\2008 Resolutions \SCS ENP Resolution 20Q9619_
Henry Garrett, Mayor
Corpus Christi, Texas
Day of , 2009
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel)
Bill Kelly
Priscilla Leal
John E. Marez
Nelda Martinez
Mike McCutchon
H:\LEG- DIRILisa\2008 Resolutions\SCS ENP Resolution 2009.dac9_
AN ORDINANCE
APPROPRIATING A $711,038 GRANT FROM THE AREA AGENCY ON
AGING OF THE COASTAL BEND IN THE NO. 1067 PARKS AND
RECREATION GRANTS FUND FOR THE FY 2009 SENIOR COMMUNITY
SERVICES, ELDERLY NUTRITION PROGRAM; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS:
SECTION 1. A $711,038 grant is appropriated from the Area Agency on Aging of the
Coastal Bend for the FY 2009 Senior Community Services, Elderly Nutrition Program in
the No. 1067 Parks and Recreation Grants Fund.
SECTION 2. That upon written request of the Mayor or five council members, copy
attached, the City Council finds and declares an emergency due to the need for immediate
action necessary for the efficient and effective administration of City affairs and suspends
the Charter rule that requires consideration of and voting upon ordinances at two regular
meetings so that this ordinance is passed and shall take effect upon first reading as an
emergency this the day of , 2009.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved January 26, 2009
By:
iits
Lisa Agui ar
Assistant City Attorney
For City Attorney
HALEG- DIR\Lisa\2008 ORDINANCES\SCE ENP Ordinance 21/0/11jaa
Henry Garrett
Mayor
Corpus Christi, Texas
Day of , 2009
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and voting
upon ordinances at two regular meetings: I /we, therefore, request that you suspend said
Charter rule and pass this ordinance finally on the date it is introduced, or at the present
meeting of the City Council.
Respectfully, Respectfully,
Henry Garrett
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel)
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
H:\LEG- DIR\Lisa12008 ORDINANCES \SCS ENP Ordinance 2009.dpc
A RESOLUTION
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A
$254,079 GRANT AWARDED BY THE TEXAS DEPARTMENT OF
AGING AND DISABILITY SERVICES FOR THE FY 2009 SENIOR
COMMUNITY SERVICES, TITLE XX, MEALS ON WHEELS PROGRAM.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager or designee is authorized to accept a $254,079 grant
awarded by the Texas Department of Aging and Disability Services for the FY 2009
Senior Community Services, Title XX, Meals on Wheels Program.
INTRODUCED AND PASSED by the City Council of the City of Corpus Christi, Texas,
On the day of , 2009.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary Henry Garrett, Mayor
Approved: January 26, 2009
A
Lisa Aguilar
Assistant City orney
For City Attorney
H:LLEG- DIR \Lisat2008 Resolutions\SCS Title XX MOW ResoIu1icn,p09.doc
Corpus Christi, Texas
Day of , 2009
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Rummell
Bill Kelly
Priscilla Leal
John E. Marez
Nelda Martinez
Mike McCutchon
H: \LEG- DIR \Lisa\2008 Resolutions \SCS Title XX MOW Resolution fa9.doc
AN ORDINANCE
APPROPRIATING A $254,079 GRANT FROM THE TEXAS DEPARTMENT
OF AGING AND DISABILITY SERVICES IN THE NO. 1067 PARKS AND
RECREATION GRANTS FUND FOR THE FY 2009 SENIOR COMMUNITY
SERVICES, TITLE XX MEALS ON WHEELS PROGRAM; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS:
SECTION 1. A $254,079 grant is appropriated from the Texas Department of Aging
and Disability Services in the No. 1067 Parks and Recreation grants fund.
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 February 2009.
ATTEST:
Armando Chapa, City Secretary
Approved January 26, 2009
Lisa Aguitar
Assistant City Attorney
For City Attorney
THE CITY OF CORPUS CHRISTI
Henry Garrett, Mayor
H:\LEG- DIR \Lisa\2008 ORDINANCES \SCS Title XX MOW OrdiRp ce 2009.doc
Corpus Christi, Texas
day of , 2009.
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings. I /we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Henry Garrett, Mayor
The City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
Priscilla Leal
John E. Marez
Nelda Martinez
Mike McCutchon
H:\LEG- DIR \Lisa\2008 ORDINANCES\SCS Title XX MOW Ordiapce 2009.doc
9
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: February 10, 2009
AGENDA ITEM:
A. Ordinance authorizing the City Manager, or his designee, to amend the lease
agreement with Great Western Soccer League, a non - profit organization, for the use
of Terry and Bobby Labonte Park for its soccer program to end in January 2014;
providing for severance; and providing for publication; and declaring an emergency.
B. Ordinance authorizing the City Manager, or his designee, to amend the lease
agreement with Padre Youth Football League, a non -profit organization, for the use of
Bill Witt Park for its football program to end in January 2010; providing for severance;
and providing for publication; and declaring an emergency.
C. Ordinance authorizing the City Manager, or his designee, to amend the lease
agreement with Corpus Christi and Coastal Bend Football League, a non - profit
organization, for the use of Botsford Park for its football program to end in January
2014; providing for severance; and providing for publication; and declaring an
emergency.
D. Ordinance authorizing the City Manager, or his designee, to amend the lease
agreement with Corpus Christi Senior Softball Association, a non - profit organization,
for the use of Kiwanis Park for its softball program to end in January 2011; providing
for severance; and providing for publication; and declaring an emergency.
E. Ordinance authorizing the City Manager, or his designee, to amend the lease
agreement with South Texas Association for Radio Controlled Automobile Racing a
non - profit organization, for the use of Bill Witt Park for its Radio Controlled Car
program to end in January 2014; providing for severance; and providing for
publication; and declaring an emergency.
F. Ordinance authorizing the City Manager, or his designee, to amend the lease
agreement with Universal Little League, a non - profit organization, for the use of
Greenwood /Horne Road Youth Sports Complex for its baseball program to end in
January 2012; providing for severance; and providing for publication; and declaring an
emergency.
G. Ordinance authorizing the City Manager, or his designee, to amend the lease
agreement with Southside Little Miss Kickball League, a non - profit organization, for
the use of 4200 McArdle Road for its kickball program to end in January. 2011 ;
providing for severance; and providing for publication; and declaring an emergency.
H. Ordinance authorizing the City Manager, or his designee, to amend the lease
agreement with Southside Youth Sports Complex, a non - profit organization, for the
use of Price Park for its baseball program to end in January 2014; providing for
severance; and providing for publication; and declaring an emergency.
I. Ordinance authorizing the City Manager, or his designee, to amend the lease
agreement with Sparkling City Fast Pitch League, a non - profit organization, for the
use of Greenwood /Horne Road Youth Sports Complex for its softball program to end
in January 2012; providing for severance; and providing for publication; and declaring
an emergency.
—79—
J. Ordinance authorizing the City Manager, or his designee, to amend the lease
agreement with International Westside Baseball League, a non - profit organization, for
the use of Greenwood /Horne Road Youth Sports Complex for its baseball program to
end in January 2012; providing for severance; and providing for publication; and
declaring an emergency.
K. Ordinance authorizing the City Manager, or his designee, to amend the lease
agreement with Corpus Christi United Kickball League, a non - profit organization, for
the use of Bill Witt Park for its kickball program to end in January 2014; providing for
severance; and providing for publication; and declaring an emergency.
L. Ordinance authorizing the City Manager, or his designee, to amend the lease
agreement with Padre Soccer League, a non - profit organization, for the use of Bill
Witt Park for its soccer program to end in January 2013; providing for severance; and
providing for publication; and declaring an emergency.
M. Ordinance authorizing the City Manager, or his designee, to amend the lease
agreement with Santa Fe Soccer League, a non - profit organization, for the use of
South and North Pope Park for its soccer program to end in January 2014; providing
for severance; and providing for publication; and declaring an emergency.
ISSUE: The city has fourteen sports league contracts with expiration dates throughout the
year. In order to manage these contracts more effectively, they are being amended to
expire in January. All but one of these sports league contracts is being brought to Council
at this time.
REQUIRED COUNCIL ACTION: The City Council must approve all leases of City property.
PREVIOUS COUNCIL ACTION: The City Council previously approved leases with fourteen
non -profit sports leagues.
FUNDING: No funding involved.
CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council
approve the amendment to the lease with the thirteen sports leagues presented.
Attachments: none
-80-
Sally Cavil, Director
Parks and ecreation Department
Page 1 of 2
AN ORDINANCE
ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS
DESIGNEE, TO AMEND THE LEASE AGREEMENT WITH GREAT
WESTERN SOCCER LEAGUE, A NON - PROFIT ORGANIZATION, FOR
THE USE OF TERRY AND BOBBY LABONTE PARK FOR ITS
SOCCER PROGRAM TO END IN JANUARY 2014; PROVIDING FOR
SEVERANCE; AND DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI
TEXAS THAT
SECTION 1. The City Manager or his designee is authorized to amend the Lease
Agreement with Great Western Soccer League, a non - profit organization, for the use of
Terry and Bobby Labonte Park for its soccer program to end in January 2014. A copy of
the lease is on file 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. That upon written request of the Mayor or five Council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter Rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the day of February, 2009.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved: February 2, 2009
B Y_v,3i .16.71-47- -
y: -
Lisa Aguilar / )
Senior Assistant City Attorney
For City Attorney
Henry Garrett
Mayor
C:\DOCUME -1 \Jeannie \LOCALS -1 \ Temp\ ORD- AmendLeaseGreatWesternSoccer- LabontePark.doc
–81–
Page 2 of 2
Corpus Christi, Texas
Day of , 2009
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: I /we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, 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
C: \DOCUME -1 Ueannie \LOCALS -1 \ Temp\ ORD- AmendLeaseGreatWesternSoccer- LabontePark.doc
—82—
LEASE AGREEMENT
BETWEEN THE CITY OF CORPUS CHRISTI AND GREAT WESTERN SOCCER
LEAGUE
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 "), and Great Western Soccer League
( "Lessee "), a nonprofit organization, acting through its duly authorized President of
Lessee.
WHEREAS, the City owns property described on the attached Exhibit A, which said
property is located in Corpus Christi, Nueces County, Texas, a portion of which will be
known as the "Premises ";
WHEREAS, the Lessee desires to use the Premises for program described on the
attached Exhibit A; and
WHEREAS, the City desires to allow Lessee to use the Premises for said program;
NOW, THEREFORE, the City 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 as described on the attached exhibit, beginning on day of City Council
approval, ( "Effective Date ") which is , unless sooner
terminated as set out herein. Upon Effective Date, this lease terminates the prior leases
between the parties for use of said Premises.
Section 2. Contact Person /Lease Administrator. For this Lease, the City's contact
person and lease administrator is the Director of Park and Recreation or designee
( "Director ").
Section 3. Premises and Improvements. City leases to Lessee the Premises, as
described and delineated in Exhibit B 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 operate the program described on Exhibit A
and must 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, and irrigation
-83-
1
systems, if any are present or installed on the Premises.
(C) Lessee must immediately report any vandalism to the Director, or designee,
and the Corpus Christi Police Department, Nueces County, Texas;
(D) Lessee shall ensure that parking is confined to on- street parking only, or
designated parking Tots but no parking is to be allowed on grass;
(E) Lessee will provide normal, scheduled mowing of the Premises. Lessee will be
responsible for maintaining the fields as set out in 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;
(F) Lessee shall maintain the fields within the Premises boundary lines. Grass on
the fields must not exceed three (3) inches. Lessee must mow the 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 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) If Lessee utilizes goal posts on the Premises, Lessee shall maintain a secure
anchoring system on all goal posts used on the fields at Premises. Lessee
must repair any deficiency found in the anchoring system that impairs the safe
use of the anchoring system within forty-eight (48) hours after the need for
repair is or should have been discovered;
(H) Lessee is responsible to proper installation and use of all equipment and
improvements at Premises;
(I) Lessee must maintain First Aid kit on Premises;
(J) Lessee shall submit the attached Exhibit D, Standard of Maintenance to the
Director no later than January 31 of each year.
Section 5. Compliance with Maintenance Standards. The City Manager and the
Director, 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 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's invoice. Failure to pay the City's invoice for 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 for
Lessee's nonperformance of the maintenance.
Section 6. Sportsmanship Program. Lessee shall require that all of its coaches and at
least one family member of each youth participant shall complete a state or nationally
recognized, or Parks Director approved, parent and coach sportsmanship program.
—84—
1
Section 7. Assignment and Sublease. This Lease may not be, in whole or in part,
assigned, directly or indirectly, without the prior written consent of the City. This Lease
may be sublet only with the prior written consent of the Director. Requests to sublet the
premises must be submitted to the Director at least 30 days in advance.
Section 8. Securing /Anchoring of Goal Posts. Lessee acknowledges and covenants
that Lessee shall be responsible, during the term of this Lease, for maintaining the
anchoring system, as set out in Section 4 above. Any change, alteration, or modification to
the anchoring system during the term of this Lease must be submitted to Director, in
writing, prior to the change, alteration or modification being made.
Section 9. 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 10. Joint Use.
(A) City retains 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 Lessee's sport program purposes. Requests for scheduled organized
activities by other organizations will be reviewed for approval or denial by the
Director and Lessee.
(B) City retains the right to use or cross the Premises with utility lines and /or
easements. City may exercise these rights without compensation to Lessee
for damages to the Premises and/or any Improvements from installing,
maintaining, repairing, or removing the utility lines and /or easements. City
must use reasonable judgment in locating the utility lines and /or easements
to minimize damage to the Premises and /or its Improvements.
Section 11. Primary Purpose. Lessee must establish and maintain a recreational area
with the primary purpose being for the operation of a sports program described on
attached Exhibit A and for no other purpose without the Director's prior written approval.
Lessee's fundraising activities on Premises require Director's prior written approval.
Lessee's insurance must provide coverage in compliance with Section 19 for the type of
fundraising activity being proposed by Lessee.
Section 12. 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
—85—
3
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. At the termination or expiration of this Lease, all permanent additions
and alterations installed by Lessee at the Premises, including but not limited to,
fences, concession stands, goal posts and bleachers, become property of the
City without necessity of legal action.
Section 13. 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 14. 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 15. Advertising. The Director has the right to prohibit any advertising by
Lessee on Premises which impairs the reputation of the Premises or the City.
Section 16. Security. Lessee shall contract and pay for any and all security it requires
at the Premises during the term of this Lease.
Section 17. 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. The City Manager, or his designee, retains
the right to take such action as the United States may direct to enforce this non-
discrimination covenant.
Section 18. 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
—86—
(B)
at the Premises and its performance under this Lease. This Lease is also
subject to applicable provisions of the City Charter.
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 19. Costs. Noncompliance with the terms herein may result in termination of
this Lease and repossession of the Premises and its Improvements by the City or its
agents. If the City undertakes legal action to enforce compliance or collect damages
resulting from noncompliance, Lessee must pay all of the City's court costs and ex-
penses, including reasonable attorneys' fees.
Section 20. Indemnity. Lessee, its officers, members, partners,
employees, representatives, agents, and licensees (collectively,
Indemnitors) covenant to fully indemnify, save, and hold
harmless the City, its 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 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's sports program; (2) the
exercise of rights under this Lease; (3) an act or omission,
negligence, or misconduct on the part of any persons having
involvement in, participation with, or business with the Premises,
Lessee, or the Lessee's sport program whether authorized with
the express or implied invitation or permission of Lessee
(collectively, Lessee's Invitees) entering upon the Premises or its
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 by Indemnitees or any them of any law, rule,
—87—
5
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 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 reasonab /e notice regarding commencement of
litigation, at its own expense, investigate all claims and demands,
attend to their settlement or other disposition, defend City 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 21. 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 C, 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 22. No debts. Lessee shall not incur any debts nor obligations on the credit of
City during the term o this Lease.
Section 23. Termination.
(A) The City Manager may immediately terminate this Lease for cause and
without penalty if the City Manager determines, in his sole discretion, that
Lessee is no longer fulfilling the primary purpose of the Lease as set out in
Exhibit A.
—88—
(B) In addition, the City Manager may immediately terminate this Lease for
cause and without penalty if he determines, in its sole discretion, that Lessee
is in violation of any Federal, State, or local government law, rule, regulation,
or ordinance.
(C) Additionally, if there is noncompliance with one or more of the provisions
contained herein, the Director may give Lessee written notice to cure or
begin curing the 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, the
City Manager may terminate this Lease for cause without penalty by
providing written notice of termination and listing one or more areas of
continued noncompliance.
(D) Either City Manager or Lessee may terminate this Lease without cause
without penalty by giving thirty (30) days written notice to the non - terminating
party.
Section 24. 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; or (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 Name and address on Exhibit A
Attn: Director of Park & Recreation
P. O. Box 9277
Corpus Christi, TX 78469 -9277
Either party may change the address to which notice is sent by using a method set out
above. Lessee will notify the City of an address change within thirty (30) days after the
address is changed.
Section 25. List of Current Officers and Board of Directors, and Bylaws. Lessee
must submit its current List of Officers and Board of Directors (List) to the Director by
each January 31 of each year of this Lease. The List must contain each person's title,
name, address, home phone, and office or fax phone, and email address. Lessee must
notify Director in writing immediately if there are any changes in the Officers or Board of
Directors. Lessee must provide Director with copy of the current Bylaws, and
immediately provide Director with any amendments to the Bylaws.
Section 26. Reporting. Lessee shall submit reports listing the number of youth and
teams registered by Lessee to play sports each year during the term of this Lease. The
reports must be submitted to the Director within two weeks after the start of Lessee's
season.
—89—
7
Section 27. Construction and Reconstruction Funds.
(A) If the City receives funds to construct or reconstruct Improvements at the
Premises, Lessee covenants to vacate the Premises, should the Director
deem it necessary, upon thirty (30) days written notice from the Director.
(B) Lessee has no action for damages against nor will be compensated by the
City for loss of use of the Premises and /or Improvements. The City has no
obligation to provide an alternate location for Lessee during the Improve-
ments construction or reconstruction period. The consideration for Lessee
relinquishing all rights to use the Premises and Improvements during the
construction or reconstruction period is the City's construction or recon-
struction of the Improvements for Lessee's benefit.
(C) Once construction or reconstruction of the Improvements is complete, the
Director will notify Lessee, in writing, of the date on which the Premises
and Improvements are once again available to Lessee.
(D) Lessee's term will not change nor increase if the City requests Lessee to
vacate the Premises as set out herein.
Section 28. 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 29. 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
—90— 8
default.
Section 30. Force Majeure. 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 sus-
pended during this period to the extent performance is reasonably affected.
Section 31. Publication. Lessee agrees to pay the cost of newspaper publication of
this Lease and related ordinance as required by the City Charter.
Section 32. Ca tions. The captions in this Lease are for convenience only, are not a
part of this Lease, an do not in any way limit or amplify the terms and provisions of this
Lease.
Section 33. 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 un-
der 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, for it
is the definite intent of the parties to this Lease that every section, para-
graph, 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 unen-
forceable 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 34. 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 35. Entirety Clause. This Lease and the attached and incorporated exhibits
constitute the entire agreement between the City and Lessee for the purpose granted.
All other agreements, promises, representations, and understandings, oral or otherwise,
with reference to the subject matter hereof, unless contained in this Lease are expressly
revoked, except for the promulgation of future maintenance rules as contemplated in
Section 4 herein above, as the parties intend to provide for a complete understanding
within the provisions of this Lease and its exhibits of the terms, conditions, promises,
—91—
9
and covenants governing each party's performance hereunder and as relating to
Lessee's use of the Premises.
EXECUTED IN DUPLICATE, each of which shall be considered an original, on this
the day of 2009.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary 'Angel R. Escobar, City Manager
Approved as to legal form: :2/210,
By: It.frti . v-6-4
Lisa Aguila assistant City Attorney
For City Attorney
LESSEE: GREAT WESTERN SOCCER LEAGUE
By: -14011,4 461,661-On
President
Printed Name: LI) C C &Lj4,t C---
Date: I (t(oa1
STATE OF TEXAS
COUNTY OF NUECES '
This instru ent was acknowledged •efore me •n Arn-v (3 , 2009, by
^resident of _ . „ „_ 4 :� , on behalf of said organization.
r
Notary Public, State of Texas
Printed name:
a a a ti
/SO:* DONNA I. DELEON
' r Notary Public
2.S.;;;07,/ My Comm.
STATE
08-11-2012 TEXAS
Commission expires: DI t (aot.)--
-92-
1n
EXHIBIT A
Great Western Soccer League
Property Description: Terry and Bobby Labonte Park
Term: January 27, 2009 through January 31, 2014
Program to be operated by Lessee: Soccer
Notice Address for Lessee:
Great Western Soccer League
Attn: President
P. 0. Box 260891
Corpus Christi, Texas 78426
-93-
11
EXHIBIT B
See attached Site map
-94-
19
Po
A
a
Page 9 of 10
EXHIBIT C
INSURANCE REQUIREMENTS
I. LESSEE'S LIABILITY INSURANCE
A. Lessee must not commence work under this Lease until insurance required herein has been obtained and such
insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all
similar insurance required of the subcontractor has been obtained.
B. Lessee must furnish to the City's Risk Manager, (two) 2 copies of Certificates of Insurance, showing the following
minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an
additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30 -Day written notice of cancellation, non - renewal,
material change or termination is required on all
certificates.
Bodily Injury and Property Damage
Per occurrence / aggregate
Commercial General Liability including:
$1,000,000 COMBINED SINGLE LIMIT
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
C. In the event of accidents of any kind, Lessee must furnish the Risk Manager copies of all reports of any accidents
within 10 days of the accident.
II. ADDITIONAL REQUIREMENTS
A. Certificate of Insurance:
• The City of Corpus Christi must be named as an additional insured on the liability coverage, and a
blanket waiver of subrogation is required on all applicable policies.
• If your insurance company uses the standard ACORD form, the cancellation clause (bottom right)
must be amended by adding the wording "changed or between "be" and "canceled ", and deleting the
words, "endeavor to ", and deleting the wording after "left". ".In lieu of modification of the ACORD form,
separate policy endorsements addressing the same substantive requirements are mandatory.
• The name of the project must be listed under "Description of Operations ".
• At a minimum, a 30 -day written notice of cancellation, material change, non - renewal or termination is
required.
B. If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items
1.B (1) -(7), an authorized representative of the insurance company must include a letter specifically stating
whether items 1.B. (1) -(7) are included or excluded.
-96-
13
EXHIBIT D
STANDARD OF MAINTENANCE
SPORT FIELD LEASE CHECKLIST
Due January 31
SITE: INSPECTOR:
ADDRESS: Date:
Please fill out whatever pertains to your Sports league, please use comment box
below to describe your sports field if it's not listed.
All Leases Sport League will be expected to complete this self- inspection checklist form
annually. Due date will be January of the upcoming year.
Each league is responsible for their self inspection. If the inspection is not submitted to
the City of Corpus Christi Parks and Recreation Department, 1201 Leopard, Corpus
Christi, Texas 78401 by January 31 the League will be assessed a fee of $500.00 per
site and the City will do the inspection.
Check "N0" if repairs are not necessary; "YES" if repairs are necessary. A comment is
required for any "YES" answer.
PLAYING SURFACE: Baseball Field, Soccer Field, Football Field, Softball Playing
Field,
Yes No
[ ] [ ] 1. Maintenance equipment such as rakes, hoses, etc. are stored correctly.
[ ] [ ] 2. Litter and unsafe debris is picked up around the field and player /spectator
areas.
[ ] [ ] 3. The supply and location of waste cans are adequate.
[ ] ( ] 4. Sprinkler heads, drainage grates, valve boxes, etc. in the field are grade level
and /or do not have sharp edges or unsafe protrusions.
[ ] [ ] 5. Recurring accidents from players running into surrounding objects such as
fencing, light posts, bleachers,etc.
[ ] [ ] 6. Our facility complies with industry recommended field design specifications.
[ ] [ ] 7. Playing field is level
[ ] [ ] 8. Playing surface is safe. (no holes or unsteady surfaces)
COMMENTS
—97—
BASES AND ANCHORING: Baseball Field, Soccer Field, Football Field, Softball
Playing Field,
Yes No
[ ] [ ] 1. The bases or goal are installed according to the manufacturer's
requirement.
[ ] [ ] 2. The bases or goals are secure and safe.
COMMENTS
FENCING area around the following: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] [ ] 1. Fence posts are not loose and /or properly set in the ground.
[ ] [ ] 2. Fence posts are not on the inside of the playing area fence.
[ ] [ ] 3. Concrete footings are not exposed above ground.
[ ] [ ] 4. Fencing is securely attached to the fence posts with no loose or broken ties.
[ ] [ ] 5. There are not unsafe gaps under fencing.
[ ] [ ] 6. Wire ends of chain link fencing are not exposed along the top.
[ ] [ ] 7. There are not damaged portions of fencing that are loose, sharp, protruding, or
unsafe.
[ ] [ ] 9. Gates are not left open during games.
[ ] [ ] 10. Backstops and goals not meet industry recommended specifications.
COMMENTS
TURF AREAS for the following: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] [ ] 1. There are not unsafe bare spots in turf with a hard soil surface
exposed.
[ ] [ ] 2. The surface is level.
[ ] [ ] 3. Soil is properly draining for safe running surface.
[ ] [ ] 4. Turf is uniform in texture, density, or height making an unsafe playing
surface.
[ ] [ ] 5. Turf irrigation is properly installed and working.
[ ] [ ] 6. Weeds are not present with thorns, bristles, or burrs.
-98-
7. Moles, gophers or other animals have not caused mounds or holes.
8. No hazardous ruts are present.
9. Permanent materials used to mark foul lines (i.e., white boards or fire
hose) are not protruding from the surface.
COMMENTS
LIGHTING for the following areas: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] [ ] 1. The lighting was designed, installed and inspected by properly trained
engineers or technicians.
[ ] [ ] 2. There are burned out lights.
[ ] [ ] 3. The beam direction of the lights are properly adjusted.
[ ] [ ] 4. The lighting foot - candles meet industry recommended specifications.
COMMENTS
BLEACHERS for the following areas: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] [ ] 1. The nuts and bolts on the bleachers are not loose, missing, or protruding.
[ ] [ ] 2. The guard rails are not loose or missing.
[ ] [ ] 3. The plank or railing end caps are loose or missing.
[ ] [ ] 4. Wooden planks are not worn out or splintered.
[ ] [ ] 5. There are not hazardous protrusions or sharp edges.
COMMENTS
—99—
Page 1 of 2
AN ORDINANCE
ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS
DESIGNEE, TO AMEND THE LEASE AGREEMENT WITH PADRE
YOUTH FOOTBALL LEAGUE, A NON - PROFIT ORGANIZATION, FOR
THE USE OF BILL WITT PARK FOR ITS FOOTBALL PROGRAM TO
END IN JANUARY 2010; PROVIDING FOR SEVERANCE; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI
TEXAS THAT
SECTION 1. The City Manager or his designee is authorized to amend the Lease
Agreement with Padre Youth Football League, a non - profit organization, for the use of
Bill Witt Park for its football program to end in January 2010. A copy of the lease is on
file 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. That upon written request of the Mayor or five Council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter Rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the day of February, 2009.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved: February 2, 2009
;
By: --AAA ✓
Lisa Aguilar J
Senior Assistant City Attorney
For City Attorney
Henry Garrett
Mayor
C: \DOCUME -1 \Jeannie \LOCALS -1 \ Temp\ ORD- AmendLeasgSpb thTexasYouthFootball- BillwittPark.doc
Page 2 of 2
Corpus Christi, Texas
Day of , 2009
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: I /we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Henry Garrett
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel)
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
C: \DOCUME -1 \Jeannie \LOCALS -1 \ Temp\ ORD- AmendLeaseSOUthTexasYouthFootball- BillwittPark.doc
—101—
LEASE AGREEMENT
BETWEEN THE CITY OF CORPUS CHRISTI AND PADRE YOUTH FOOTBALL
LEAGUE
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 "), and Padre Youth Football League
( "Lessee "), a nonprofit organization, acting through its duly authorized President of
Lessee.
WHEREAS, the City owns property described on the attached Exhibit A, which said
property is located in Corpus Christi, Nueces County, Texas, a portion of which will be
known as the "Premises ";
WHEREAS, the Lessee desires to use the Premises for program described on the
attached Exhibit A; and
WHEREAS, the City desires to allow Lessee to use the Premises for said program;
NOW, THEREFORE, the City 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 as described on the attached exhibit, beginning on day of City Council
approval, ( "Effective Date ") which is , unless sooner
terminated as set out herein. Upon Effective Date, this lease terminates the prior leases
between the parties for use of said Premises.
Section 2. Contact Person /Lease Administrator. For this Lease, the City's contact
person and lease administrator is the Director of Park and Recreation or designee
( "Director ").
Section 3. Premises and Improvements. City leases to Lessee the Premises, as
described and delineated in Exhibit B 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 operate the program described on Exhibit A
and must 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, and irrigation
—103— 1
systems, if any are present or installed on the Premises.
(C) Lessee must immediately report any vandalism to the Director, or designee,
and the Corpus Christi Police Department, Nueces County, Texas;
(D) Lessee shall ensure that parking is confined to on- street parking only, or
designated parking lots but no parking is to be allowed on grass;
(E) Lessee will provide normal, scheduled mowing of the Premises. Lessee will be
responsible for maintaining the fields as set out in 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;
(F) Lessee shall maintain the fields within the Premises boundary lines. Grass on
the fields must not exceed three (3) inches. Lessee must mow the 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 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) If Lessee utilizes goal posts on the Premises, Lessee shall maintain a secure
anchoring system on all goal posts used on the fields at Premises. Lessee
must repair any deficiency found in the anchoring system that impairs the safe
use of the anchoring system within forty -eight (48) hours after the need for
repair is or should have been discovered;
(H) Lessee is responsible to proper installation and use of all equipment and
improvements at Premises;
(I) Lessee must maintain First Aid kit on Premises;
(J) Lessee shall submit the attached Exhibit D, Standard of Maintenance to the
Director no later than January 31 of each year.
Section 5. Compliance with Maintenance Standards. The City Manager and the
Director, 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 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's invoice. Failure to pay the City's invoice for 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 for
Lessee's nonperformance of the maintenance.
Section 6. Sportsmanship Program. Lessee shall require that all of its coaches and at
least one family member of each youth participant shall complete a state or nationally
recognized, or Parks Director approved, parent and coach sportsmanship program.
—104—
2
Section 7. Assignment and Sublease. This Lease may not be, in whole or in part,
assigned, directly or indirectly, without the prior written consent of the City. This Lease
may be sublet only with the prior written consent of the Director. Requests to sublet the
premises must be submitted to the Director at least 30 days in advance.
Section 8. Securing /Anchoring of Goal Posts. Lessee acknowledges and covenants
that Lessee shall be responsible, during the term of this Lease, for maintaining the
anchoring system, as set out in Section 4 above. Any change, alteration, or modification to
the anchoring system during the term of this Lease must be submitted to Director, in
writing, prior to the change, alteration or modification being made.
Section 9. 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 10. Joint Use.
(A) City retains 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 Lessee's sport program purposes. Requests for scheduled organized
activities by other organizations will be reviewed for approval or denial by the
Director and Lessee.
(B) City retains the right to use or cross the Premises with utility lines and /or
easements. City may exercise these rights without compensation to Lessee
for damages to the Premises and /or any Improvements from installing,
maintaining, repairing, or removing the utility lines and /or easements. City
must use reasonable judgment in locating the utility lines and /or easements
to minimize damage to the Premises and /or its Improvements.
Section 11. Primary Purpose. Lessee must establish and maintain a recreational area
with the primary purpose being for the operation of a sports program described on
attached Exhibit A and for no other purpose without the Director's prior written approval.
Lessee's fundraising activities on Premises require Director's prior written approval.
Lessee's insurance must provide coverage in compliance with Section 19 for the type of
fundraising activity being proposed by Lessee.
Section 12. 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
—105— 3
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. At the termination or expiration of this Lease, all
permanent additions and alterations installed by Lessee at the Premises,
including but not limited to, fences, concession stands, goal posts and
bleachers, become property of the City without necessity of legal action.
Section 13. 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 14. 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 15. Advertising. The Director has the right to prohibit any advertising by
Lessee on Premises which impairs the reputation of the Premises or the City.
Section 16. Security. Lessee shall contract and pay for any and all security it requires
at the Premises during the term of this Lease.
Section 17. 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. The City Manager, or his designee, retains
the right to take such action as the United States may direct to enforce this non-
discrimination covenant.
Section 18. 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
—106— 4
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 19. Costs. Noncompliance with the terms herein may result in termination of
this Lease and repossession of the Premises and its Improvements by the City or its
agents. If the City undertakes legal action to enforce compliance or collect damages
resulting from noncompliance, Lessee must pay all of the City's court costs and ex-
penses, including reasonable attorneys' fees.
Section 20. Indemnity. Lessee, its officers, members, partners,
employees, representatives, agents, and licensees (collectively,
lndemnitors) covenant to fully indemnify, save, and hold
harmless the City, its 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 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's sports program; (2) the
exercise of rights under this Lease; (3) an act or omission,
negligence, or misconduct on the part of any persons having
involvement in, participation with, or business with the Premises,
Lessee, or the Lessee's sport program whether authorized with
the express or implied invitation or permission of Lessee
(collectively, Lessee's Invitees) entering upon the Premises or its
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 by Indemnitees or any them of any law, rule,
-107—
5
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 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 in all
actions based thereon with counsel satisfactory to lndemnitees,
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 21. 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 C, 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 22. No debts. Lessee shall not incur any debts nor obligations on the credit of
City during thee ter this Lease.
Section 23. Termination.
(A) The City Manager may immediately terminate this Lease for cause and
without penalty if the City Manager determines, in his sole discretion, that
Lessee is no longer fulfilling the primary purpose of the Lease as set out in
Exhibit A.
—108—
6
(B) In addition, the City Manager may immediately terminate this Lease for
cause and without penalty if he determines, in its sole discretion, that Lessee
is in violation of any Federal, State, or local government law, rule, regulation,
or ordinance.
(C) Additionally, if there is noncompliance with one or more of the provisions
contained herein, the Director may give Lessee written notice to cure or
begin curing the 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, the
City Manager may terminate this Lease for cause without penalty by
providing written notice of termination and listing one or more areas of
continued noncompliance.
(D) Either City Manager or Lessee may terminate this Lease without cause
without penalty by giving thirty (30) days written notice to the non - terminating
party.
Section 24. 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; or (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 Name and address on Exhibit A
Attn: Director of Park & Recreation
P. O. Box 9277
Corpus Christi, TX 78469 -9277
Either party may change the address to which notice is sent by using a method set out
above. Lessee will notify the City of an address change within thirty (30) days after the
address is changed.
Section 25. List of Current Officers and Board of Directors, and Bylaws. Lessee
must submit its current List of Officers and Board of Directors (List) to the Director by
each January 31 of each year of this Lease. The List must contain each person's title,
name, address, home phone, and office or fax phone, and email address. Lessee must
notify Director in writing immediately if there are any changes in the Officers or Board of
Directors. Lessee must provide Director with copy of the current Bylaws, and
immediately provide Director with any amendments to the Bylaws.
Section 26. Reporting. Lessee shall submit reports listing the number of youth and
teams registered by Lessee to play sports each year during the term of this Lease. The
reports must be submitted to the Director within two weeks after the start of Lessee's
season.
—109— 7
Section 27. Construction and Reconstruction Funds.
(A) If the City receives funds to construct or reconstruct Improvements at the
Premises, Lessee covenants to vacate the Premises, should the Director
deem it necessary, upon thirty (30) days written notice from the Director.
(B) Lessee has no action for damages against nor will be compensated by the
City for loss of use of the Premises and /or Improvements. The City has no
obligation to provide an alternate location for Lessee during the Improve-
ments construction or reconstruction period. The consideration for Lessee
relinquishing all rights to use the Premises and Improvements during the
construction or reconstruction period is the City's construction or recon-
struction of the Improvements for Lessee's benefit.
(C) Once construction or reconstruction of the Improvements is complete, the
Director will notify Lessee, in writing, of the date on which the Premises
and Improvements are once again available to Lessee.
(D) Lessee's term will not change nor increase if the City requests Lessee to
vacate the Premises as set out herein.
Section 28. 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 29. 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
—1 1 0—
8
default.
Section 30. Force Majeure. 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 sus-
pended during this period to the extent performance is reasonably affected.
Section 31. Publication. Lessee agrees to pay the cost of newspaper publication of
this Lease and related ordinance as required by the City Charter.
Section 32. 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 33. 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 un-
der 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, for it
is the definite intent of the parties to this Lease that every section, para-
graph, 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 unen-
forceable 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 34. 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 35. Entirety Clause. This Lease and the attached and incorporated exhibits
constitute the entire agreement between the City and Lessee for the purpose granted.
All other agreements, promises, representations, and understandings, oral or otherwise,
with reference to the subject matter hereof, unless contained in this Lease are expressly
revoked, except for the promulgation of future maintenance rules as contemplated in
Section 4 herein above, as the parties intend to provide for a complete understanding
within the provisions of this Lease and its exhibits of the terms, conditions, promises,
—111—
9
and covenants governing each party's performance hereunder and as relating to
Lessee's use of the Premises.
EXECUTED IN DUPLICATE, each of which shall be considered an original, on this
the day of , 2009.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
'Angel R. Escobar, City Manager
Approved as to legal form: EL, . 3, -cae)
By: °..uvi -k2 M
Lisa Aguilaq'»ssistant City Attorney
For City Att rney
LESSEE: PADRE YOUTH FOOTBALL LEAGUE
By:
President
Printed Name:
Date:
aLi
\JO /1n iQ Cie r/
STATE OF TEXAS '
COUNTY OF NUECES
instru ent was acknowled end before me one Jt , 2009, by
` � l , President of itarn ‘6.:o th 4ctton behalf of said organization.
DONNA I. DELEON
Notary Public
't1 t '€ STATE OF TEXAS
\,+tp.7i "s. My Comm. Exp. 08 -11 -2012
Notary Public, State of Texas
Printed name: t`l`L- 1�czs
Commission expires: Si t 12'c';
—112—
10
EXHIBIT A
Padre Youth Football League
Property Description: Fields number 2, 3, 4, 5, 16, and 17 in Bill Witt Park
Term: January 27, 2009 to January 31, 2010
Program to be operated by Lessee: Pop Warner youth football, ages 5 to 14
Notice Address for Lessee:
Padre Yout ootball League,
'1 0 E'I 't Cijr` t,
as t--(1-A4 •7s3yi7f-
—113—
11
EXHIBIT B
See attached Site map
—114—
12
Exhibit
-115-
Peaecn eu.wtrrras
Dawn we.
Now tn,�••
~no
obi gf Dart Dwrmflt .av �wD
NW
xmwb �a•� $
a a Park a4ge_.ravty.aan.a44
EXHIBIT C
INSURANCE REQUIREMENTS
LESSEE'S LIABILITY INSURANCE
A. Lessee must not commence work under this Lease until insurance required herein has been obtained and such
insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all
similar insurance required of the subcontractor has been obtained.
B. Lessee must furnish to the City's Risk Manager, (two) 2 copies of Certificates of Insurance, showing the following
minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an
additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30 -Day written notice of cancellation, non - renewal,
material change or termination is required on all
certificates.
Bodily Injury and Property Damage
Per occurrence / aggregate
Commercial General Liability including:
$1,000,000 COMBINED SINGLE LIMIT
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
C. In the event of accidents of any kind, Lessee must furnish the Risk Manager copies of all reports of any accidents
within 10 days of the accident.
II. ADDITIONAL REQUIREMENTS
A. Certificate of Insurance:
• The City of Corpus Christi must be named as an additional insured on the liability coverage, and a
blanket waiver of subrogation is required on all applicable policies.
• If your insurance company uses the standard ACORD form, the cancellation clause (bottom right)
must be amended by adding the wording "changed or" between "be" and "canceled ", and deleting the
words, "endeavor to ", and deleting the wording after "left ". ".In lieu of modification of the ACORD form,
separate policy endorsements addressing the same substantive requirements are mandatory.
• The name of the project must be listed under "Description of Operations ".
• At a minimum, a 30 -day written notice of cancellation, material change, non - renewal or termination is
required.
B. If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items
1.B (1) -(7), an authorized representative of the insurance company must include a letter specifically stating
whether items 1.B. (1) -(7) are included or excluded.
EXHIBIT D
STANDARD OF MAINTENANCE
SPORT FIELD LEASE CHECKLIST
Due January 31
SITE: INSPECTOR:
ADDRESS: Date:
Please fill out whatever pertains to your Sports league, please use comment box
below to describe your sports field if it's not listed.
All Leases Sport League will be expected to complete this self- inspection checklist form
annually. Due date will be January of the upcoming year.
Each league is responsible for their self inspection. If the inspection is not submitted to
the City of Corpus Christi Parks and Recreation Department, 1201 Leopard, Corpus
Christi, Texas 78401 by January 31 the League will be assessed a fee of $500.00 per
site and the City will do the inspection.
Check "NO" if repairs are not necessary; "YES" if repairs are necessary. A comment is
required for any "YES" answer.
PLAYING SURFACE: Baseball Field, Soccer Field, Football Field, Softball Playing
Field,
Yes No
[ ] [ ] 1. Maintenance equipment such as rakes, hoses, etc. are stored correctly.
[ ] [ ] 2. Litter and unsafe debris is picked up around the field and player /spectator
areas.
[ ] [ ] 3. The supply and location of waste cans are adequate.
[ ] [ ] 4. Sprinkler heads, drainage grates, valve boxes, etc. in the field are grade level
and /or do not have sharp edges or unsafe protrusions.
[ ] [ ] 5. Recurring accidents from players running into surrounding objects such as
fencing, light posts, bleachers,etc.
[ ] [ ] 6. Our facility complies with industry recommended field design specifications.
[ ] [ ] 7. Playing field is level
[ ] [ ] 8. Playing surface is safe. (no holes or unsteady surfaces)
COMMENTS
—117—
BASES AND ANCHORING: Baseball Field, Soccer Field, Football Field, Softball
Playing Field,
Yes No
[ ] [ ] 1. The bases or goal are installed according to the manufacturer's
requirement.
[ ] [ ] 2. The bases or goals are secure and safe.
COMMENTS
FENCING area around the following: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] [ ] 1. Fence posts are not loose and /or properly set in the ground.
[ ] [ ] 2. Fence posts are not on the inside of the playing area fence.
[ ] [ ] 3. Concrete footings are not exposed above ground.
[11] 4. Fencing is securely attached to the fence posts with no loose or broken ties.
[ ] [ ] 5. There are not unsafe gaps under fencing.
[ ] [ ] 6. Wire ends of chain link fencing are not exposed along the top.
[ ] [ ] 7. There are not damaged portions of fencing that are loose, sharp, protruding, or
unsafe.
[ ] [ ] 9. Gates are not left open during games.
[ ] [ ] 10. Backstops and goals not meet industry recommended specifications.
COMMENTS
TURF AREAS for the following: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] [ ] 1. There are not unsafe bare spots in turf with a hard soil surface
exposed.
[ ] [ ] 2. The surface is level.
[ ] [ ] 3. Soil is properly draining for safe running surface.
[ ] [ ] 4. Turf is uniform in texture, density, or height making an unsafe playing
surface.
[ ] [ ] 5. Turf irrigation is properly installed and working.
[ ] [ ] 6. Weeds are not present with thorns, bristles, or burrs.
—118—
7. Moles, gophers or other animals have not caused mounds or holes.
8. No hazardous ruts are present.
9. Permanent materials used to mark foul lines (Le., white boards or fire
hose) are not protruding from the surface.
COMMENTS
LIGHTING for the following areas: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] [ ] 1. The lighting was designed, installed and inspected by properly trained
engineers or technicians.
[ ] [ ] 2. There are burned out lights.
[ ] [ ] 3. The beam direction of the lights are properly adjusted.
[ ] [ ] 4. The lighting foot - candles meet industry recommended specifications.
COMMENTS
BLEACHERS for the following areas: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] [ ] 1. The nuts and bolts on the bleachers are not loose, missing, or protruding.
[ ] [ ] 2. The guard rails are not loose or missing.
[ ] [ ] 3. The plank or railing end caps are loose or missing.
[ ] [ ] 4. Wooden planks are not worn out or splintered.
[ ] [ ] 5. There are not hazardous protrusions or sharp edges.
COMMENTS
—119—
GENERAL SAFETY CONSIDERATIONS for the following areas: Baseball Field,
Soccer Field, Football Field, Softball Playing Field,
Yes No
[ ] [ ] 1. There are warning signs posted informing players or spectators of use
rules or hazardous conditions.
[ ] [ ] 2. There are public telephones available for emergency situations.
[ ] [ ] 3. Areas that are hazardous or under repair have been blocked off or
identified.
COMMENTS
—120—
Page 1 of 2
AN ORDINANCE
ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS
DESIGNEE, TO AMEND THE LEASE AGREEMENT WITH CORPUS
CHRISTI AND COASTAL BEND FOOTBALL LEAGUE, A NON - PROFIT
ORGANIZATION, FOR THE USE OF BOTSFORD PARK FOR ITS
FOOTBALL PROGRAM TO END IN JANUARY 2014; PROVIDING FOR
SEVERANCE; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI
TEXAS THAT
SECTION 1. The City Manager or his designee is authorized to amend the Lease
Agreement with Corpus Christi and Coastal Bend Football League, a non - profit
organization, for the use of Botsford Park for its football program to end in January
2014. A copy of the lease is on file 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. That upon written request of the Mayor or five Council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter Rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the day of February, 2009.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved: February 2, 2009
By:
Lisa Aguilar `J
Senior Assistant City Attorney
For City Attorney
Henry Garrett
Mayor
C: \DOCUME -1 Ueannie \LOCALS -1 \ Temp\ ORD- AmendLeD9 0Lis !IBendFootball- BotsfordPark.doc
Page 2 of 2
Corpus Christi, Texas
Day of , 2009
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: I /we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, 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
CADOCUME -1 \Jeannie \LOCALS -1 \ Temp\ ORD -Amend LelnastalBendFootball- BotsfordPark.doc
LEASE AGREEMENT
BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI AND COASTAL
BEND FOOTBALL LEAGUE
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"), and Corpus Christi and Coastal Bend Football
League ( "Lessee "), a nonprofit organization, acting through its duly authorized President of
Lessee.
WHEREAS, the City owns property described on the attached Exhibit A, which said
property is located in Corpus Christi, Nueces County, Texas, a portion of which will be
known as the "Premises",
WHEREAS, the Lessee desires to use the Premises for program described on the
attached Exhibit A; and
WHEREAS, the City desires to allow Lessee to use the Premises for said program;
NOW, THEREFORE, the City 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 as described on the attached exhibit, beginning on day of City Council
approval, ( "Effective Date ") which is , unless sooner
terminated as set out herein. Upon Effective Date, this lease terminates the prior leases
between the parties for use of said Premises.
Section 2. Contact Person /Lease Administrator. For this Lease, the City's contact
person and lease administrator is the Director of Park and Recreation or designee
( "Director ").
Section 3. Premises and Improvements. City leases to Lessee the Premises, as
described and delineated in Exhibit B 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 operate the program described on Exhibit A
and must 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, and irrigation
—123—
1
systems, if any are present or installed on the Premises.
(C) Lessee must immediately report any vandalism to the Director, or designee,
and the Corpus Christi Police Department, Nueces County, Texas;
(D) Lessee shall ensure that parking is confined to on- street parking only, or
designated parking lots but no parking is to be allowed on grass;
(E) Lessee will provide normal, scheduled mowing of the Premises. Lessee will be
responsible for maintaining the fields as set out in 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;
(F) Lessee shall maintain the fields within the Premises boundary lines. Grass on
the fields must not exceed three (3) inches. Lessee must mow the 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 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) If Lessee utilizes goal posts on the Premises, Lessee shall maintain a secure
anchoring system on all goal posts used on the fields at Premises. Lessee
must repair any deficiency found in the anchoring system that impairs the safe
use of the anchoring system within forty -eight (48) hours after the need for
repair is or should have been discovered;
(H) Lessee is responsible to proper installation and use of all equipment and
improvements at Premises;
(I) Lessee must maintain First Aid kit on Premises;
(J) Lessee shall submit the attached Exhibit D, Standard of Maintenance to the
Director no later than January 31 of each year.
Section 5. Compliance with Maintenance Standards. The City Manager and the
Director, 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 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's invoice. Failure to pay the City's invoice for 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 for
Lessee's nonperformance of the maintenance.
Section 6. Sportsmanship Program. Lessee shall require that all of its coaches and at
least one family member of each youth participant shall complete a state or nationally
recognized, or Parks Director approved, parent and coach sportsmanship program.
—124—
2
Section 7. Assignment and Sublease. This Lease may not be, in whole or in part,
assigned, directly or indirectly, without the prior written consent of the City. This Lease
may be sublet only with the prior written consent of the Director. Requests to sublet the
premises must be submitted to the Director at least 30 days in advance.
Section 8. Securing /Anchoring of Goal Posts. Lessee acknowledges and covenants
that Lessee shall be responsible, during the term of this Lease, for maintaining the
anchoring system, as set out in Section 4 above. Any change, alteration, or modification to
the anchoring system during the term of this Lease must be submitted to Director, in
writing, prior to the change, alteration or modification being made.
Section 9. 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 10. Joint Use.
(A) City retains 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 Lessee's sport program purposes. Requests for scheduled organized
activities by other organizations will be reviewed for approval or denial by the
Director and Lessee.
(B) City retains the right to use or cross the Premises with utility lines and /or
easements. City may exercise these rights without compensation to Lessee
for damages to the Premises and /or any Improvements from installing,
maintaining, repairing, or removing the utility lines and /or easements. City
must use reasonable judgment in locating the utility lines and /or easements
to minimize damage to the Premises and /or its Improvements.
Section 11. Primary Purpose. Lessee must establish and maintain a recreational area
with the primary purpose being for the operation of a sports program described on
attached Exhibit A and for no other purpose without the Director's prior written approval.
Lessee's fundraising activities on Premises require Director's prior written approval.
Lessee's insurance must provide coverage in compliance with Section 19 for the type of
fundraising activity being proposed by Lessee.
Section 12. 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
—125—
3
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. At the termination or expiration of this Lease, all permanent additions
and alterations installed by Lessee at the Premises, including but not limited to,
fences, concession stands, goal posts and bleachers, become property of the
City without necessity of legal action.
Section 13. 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 14. 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 15. Advertising. The Director has the right to prohibit any advertising by
Lessee on Premises which impairs the reputation of the Premises or the City.
Section 16. Security. Lessee shall contract and pay for any and all security it requires
at the Premises during the term of this Lease.
Section 17. 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. The City Manager, or his designee, retains
the right to take such action as the United States may direct to enforce this non-
discrimination covenant.
Section 18. 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
—126—
4
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 19. Costs. Noncompliance with the terms herein may result in termination of
this Lease and repossession of the Premises and its Improvements by the City or its
agents. If the City undertakes legal action to enforce compliance or collect damages
resulting from noncompliance, Lessee must pay all of the City's court costs and ex-
penses, including reasonable attorneys' fees.
Section 20. Indemnity. Lessee, its officers, members, partners,
employees, representatives, agents, and licensees (collectively,
Indemnitors) covenant to fully indemnify, save, and hold
harmless the City, its 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 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's sports program; (2) the
exercise of rights under this Lease; (3) an act or omission,
negligence, or misconduct on the part of any persons having
involvement in, participation with, or business with the Premises,
Lessee, or the Lessee's sport program whether authorized with
the express or implied invitation or permission of Lessee
(collectively, Lessee's Invitees) entering upon the Premises or its
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 by lndemnitees or any them of any law, rule,
—127— 5
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 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 in all
actions based thereon with counsel satisfactory to lndemnitees,
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 21. 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 C, 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 22. No debts. Lessee shall not incur any debts nor obligations on the credit of
City during the term o this Lease.
Section 23. Termination.
(A) The City Manager may immediately terminate this Lease for cause and
without penalty if the City Manager determines, in his sole discretion, that
Lessee is no longer fulfilling the primary purpose of the Lease as set out in
Exhibit A.
—128—
6
(B) In addition, the City Manager may immediately terminate this Lease for
cause and without penalty if he determines, in its sole discretion, that Lessee
is in violation of any Federal, State, or local government law, rule, regulation,
or ordinance.
(C) Additionally, if there is noncompliance with one or more of the provisions
contained herein, the Director may give Lessee written notice to cure or
begin curing the 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, the
City Manager may terminate this Lease for cause without penalty by
providing written notice of termination and listing one or more areas of
continued noncompliance.
(D) Either City Manager or Lessee may terminate this Lease without cause
without penalty by giving thirty (30) days written notice to the non - terminating
party.
Section 24. 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; or (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 Name and address on Exhibit A
Attn: Director of Park & Recreation
P. O. Box 9277
Corpus Christi, TX 78469 -9277
Either party may change the address to which notice is sent by using a method set out
above. Lessee will notify the City of an address change within thirty (30) days after the
address is changed.
Section 25. List of Current Officers and Board of Directors, and Bylaws. Lessee
must submit its current List of Officers and Board of Directors (List) to the Director by
each January 31 of each year of this Lease. The List must contain each person's title,
name, address, home phone, and office or fax phone, and email address. Lessee must
notify Director in writing immediately if there are any changes in the Officers or Board of
Directors. Lessee must provide Director with copy of the current Bylaws, and
immediately provide Director with any amendments to the Bylaws.
Section 26. Reporting. Lessee shall submit reports listing the number of youth and
teams registered by Lessee to play sports each year during the term of this Lease. The
reports must be submitted to the Director within two weeks after the start of Lessee's
season.
—129— 7
Section 27. Construction and Reconstruction Funds.
(A) If the City receives funds to construct or reconstruct Improvements at the
Premises, Lessee covenants to vacate the Premises, should the Director
deem it necessary, upon thirty (30) days written notice from the Director.
(B) Lessee has no action for damages against nor will be compensated by the
City for loss of use of the Premises and /or Improvements. The City has no
obligation to provide an alternate location for Lessee during the Improve-
ments construction or reconstruction period. The consideration for Lessee
relinquishing all rights to use the Premises and Improvements during the
construction or reconstruction period is the City's construction or recon-
struction of the Improvements for Lessee's benefit.
(C) Once construction or reconstruction of the Improvements is complete, the
Director will notify Lessee, in writing, of the date on which the Premises
and Improvements are once again available to Lessee.
(D) Lessee's term will not change nor increase if the City requests Lessee to
vacate the Premises as set out herein.
Section 28. 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 29. 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
—130—
8
default.
Section 30. Force Maleure. 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 sus-
pended during this period to the extent performance is reasonably affected.
Section 31. Publication. Lessee agrees to pay the cost of newspaper publication of
this Lease and related ordinance as required by the City Charter.
Section 32. 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 33. 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 un-
der 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, for it
is the definite intent of the parties to this Lease that every section, para-
graph, 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 unen-
forceable 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 34. 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 35. Entirety Clause. This Lease and the attached and incorporated exhibits
constitute the entire agreement between the City and Lessee for the purpose granted.
All other agreements, promises, representations, and understandings, oral or otherwise,
with reference to the subject matter hereof, unless contained in this Lease are expressly
revoked, except for the promulgation of future maintenance rules as contemplated in
Section 4 herein above, as the parties intend to provide for a complete understanding
within the provisions of this Lease and its exhibits of the terms, conditions, promises,
—131—
9
and covenants governing each party's performance hereunder and as relating to
Lessee's use of the Premises.
EXECUTED IN DUPLICATE, each of which shall be considered an original, on this
the day of 2009.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary 'Angel R. Escobar, City Manager
4d- F75
Approved as to legal form:
By: ..cni
Lisa Aguit , Assistant City Attorney
For City A orney
LESSEE: CORPJ.1S CHRISTI AND COASTAL BEND FOOTBALL LEAGUE
By:
President
Printed Name: (dci: L 1K?
Date: 1 I
STATE OF TEXAS '
COUNTY OF NUECES '
ent,was acknowledged before e on lv 2009, by
President of , ' i' • b Walf of said organization.
Notary Public, State of Texas
Printed name:
Commission expires:
811112012--
—132— 10
EXHIBIT A
Corpus Christi and Coastal Bend Football League
Property Description: Botsford Park
Term: January 27, 2009 to January 31, 2014
Program to be operated by Lessee: Youth football
Notice Address for Lessee:
Corpus Christi and Coastal Bend Football League
Attn: Felix Cornejo
5409 Hitching Post Lane
Corpus Christi, Texas
—133—
11
EXHIBIT B
See attached Site map
-134-
12
-135-
EXHIBIT C
INSURANCE REQUIREMENTS
LESSEE'S LIABILITY INSURANCE
A. Lessee must not commence work under this Lease until insurance required herein has been obtained and such
insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all
similar insurance required of the subcontractor has been obtained.
B. Lessee must furnish to the City's Risk Manager, (two) 2 copies of Certificates of Insurance, showing the following
minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an
additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30 -Day written notice of cancellation, non - renewal,
material change or termination is required on all
certificates.
Bodily Injury and Property Damage
Per occurrence / aggregate
Commercial General Liability including:
$1,000,000 COMBINED SINGLE LIMIT
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
C. In the event of accidents of any kind, Lessee must fu nish the Risk Manager copies of all reports of any accidents
within 10 days of the accident.
II. ADDITIONAL REQUIREMENTS
Certificate of Insurance:
• The City of Corpus Christi must be named as an additional insured on the liability coverage, and a
blanket waiver of subrogation is required on all applicable policies.
• If your insurance company uses the standard ACORD form, the cancellation clause (bottom right)
must be amended by adding the wording "changed or" between "be" and "canceled ", and deleting the
words, "endeavor to ", and deleting the wording after "left". ".In lieu of modification of the ACORD form,
separate policy endorsements addressing the same substantive requirements are mandatory.
• The name of the project must be listed under "Description of Operations ".
• At a minimum, a 30-day written notice of cancellation, material change, non - renewal or termination is
required.
B. If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items
1.B (1) -(7), an authorized representative of the insurance company must include a letter specifically stating
whether items 1.B. (1) -(7) are included or excluded.
-136-
13
EXHIBIT D
STANDARD OF MAINTENANCE
SPORT FIELD LEASE CHECKLIST
Due January 31
SITE: INSPECTOR:
ADDRESS: Date:
Please fill out whatever pertains to your Sports league, please use comment box
below to describe your sports field if it's not listed.
All Leases Sport League will be expected to complete this self- inspection checklist form
annually. Due date will be January of the upcoming year.
Each league is responsible for their self inspection. If the inspection is not submitted to
the City of Corpus Christi Parks and Recreation Department, 1201 Leopard, Corpus
Christi, Texas 78401 by January 31 the League will be assessed a fee of $500.00 per
site and the City will do the inspection.
Check "NO" if repairs are not necessary; "YES" if repairs are necessary. A comment is
required for any "YES" answer.
PLAYING SURFACE: Baseball Field, Soccer Field, Football Field, Softball Playing
Field,
Yes No
[ ] [ ] 1. Maintenance equipment such as rakes, hoses, etc. are stored correctly.
[ ] [ ] 2. Litter and unsafe debris is picked up around the field and player /spectator
areas.
[ ] [ ] 3. The supply and location of waste cans are adequate.
[ ] [ j 4. Sprinkler heads, drainage grates, valve boxes, etc. in the field are grade level
and /or do not have sharp edges or unsafe protrusions.
[ ] [ ] 5. Recurring accidents from players running into surrounding objects such as
fencing, light posts, bleachers,etc.
[ ] [ ] 6. Our facility complies with industry recommended field design specifications.
[ ] [ ] 7. Playing field is level
[ ] [ ] 8. Playing surface is safe. (no holes or unsteady surfaces)
COMMENTS
—137—
BASES AND ANCHORING: Baseball Field, Soccer Field, Football Field, Softball
Playing Field,
Yes No
11 [ ] 1. The bases or goal are installed according to the manufacturer's
requirement.
[ ] [ ] 2. The bases or goals are secure and safe.
COMMENTS
FENCING area around the following: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] [ ] 1. Fence posts are not loose and /or properly set in the ground.
[ ] [ ] 2. Fence posts are not on the inside of the playing area fence.
[ ] [ ] 3. Concrete footings are not exposed above ground.
[ ] [ ] 4. Fencing is securely attached to the fence posts with no loose or broken ties.
[ ] [ ] 5. There are not unsafe gaps under fencing.
[ ] [ ] 6. Wire ends of chain link fencing are not exposed along the top.
[ ] [ ] 7. There are not damaged portions of fencing that are loose, sharp, protruding, or
unsafe.
[ ] [ ] 9. Gates are not left open during games.
[ ] [ ] 10. Backstops and goals not meet industry recommended specifications.
COMMENTS
TURF AREAS for the following: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] [ ] 1. There are not unsafe bare spots in turf with a hard soil surface
exposed.
[ ] [ ] 2. The surface is level.
[ ] [ ] 3. Soil is properly draining for safe running surface.
[ ] [ ] 4. Turf is uniform in texture, density, or height making an unsafe playing
surface.
[ ] (] 5. Turf irrigation is properly installed and working.
[1(1 6. Weeds are not present with thorns, bristles, or burrs.
—138—
7. Moles, gophers or other animals have not caused mounds or holes.
8. No hazardous ruts are present.
9. Permanent materials used to mark foul lines (i.e., white boards or fire
hose) are not protruding from the surface.
COMMENTS
LIGHTING for the following areas: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] [ ] 1. The lighting was designed, installed and inspected by properly trained
engineers or technicians.
[ ] [ ] 2. There are burned out lights.
[ ] [ ] 3. The beam direction of the lights are properly adjusted.
[ ] [ ] 4. The lighting foot - candles meet industry recommended specifications.
COMMENTS
BLEACHERS for the following areas: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] [ 1 1. The nuts and bolts on the bleachers are not loose, missing, or protruding.
[ ] [ 1 2. The guard rails are not loose or missing.
[ ] [ ] 3. The plank or railing end caps are loose or missing.
[ ] [ ] 4. Wooden planks are not worn out or splintered.
[ ] [ ] 5. There are not hazardous protrusions or sharp edges.
COMMENTS
—139—
Page 1 of 2
AN ORDINANCE
ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS
DESIGNEE, TO AMEND THE LEASE AGREEMENT WITH CORPUS
CHRISTI SENIOR SOFTBALL ASSOCIATION, A NON - PROFIT
ORGANIZATION, FOR THE USE OF KIWANIS PARK FOR ITS
SOFTBALL PROGRAM TO END IN JANUARY 2011; PROVIDING FOR
SEVERANCE; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI
TEXAS THAT
SECTION 1. The City Manager or his designee is authorized to amend the Lease
Agreement with Corpus Christi Senior Softball Association, a non - profit organization, for
the use of Kiwanis Park for its baseball program to end in January 2011. A copy of the
lease is on file 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. That upon written request of the Mayor or five Council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter Rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the day of February, 2009.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved: February 2, 2009
By: $61-4--1-1 /4.04A-24
Lisa Aguilar I-)
Senior Assistant City Attorney
For City Attorney
Henry Garrett
Mayor
C: \DOCUME— \Jeannie \LOCALS -1 \ Temp\ ORD- AmendLeaseCCSoftballAssn- Kiwanispark.doc
-140-
Page 2 of 2
Corpus Christi, Texas
Day of , 2009
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: I /we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, 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
C: \DOCUME -1 Veannie \LOCALS -1\ Temp\ ORD- AmendLeaseCCSokballAssn- Kiwanispark.doc
—141—
LEASE AGREEMENT
BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI SENIOR
SOFTBALL ASSOCIATION
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 "), and Corpus Christi Senior Softball
Association ( "Lessee "), a nonprofit organization, acting through its duly authorized
President of Lessee.
WHEREAS, the City owns property described on the attached Exhibit A, which said
property is located in Corpus Christi, Nueces County, Texas, a portion of which will be
known as the "Premises",
WHEREAS, the Lessee desires to use the Premises for program described on the
attached Exhibit A; and
WHEREAS, the City desires to allow Lessee to use the Premises for said program;
NOW, THEREFORE, the City 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 as described on the attached exhibit, beginning on day of City Council
approval, ( "Effective Date ") which is , unless sooner
terminated as set out herein. Upon Effective Date, this lease terminates the prior leases
between the parties for use of said Premises.
Section 2. Contact Person /Lease Administrator. For this Lease, the City's contact
person and lease administrator is the Director of Park and Recreation or designee
(Director").
Section 3. Premises and Improvements. City leases to Lessee the Premises, as
described and delineated in Exhibit B 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 operate the program described on Exhibit A
and must 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, and irrigation
—142—
1
systems, if any are present or installed on the Premises.
(C) Lessee must immediately report any vandalism to the Director, or designee,
and the Corpus Christi Police Department, Nueces County, Texas;
(D) Lessee shall ensure that parking is confined to on- street parking only, or
designated parking lots but no parking is to be allowed on grass;
(E) Lessee will provide normal, scheduled mowing of the Premises. Lessee will be
responsible for maintaining the fields as set out in 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;
(F) Lessee shall maintain the fields within the Premises boundary lines. Grass on
the fields must not exceed three (3) inches. Lessee must mow the 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 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) If Lessee utilizes goal posts on the Premises, Lessee shall maintain a secure
anchoring system on all goal posts used on the fields at Premises. Lessee
must repair any deficiency found in the anchoring system that impairs the safe
use of the anchoring system within forty -eight (48) hours after the need for
repair is or should have been discovered;
(H) Lessee is responsible to proper installation and use of all equipment and
improvements at Premises;
(I) Lessee must maintain First Aid kit on Premises;
(J) Lessee shall submit the attached Exhibit D, Standard of Maintenance to the
Director no later than January 31 of each year.
Section 5. Compliance with Maintenance Standards. The City Manager and the
Director, 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 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's invoice. Failure to pay the City's invoice for 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 for
Lessee's nonperformance of the maintenance.
Section 6. Sportsmanship Program. Lessee shall require that all of its coaches and at
least one family member of each youth participant shall complete a state or nationally
recognized, or Parks Director approved, parent and coach sportsmanship program.
—143—
2
Section 7. Assignment and Sublease. This Lease may not be, in whole or in part,
assigned, directly or indirectly, without the prior written consent of the City. This Lease
may be sublet only with the prior written consent of the Director. Requests to sublet the
premises must be submitted to the Director at least 30 days in advance.
Section 8. Securing /Anchoring of Goal Posts. Lessee acknowledges and covenants
that Lessee shall be responsible, during the term of this Lease, for maintaining the
anchoring system, as set out in Section 4 above. Any change, alteration, or modification to
the anchoring system during the term of this Lease must be submitted to Director, in
writing, prior to the change, alteration or modification being made.
Section 9. 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 10. Joint Use.
(A) City retains 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 Lessee's sport program purposes. Requests for scheduled organized
activities by other organizations will be reviewed for approval or denial by the
Director and Lessee.
(B) City retains the right to use or cross the Premises with utility lines and /or
easements. City may exercise these rights without compensation to Lessee
for damages to the Premises and /or any Improvements from installing,
maintaining, repairing, or removing the utility lines and /or easements. City
must use reasonable judgment in locating the utility lines and /or easements
to minimize damage to the Premises and /or its Improvements.
Section 11. Primary Purpose. Lessee must establish and maintain a recreational area
with the primary purpose being for the operation of a sports program described on
attached Exhibit A and for no other purpose without the Director's prior written approval.
Lessee's fundraising activities on Premises require Director's prior written approval.
Lessee's insurance must provide coverage in compliance with Section 19 for the type of
fundraising activity being proposed by Lessee.
Section 12. 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
—144—
1
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. At the termination or expiration of this Lease, all
permanent additions and alterations installed by Lessee at the Premises,
including but not limited to, fences, concession stands, goal posts and
bleachers, become property of the City without necessity of legal action.
Section 13. 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 14. 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 15. Advertising. The Director has the right to prohibit any advertising by
Lessee on Premises which impairs the reputation of the Premises or the City.
Section 16. Security. Lessee shall contract and pay for any and all security it requires
at the Premises during the term of this Lease.
Section 17. 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. The City Manager, or his designee, retains
the right to take such action as the United States may direct to enforce this non-
discrimination covenant.
Section 18. 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
—145—
4
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 19. Costs. Noncompliance with the terms herein may result in termination of
this Lease and repossession of the Premises and its Improvements by the City or its
agents. If the City undertakes legal action to enforce compliance or collect damages
resulting from noncompliance, Lessee must pay all of the City's court costs and ex-
penses, including reasonable attorneys' fees.
Section 20. Indemnity. Lessee, its officers, members, partners,
employees, representatives, agents, and licensees (collectively,
Indemnitors) covenant to fully indemnify, save, and hold
harmless the City, its 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 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's sports program; (2) the
exercise of rights under this Lease; (3) an act or omission,
negligence, or misconduct on the part of any persons having
involvement in, participation with, or business with the Premises,
Lessee, or the Lessee's sport program whether authorized with
the express or implied invitation or permission of Lessee
(collectively, Lessee's Invitees) entering upon the Premises or its
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 by lndemnitees or any them of any law, rule,
—1 4 6—
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 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 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 21. 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 C, 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 22. No debts. Lessee shall not incur any debts nor obligations on the credit of
City during the to this Lease.
Section 23. Termination.
(A) The City Manager may immediately terminate this Lease for cause and
without penalty if the City Manager determines, in his sole discretion, that
Lessee is no longer fulfilling the primary purpose of the Lease as set out in
Exhibit A.
—147—
6
(8)
In addition, the City Manager may immediately terminate this Lease for
cause and without penalty if he determines, in its sole discretion, that Lessee
is in violation of any Federal, State, or local government law, rule, regulation,
or ordinance.
(C) Additionally, if there is noncompliance with one or more of the provisions
contained herein, the Director may give Lessee written notice to cure or
begin curing the 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, the
City Manager may terminate this Lease for cause without penalty by
providing written notice of termination and listing one or more areas of
continued noncompliance
(D) Either City Manager or Lessee may terminate this Lease without cause
without penalty by giving thirty (30) days written notice to the non - terminating
party.
Section 24. 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; or (2) by deposit with the United
States Postal Service as certified or registered mail, retum 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 Name and address on Exhibit A
Attn: Director of Park & Recreation
P. O. Box 9277
Corpus Christi, TX 78469 -9277
Either party may change the address to which notice is sent by using a method set out
above. Lessee will notify the City of an address change within thirty (30) days after the
address is changed.
Section 25. List of Current Officers and Board of Directors, and Bylaws. Lessee
must submit its current List of Officers and Board of Directors (List) to the Director by
each January 31 of each year of this Lease. The List must contain each person's title,
name, address, home phone, and office or fax phone, and email address. Lessee must
notify Director in writing immediately if there are any changes in the Officers or Board of
Directors. Lessee must provide Director with copy of the current Bylaws, and
immediately provide Director with any amendments to the Bylaws.
Section 26. Reporting. Lessee shall submit reports listing the number of youth and
teams registered by Lessee to play sports each year during the term of this Lease. The
reports must be submitted to the Director within two weeks after the start of Lessee's
season.
—148—
7
Section 27. Construction and Reconstruction Funds.
(A) If the City receives funds to construct or reconstruct Improvements at the
Premises, Lessee covenants to vacate the Premises, should the Director
deem it necessary, upon thirty (30) days written notice from the Director.
(B) Lessee has no action for damages against nor will be compensated by the
City for loss of use of the Premises and /or Improvements. The City has no
obligation to provide an alternate location for Lessee during the Improve-
ments construction or reconstruction period. The consideration for Lessee
relinquishing all rights to use the Premises and Improvements during the
construction or reconstruction period is the City's construction or recon-
struction of the Improvements for Lessee's benefit.
(C) Once construction or reconstruction of the Improvements is complete, the
Director will notify Lessee, in writing, of the date on which the Premises
and Improvements are once again available to Lessee.
(D) Lessee's term will not change nor increase if the City requests Lessee to
vacate the Premises as set out herein.
Section 28. 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 29. 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
—149— 8
default.
Section 30. Force Majeure. 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 sus-
pended during this period to the extent performance is reasonably affected.
Section 31. Publication. Lessee agrees to pay the cost of newspaper publication of
this Lease and related ordinance as required by the City Charter.
Section 32. Ca�tionnss. The captions in this Lease are for convenience only, are not a
part of this Lease, an do not in any way limit or amplify the terms and provisions of this
Lease.
Section 33. Severabilitv.
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 un-
der 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, for it
is the definite intent of the parties to this Lease that every section, para-
graph, 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 unen-
forceable 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 34. 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 35. Entirety Clause. This Lease and the attached and incorporated exhibits
constitute the entire agreement between the City and Lessee for the purpose granted.
All other agreements, promises, representations, and understandings, oral or otherwise,
with reference to the subject matter hereof, unless contained in this Lease are expressly
revoked, except for the promulgation of future maintenance rules as contemplated in
Section 4 herein above, as the parties intend to provide for a complete understanding
within the provisions of this Lease and its exhibits of the terms, conditions, promises,
—150—
0
and covenants governing each party's performance hereunder and as relating to
Lessee's use of the Premises.
EXECUTED IN DUPLICATE, each of which shall be considered an original, on this
the day of 2009.
ATTEST:
Armando Chapa, City Secretary
Approved//)) as to legal form:
By: t &tivi,
Lisa Aguilar,
For City Atto
•12/ .)Io4
CITY OF CORPUS CHRISTI
'Angel R. Escobar, City Manager
sistant City Attorney
y
LESSEE: CORPUS CHRISTI SENIOR SOFTBALL ASSOCIATION
By:
..c
aria
Presi
Printed Name: 172.9 -r: w t ( / e.iG t'Z
o/
Date: /is7 7
STATE OF TEXAS '
COUNTY OF NUECES '
This instrum
nt was acknowledge • befo e e on
President of
DONNA I.ry
Nota Public DELEON
STATE OF TEXAS
My Comm. Exp. 08 -11 -2012
, 2009, by
ehalf of said organization.
Notary Public, State of Texas
Printed name: NAT_ jkewww-'
Commission expires:
-151-
10
EXHIBIT A
Corpus Christi Senior Softball Association
Property Description: parcel of Kiwanis Park, as depicted on attached drawing
Term: January 27, 2009 to January 31, 2011
Program to be operated by Lessee: softball
Notice Address for Lessee:
Corpus Christi Senior Softball Association
Attn: President
1422 Maryland
Corpus Christi, Texas 78415
-152-
11
EXHIBIT B
See attached Site map
-153-
12
Exhibit
Klwanis Softball Complex
Lease & Ube Agreement
between CIty of Corpus Christi
and Corpus Christi Senior
Softball Association
'ToWat"AYE
LEGEND
-154-
EXHIBIT C
INSURANCE REQUIREMENTS
LESSEE'S LIABILITY INSURANCE
A. Lessee must not commence work under this Lease until insurance required herein has been obtained and such
insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all
similar insurance required of the subcontractor has been obtained.
B. Lessee must furnish to the City's Risk Manager, (two) 2 copies of Certificates of Insurance, showing the following
minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an
additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30 -Day written notice of cancellation, non - renewal,
material change or termination is required on all
certificates.
Bodily Injury and Property Damage
Per occurrence / aggregate
Commercial General Liability including:
$1,000,000 COMBINED SINGLE LIMIT
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
C. In the event of accidents of any kind, Lessee must furnish the Risk Manager copies of all reports of any accidents
within 10 days of the accident.
II. ADDITIONAL REQUIREMENTS
A. Certificate of Insurance:
• The City of Corpus Christi must be named as an additional insured on the liability coverage, and a
blanket waiver of subrogation is required on all applicable policies.
• If your insurance company uses the standard ACORD form, the cancellation clause (bottom right)
must be amended by adding the wording "changed or" between "be" and "canceled ", and deleting the
words, "endeavor to ", and deleting the wording after "left ". ".In lieu of modification of the ACORD form,
separate policy endorsements addressing the same substantive requirements are mandatory.
• The name of the project must be listed under "Description of Operations ".
• At a minimum, a 30-day written notice of cancellation, material change, non - renewal or termination is
required.
B. If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items
1.B (1) -(7), an authorized representative of the insurance company must include a letter specifically stating
whether items 1.B. (1) -(7) are included or excluded.
-155-
13
EXHIBIT D
STANDARD OF MAINTENANCE
SPORT FIELD LEASE CHECKLIST
Due January 31
SITE: INSPECTOR:
ADDRESS: Date:
Please fill out whatever pertains to your Sports league, please use comment box
below to describe your sports field if it's not listed.
All Leases Sport League will be expected to complete this self- inspection checklist form
annually. Due date will be January of the upcoming year.
Each league is responsible for their self inspection. If the inspection is not submitted to
the City of Corpus Christi Parks and Recreation Department, 1201 Leopard, Corpus
Christi, Texas 78401 by January 31 the League will be assessed a fee of $500.00 per
site and the City will do the inspection.
Check "NO" if repairs are not necessary; "YES" if repairs are necessary. A comment is
required for any "YES" answer.
PLAYING SURFACE: Baseball Field, Soccer Field, Football Field, Softball Playing
Field,
Yes No
[ ] [ ] 1. Maintenance equipment such as rakes, hoses, etc. are stored correctly.
[ ] [ ] 2. Litter and unsafe debris is picked up around the field and player /spectator
areas.
[ ] [ ] 3. The supply and location of waste cans are adequate.
[ ] [ ] 4. Sprinkler heads, drainage grates, valve boxes, etc. in the field are grade level
and /or do not have sharp edges or unsafe protrusions.
[ ] [ ] 5. Recurring accidents from players running into surrounding objects such as
fencing, light posts, bleachers,etc.
[ ] [ ] 6. Our facility complies with industry recommended field design specifications.
[ ] [ ] 7. Playing field is level
[ ] [ ] 8. Playing surface is safe. (no holes or unsteady surfaces)
COMMENTS
—156—
BASES AND ANCHORING: Baseball Field, Soccer Field, Football Field, Softball
Playing Field,
Yes No
[ ] [ ] 1. The bases or goal are installed according to the manufacturer's
requirement.
[ ] [ ] 2. The bases or goals are secure and safe.
COMMENTS
FENCING area around the following: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] [ ] 1. Fence posts are not loose and /or properly set in the ground.
[ ] [ ] 2. Fence posts are not on the inside of the playing area fence.
[ ] [ ] 3. Concrete footings are not exposed above ground.
[ ] [ ] 4. Fencing is securely attached to the fence posts with no loose or broken ties.
[ ] [ ] 5. There are not unsafe gaps under fencing.
[ ] [ ] 6. Wire ends of chain link fencing are not exposed along the top.
[ ] [ ] 7. There are not damaged portions of fencing that are loose, sharp, protruding, or
unsafe.
[ ] [ ] 9. Gates are not left open during games.
[ ] [ ] 10. Backstops and goals not meet industry recommended specifications.
COMMENTS
TURF AREAS for the following: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] [ ] 1. There are not unsafe bare spots in turf with a hard soil surface
exposed.
[ ] [ ] 2. The surface is level.
[ ] [ ] 3. Soil is properly draining for safe running surface.
[ ] [ ] 4. Turf is uniform in texture, density, or height making an unsafe playing
surface.
[ ] [ ] 5. Turf irrigation is properly installed and working.
[ ] [ ] 6. Weeds are not present with thorns, bristles, or burrs.
-157-
7. Moles, gophers or other animals have not caused mounds or holes
8. No hazardous ruts are present.
9. Permanent materials used to mark foul lines (Le., white boards or fire
hose) are not protruding from the surface.
COMMENTS
LIGHTING for the following areas: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] [ 1 1. The lighting was designed, installed and inspected by properly trained
engineers or technicians.
[ ] [ ] 2. There are burned out lights.
[ ] [ 1 3. The beam direction of the lights are properly adjusted.
[ ] [ ] 4. The lighting foot - candles meet industry recommended specifications.
COMMENTS
BLEACHERS for the following areas: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] [ ] 1. The nuts and bolts on the bleachers are not loose, missing, or protruding.
[1(1 2. The guard rails are not loose or missing.
[1 [ ] 3. The plank or railing end caps are loose or missing.
[ ] [ ] 4. Wooden planks are not worn out or splintered.
[ ] [ ] 5. There are not hazardous protrusions or sharp edges.
COMMENTS
—158—
Page 1 of 2
AN ORDINANCE
ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS
DESIGNEE, TO AMEND THE LEASE AGREEMENT WITH SOUTH
TEXAS ASSOCIATION FOR RADIO CONTROLLED AUTOMOBILE
RACING, A NON - PROFIT ORGANIZATION, FOR THE USE OF BILL
WITT PARK FOR ITS RADIO CONTROLLED CAR PROGRAM TO END
IN JANUARY 2014; PROVIDING FOR SEVERANCE; AND DECLARING
AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI
TEXAS THAT
SECTION 1. The City Manager or his designee is authorized to amend the Lease
Agreement with South Texas Association for Radio Controlled Automobile Racing, a
non - profit organization, for the use of Bill Witt Park for its radio controlled car program to
end in January 2014. A copy of the lease is on file 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. That upon written request of the Mayor or five Council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter Rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the day of February, 2009.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved: February 2, 2009
By: tz2 *.U-6„
Lisa Aguilar (.
Senior Assistant City Attorney
For City Attorney
Henry Garrett
Mayor
CIDOCUME -1 \Jeannie \LOCALS -1 \ Temp\ ORD- AmendLeaseStarcar- BillWittpark.doc
—159—
Page 2 of 2
Corpus Christi, Texas
Day of 2009
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: I /we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, 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
C:\D000ME -1 \Jeannie \LOCALS -1 \ Temp\ ORD- AmendLeaseStarcar- Billwittpark.doc
—160—
LEASE AGREEMENT
BETWEEN THE CITY OF CORPUS CHRISTI AND SOUTH TEXAS ASSOCIATION FOR
RADIO CONTROLLED AUTOMOBILE RACING, INC.
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 "), and South Texas Association for Radio
Controlled Automobile Racing, Inc. ( "Lessee "), a nonprofit corporation, acting through its
duly authorized President of Lessee.
WHEREAS, the City owns property described on the attached Exhibit A, which said
property is located in Corpus Christi, Nueces County, Texas, a portion of which will be
known as the "Premises";
WHEREAS, the Lessee desires to use the Premises for program described on the
attached Exhibit A; and
WHEREAS, the City desires to allow Lessee to use the Premises for said program;
NOW, THEREFORE, the City 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 as described on the attached exhibit, beginning on day of City Council
approval, ( "Effective Date ") which is unless sooner
terminated as set out herein. Upon Effective Date, this lease terminates the prior leases
between the parties for use of said Premises.
Section 2. Contact Person /Lease Administrator. For this Lease, the City's contact
person and lease administrator is the Director of Park and Recreation or designee
( "Director ").
Section 3. Premises and Improvements. City leases to Lessee the Premises, as
described and delineated in Exhibit B 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 operate the program described on Exhibit A
and must 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, and irrigation
—161—
1
systems, if any are present or installed on the Premises.
(C) Lessee must immediately report any vandalism to the Director, or designee,
and the Corpus Christi Police Department, Nueces County, Texas;
(D) Lessee shall ensure that parking is confined to on- street parking only, or
designated parking lots but no parking is to be allowed on grass;
(E) Lessee will provide normal, scheduled mowing of the Premises. Lessee will be
responsible for maintaining the fields as set out in 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;
(F) Lessee shall maintain the fields within the Premises boundary lines. Grass on
the fields must not exceed three (3) inches. Lessee must mow the 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 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) If Lessee utilizes goal posts on the Premises, Lessee shall maintain a secure
anchoring system on all goal posts used on the fields at Premises. Lessee
must repair any deficiency found in the anchoring system that impairs the safe
use of the anchoring system within forty -eight (48) hours after the need for
repair is or should have been discovered;
(H) Lessee is responsible to proper installation and use of all equipment and
improvements at Premises;
(I) Lessee must maintain First Aid kit on Premises;
(J) Lessee shall submit the attached Exhibit D, Standard of Maintenance to the
Director no later than January 31 of each year.
Section 5. Compliance with Maintenance Standards. The City Manager and the
Director, 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 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's invoice. Failure to pay the City's invoice for 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 for
Lessee's nonperformance of the maintenance.
Section 6. Sportsmanship Program. Lessee shall require that all of its coaches and at
least one family member of each youth participant shall complete a state or nationally
recognized, or Parks Director approved, parent and coach sportsmanship program.
—162—
2
Section 7. Assignment and Sublease. This Lease may not be, in whole or in part,
assigned, directly or indirectly, without the prior written consent of the City. This Lease
may be sublet only with the prior written consent of the Director. Requests to sublet the
premises must be submitted to the Director at least 30 days in advance.
Section 8. Securing /Anchoring of Goal Posts. Lessee acknowledges and covenants
that Lessee shall be responsible, during the term of this Lease, for maintaining the
anchoring system, as set out in Section 4 above. Any change, alteration, or modification to
the anchoring system during the term of this Lease must be submitted to Director, in
writing, prior to the change, alteration or modification being made.
Section 9. 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 10. Joint Use.
(A) City retains 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 Lessee's sport program purposes. Requests for scheduled organized
activities by other organizations will be reviewed for approval or denial by the
Director and Lessee.
(B) City retains the right to use or cross the Premises with utility lines and /or
easements. City may exercise these rights without compensation to Lessee
for damages to the Premises and /or any Improvements from installing,
maintaining, repairing, or removing the utility lines and /or easements. City
must use reasonable judgment in locating the utility lines and /or easements
to minimize damage to the Premises and /or its Improvements.
Section 11. Primary Purpose. Lessee must establish and maintain a recreational area
with the primary purpose being for the operation of a sports program described on
attached Exhibit A and for no other purpose without the Director's prior written approval.
Lessee's fundraising activities on Premises require Director's prior written approval.
Lessee's insurance must provide coverage in compliance with Section 19 for the type of
fundraising activity being proposed by Lessee.
Section 12. 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
-163-
3
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. At the termination or expiration of this Lease, all
permanent additions and alterations installed by Lessee at the Premises,
including but not limited to, fences, concession stands, goal posts and
bleachers, become property of the City without necessity of legal action.
Section 13. 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 14. 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 15. Advertising. The Director has the right to prohibit any advertising by
Lessee on Premises which impairs the reputation of the Premises or the City.
Section 16. Security. Lessee shall contract and pay for any and all security it requires
at the Premises during the term of this Lease.
Section 17. 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. The City Manager, or his designee, retains
the right to take such action as the United States may direct to enforce this non-
discrimination covenant.
Section 18. 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
—164— 4
(B)
at the Premises and its performance under this Lease. This Lease is also
subject to applicable provisions of the City Charter.
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 19. Costs. Noncompliance with the terms herein may result in termination of
this Lease and repossession of the Premises and its Improvements by the City or its
agents. If the City undertakes legal action to enforce compliance or collect damages
resulting from noncompliance, Lessee must pay all of the City's court costs and ex-
penses, including reasonable attorneys' fees.
Section 20. Indemnity. Lessee, its officers, members, partners,
employees, representatives, agents, and licensees (collectively,
lndemnitors) covenant to fully indemnify, save, and hold
harmless the City, its 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 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's sports program; (2) the
exercise of rights under this Lease; (3) an act or omission,
negligence, or misconduct on the part of any persons having
involvement in, participation with, or business with the Premises,
Lessee, or the Lessee's sport program whether authorized with
the express or implied invitation or permission of Lessee
(collectively, Lessee's Invitees) entering upon the Premises or its
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 by Indemnitees or any them of any law, rule,
—165—
5
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 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 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 21. 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 C, 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 22. No debts. Lessee shall not incur any debts nor obligations on the credit of
City during the term o this Lease.
Section 23. Termination.
(A) The City Manager may immediately terminate this Lease for cause and
without penalty if the City Manager determines, in his sole discretion, that
Lessee is no longer fulfilling the primary purpose of the Lease as set out in
Exhibit A.
-166-
6
(B) In addition, the City Manager may immediately terminate this Lease for
cause and without penalty if he determines, in its sole discretion, that Lessee
is in violation of any Federal, State, or local government law, rule, regulation,
or ordinance.
(C) Additionally, if there is noncompliance with one or more of the provisions
contained herein, the Director may give Lessee written notice to cure or
begin curing the 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, the
City Manager may terminate this Lease for cause without penalty by
providing written notice of termination and listing one or more areas of
continued noncompliance.
(D) Either City Manager or Lessee may terminate this Lease without cause
without penalty by giving thirty (30) days written notice to the non - terminating
party.
Section 24. 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; or (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 Name and address on Exhibit A
Attn: Director of Park & Recreation
P. 0. Box 9277
Corpus Christi, TX 78469 -9277
Either party may change the address to which notice is sent by using a method set out
above. Lessee will notify the City of an address change within thirty (30) days after the
address is changed.
Section 25. List of Current Officers and Board of Directors, and Bylaws. Lessee
must submit its current List of Officers and Board of Directors (List) to the Director by
each January 31 of each year of this Lease. The List must contain each person's title,
name, address, home phone, and office or fax phone, and email address. Lessee must
notify Director in writing immediately if there are any changes in the Officers or Board of
Directors. Lessee must provide Director with copy of the current Bylaws, and
immediately provide Director with any amendments to the Bylaws.
Section 26. Reporting. Lessee shall submit reports listing the number of youth and
teams registered by Lessee to play sports each year during the term of this Lease. The
reports must be submitted to the Director within two weeks after the start of Lessee's
season.
—167—
7
Section 27. Construction and Reconstruction Funds.
(A) If the City receives funds to construct or reconstruct Improvements at the
Premises, Lessee covenants to vacate the Premises, should the Director
deem it necessary, upon thirty (30) days written notice from the Director.
(B) Lessee has no action for damages against nor will be compensated by the
City for loss of use of the Premises and /or Improvements. The City has no
obligation to provide an alternate location for Lessee during the Improve-
ments construction or reconstruction period. The consideration for Lessee
relinquishing all rights to use the Premises and Improvements during the
construction or reconstruction period is the City's construction or recon-
struction of the Improvements for Lessee's benefit.
(C) Once construction or reconstruction of the Improvements is complete, the
Director will notify Lessee, in writing, of the date on which the Premises
and Improvements are once again available to Lessee.
(D) Lessee's term will not change nor increase if the City requests Lessee to
vacate the Premises as set out herein.
Section 28. 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 29. 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
—168—
8
default.
Section 30. Force Majeure. 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 sus-
pended during this period to the extent performance is reasonably affected.
Section 31. Publication. Lessee agrees to pay the cost of newspaper publication of
this Lease and related ordinance as required by the City Charter.
Section 32. 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 33. 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 un-
der 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, for it
is the definite intent of the parties to this Lease that every section, para-
graph, 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 unen-
forceable 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 34. 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 35. Entirety Clause. This Lease and the attached and incorporated exhibits
constitute the entire agreement between the City and Lessee for the purpose granted.
All other agreements, promises, representations, and understandings, oral or otherwise,
with reference to the subject matter hereof, unless contained in this Lease are expressly
revoked, except for the promulgation of future maintenance rules as contemplated in
Section 4 herein above, as the parties intend to provide for a complete understanding
within the provisions of this Lease and its exhibits of the terms, conditions, promises,
—169—
9
and covenants governing each party's performance hereunder and as relating to
Lessee's use of the Premises.
EXECUTED IN DUPLICATE, each of which shall be considered an original, on this
the day of , 2009.
ATTEST:
Armando Chapa, City Secretary
Approved as to legal form:
By: t.�.r. . L_,
Lisa Aguil ;� Assistant City Attorney
For City Attorney
LESSEE:
By:
President
CITY OF CORPUS CHRISTI
'Angel R. Escobar, City Manager
Printed Name: �� r
Date: -- 3-0T
STATE OF TEXAS '
COUNTY OF NUECES '
is instjument was acknowledged
, President of
•aAI
Notary Public, State of Texas
ore me on
4'
Pc g
l 3 12ooS
, 2009, by
, on behalf of said organization.
Printed name:
floc, 1 I\
Commission expires: g! t t 12_01 "Z___
—170—
10
EXHIBIT A
South Texas Association for Radio Controlled Automobile Racing
Property Description: Bill Witt Park
Term: January 27, 2009 to January 31, 2014
Program to be operated by Lessee: public, radio controlled race track
Notice Address for Lessee:
STARCAR, Inc.
Attn: President, c/o Cindy Daughtry
2030 Saratoga
Corpus Christi, Texas 78411
-171-
11
EXHIBIT B
See attached Site map
-172-
12
STATE OF TEXAS
COUNTY OF NUECES
8111 Witt Park
STARCAR Lease
BEING A 3.04 ACRE (132,557.7 SQ. FT.) TRACT OF LAND OUT 08 A 136.22 ACRE
TRACT, CONVEYED TO THE CITY OF CORPUS CHRISTI, TEXAS, COMMONLY KNOWN AS
BILL WITT PARK AND DESCRIBED TN DEED RECORDED 111 VOLUN6 1709, PAGE 95,
OF THE DEED RECORDS OP bunco •COUNTY, TEXAS, BEING OUT OF AND SITUATED
114 SECTION 21, OF THE FLOUR BLUFF & ENCINAL nabs 0 GARDEN TRACTS, A NAP
OF WHICH I8 RECORDED IN VOLUME A, PAGES 41 THRU 43, OF THE NAP RECORDS
OF NUECES COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED BY 'MITES AND
BOUNDS AS FOLLOWS;
COMMENCING at a Found 5/8" Iron Rod at the northerly comer of Lot 23, Block 13, Cimarron
Crossing, Unit 4 as recorded In Volume 59, Page 64 of the Map Records of Nueces County,
Texas;
THENCE, North 82'35'10" East through Bill Witt Park, a distance of 74.46 feet to a set 5/8" Iron
Rod with plastic cap stamped "City of Corpus Christi, Texas ", being the Point of Beginning and
the southeasterly corner of this tract;
THENCE, North 47 °19'00" West continuing through said Bill Witt Park, a distance of 400.73 feet to
a set 518" Iron Rod with plastic cap stamped "City of Corpus Christi, Texas ", being a southwesterly
comer of this tract;
THENCE, North 01°46'50" West continuing through said Bill Witt Park, a distance of 323.14 feet to
a set 5/8" Iron Rod with plastic cap stamped "City of Corpus Christi, Texas ", being a northwesterly
comer of this tract
THENCE, North 88 °13'10' East continuing through said Bill Witt Perk, a distance of 288.00 feet to
a set 5/8° Iron Rod with plastic cap stamped "City of Corpus Christi, Texas ", being .a northeasterly
comer of this tract;
THENCE, South 01° 46' 50" East, a distance of 803.83 feet to the POINT AND PLACE OF
BEGINNING end containing 3.04 acres of land.
Bearings are with reference to plat of Cimarron Crossing - Unit 4 as recorded in Volume 59, Page
64 of the Map Recoeds of Nueces County, Texas
State of Texas
County of Nueces
1, Russell Ochs, a Registered Professional Land Surveyor, hereby certify that the foregoing field
notes were prepared by me from a land survey made on � - nder my direction.
OF
60'. • o sTSq•.
This the 15Th day of April, 2004.
LA oat.
Russell D. Ochs
State of Texas License No. 5,241
—173—
e9 1 u•i 2- )
EXHIBIT C
INSURANCE REQUIREMENTS
LESSEE'S LIABILITY INSURANCE
A. Lessee must not commence work under this Lease until insurance required herein has been obtained and such
insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all
similar insurance required of the subcontractor has been obtained.
B. Lessee must furnish to the City's Risk Manager, (two) 2 copies of Certificates of Insurance, showing the following
minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an
additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30 -Day written notice of cancellation, non - renewal,
material change or termination is required on all
certificates.
Bodily Injury and Property Damage
Per occurrence / aggregate
Commercial General Liability including:
$1,000,000 COMBINED SINGLE LIMIT
1. Commercial Form
2. Premises - Operations
3. Products/ Completed Operations Hazard
4. Contractual Liability
5. Broad Form Property Damage
6. Independent Contractors
7. Personal lnjury
C. In the event of accidents of any kind, Lessee must fu nish the Risk Manager copies of all reports of any accidents
within 10 days of the accident.
II. ADDITIONAL REQUIREMENTS
A. Certificate.of Insurance:
• The City of Corpus Christi must be named as an additional insured on the liability coverage, and a
blanket waiver of subrogation is required on all applicable policies.
• If your insurance company uses the standard ACORD form, the cancellation clause (bottom right)
must be amended by adding the wording "changed or" between "be" and "canceled ", and deleting the
words, "endeavor to ", and deleting the wording after "left". ".In lieu of modification of the ACORD form,
separate policy endorsements addressing the same substantive requirements are mandatory.
• The name of the project must be listed under "Description of Operations ".
• At a minimum, a 30 -day written notice of cancellation, material change, non - renewal or termination is
required.
B. If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items
1.B (1) -(7), an authorized representative of the insurance company must include a letter specifically stating
whether items 1.B. (1) -(7) are included or excluded.
-175-
13
EXHIBIT D
STANDARD OF MAINTENANCE
SPORT FIELD LEASE CHECKLIST
Due January 31
SITE: INSPECTOR:
ADDRESS: Date:
Please fill out whatever pertains to your Sports league, please use comment box
below to describe your sports field if it's not listed.
All Leases Sport League will be expected to complete this self- inspection checklist form
annually. Due date will be January of the upcoming year.
Each league is responsible for their self inspection. If the inspection is not submitted to
the City of Corpus Christi Parks and Recreation Department, 1201 Leopard, Corpus
Christi, Texas 78401 by January 31 the League will be assessed a fee of $500.00 per
site and the City will do the inspection.
Check "NO" if repairs are not necessary; "YES" if repairs are necessary. A comment is
required for any "YES" answer.
PLAYING SURFACE: Baseball Field, Soccer Field, Football Field, Softball Playing
Field,
Yes No
[ j [ ] 1. Maintenance equipment such as rakes, hoses, etc. are stored correctly.
[ ] [ ] 2. Litter and unsafe debris is picked up around the field and player /spectator
areas.
[ ] [ ] 3. The supply and location of waste cans are adequate.
[ ] [ ] 4. Sprinkler heads, drainage grates, valve boxes, etc. in the field are grade level
and /or do not have sharp edges or unsafe protrusions.
[ ] [ ] 5. Recurring accidents from players running into surrounding objects such as
fencing, light posts, bleachers,etc.
[ ] [ ] 6. Our facility complies with industry recommended field design specifications.
[ ] [ ] 7. Playing field is level
[ ] [ ] 8. Playing surface is safe. (no holes or unsteady surfaces)
COMMENTS
—176—
BASES AND ANCHORING: Baseball Field, Soccer Field, Football Field, Softball
Playing Field,
Yes No
[ ] [ ] 1. The bases or goal are installed according to the manufacturer's
requirement.
[ ] [ ] 2. The bases or goals are secure and safe.
COMMENTS
FENCING area around the following: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] [ ] 1. Fence posts are not loose and /or properly set in the ground.
[ ] [ ] 2. Fence posts are not on the inside of the playing area fence.
[ ] [ ] 3. Concrete footings are not exposed above ground.
[ ] [ ] 4. Fencing is securely attached to the fence posts with no loose or broken ties.
[ ] [ ] 5. There are not unsafe gaps under fencing.
[ ] [ ] 6. Wire ends of chain link fencing are not exposed along the top.
[ ] [ ] 7. There are not damaged portions of fencing that are loose, sharp, protruding, or
unsafe.
[ ] [ ] 9. Gates are not left open during games.
[ ] [ ] 10. Backstops and goals not meet industry recommended specifications.
COMMENTS
TURF AREAS for the following: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] [ ] 1. There are not unsafe bare spots in turf with a hard soil surface
exposed.
[ ] [ ] 2. The surface is level.
[ ] [ ] 3. Soil is properly draining for safe running surface.
[ ] [ ] 4. Turf is uniform in texture, density, or height making an unsafe playing
surface.
[ ] [ ] 5. Turf irrigation is properly installed and working.
[ ] [ ] 6. Weeds are not present with thorns, bristles, or burrs.
-177-
7. Moles, gophers or other animals have not caused mounds or holes.
8. No hazardous ruts are present.
9. Permanent materials used to mark foul lines (i.e., white boards or fire
hose) are not protruding from the surface.
COMMENTS
LIGHTING for the following areas: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] [ ] 1. The lighting was designed, installed and inspected by properly trained
engineers or technicians.
[ ] [ 1 2. There are burned out lights.
[ ] [ ] 3. The beam direction of the lights are properly adjusted.
[ ] [ ] 4. The lighting foot - candles meet industry recommended specifications.
COMMENTS
BLEACHERS for the following areas: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] [ ] 1. The nuts and bolts on the bleachers are not loose, missing, or protruding.
[ ] [ ] 2. The guard rails are not loose or missing.
[ ] [ ] 3. The plank or railing end caps are loose or missing.
[ ] [ ] 4. Wooden planks are not worn out or splintered.
[ ] [ ] 5. There are not hazardous protrusions or sharp edges.
COMMENTS
—178—
Page 1 of 2
AN ORDINANCE
ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS
DESIGNEE, TO AMEND THE LEASE AGREEMENT WITH UNIVERSAL
LITTLE LEAGUE, A NON - PROFIT ORGANIZATION, FOR THE USE OF
GREENWOOD /HORNE ROAD YOUTH SPORTS COMPLEX FOR ITS
BASEBALL PROGRAM TO END IN JANUARY 2012; PROVIDING FOR
SEVERANCE; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI
TEXAS THAT
SECTION 1. The City Manager or his designee is authorized . to amend the Lease
Agreement with Universal Little League, a non - profit organization, for the use of
Greenwood /Horne Road Youth Sports Complex for its baseball program to end in
January 2012. A copy of the lease is on file 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. That upon written request of the Mayor or five Council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter Rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the day of February, 2009.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved: February 2, 2009
By: I1.'7-7
Lisa Aguilar 0
Senior Assistant City Attorney
For City Attorney
Henry Garrett
Mayor
C: \DOCUME -1 \Jeannie \LOCALS -1 \ Temp\ ORD- AmendLeas9l tixersalLittleLeague- GreenwoodHorne.doc
Page 2 of 2
Corpus Christi, Texas
Day of , 2009
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: I /we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, 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
C: \DOCUME -1 Ueannie \LOCALS -1 \ Temp\ ORD- AmendLeaseUniversalLittleLeague- GreenwoodHorne.doc
—180—
LEASE AGREEMENT
BETWEEN THE CITY OF CORPUS CHRISTI AND UNIVERSAL LITTLE LEAGUE
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 "), and Universal Little League ( "Lessee "), a
nonprofit organization, acting through its duly authorized President of Lessee.
WHEREAS, the City owns property described on the attached Exhibit A, which said
property is located in Corpus Christi, Nueces County, Texas, a portion of which will be
known as the "Premises";
WHEREAS, the Lessee desires to use the Premises for program described on the
attached Exhibit A; and
WHEREAS, the City desires to allow Lessee to use the Premises for said program;
NOW, THEREFORE, the City 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 as described on the attached exhibit, beginning on day of City Council
approval, ( "Effective Date ") which is , unless sooner
terminated as set out herein. Upon Effective Date, this lease terminates the prior leases
between the parties for use of said Premises.
Section 2. Contact Person /Lease Administrator. For this Lease, the City's contact
person and lease administrator is the Director of Park and Recreation or designee
( "Director ").
Section 3. Premises and Improvements. City leases to Lessee the Premises, as
described and delineated in Exhibit B 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 operate the program described on Exhibit A
and must 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, and irrigation
systems, if any are present or installed on the Premises.
—181—
1
(C) Lessee must immediately report any vandalism to the Director, or designee,
and the Corpus Christi Police Department, Nueces County, Texas;
(D) Lessee shall ensure that parking is confined to on- street parking only, or
designated parking lots but no parking is to be allowed on grass;
(E) Lessee will provide normal, scheduled mowing of the Premises. Lessee will be
responsible for maintaining the fields as set out in 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;
(F) Lessee shall maintain the fields within the Premises boundary lines. Grass on
the fields must not exceed three (3) inches. Lessee must mow the 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 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) If Lessee utilizes goal posts on the Premises, Lessee shall maintain a secure
anchoring system on all goal posts used on the fields at Premises. Lessee
must repair any deficiency found in the anchoring system that impairs the safe
use of the anchoring system within forty -eight (48) hours after the need for
repair is or should have been discovered;
(H) Lessee is responsible to proper installation and use of all equipment and
improvements at Premises;
(I) Lessee must maintain First Aid kit on Premises;
(J) Lessee shall submit the attached Exhibit D, Standard of Maintenance to the
Director no later than January 31 of each year.
Section 5. Compliance with Maintenance Standards. The City Manager and the
Director, 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 beirig properly carried out, the Director, or 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's invoice. Failure to pay the City's invoice for 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 for
Lessee's nonperformance of the maintenance.
Section 6. Sportsmanship Program. Lessee shall require that all of its coaches and at
least one family member of each youth participant shall complete a state or nationally
recognized, or Parks Director approved, parent and coach sportsmanship program.
—182—
2
Section 7. Assignment and Sublease. This Lease may not be, in whole or in part,
assigned, directly or indirectly, without the prior written consent of the City. This Lease
may be sublet only with the prior written consent of the Director. Requests to sublet the
premises must be submitted to the Director at least 30 days in advance
Section 8. Securing /Anchoring of Goal Posts. Lessee acknowledges and covenants
that Lessee shall be responsible, during the term of this Lease, for maintaining the
anchoring system, as set out in Section 4 above. Any change, alteration, or modification to
the anchoring system during the term of this Lease must be submitted to Director, in
writing, prior to the change, alteration or modification being made.
Section 9. 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 10. Joint Use.
(A) City retains 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 Lessee's sport program purposes. Requests for scheduled organized
activities by other organizations will be reviewed for approval or denial by the
Director and Lessee.
(B) City retains the right to use or cross the Premises with utility lines and /or
easements. City may exercise these rights without compensation to Lessee
for damages to the Premises and /or any Improvements from installing,
maintaining, repairing, or removing the utility lines and /or easements. City
must use reasonable judgment in locating the utility lines and /or easements
to minimize damage to the Premises and /or its Improvements.
Section 11. Primary Purpose. Lessee must establish and maintain a recreational area
with the primary purpose being for the operation of a sports program described on
attached Exhibit A and for no other purpose without the Director's prior written approval.
Lessee's fundraising activities on Premises require Director's prior written approval.
Lessee's insurance must provide coverage in compliance with Section 19 for the type of
fundraising activity being proposed by Lessee.
Section 12. 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
—183—
3
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. At the termination or expiration of this Lease, all
permanent additions and alterations installed by Lessee at the Premises,
including but not limited to, fences, concession stands, goal posts and
bleachers, become property of the City without necessity of legal action.
Section 13. 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 14. 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 15. Advertising. The Director has the right to prohibit any advertising by
Lessee on Premises which impairs the reputation of the Premises or the City.
Section 16. Security. Lessee shall contract and pay for any and all security it requires
at the Premises during the term of this Lease.
Section 17. 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. The City Manager, or his designee, retains
the right to take such action as the United States may direct to enforce this non-
discrimination covenant.
Section 18. 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.
—184—
4
(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 19. Costs. Noncompliance with the terms herein may result in termination of
this Lease and repossession of the Premises and its Improvements by the City or its
agents. If the City undertakes legal action to enforce compliance or collect damages
resulting from noncompliance, Lessee must pay all of the City's court costs and ex-
penses, including reasonable attorneys' fees.
Section 20. Indemnity. Lessee, its officers, members, partners,
employees, representatives, agents, and licensees (collectively,
Indemnitors) covenant to fully indemnify, save, and hold
harmless the City, its 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 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's sports program; (2) the
exercise of rights under this Lease; (3) an act or omission,
negligence, or misconduct on the part of any persons having
involvement in, participation with, or business with the Premises,
Lessee, or the Lessee's sport program whether authorized with
the express or implied invitation or permission of Lessee
(collectively, Lessee's Invitees) entering upon the Premises or its
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 by lndemnitees or any them of any law, rule,
regulation, ordinance, or government order of any kind; and
5
—185—
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 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 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 21. 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 C, 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 22. No debts. Lessee shall not incur any debts nor obligations on the credit of
City during thgleiro this Lease.
Section 23. Termination.
(A) The City Manager may immediately terminate this Lease for cause and
without penalty if the City Manager determines, in his sole discretion, that
Lessee is no longer fulfilling the primary purpose of the Lease as set out in
Exhibit A.
—186—
6
(B) In addition, the City Manager may immediately terminate this Lease for
cause and without penalty if he determines, in its sole discretion, that Lessee
is in violation of any Federal, State, or local government law, rule, regulation,
or ordinance.
(C) Additionally, if there is noncompliance with one or more of the provisions
contained herein, the Director may give Lessee written notice to cure or
begin curing the 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, the
City Manager may terminate this Lease for cause without penalty by
providing written notice of termination and listing one or more areas of
continued noncompliance.
(D) Either City Manager or Lessee may terminate this Lease without cause
without penalty by giving thirty (30) days written notice to the non - terminating
party.
Section 24. 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; or (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 Name and address on Exhibit A
Attn: Director of Park & Recreation
P. 0. Box 9277
Corpus Christi, TX 78469 -9277
Either party may change the address to which notice is sent by using a method set out
above. Lessee will notify the City of an address change within thirty (30) days after the
address is changed.
Section 25. List of Current Officers and Board of Directors, and Bylaws. Lessee
must submit its current List of Officers and Board of Directors (List) to the Director by
each January 31 of each year of this Lease. The List must contain each person's title,
name, address, home phone, and office or fax phone, and email address. Lessee must
notify Director in writing immediately if there are any changes in the Officers or Board of
Directors. Lessee must provide Director with copy of the current Bylaws, and
immediately provide Director with any amendments to the Bylaws.
Section 26. Reporting. Lessee shall submit reports listing the number of youth and
teams registered by Lessee to play sports each year during the term of this Lease. The
reports must be submitted to the Director within two weeks after the start of Lessee's
season.
—187—
7
Section 27. Construction and Reconstruction Funds.
(A) If the City receives funds to construct or reconstruct Improvements at the
Premises, Lessee covenants to vacate the Premises, should the Director
deem it necessary, upon thirty (30) days written notice from the Director.
(B) Lessee has no action for damages against nor will be compensated by the
City for loss of use of the Premises and /or Improvements. The City has no
obligation to provide an alternate location for Lessee during the Improve-
ments construction or reconstruction period. The consideration for Lessee
relinquishing all rights to use the Premises and Improvements during the
construction or reconstruction period is the City's construction or recon-
struction of the Improvements for Lessee's benefit.
(C) Once construction or reconstruction of the Improvements is complete, the
Director will notify Lessee, in writing, of the date on which the Premises
and Improvements are once again available to Lessee.
(D) Lessee's term will not change nor increase if the City requests Lessee to
vacate the Premises as set out herein.
Section 28. 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 29. 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
—188—
8
default.
Section 30. 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 sus-
pended during this period to the extent performance is reasonably affected.
Section 31. Publication. Lessee agrees to pay the cost of newspaper publication of
this Lease and related ordinance as required by the City Charter.
Section 32. 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 33. 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 un-
der 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 topersons or circumstances other than those as to which
it is held illegal, invalid, or unenforceable, will not be affected thereby, for it
is the definite intent of the parties to this Lease that every section, para-
graph, 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 unen-
forceable 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 34. 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 35. Landfill regulations. Lessee acknowledges that it has read and agrees to
the provisions in the attached Exhibit, Notice of Prior Use, which contains additional
provisions regarding development over closed landfill.
—189—
9
Section 36. Entirety Clause. This Lease and the attached and incorporated exhibits
constitute the entire agreement between the City and Lessee for the purpose granted.
All other agreements, promises, representations, and understandings, oral or otherwise,
with reference to the subject matter hereof, unless contained in this Lease are expressly
revoked, except for the promulgation of future maintenance rules as contemplated in
Section 4 herein above, as the parties intend to provide for a complete understanding
within the provisions of this Lease and its exhibits of the terms, conditions, promises,
and covenants governing each party's performance hereunder and as relating to
Lessee's use of the Premises.
EXECUTED IN DUPLICATE, each of which shall be considered an original, on this
the day of , 2009.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Approved as to legal form: /h
By: it4n Lisa Aguil 'Assistant City Attorney
For City Attorney
'Angel R. Escobar, City Manager
LESSEE: Universal Little League
By: 27?e- .4-4
President
Printed Name: 44 ses L t7 6a Jr
Date: /// V d 5
STATE OF TEXAS '
COUNTY OF NUECES '
is instru ent was acknowledged before m2 o , 2009, by
, President of ,A. fSP.Q on • - alf of said organization.
Notary Public, State of Texas
Printed name: f c &Os°
Commission expires: � f i t 2.01 2-
—190—
10
EXHIBIT A
Universal Little League
Property Description: Tract or parcel of land at Greenwood /Horne Youth Sports
complex
Term: January 27, 2009 to January 31, 2012
Program to be operated by Lessee: youth baseball
Notice Address for Lessee:
Universal Little League
Attn: President
4035 Greenwood Drive
Corpus Christi, Texas 78416
—191—
11
EXHIBIT B
See attached Site map
-192-
12
-193-
EXHIBIT C
INSURANCE REQUIREMENTS
LESSEE'S LIABILITY INSURANCE
A. Lessee must not commence work under this Lease until insurance required herein has been obtained and such
insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all
similar insurance required of the subcontractor has been obtained.
B. Lessee must furnish to the City's Risk Manager, (two) 2 copies of Certificates of Insurance, showing the following
minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an
additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30 -Day written notice of cancellation, non - renewal,
material change or termination is required on all
certificates.
Bodily Injury and Property Damage
Per occurrence / aggregate
Commercial General Liability including:
$1,000,000 COMBINED SINGLE LIMIT
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
C. In the event of accidents of any kind, Lessee must fu nish the Risk Manager copies of all reports of any accidents
within 10 days of the accident.
11. ADDITIONAL REQUIREMENTS
A. Certificate of Insurance:
• The City of Corpus Christi must be named as an additional insured on the liability coverage, and a
blanket waiver of subrogation is required on all applicable policies.
• If your insurance company uses the standard ACORD form, the cancellation clause (bottom right)
must be amended by adding the wording "changed or" between "be" and "canceled ", and deleting the
words, "endeavor to ", and deleting the wording after "left". ".In lieu of modification of the ACORD form,
separate policy endorsements addressing the same substantive requirements are mandatory.
• The name of the project must be listed under "Description of Operations ".
• At a minimum, a 30 -day written notice of cancellation, material change, non - renewal or termination is
required.
B. If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items
1.B (1) -(7), an authorized representative of the insurance company must include a letter specifically stating
whether items 1.B. (1) -(7) are included or excluded.
-194-
13
EXHIBIT D
STANDARD OF MAINTENANCE
SPORT FIELD LEASE CHECKLIST
Due January 31
SITE: INSPECTOR:
ADDRESS: Date:
Please fill out whatever pertains to your Sports league, please use comment box
below to describe your sports field if it's not listed.
All Leases Sport League will be expected to complete this self- inspection checklist form
annually. Due date will be January of the upcoming year.
Each league is responsible for their self inspection. If the inspection is not submitted to
the City of Corpus Christi Parks and Recreation Department, 1201 Leopard, Corpus
Christi, Texas 78401 by January 31 the League will be assessed a fee of $500.00 per
site and the City will do the inspection.
Check "NO" if repairs are not necessary; "YES" if repairs are necessary. A comment is
required for any "YES" answer.
PLAYING SURFACE: Baseball Field, Soccer Field, Football Field, Softball Playing
Field,
Yes No
[ ] [ ] 1. Maintenance equipment such as rakes, hoses, etc. are stored correctly.
[ ] [ ] 2. Litter and unsafe debris is picked up around the field and player /spectator
areas.
[ ] [ ] 3. The supply and location of waste cans are adequate.
[ ] [ ] 4. Sprinkler heads, drainage grates, valve boxes, etc. in the field are grade level
and /or do not have sharp edges or unsafe protrusions.
[ ] [ ] 5. Recurring accidents from players running into surrounding objects such as
fencing, light posts, bleachers,etc.
[ ] [ ] 6. Our facility complies with industry recommended field design specifications.
[ ] [ ] 7. Playing field is level
[ ] [ ] 8. Playing surface is safe. (no holes or unsteady surfaces)
COMMENTS
—195—
BASES AND ANCHORING: Baseball Field, Soccer Field, Football Field, Softball
Playing Field,
Yes No
[ ] [ ] 1. The bases or goal are installed according to the manufacturer's
requirement.
[ ] [ ] 2. The bases or goals are secure and safe.
COMMENTS
FENCING area around the following: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] [ ] 1. Fence posts are not loose and /or properly set in the ground.
[ ] [ ] 2. Fence posts are not on the inside of the playing area fence.
[ ] [ ] 3. Concrete footings are not exposed above ground.
[ ] [ ] 4. Fencing is securely attached to the fence posts with no loose or broken ties.
[ ] [ ] 5. There are not unsafe gaps under fencing.
[ ] [ ] 6. Wire ends of chain link fencing are not exposed along the top.
[ ] [ ] 7. There are not damaged portions of fencing that are loose, sharp, protruding, or
unsafe.
[ ] [ ] 9. Gates are not left open during games.
[ ] [ ] 10. Backstops and goals not meet industry recommended specifications.
COMMENTS
TURF AREAS for the following: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[11] 1. There are not unsafe bare spots in turf with a hard soil surface
exposed.
[ ] [ ] 2. The surface is level.
[ ] [ ] 3. Soil is properly draining for safe running surface.
[ ] [ ] 4. Turf is uniform in texture, density, or height making an unsafe playing
surface.
[ ] [ ] 5. Turf irrigation is properly installed and working.
[ ] [ ] 6. Weeds are not present with thorns, bristles, or burrs.
—196—
7. Moles, gophers or other animals have not caused mounds or holes.
8. No hazardous ruts are present.
9. Permanent materials used to mark foul lines (Le., white boards or fire
hose) are not protruding from the surface.
COMMENTS
LIGHTING for the following areas: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] [ ] 1. The lighting was designed, installed and inspected by properly trained
engineers or technicians.
[ ] [ ] 2. There are burned out lights.
[ ] [ ] 3. The beam direction of the lights are properly adjusted.
[ 1 [ ] 4. The lighting foot - candles meet industry recommended specifications.
COMMENTS
BLEACHERS for the following areas: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] [ ] 1. The nuts and bolts on the bleachers are not loose, missing, or protruding.
[ ] [ ] 2. The guard rails are not loose or missing.
[ ] [ ] 3. The plank or railing end caps are loose or missing.
[ ] [ ] 4. Wooden planks are not worn out or splintered.
[ ] [ ] 5. There are not hazardous protrusions or sharp edges.
COMMENTS
—197—
TITLE 30
PART 1
QUALITY
CHAPTER 330
SUBCHAPTER T
TEXAS ADMINISTRATIVE CODE
Environment Quality
TEXAS COMMISSION ON ENVIRONEMENTAL
Municipal Solid Waste
Use of Land over Closed Municipal Solid Waste Landfills
Rule 330.951 Definitions.
Unless otherwise noted, all terms contained in this section are defined by their plain
meaning. This section contains definitions that are applicable only to this subchapter and
that supersede definitions in §330.3 of this title (relating to Definitions) where those
terms appear in this subchapter. As used in this subchapter, words in the singular include
the plural and words in the plural include the singular. The following words and terms,
when used in this subchapter, have the following meanings.
(I) Alteration - -Minor changes and standard redesign activities common in residential
and commercial structures, such as moving walls and doors, that will not affect the
foundation or increase the horizontal extent of the foundation.
(2) Authorization - -A written approval issued by the executive director that, by its
conditions, may allow the disturbance of the integrity of the final cover.
(3) Closed municipal solid waste landfill - -A permitted or previously permitted
municipal solid waste landfill, a municipal solid waste landfill which has never been
permitted, or a dumping area as defined in this section, which stopped receiving waste
and completed the closure activities.
(4) Closure plan- -A plan addressing the placement of a final cap on a closed municipal
solid waste landfill where waste is exposed or the existing cap is inadequate.
(5) Construction - -The inception of an activity that provides improvements necessary for
the utilization of an enclosed structure.
(6) Develop and/or development - -Any activity on or related to real property that is
intended to lead to the construction or alteration of an enclosed structure for the use
and/or occupation of people for an industrial, commercial, or public purpose or to the
construction of residences for three or more families, including subdivisions that will
include single - family homes and duplexes.
(7) Development permit - -A written permit issued by the executive director that, by its
conditions, may authorize a person or persons to develop an enclosed structure over a
closed municipal solid waste landfill unit. The development permit does not supersede
local building and development permits, but is an additional permit.
(8) Dumping area - -An non - permitted area of land or an excavation with unknown
boundaries or which have had the boundaries determined through subsequent
investigation that has received only municipal solid waste or municipal solid waste
combined with other solid wastes, including but not limited to, construction/demolition
waste, commercial solid waste, nonhazardous sludge, conditionally exempt small -
quantity generator hazardous waste, and industrial solid waste, and that is not a land
—198—
treatment unit, surface impoundment, injection well, or waste pile as those terms are
defined in §330.3 of this title (relating to Definitions).
(9) Enclosed structure or structure - -Any permanent structure that is intended to be or
has the potential of being used or occupied by people for an industrial, commercial,
public, or residential purpose.
(10) Essential improvements - -All improvements and appurtenances including, but not
limited to, the excavations for the structure, installation of utilities, on -site wastewater
disposal facilities, grading and drainage improvements, access drives and parking lots,
foundation, security, fencing, landscape plantings, and irrigation systems necessary for
the utilization of an enclosed structure.
(11) Existing structure- -Any enclosed structure that began development prior to
September 1, 1993.
(12) Permitted development - -An enclosed structure or group of enclosed structures that
have been issued a development permit.
(13) Post - closure care- -The period of time beginning with the professional engineer
certification of completing final closure activities as accepted by the executive director in
accordance with § §330.453(f), 330.455(c), or 330.457(f)(5) of this title (relating to
Closure and Post - Closure) and ending with the professional engineer certification of
completion of post - closure care maintenance as accepted by the executive director in
accordance with §330.463 of this title (relating to Post - Closure Care Requirements).
Monitoring and maintenance activities are required during the post - closure care period in
accordance with §330.463 of this title.
(14) Post - closure care landfills - -A municipal solid waste landfill facility that has
received a municipal solid waste permit under §330.7 of this title (relating to Permit
Required) and is currently in the post - closure care period as defined in this section.
(15) Registration - -A document issued by the executive director regarding submitted
information for an existing enclosed structure built over a closed municipal solid waste
landfill unit that does not require a development permit.
(16) Site operating plan- -A prepared document that provides guidance for operations
and procedures necessary to maintain human safety and environmental protection at the
development, permitted development, or existing structure in a manner consistent with
the development permit and the commission's regulations.
(17) Structures gas monitoring plan- -A document prepared by a licensed professional
engineer that provides procedures to ensure the detection of landfill gases and the
prevention of migration of landfill gases into enclosed structures.
Rule 330.952. Applicability and Exemptions.
(a) Applicability. The requirements in this subchapter apply to:
(I) persons owning, leasing, or developing property overlying a closed municipal solid
waste landfill as defined by §330.951 of this title (relating to Definitions), except as noted
in subsection (b) of this section; and
(2) persons developing a tract of land greater than one acre, except as noted in
subsection (b) of this section;
2
—1 9 9—
(b) Exemptions. The following persons shall be exempt from certain requirements of this
subchapter.
(1) An owner of property constructing a single - family or double - family home, other
than a developer of a housing subdivision, shall be exempt from §330.953 of this title
(relating to Soil Test Required before Development), §330.954 of this title (relating to
Development Permit, Development Authorization, and Registration Requirements,
Procedures, and Processing), and §330.961 of this title (relating to Operational
Requirements for an Enclosed Structure Over a Closed Municipal Solid Waste Landfill
Unit or a Municipal Solid Waste Landfill in Post - Closure Care).
(2) An owner of an existing structure built over a closed municipal solid waste landfill
unit and that is a single - family or double - family home shall be exempt from §330.954 of
this title and/or §330.959 of this title (relating to Contents of Registration Application for
an Existing Structure Built Over a Closed Municipal Solid Waste Landfill Unit) and
§330.961 of this title
Rule 330.953 Soil Test Required before Development.
a) A person may not undertake the development of a tract of land that is greater than one
acre in area unless the person conducts a soil test prior to or during development and
construction. The soil test is intended to determine if a landfill exists on the property
planned for development.
(b) A soil test under this section shall be conducted by a licensed professional engineer.
(c) The licensed professional engineer must choose one of the following tests.
(1) Test I. The licensed engineer shall observe all subsurface disturbances, undertaken
for whatever reason, during development through the completion of the foundation. A
subsurface investigation prior to construction is not required by Test I.
(2) Test II. A subsurface investigation undertaken for the purpose of finding a closed
municipal solid waste Landfill unit. The investigation must incorporate a sufficient
number of borings or excavations, the number of which shall be determined on a site -
specific basis by the licensed professional engineer. Each boring or excavation shall be to
a minimum depth of ten feet.
(3) Test III. A subsurface investigation conducted at the development site for
geotechnical or environmental purposes, or a housing and urban development test for a
homeowner's warranty.
(d) In accordance with Texas Health and Safety Code, §361.538(c), any engineer who
conducts a soil test and determines that part of the tract overlies a closed municipal solid
waste landfill shall notify the following persons of that determination within 30 days of
the completion of the test:
(1) each owner and each lessee of the tract;
(2) the executive director;
(3) local government officials with the authority to disapprove the application for
development; and
(4) the regional council of governments.
—200—
(e) The responsible engineer shall affix his seal, signature, and date of execution to the
soil test results as required by the Texas Engineering Practice Act, §15c, and in
accordance with 22 TAC §131.166 (relating to Engineer's Seal).
(f) All soil test excavations where waste is removed shall be backfilled and compacted
with clean high - plasticity or low- plasticity clay. The excavation shall be backfilled to
exceed the existing grade and provide positive drainage.
Rule 330.954. Development Permit, Development Authorization, and Registration
Requirements, Procedures and Processing.
a) Permit required for development over a closed municipal solid waste (MSW) landfill
unit.
(1) No person may commence or continue physical construction of an enclosed structure
over a closed MSW landfill as defined in §330.951 of this title (relating to Definitions)
without first submitting a development permit application in accordance with §330.956 of
this title (relating to Application for Proposed or Existing Constructions Over a Closed
Municipal Solid Waste Landfill Unit, General Requirements) and receiving a
development permit issued by the executive director, except as noted in paragraph (7) of
this subsection. The permit issued by the executive director under this subchapter is a
development permit and not a permit for the management of solid waste. A permit
application for a development permit shall comply with those requirements in this
subchapter. A permit application to manage MSW shall comply with the applicable
sections of Chapter 281 and Chapter 305 of this title (relatingto- Applieatiens Processing
and Consolidated Permits), and Subchapters A - M of this chapter.
(2) A development permit is required for construction of an enclosed structure over a
closed MSW landfill that had received a permit under §330.7 of this title (relating to
Permit Required) and had its permit revoked at the end of the post - closure care period in
accordance with §305.67 of this title (relating to Revocation and Suspension upon
Request or Consent) or for construction of an enclosed structure over a non - permitted
closed MSW landfill. The exact waste boundary may be determined through soil boring
tests in accordance with §330.953 of this title (relating to Soil Test Required before
Development), or through alternative investigation methods approved by the executive
director.
(3) A development permit for construction of an enclosed structure is required for an
entire property that includes a closed MSW landfill with unknown boundaries as defined
in §330.951 of this title.
(4) The permit application under this subchapter must be received at least 45 days prior
to the proposed commencement of construction over the closed MSW landfill unit.
(5) If a person directs an engineer to conduct Soil Test I, and the soil test reveals the
existence of a closed MSW landfill unit after the commencement of construction,
construction of the enclosed structure being built over the waste area shall cease
immediately, and a permit application shall be submitted and a development permit
issued before construction of the enclosed structure over the waste area unit can resume.
—201—
4
The person may proceed with construction and development of other facilities, including
those items listed in the definition of essential improvements.
(6) If a person directs an engineer to conduct either Soil Test II or Soil Test III and the
engineer discovers a closed MSW landfill unit as a result of the test, the person shall
submit a permit application. Development of an enclosed structure over the closed
landfill unit cannot begin until a development permit is issued.
(7) If a person directs an engineer to conduct either Soil Test II or Soil Test III and the
engineer does not detect a closed MSW landfill unit as a result of the test, but
subsequently discovers a closed MSW landfill unit during the development, the person is
not required to submit a permit application but must meet the provisions of §330.959 of
this title (relating to Contents of Registration Application for an Existing Structure Built
Over a Closed Municipal Solid Waste Landfill Unit).
(8) As part of the application, the owner shall provide the name and physical and
mailing addresses of a public building with normal operating hours such as library, city
hall, or county courthouse where the application can be viewed by the general public. The
facilities where the permit can be viewed shall be in compliance with all applicable
requirements of the Americans with Disabilities Act. The application shall also include
an adjacent landowner list.
(b) Review and approval of permit application.
(1) Notice of the opportunity to request a public meeting for an application shall be
provided not later than 45 days of the executive director's receipt of the application in
accordance with the procedures contained in §39.501(c) of this title (relating to
Application for Municipal Solid Waste Permit). The owner or operator and the
commission shall hold a public meeting in the local area, prior to facility authorization, if
a public meeting is required based on the criteria contained in §55.154(c) of this title
(relating to Public Meetings). This section does not require the commission to respond to
comments, and it does not create an opportunity for a contested case hearing. The
purpose of the public meeting is for the public to provide input for consideration by the
commission, and for the applicant and commission staff to provide information to the
public.
(2) The commission shall notify the owner by mail of the date and time of the meeting .
(3) The commission shall require the applicant to publish notice of the meeting in a
newspaper that is generally circulated in each county in which the property proposed for
development is located. The published notice must appear at least once a week for the
two weeks before the date of the meeting. The commission shall also notify all
individuals on the list of adjacent landowners at least 15 days prior to the meeting. The
notice shall list the location, date, and time of the public meeting, and the location of the
public building where the development permit application can be viewed.
(4) The executive director's staff will conduct the public meeting at the designated
location. The owner will make a presentation of the application, the executive director's
staff will describe the development permit, and public comment will be received. The
_ public meeting is not an evidentiary proceeding.
(5) On or before the fifth day following the public meeting:
(A) the executive director will either approve or deny the development permit
application. The executive director shall base the decision on whether the application
meets each of the requirements of §330.956 of this title and §330.957 of this title
5
—202—
(relating to Contents of the Development Permit and Workplan Application). A decision
denying the permit shall state the deficiencies that were cause for the denial and any
modifications necessary to correct those deficiencies; and
(B) a person may submit in writing to the chief clerk a request to be notified of the
executive director's decision on the application.
(6) The date on which the executive director issues the order shall be construed as the
date on which notice of the decision is mailed to the owner and to each person that
requested notification of the executive director's decision in accordance with paragraph
(5)(B) of this subsection.
(7) Petition for review of executive director's decision.
(A) The owner or a person may file a petition for review not later than the tenth day
after the date the executive director issues the order. The owner or person that files a
petition shall file the petition with the chief clerk, and shall mail a copy of the petition to
the owner and to each person that requested notification of the executive director's
decision in accordance with paragraph (5)(B) of this subsection.
(B) If a petition for review is filed, the commission shall act on the petition for review
within 35 days after issuance of the executive director's order or at the next scheduled
commission meeting, whichever is later. The commission may affirm or reverse the order
issued by the executive director.
(C) A commission order ruling on a petition for review is final and effective on the
date issued.
(8) If no petition for review is filed ten days after the executive director issues a
decision, the decision is final and effective on the 1 lth day after the date the decision was
issued.
(9) If the actual cost of reviewing the permit is not equal to the application fee, the
owner will be presented with either a refund or an invoice in accordance with subsection
(a)(7) of this section. If an invoice is submitted, a development permit will not be issued
until the invoice is paid.
(10) An owner who is denied a development permit may submit a new application to the
executive director.
(c) Requirements for development over a closed MSW landfill in post - closure care.
(1) For an MSW landfill that is covered by an existing permit for the management of
solid waste received under §330.7 of this title and is currently in post- closure care, no
person may commence physical construction of an enclosed structure without submitting
a permit modification application for the closure plan and post - closure plan of the
existing permit in accordance with §305.70(j)(6) of this title (relating to Municipal Solid
Waste Permit and Registration Modifications), or a permit amendment application in
accordance with §305.62 of this title (relating to Amendment), and a workplan including
those items listed in §330.957 of this title, and receiving the approval from the executive
director.
(2) For an MSW landfill that is covered by an existing permit for the management of
solid waste received under §330.7 of this title and is currently in post - closure care, no
person may commence with any type of non - enclosed structures, which will result in the
disturbance, in any way, of the final cover without submitting a permit modification
application for the closure plan and post - closure plan of the existing permit in accordance
with §305.70(j)(6) of this title or a permit amendment application in accordance with
6
—203—
§305.62 of this title, and a workplan including those items listed in §330.960 of this title
(relating to Contents of Authorization Request to Disturb Final Cover Over a Closed
Municipal Solid Waste Landfill for Non - enclosed Structures), and receiving the approval
from the executive director.
(3) The executive director shall issue a decision to approve or deny the permit
modification/amendment application. The executive director shall base the decision on
whether the application meets each of the requirements of §305.700)(6) or §305.62 of
this title, respectively, and of §330.957 or §330.960 of this title, respectively. A decision
denying the permit modification/amendment shall state the deficiencies that were cause
for the denial and any modifications necessary to correct those deficiencies.
(d) Registration for existing structures.
(1) The owner or lessee of an existing structure that existed or began development prior
to September 1, 1993, and is built over a closed MSW landfill unit, shall submit a
registration application to the executive director. The registration application shall be
submitted to the executive director and shall include those items listed in §330.959 of this
title. This paragraph is not intended to require that owners and lessees of enclosed
structures initiate investigations for closed MSW landfills.
(2) A registration issued by the executive director under this subchapter is not a
registration for the management of solid waste. A registration application for an existing
structure shall comply with those requirements in this subchapter. A registration
application to manage MSW shall comply with the applicable sections of Chapter 281
and Chapter 305 of this title and Subchapters A - M of this chapter.
(3) The owner shall submit the registration within 180 days from the determination that
the structure overlies a closed MSW landfill.
(4) Upon receipt of written approval of the structures gas monitoring plan or approval
with modifications to the plan from the executive director, the owner or lessee of the
existing structure shall implement the plan in accordance with its approved schedule.
(e) Authorization to disturb final cover for non - enclosed structures.
(1) The integrity of the final cover of a closed MSW landfill shall not knowingly be
violated, disturbed, altered, removed, or interrupted in any way without the prior
authorization of the executive director, except where soil tests are being performed in
accordance with §330.953 of this title.
(2) Penetrations of the final cover or liner systems will not be allowed without the prior
authorization of the executive director. These include, but are not limited to, borings,
piers, spread footings, foundations for light standards, fence posts, anchors, deadman
anchors, manholes, on -site disposal systems, recreational facilities, and any other kind of
non - enclosed structures.
(3) An authorization to disturb final cover issued by the executive director under this
subchapter is not an authorization for the management of solid waste. An application for
authorization shall comply with those requirements in this subchapter.
(4) The authorization request must be received at least 45 days prior to the proposed
commencement of construction over the closed MSW landfill unit.
Rule 330.955 Miscellaneous.
—204—
7
(a) An enclosed area to be occupied by people under the natural grade of the land or
under the grade of the final cover of the closed municipal solid waste (MSW) landfill will
not be allowed.
(b) The executive director may require that additional soil layers or building pads be
placed on the final cover prior to the initiation of any construction activity or structural
improvements in order to protect the integrity and function of the final cover, any liner(s),
any components of the containment system(s), or any monitoring system(s).
(c) The executive director may allow small amounts of solid waste removed from a
closed MSW landfill (including residuals from a soil test) to be redeposited in the closed
MSW landfill on a case -by -case basis. The workplan for developing land over a closed
MSW landfill should describe the steps taken to ensure that removed waste will be
appropriately covered or removed to an authorized waste management facility.
(d) Unauthorized pilings in or through the final cover of a closed MSW landfill are
prohibited.
(e) Unauthorized borings or other penetrations of the final cover of a closed MSW
landfill are prohibited.
(f) Any water that comes in contact with waste becomes contaminated water and has to
_ _ __ preperLy.discharged_inama_nner thatwill -not cause surface water or gr-ound}uater
contamination.
(g) Locations where waste is removed shall be backfilled and compacted with clean high -
plasticity or low - plasticity clay. The excavation shall be backfilled to exceed the existing
grade and provide positive drainage.
(h) No waste shall be left exposed overnight.
Rule 330.956 Application for Proposed or Existing Constructions over a Closed
Municipal Solid Waste Landfill Unit, General Requirements.
(a) The application shall be submitted prior to the public meeting. The owner shall be
required to comply with the design, construction, and operating procedures proposed in
the application.
(b) The owner is responsible for providing the executive director data of sufficient
completeness, accuracy, and clarity to provide assurance that operation of the facility will
pose no reasonable probability of adverse effects to the health, welfare, or physical
property of residents and occupants of the structures, and the environment. Failure to
provide complete information as required by this subchapter may be cause for the
executive director to return the application without further action. Submission of false
information shall constitute grounds for denial or revocation of the development permit.
The owner is responsible for determining and reporting to the executive director any site -
specific conditions that require special design considerations. The proposed development
shall be in compliance with all applicable state and federal laws.
(c) The owner shall submit an application following the requirements in §330.57(e) - (h)
of this title (relating to Permit and Registration Applications for Municipal Solid Waste
Facilities).
(d) The maps submitted as a group shall show the following:
(1) the prevailing wind direction with a wind rose;
8
—205—
(2) all known water wells within 500 feet of the proposed development permit
boundary. The state well- numbering system designation for Texas Water Development
Board "Located Wells," where applicable, shall be shown;
(3) area streams, ponds, lakes, and wetlands;
(4) the property boundary of the site;
(5) drainage, pipeline, and utility easements within or adjacent to the site; and
(6) schools, licensed day care facilities, hospitals and other health care facilities within
1,000 feet of the boundaries of the known fill area.
Rule 330.957 Contents of the Development Permit and Workplan Application
a) General requirements. The application shall follow the general requirements in
§330.956 of this title (relating to Application for Proposed or Existing Constructions
Over a Closed Municipal Solid Waste Landfill Unit, General Requirements).
(b) Certification.
(1) Following the language of Texas Health and Safety Code, §361.533, the licensed
professional engineer preparing a development permit application shall include the
following certification: Certification of No Potential Threat to Public Health or the
Environment. "I, , P.E. # , certify that the proposed
development is necessary to reduce a potential threat to public health or the environment,
or that the proposed development will not increase or create a potential threat to public
health or the environment. Further, I certify that the proposed development will/will not
damage the integrity or function of any component of the Closed Municipal Solid Waste
Landfill Unit, including, but not limited to, the final cover, containment systems,
monitoring system, or liners. This certification includes all documentation of all studies
and data on which I relied in making these determinations." (signed, sealed, and dated by
the licensed professional engineer).
(2) For landfills in post - closure care, the owner or operator of the closed municipal solid
waste (MSW) landfill unit shall submit to the executive director for review and approval
a certification, signed by an independent licensed professional engineer and including all
applicable documentation necessary to support the certification, demonstrating that:
(A) any proposed construction activities or structural improvements on the closed
MSW landfill unit or waste management area shall not disturb the integrity and function
of the final cover, any liner(s), all components of the containment system(s), and any
monitoring system(s);
(B) the post - closure activities or improvements shall not increase or serve to create any
potential threat to human health and the environment or that the proposed activities or
improvements are necessary to reduce a potential threat to human health and the
environment;
(C) any proposed modification or replacement of existing construction activities or
structural improvements on any closed MSW landfill unit or waste management area that
may disturb the integrity and function of any portion of the final cover, any liner(s), any
components of the containment system(s), or any monitoring system(s) shall not increase
nor serve to create any potential threat to human health and the environment; and
9
—206—
(D) other disturbances of a closed MSW landfill unit or waste management area if the
owner or operator submits to the executive director for review and approval, a
certification that demonstrates that the disturbance, including the removal of any waste,
shall not cause harm to the integrity and function of the final cover, any liner(s), any
components of the containment system(s), or any monitoring system(s) and shall not
increase nor serve to create any potential threat to human health or the environment. This
certification shall be signed by the owner or operator of the unit or facility and an
independent licensed professional engineer and shall include all applicable
documentation necessary for the certification.
(c) Existing conditions summary. The owner shall discuss any land use, environmental,
or special issues that affect the facility. This shall include, but not be limited to:
(1) condition of final cover;
(2) waste characterization;
(3) gas production; and
(4) potential environmental impacts.
(d) Legal authority. The applicant shall provide verification of the applicant's legal status.
Normally, this is a one -page certificate of incorporation issued by the Secretary of State.
(e) Evidence of competency. The names of the principals and supervisors of the
applicant's organization relative to the development shall be provided.
(f) Notice of appointment. The applicant shall provide a notice of appointment
identifying the applicant's engineer.
(g) Notice of coordination. The applicant shall provide notice of coordination with all
local, state, and federal government officials and agencies.
(h) Legal description. The applicant shall provide legal description of the property in
accordance with §330.59(d) of this title (relating to Contents of Part I of the Application).
(i) Site drawing. The applicant shall provide a site drawing, drawn to scale, that indicates
the location of all waste disposal areas, existing and proposed structures, creeks, and
ponds.
(j) Maps. All maps shall clearly show the boundaries of the tract of land under
development and the actual fill areas
(1) General location maps. These maps shall be all or a portion of county maps prepared
by the Texas Department of Transportation (TxDOT). At least one general location map
shall be at a scale of 1/2 inch equals one mile. If the TxDOT publishes more detailed
maps of the proposed site area, the more detailed maps shall also be included. The latest
published revision of all maps shall be used. In addition, the applicant shall provide maps
as necessary to accurately show proximity of the site to surrounding features and
structures.
(2) General topographic maps. These maps shall be United States Geological Survey 7-
1/2 minute quadrangle sheets or equivalent. At least one general topographic map shall be
at a scale of one inch equals 2,000 feet.
(k) General geology and soils statement. The application shall include a discussion in
general terms of the geology and soils of the proposed facility, including any known
pathways for leachate and landfill gas migration.
(1) Groundwater and surface water statement. The application shall include a description
of the groundwater and surface water resources at or near the facility and how they will
be impacted by the development.
10
—207—
(m) Foundation plans. The owner shall provide foundation plans, including geotechnical
soil investigation and design reports.
(1) In order to prevent gas migration into buildings and other structures, structures shall
be designed and constructed in accordance with the following criteria.
(A) A geomembrane or equivalent system with very low gas permeability shall be
installed between the slab and the subgrade, and a permeable layer of a minimum
thickness of 12 inches, composed of an open - graded, clean aggregate material, shall be
installed between the geomembrane and the subgrade.
(B) A geotextile filter shall be utilized to prevent introduction of fine soil or other
particulate matter into the permeable layer.
(C) A landfill gas ventilation or active collection system shall be installed consistent
with the structures gas monitoring plan required by subsection (t) of this section.
(D) Perforated venting pipes or alternative venting methods approved by the executive
director shall be installed within the permeable layer and shall be designed to operate
without clogging.
(E) The venting gas devices shall be constructed to allow connection to an induced -
draft exhaust system.
(F) Automatic methane gas sensors shall be installed within the venting pipe and/or
permeable gas layer and inside the building or any other structure in order to trigger an
audible alarm when methane gas concentrations greater than 20% of the lower explosive
limit are detected.
(2) Alterations of existing structures are exempt from the requirements of paragraph (1)
of this subsection.
(3) An owner who requests suspension of gas monitoring based upon the demonstration
required by subsection (t)(1)(B) of this section, may submit to the executive director a
request for a variance from the requirements of paragraph (1) of this subsection. The
executive director shall base the decision on site - specific factors including, but not
limited to, age of the MSW landfill, type of waste deposited in the MSW landfill, and
testing methods utilized by the owner.
(n) Other plans. The application shall include the following plans:
(1) grading and drainage;
(2) irrigation systems; and
(3) a dimensional control plan of the facility relating all existing and /or proposed
enclosed structures and essential improvements of the development and the locations of
all required improvements and appurtenances to the legal description boundary of the
facility and the limits of the waste disposal area, signed and sealed by a registered
professional land surveyor.
(o) Soil tests. The owner shall provide all soil tests and /or other information relied upon
to make the determination that the facility was used as an MSW disposal area as required
by §330.953 of this title (relating to Soil Test Required before Development), including
procedures performed to identify the limits of the waste disposal area.
(p) Certified copies of required notices. The owner shall provide certified copies of all
notices having been made by the licensed professional engineer, by the owner, and by the
lessor /lessee in accordance with §330.953 of this title, §330.962 of this title (relating to
Notice to Real Property Records), §330.963 of this title (relating to Notice to Buyers,
Lessees, and Occupants), and §330.964 of this title (relating to Lease Restrictions).
11
—208—
(q) Closure plan. The owner shall provide a closure plan for any part of the waste
disposal area that will not have a structure built over it, including placement of the final
cover.
(r) Operational requirements plan. The owner shall provide a plan discussing the
necessary procedures and practices to be implemented and followed to ensure that the
owner meets the provisions of §330.961 of this title (relating to Operational
Requirements for an Enclosed Structure Over a Closed Municipal Solid Waste Landfill
Unit or a Municipal Solid Waste Landfill in Post - Closure Care).
(s) Site operating plan. The owner shall provide a site operating plan, which at a
minimum shall include specific guidance, procedures, instructions, and schedules for the
following:
(1) a description, including size, type, and function, of the equipment to be utilized at
the structure other than methane monitoring equipment;
(2) a detailed description of the procedures that the operating personnel shall follow to
utilize the equipment; and
(3) a plan to implement and maintain the operational requirements of §330.961 of this
title.
(t) Structures gas monitoring plan. The owner shall provide a structures gas monitoring
plan in accordance with the following.
(1) General.
(A) The owner or lessee of a new enclosed structure built or installed over a closed
MSW landfill unit shall ensure that the concentration of methane gas within the facility
structure does not exceed 20% of the lower explosive limit for methane (1.0% by volume
methane) in facility structures (excluding gas control or recovery system components)
overlying the closed MSW landfill unit.
(i) Any new enclosed structures shall contain automatic methane gas sensors
approved by the executive director and designed to trigger an audible alarm if the
volumetric concentration of methane in the air is greater than 1.0% (20% of the lower
explosive limit).
(ii) Any new enclosed structures built over a closed MSW landfill shall utilize a
ventilation system or an active gas extraction and collection system.
(B) Landfill gas monitoring requirements for a development applying for a
development permit under this subchapter may be suspended by the executive director if
the owner can demonstrate that there is no potential for migration of the landfill gases
listed in paragraph (2)(G) of this subsection. This demonstration shall be certified by a
licensed professional engineer and approved by the executive director, and shall be based
upon site - specific field- collected measurements, sampling, and analysis of physical,
chemical, and biological processes.
(2) Requirements for structures gas monitoring plan. The owner or lessee shall submit a
structures gas monitoring plan, designed by a licensed professional engineer, to the
executive director for review and approval. The plan shall ensure detection of the
presence of landfill gas entering on -site structures. All design drawings shall bear the
licensed engineer's seal and signature. The plan shall include, but not be limited to, the
following:
(A) a discussion of specific facility characteristics and potential migration pathways or
barriers in the development of the plan, including, but not limited to:
12
—209—
(i) locations of buildings and structures relative to the waste disposal area;
(ii) the nature and age of waste and its potential to generate landfill gas;
(iii) routes of entry for the intrusion of landfill gas into structures;
(iv) ignition sources within structures;
(v) the location of any utility lines or pipelines that cross, are adjacent to, or are near
the closed MSW landfill unit;
(vi) number of people occupying the structures and duration of occupation; and
(vii) depth of final cover over deposited waste;
(B) a narrative describing design characteristics of proposed structures related to
landfill gas accumulation prevention, detection, and elimination including, but not limited
to:
(i) structural;
(ii) electrical; and
(iii) mechanical;
(C) a description of the ventilation system or active gas collection and destruction
system to be utilized including engineering drawings and manufacturer's specification
sheets. Active gas collection and destruction systems shall comply with applicable parts
of § §115.152, 115.153, 115.155 - 115.157, and 115.159 of this title (relating to Control
Requirements; Alternate Control Requirements; Approved Test Methods; Monitoring and
Recordkeeping Requirements; Exemptions; and Counties and Compliance Schedule);
(D) a description of landfill gas monitoring equipment to be used in existing and
proposed structures, complete with manufacturer's specification sheets;
(E) a detailed implementation schedule for the installation of landfill gas monitoring
equipment;
(F) a sampling and analysis plan for determining landfill gas components, which
includes provisions for:
(i) sample withdrawal equipment and techniques;
(ii) sampling protocol for field measurements of diluted gas emissions; and
(iii) a quality assurance /quality control sampling plan to include, but not be limited to:
(I) field sampling;
(II) analytical methods;
(III) quality control samples and methods;
(IV) laboratory data reduction; and
(V) documentation required; and
(G) a complete analysis of the landfill gas to include, but not be limited to:
(i) a mass balance analysis for major components such as methane, other light
hydrocarbons, carbon monoxide, and water vapor measured with fairly high precision
(i.e., 5.0% - 10% relative error);
(ii) trace analyses for hydrogen sulfide, mercaptans, and ammonia; and
(iii) analysis for volatile organic compounds using an evacuated steel canister
collection device (similar to United States Environmental Protection Agency Method
TO14) and gas chromatography /mass spectrometry detection system.
(u) Safety and evacuation plan. The owner shall provide a plan describing evacuation
procedures and safety measures in the event the methane gas sensors sound the audible
alarms.
13
—210—
Rule 330.958 Construction Plans and Specifications
Construction plans and specifications of the proposed or modified structure shall be
prepared and maintained at the structure at all times during construction. After
completion of construction, one set of as -built construction plans and specifications shall
be maintained at the permitted development. Plans maintained at the structure shall be
made available for inspection by executive director representatives.
Rule 330.959 Contents of Registration Application for an Existing Structure Built
Over a Closed Municipal Solid Waste Landfill
a) The application shall follow the general requirements as set forth in §330.956 of this
title (relating to Application for Proposed or Existing Constructions Over a Closed
Municipal Solid Waste Landfill Unit, General Requirements).
(b) The registration application shall consist of the following:
(1) a legal description as set forth in §330.957(e) of this title (relating to Contents of the
Development Permit and Workplan Application);
(2) certified copies of all notices having been made by the owner and the lessor /lessee in
accordance with §330.962 of this title (relating to Notice to Real Property Records),
§330.963 of this title (relating to Notice to Buyers, Lessees, and Occupants), and
§330.964 of this title (relating to Lease Restrictions);
(3) plans and drawings as set forth in §330.957(i), (j), and (n)(3) of this title;
(4) a site operating plan as set forth in §330.957(s) of this title;
(5) a structures gas monitoring plan:
(A) General.
(i) The owner or lessee of an existing structure built over a closed municipal solid
waste landfill unit shall ensure that the concentration of methane gas generated by the
landfill does not exceed 20% of the lower explosive limit for methane (1.0% by volume
methane in air) in facility structures (excluding gas control or recovery system
components). Any enclosed structures shall contain automatic methane gas sensors
approved by the executive director and designed to trigger an audible alarm if the
volumetric concentration of methane in the air is greater than 1.0 %.
(ii) Landfill gas monitoring requirements for a registration under this section may be
suspended by the executive director as provided for in §330.957(t)(1)(B) of this title.
(B) Requirements for structures gas monitoring plan. The owner or lessee shall submit
a structures gas monitoring plan, designed by a licensed professional engineer, to the
executive director for review and approval. The plan shall ensure detection of the
presence of landfill gas entering on -site structures. All design drawings should bear the
licensed engineer's seal and signature. The plan shall include, but not be limited to, the
following:
(i) an analysis of specific facility characteristics and potential migration pathways or
barriers as set forth in §330.957(t)(2)(A) of this title;
(ii) a facility drawing, drawn to scale, which indicates the location of all waste
disposal areas, existing structures, creeks, and ponds;
14
—2 1 1—
(iii) a narrative describing modifications to the existing structures including, but not
limited to, the following:
(I) structural;
(II) electrical;
(III) mechanical; and
(IV) landfill gas monitoring equipment including manufacturer's specification sheets
and any gas ventilation or active gas extraction systems if the development utilizes such
systems;
(iv) a detailed implementation schedule for the installation of landfill gas monitoring
equipment;
(v) a sampling and analysis plan as set forth in §330.957(t)(2)(F) of this title; and
(vi) a landfill gas analysis as set forth in §330.957(t)(2)(G) of this title; and
(6) a safety and evacuation plan describing evacuation procedures and safety measures
in the event the methane gas sensors sound the audible alarms.
Rule 330.960 Contents of Authorization Request to Disturb Final Cover over a
Closed Municipal Solid Waste Landfill for Non - enclosed Structures.
The owner of a property that includes a closed municipal solid waste landfill shall not
disturb the final cover without prior written approval from the executive director. The
authorization request shall include the following:
(1) a certification as set forth in §330.957(b) of this title (relating to Contents of the
Development Permit and Workplan Application);
(2) the existing conditions summary as set forth in §330.957(c) of this title;
(3) proposed project description including location related to the closed landfill;
(4) description of the construction/investigation process including, but not limited to,
work schedule and safety issues during construction;
(5) description of the procedures for water and /or methane monitoring and excavated
material disposal during construction;
(6) maps and drawings, site drawing, and general location map to indicate the landfill
location; and
(7) engineering plans, sealed and signed by a licensed professional engineer indicating
the proposed project description and its location relative to the landfill.
Rule 330.961 Operational Requirements for an Enclosed Structure over a Closed
Municipal Solid Waste Landfill Unit or a Municipal Solid Waste Landfill in Post -
Closure Care
(a) General.
(1) The development permit or registration, the site operating plan, any closure plan, the
structures gas monitoring plan, the safety and evacuation plan, and all other documents
and plans required by this subchapter shall become operational requirements and shall be
15
—212—
considered a part of the operating record of the development or structure. A copy of these
documents shall be maintained on site in an office at the permitted /registered
development.
(2) The owner, operator, or lessee shall retain the operating record for the life of the
structure.
(3) Any deviation from the development permit/registration and incorporated plans or
other related documents associated with the development permit or registration without
approval of the executive director is a violation of this subchapter.
(4) The development permit or registration holder shall notify the executive director,
and any local pollution agency with jurisdiction that has requested to be notified, of any
incident involving the facility relative to the development permit or registration and
provisions for the remediation of the incident.
(b) Landfill gas control. All landfill gases shall be monitored in accordance with the
structures gas monitoring plan prepared as set forth in §330.957 of this title (relating to
Contents of the Development Permit and Workplan Application) and §330.959 of this
title (relating to Contents of Registration Application for an Existing Structure Built Over
a Closed Municipal Solid Waste Landfill Unit).
(I) Landfill gas monitoring.
(A) The owner or lessee of a new structure to be built or an existing structure built over
a closed municipal solid waste (MSW) landfill unit shall provide equipment for
monitoring on -site structures, including, but not limited to, buildings, subsurface vaults,
utilities, or any other areas where potential gas buildup would be of concern.
(B) Monitoring on -site structures may include, but is not limited to, periodic
monitoring using either permanently installed monitoring probes or continuous
monitoring systems.
(C) Structures located on top of the waste area shall be monitored on a continuous
basis, and monitoring equipment shall be designed to trigger an audible alarm if the
volumetric concentration of methane in the sampled air is greater than 1% within the
venting pipe or permeable layer, and/or inside the structure. When practical, structures
should be monitored after they have been closed overnight or for the weekend to allow
for an accurate assessment of gas accumulation.
(D) Areas of the structure where gas may accumulate should be monitored and include,
but are not limited to, areas in, under, beneath, and around basements, crawl spaces, floor
seams or cracks, and subsurface utility connections.
(E) Gas monitoring and control systems shall be modified as needed to reflect
modifications to the structure.
(2) Reporting.
(A) All on -site structures shall be sampled for methane on a monthly basis. All
monthly sampling results shall be placed in the operating record of the facility in
accordance with §330.125(b)(3) of this title (relating to Recordkeeping Requirements)
and be made available for inspection by the executive director, and any local pollution
agency with jurisdiction that has requested to be notified, in accordance with §330.125(c)
of this title. If methane gas levels exceeding the limits specified in paragraph (1) of this
subsection are detected, the owner, operator, or lessee shall notify the executive director
and take action in accordance with §330.371(c) of this title (relating to Landfill Gas
Management).
16
—213—
(B) Sampling for specified trace gases may be required by the executive director when
there is a possibility of acute or chronic exposure due to carcinogenic or toxic
compounds.
(c) Air criteria.
(1) The closed MSW landfill is subject to commission jurisdiction concerning burning
and air pollution control. The owner shall ensure that the closed MSW landfill does not
violate any applicable requirement of the approved state implementation plan.
(2) Ventilation of the closed MSW landfill and any enclosed structures shall be provided
in accordance with all appropriate commission rules.
(d) Ponded water. The ponding of water over waste in the closed MSW landfill unit,
regardless of its origin, shall be prevented. Ponded water that occurs on a closed MSW
landfill unit shall be eliminated as quickly as possible and the area in which the ponding
occurred shall be filled in and regraded within seven days of the occurrence.
(e) Water pollution control. Surface drainage in and around the structure shall be
controlled to minimize surface water running onto, into, and off the closed MSW landfill.
(f) Groundwater monitoring. Groundwater monitoring may be required by the executive
director and shall be conducted in accordance with the requirements of Subchapter J of
this title (relating to Groundwater Monitoring and Corrective Action).
(g) Conduits. All conduits intended for the transport or carrying of fluids over or within
the closed MSW landfill shall be double - containment (split casings shall not be used). To
the extent possible, all such utilities shall be in fill material placed over the upgraded final
cover.
(h) Recordkeeping requirements.
(1) The owner or lessee shall promptly record and retain in the operating record the
following information:
(A) all results from gas monitoring and any remediation plans pertaining to explosive
and other gases;
(B) all unit design documentation for the placement of gas monitoring systems and
leachate or gas condensate removal or disposal related to the closed MSW landfill unit;
(C) copies of all correspondence and responses relating to the development permit;
(D) all documents relating to the operation and maintenance of the building, facility, or
monitoring systems as they relate to the development permit; and
(E) any other document(s) as specified by the approved development permit or by the
executive director.
(2) The owner, operator, or lessee shall provide written notification to the executive
director, and any local pollution agency with jurisdiction that has requested to be notified,
for each occurrence that documents listed in subsection (h) of this section are placed into
or added to the operating record. All information contained in the operating record shall
be furnished upon request to the executive director and shall be made available at all
reasonable times for inspection by the executive director or his representative.
Rule 330.962 Notice to Real Property Records
a) Owner of property. An owner of property that overlies a closed municipal solid waste
(MSW) landfill shall prepare and file for record in the real property records in the county
where the land is located a written notice stating:
17
—214—
(I) the former use of the land;
(2) the legal description of the tract of land that contains the closed MSW landfill, and at
the owner's discretion, the portion of the tract of land that contains the closed MSW
landfill;
(3) notice that restrictions on the development or lease of the land exist in Texas Health
and Safety Code, Chapter 361, Subchapter R and this subchapter; and
(4) the name of the owner.
(b) Local government official. A local government official who receives notice under
§330.953 of this title (relating to Soil Test Required before Development) that a closed
MSW landfill exists on a tract of land shall prepare and file for record in the real property
records in the county where the land is located a written notice stating:
(1) the legal description of the tract of land that contains the closed MSW landfill;
(2) the current owner of the tract;
(3) notice of the tract's former use as an MSW landfill unit; and
(4) notice that restrictions on the development or lease of the land exist in Texas Health
and Safety Code, Chapter 361, Subchapter R and in this subchapter.
Rule 330.963 Notice to Buyers, Lessees, and Occupants
(a) An owner of land that overlies a closed municipal solid waste (MSW) landfill shall
prepare a written notice stating the former use of the facility, the legal description of
property, notice of the restrictions on the development or lease of the land imposed by
this subchapter and Texas Health and Safety Code, Chapter 361, Subchapter R, and the
name of the owner. The owner shall file for record the notice in the real property records
of the county in which the property is located.
(b) An owner of land that overlies a closed MSW landfill shall notify each lessee and
each occupant of a structure that overlies the unit of:
(1) the land's former use as a landfill; and
(2) the structural controls in place to minimize potential future danger posed by the
closed MSW landfill.
Rule 330.964 Lease Restrictions
This section is not intended to require that owners and lessees of property initiate
investigations for closed municipal solid waste (MSW) landfills. A person may not lease
or offer for lease property that overlies a closed MSW landfill unit unless:
(1) existing development on the land is in compliance with this subchapter; or
(2) the person gives notice to the prospective lessee of what is required to bring the
property and any development on the property into compliance with this subchapter and
the prohibitions or requirements for future development imposed by this subchapter and
by any development permit issued for development of the property under this subchapter.
18
— 2 1 5—
Page 1 of 2
AN ORDINANCE
ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS
DESIGNEE, TO AMEND THE LEASE AGREEMENT WITH SOUTHSIDE
LITTLE MISS KICKBALL LEAGUE, A NON - PROFIT ORGANIZATION,
FOR THE USE OF 4200 MCARDLE ROAD FOR ITS KICKBALL
PROGRAM TO END IN JANUARY 2011; PROVIDING FOR
SEVERANCE; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI
TEXAS THAT
SECTION 1. The City Manager or his designee is authorized to amend the Lease
Agreement with Southside Little Miss Kickball League, a non - profit organization, for the
use of 4200 McArdle Road for its kickball program to end in January 2011. A copy of the
lease is on file 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. That upon written request of the Mayor or five Council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter Rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the T day of February, 2009.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved: February 2, 2009
By: ',—z -u
Lisa Aguilar
Senior Assistant City Attorney
For City Attorney
Henry Garrett
Mayor
C: \DOCUME -1 Ueannie \LOCALS -1 \ Temp\ ORD- AmendLeaseSouthsideLMKickball- McArdle.doc
—217—
Corpus Christi, Texas
Day of , 2009
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
Page 2of2
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: I /we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Henry Garrett
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel)
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
C1DOCUME -1 Ueannie \LOCALS -1 \ Temp\ ORD- AmendLeasesoulhsideLMKickbafl- McArdle.doc
—218—
LEASE AGREEMENT
BETWEEN THE CITY OF CORPUS CHRISTI AND SOUTHSIDE LITTLE MISS
KICKBALL
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 "), and Southside Little Miss Kickball ( "Lessee "),
a nonprofit organization, acting through its duly authorized President of Lessee.
WHEREAS, the City owns property described on the attached Exhibit A, which said
property is located in Corpus Christi, Nueces County, Texas, a portion of which will be
known as the "Premises";
WHEREAS, the Lessee desires to use the Premises for program described on the
attached Exhibit A; and
WHEREAS, the City desires to allow Lessee to use the Premises for said program;
NOW, THEREFORE, the City 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 as described on the attached exhibit, beginning on day of City Council
approval, ( "Effective Date ") which is , unless sooner
terminated as set out herein. Upon Effective Date, this lease terminates the prior leases
between the parties for use of said Premises.
Section 2. Contact Person /Lease Administrator. For this Lease, the City's contact
person and lease administrator is the Director of Park and Recreation or designee
( "Director ").
Section 3. Premises and Improvements. City leases to Lessee the Premises, as
described and delineated in Exhibit B 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 operate the program described on Exhibit A
and must 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, and irrigation
systems, if any are present or installed on the Premises.
1
—219—
(C) Lessee must immediately report any vandalism to the Director, or designee,
and the Corpus Christi Police Department, Nueces County, Texas;
(D) Lessee shall ensure that parking is confined to on- street parking only, or
designated parking lots but no parking is to be allowed on grass;
(E) Lessee will provide normal, scheduled mowing of the Premises. Lessee will be
responsible for maintaining the fields as set out in 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;
(F) Lessee shall maintain the fields within the Premises boundary lines. Grass on
the fields must not exceed three (3) inches. Lessee must mow the 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 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) If Lessee utilizes goal posts on the Premises, Lessee shall maintain a secure
anchoring system on all goal posts used on the fields at Premises. Lessee
must repair any deficiency found in the anchoring system that impairs the safe
use of the anchoring system within forty -eight (48) hours after the need for
repair is or should have been discovered;
(l-) Lessee is responsible to proper installation and use of all equipment and
improvements at Premises;
(I) Lessee must maintain First Aid kit on Premises;
(J) Lessee shall submit the attached Exhibit D, Standard of Maintenance to the
Director no later than January 31 of each year.
Section 5. Compliance with Maintenance Standards. The City Manager and the
Director, 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 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's invoice. Failure to pay the City's invoice for 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 for
Lessee's nonperformance of the maintenance.
Section 6. Sportsmanship Program. Lessee shall require that all of its coaches and at
least one family member of each youth participant shall complete a state or nationally
recognized, or Parks Director approved, parent and coach sportsmanship program.
—220—
2
Section 7. Assignment and Sublease. This Lease may not be, in whole or in part,
assigned, directly or indirectly, without the prior written consent of the City. This Lease
may be sublet only with the prior written consent of the Director. Requests to sublet the
premises must be submitted to the Director at least 30 days in advance.
Section 8. Securing /Anchoring of Goal Posts. Lessee acknowledges and covenants
that Lessee shall be responsible, during the term of this Lease, for maintaining the
anchoring system, as set out in Section 4 above. Any change, alteration, or modification to
the anchoring system during the term of this Lease must be submitted to Director, in
writing, prior to the change, alteration or modification being made.
Section 9. 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 10. Joint Use.
(A) City retains 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 Lessee's sport program purposes. Requests for scheduled organized
activities by other organizations will be reviewed for approval or denial by the
Director and Lessee.
(B) City retains the right to use or cross the Premises with utility lines and /or
easements. City may exercise these rights without compensation to Lessee
for damages to the Premises and /or any Improvements from installing,
maintaining, repairing, or removing the utility lines and /or easements. City
must use reasonable judgment in locating the utility lines and /or easements
to minimize damage to the Premises and /or its Improvements.
Section 11. Primary Purpose. Lessee must establish and maintain a recreational area
with the primary purpose being for the operation of a sports program described on
attached Exhibit A and for no other purpose without the Director's prior written approval.
Lessee's fundraising activities on Premises require Director's prior written approval.
Lessee's insurance must provide coverage in compliance with Section 19 for the type of
fundraising activity being proposed by Lessee.
Section 12. 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
—221—
3
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. At the termination or expiration of this Lease, all
permanent additions and alterations installed by Lessee at the Premises,
including but not limited to, fences, concession stands, goal posts and
bleachers, become property of the City without necessity of legal action."
Section 13. 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 14. 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.
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 15. Advertising. The Director has the right to prohibit any advertising by
Lessee on Premises which impairs the reputation of the Premises or the City.
Section 16. Security. Lessee shall contract and pay for any and all security it requires
at the Premises during the term of this Lease.
Section 17. 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. The City Manager, or his designee, retains
the right to take such action as the United States may direct to enforce this non-
discrimination covenant.
(B)
Section 18. 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
4
—222—
subject to applicable provisions of the City Charter.
(6) 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 19. Costs. Noncompliance with the terms herein may result in termination of
this Lease and repossession of the Premises and its Improvements by the City or its
agents. If the City undertakes legal action to enforce compliance or collect damages
resulting from noncompliance, Lessee must pay all of the City's court costs and ex-
penses, including reasonable attorneys' fees.
Section 20. Indemnity. Lessee, its officers, members, partners,
employees, representatives, agents, and licensees (collectively,
Indemnitors) covenant to fully indemnify, save, and hold
harmless the City, its 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 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's sports program; (2) the
exercise of rights under this Lease; (3) an act or omission,
negligence, or misconduct on the part of any persons having
involvement in, participation with, or business with the Premises,
Lessee, or the Lessee's sport program whether authorized with
the express or implied invitation or permission of Lessee
(collectively, Lessee's Invitees) entering upon the Premises or its
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 by Indemnitees or any them of any law, rule,
5
—223—
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 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 in all
actions based thereon with counsel satisfactory to lndemnitees,
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 21. 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 C, 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 22. No debts. Lessee shall not incur any debts nor obligations on the credit of
City during the term o this Lease.
Section 23. Termination.
(A) The City Manager may immediately terminate this Lease for cause and
without penalty if the City Manager determines, in his sole discretion, that
Lessee is no longer fulfilling the primary purpose of the Lease as set out in
Exhibit A.
—224—
6
(B) In addition, the City Manager may immediately terminate this Lease for
cause and without penalty if he determines, in its sole discretion, that Lessee
is in violation of any Federal, State, or local government law, rule, regulation,
or ordinance.
(C) Additionally, if there is noncompliance with one or more of the provisions
contained herein, the Director may give Lessee written notice to cure or
begin curing the 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, the
City Manager may terminate this Lease for cause without penalty by
providing written notice of termination and listing one or more areas of
continued noncompliance.
(D) Either City Manager or Lessee may terminate this Lease without cause
without penalty by giving thirty (30) days written notice to the non - terminating
party.
Section 24. 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; or (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:
City of Corpus Christi
Attn: Director of Park & Recreation
P. 0. Box 9277
Corpus Christi, TX 78469 -9277
IF TO LESSEE:
Name and address on Exhibit A
Either party may change the address to which notice is sent by using a method set out
above. Lessee will notify the City of an address change within thirty (30) days after the
address is changed.
Section 25. List of Current Officers and Board of Directors, and Bylaws. Lessee
must submit its current List of Officers and Board of Directors (List) to the Director by
each January 31 of each year of this Lease. The List must contain each person's title,
name, address, home phone, and office or fax phone, and email address. Lessee must
notify Director in writing immediately if there are any changes in the Officers or Board of
Directors. Lessee must provide Director with copy of the current Bylaws, and
immediately provide Director with any amendments to the Bylaws.
Section 26. Reporting. Lessee shall submit reports listing the number of youth and
teams registered by Lessee to play sports each year during the term of this Lease. The
reports must be submitted to the Director within two weeks after the start of Lessee's
season.
—225—
7
Section 27. Construction and Reconstruction Funds.
(A) If the City receives funds to construct or reconstruct Improvements at the
Premises, Lessee covenants to vacate the Premises, should the Director
deem it necessary, upon thirty (30) days written notice from the Director.
(B) Lessee has no action for damages against nor will be compensated by the
City for loss of use of the Premises and /or Improvements. The City has no
obligation to provide an alternate location for Lessee during the Improve-
ments construction or reconstruction period. The consideration for Lessee
relinquishing all rights to use the Premises and Improvements during the
construction or reconstruction period is the City's construction or recon-
struction of the Improvements for Lessee's benefit.
(C) Once construction or reconstruction of the Improvements is complete, the
Director will notify Lessee, in writing, of the date on which the Premises
and Improvements are once again available to Lessee.
(D) Lessee's term will not change nor increase if the City requests Lessee to
vacate the Premises as set out herein.
Section 28. 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 29. 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.
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
(8)
—226—
8
default.
Section 30. Force Majeure. 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 sus-
pended during this period to the extent performance is reasonably affected.
Section 31. Publication. Lessee agrees to pay the cost of newspaper publication of
this Lease and related ordinance as required by the City Charter.
Section 32. 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 33. Severabilitv.
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 un-
der 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, for it
is the definite intent of the parties to this Lease that every section, para-
graph, 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 unen-
forceable 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 34. 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 35. Entirety Clause. This Lease and the attached and incorporated exhibits
constitute the entire agreement between the City and Lessee for the purpose granted.
All other agreements, promises, representations, and understandings, oral or otherwise,
with reference to the subject matter hereof, unless contained in this Lease are expressly
revoked, except for the promulgation of future maintenance rules as contemplated in
Section 4 herein above, as the parties intend to provide for a complete understanding
within the provisions of this Lease and its exhibits of the terms, conditions, promises,
—227—
and covenants governing each party's performance hereunder and as relating to
Lessee's use of the Premises.
EXECUTED IN DUPLICATE, each of which shall be considered an original, on this
the day of , 2009.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary `Angel R. Escobar, City Manager
Approved as to legal form: Op /rte-;
By: N-- 4vJe
Lisa Aguil ssistant City Attorney
For City A rney
LESSEE: SOUTHSIDE LITTLE MISS KICKBALL
By: %.4 ntA .J@tc OCJ
t o
Pres
Printed Name: Mai axenP
Date: _ / (o — b Q
STATE OF TEXAS
COUNTY OF NUECES '
This instrument was acknowledged before me on , 4
i "` 'L`'resident of ,._..+= F:on behalf of said organization.
- --
us—
1 cc 2009, by
STATE OF TEXAS
My Comm. Exp. 08.11.2012
Notary Public, State of Texas
Printed name:
na
Commission expires:
—228—
8111 1,1.0
10
EXHIBIT A
Southside Little Miss Kickball
Property Description: 4200 McArdle Road
Term: January 27, 2009 to January 31, 2011
Program to be operated by Lessee: Kickball programs for girls ages to 6 to 18
Notice Address for Lessee:
Southside Little Miss Kickball
X1029 »ona -1, o
Corpus Christi, Texas 7841% 3
11
—229—
EXHIBIT B
See attached Site map
12
-230-
EXHIBIT
SOUTHSIDE LITTLE MISS KICKBALL LEASE
CONCESSION
COMMERCIAL
BUSINESS
COMMERCIAL
BUSINESS
c=
WQ
13
O<
on
PRIVATE
RESIDENCE
LEGEND
Iu
W
MCARDLE ROAD
-231
EXHIBIT C
INSURANCE REQUIREMENTS
LESSEE'S LIABILITY INSURANCE
A. Lessee must not commence work under this Lease until insurance required herein has been obtained and such
insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all
similar insurance required of the subcontractor has been obtained.
B. Lessee must furnish to the City's Risk Manager, (two) 2 copies of Certificates of Insurance, showing the following
minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an
additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30 -Day written notice of cancellation, non - renewal,
material change or termination is required on all
certificates.
Bodily Injury and Property Damage
Per occurrence / aggregate
Commercial General Liability including:
1. Commercial Form
2. Premises - Operations
3. Products/ Completed Operations Hazard
4. Contractual Liability
5. Broad Form Property Damage
6. Independent Contractors
7. Personal Injury
$1,000,000 COMBINED SINGLE LIMIT
C.
In the event of accidents of any kind, Lessee must furnish the Risk Manager copies of all reports of any accidents
within 10 days of the accident.
II. ADDITIONAL REQUIREMENTS
A. Certificate of Insurance:
• The City of Corpus Christi must be named as an additional insured on the liability coverage, and a
blanket waiver of subrogation is required on all applicable policies.
• If your insurance company uses the standard ACORD form, the cancellation clause (bottom right)
must be amended by adding the wording "changed or" between "be" and "canceled ", and deleting the
words, "endeavor to ", and deleting the wording after "left ". ".In lieu of modification of the ACORD form,
separate policy endorsements addressing the same substantive requirements are mandatory.
• The name of the project must be listed under "Description of Operations ".
• At a minimum, a 30-day written notice of cancellation, material change, non - renewal or termination is
required.
B. If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items
1.B (1) -(7), an authorized representative of the insurance company must include a letter specifically stating
whether items 1.B. (1) -(7) are included or excluded.
13
-232-
SITE:
EXHIBIT D
STANDARD OF MAINTENANCE
SPORT FIELD LEASE CHECKLIST
Due January 31
INSPECTOR:
ADDRESS: Date:
Please fill out whatever pertains to your Sports league, please use comment box
below to describe your sports field if it's not listed.
All Leases Sport League will be expected to complete this self - inspection checklist form
annually. Due date will be January of the upcoming year.
Each league is responsible for their self inspection. If the inspection is not submitted to
the City of Corpus Christi Parks and Recreation Department, 1201 Leopard, Corpus
Christi, Texas 78401 by January 31 the League will be assessed a fee of $500.00 per
site and the City will do the inspection.
Check "NO" if repairs are not necessary; "YES" if repairs are necessary. A comment is
required for any "YES" answer.
PLAYING SURFACE: Baseball Field, Soccer Field, Football Field, Softball Playing
Field,
Yes No
[ ] [ ] 1. Maintenance equipment such as rakes, hoses, etc. are stored correctly.
[ ] [ ] 2. Litter and unsafe debris is picked up around the field and player /spectator
areas.
[ ] [ ] 3. The supply and location of waste cans are adequate.
[ ] [ ] 4. Sprinkler heads, drainage grates, valve boxes, etc. in the field are grade level
and /or do not have sharp edges or unsafe protrusions.
[) [ ] 5. Recurring accidents from players running into surrounding objects such as
fencing, light posts, bleachers,etc.
[ ] [ ] 6. Our facility complies with industry recommended field design specifications.
[ ] [ ] 7. Playing field is level
[ ] [ ] 8. Playing surface is safe. (no holes or unsteady surfaces)
COMMENTS
-233-
BASES AND ANCHORING: Baseball Field, Soccer Field, Football Field, Softball
Playing Field,
Yes No
[ ] [ ] 1. The bases or goal are installed according to the manufacturer's
requirement.
[ ] [ ] 2. The bases or goals are secure and safe.
COMMENTS
FENCING area around the following: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] [ ] 1. Fence posts are not loose and /or properly set in the ground.
[ ] [ ] 2. Fence posts are not on the inside of the playing area fence.
[ ] [ ] 3. Concrete footings are not exposed above ground.
11 [ ] 4. Fencing is securely attached to the fence posts with no loose or broken ties.
[ ] [ ] 5. There are not unsafe gaps under fencing.
[ ] [ ] 6. Wire ends of chain Zink fencing are not exposed along the top.
[ ] [ ] 7. There are not damaged portions of fencing that are loose, sharp, protruding, or
unsafe.
[ ] [ ] 9. Gates are not left open during games.
[1[110. Backstops and goals not meet industry recommended specifications.
COMMENTS
TURF AREAS for the following: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] [ ] 1. There are not unsafe bare spots in turf with a hard soil surface
exposed.
[ ] [ ] 2. The surface is level.
[ ] [ ] 3. Soil is properly draining for safe running surface.
[1 [ ] 4. Turf is uniform in texture, density, or height making an unsafe playing
surface.
[ ] [ ] 5. Turf irrigation is properly installed and working.
[ ] [ ] 6. Weeds are not present with thorns, bristles, or burrs.
-234-
7. Moles, gophers or other animals have not caused mounds or holes.
8. No hazardous ruts are present.
9. Permanent materials used to mark foul lines (i.e., white boards or fire
hose) are not protruding from the surface.
COMMENTS
LIGHTING for the following areas: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] [ ] 1. The lighting was designed, installed and inspected by properly trained
engineers or technicians.
[ ] [ ] 2. There are burned out lights.
[ ] [ ] 3. The beam direction of the lights are properly adjusted.
[ ] [ 1 4. The lighting foot - candles meet industry recommended specifications.
COMMENTS
BLEACHERS for the following areas: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] [ ] 1. The nuts and bolts on the bleachers are not loose, missing, or protruding.
[ ] [ ] 2. The guard rails are not loose or missing.
[ ] [ ] 3. The plank or railing end caps are loose or missing.
[ ] [ ] 4. Wooden planks are not worn out or splintered.
[ ] (] 5. There are not hazardous protrusions or sharp edges.
COMMENTS
—235—
GENERAL SAFETY CONSIDERATIONS for the following areas: Baseball Field,
Soccer Field, Football Field, Softball Playing Field,
Yes No
[ ] [ ] 1. There are warning signs posted informing players or spectators of use
rules or hazardous conditions.
[ ] [ ] 2. There are public telephones available for emergency situations.
[ ] [ ] 3. Areas that are hazardous or under repair have been blocked off or
identified.
COMMENTS
-236-
Page 1 of 2
AN ORDINANCE
ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS
DESIGNEE, TO AMEND THE LEASE AGREEMENT WITH SOUTHSIDE
YOUTH SPORTS COMPLEX, A NON - PROFIT ORGANIZATION, FOR
THE USE OF PRICE PARK FOR ITS BASEBALL PROGRAM TO END
IN JANUARY 2014; PROVIDING FOR SEVERANCE; AND DECLARING
AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI
TEXAS THAT
SECTION 1. The City Manager or his designee is authorized to amend the Lease
Agreement with Southside Youth Sports Complex, a non - profit organization, for the use
of Price Park for its baseball program to end in January 2014. A copy of the lease is on
file 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. That upon written request of the Mayor or five Council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter Rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the day of February, 2009.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved: February 2, 2009
7'
By: �.
-1
A;^ � ,
Lisa Aguilar Q
Senior Assistant City Attorney
For City Attorney
Henry Garrett
Mayor
C: \DOCUME- 1Ueannie \LOCALS -1\ Temp\ GVviewer\ ORD- AmendLeaseSouthsidePony- PricePark.doc
—237—
Page 2 of 2
Corpus Christi, Texas
Day of , 2009
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: I /we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Henry Garrett
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel]
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
C: \DOCUM E -1 \Jeannie \LOCALS -1 \ Temp \GWViewer \ORD- AmendLeaseSouthsidePony- PricePark.doc
—238—
LEASE AGREEMENT
BETWEEN THE CITY OF CORPUS CHRISTI AND SOUTHSIDE YOUTH SPORTS
COMPLEX
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 "), and Southside Youth Sports Complex
( "Lessee "), a nonprofit organization, acting through its duly authorized President of
Lessee.
WHEREAS, the City owns property described on the attached Exhibit A, which say
property is located in Corpus Christi, Nueces County, Texas, a portion of which will be
known as the "Premises";
WHEREAS, the Lessee desires to use the Premises for program described on the
attached Exhibit A; and
WHEREAS, the City desires to allow Lessee to use the Premises for said program;
NOW, THEREFORE, the City 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 as described on the attached exhibit, beginning on day of City Council
approval, ( "Effective Date ") which is , unless sooner
terminated as set out herein. Upon Effective Date, this lease terminates the prior leases
between the parties for use of said Premises.
Section 2. Contact Person /Lease Administrator. For this Lease, the City's contact
person and lease administrator is the Director of Park and Recreation or designee
( "Director ").
Section 3. Premises and Improvements. City leases to Lessee the Premises, as
described and delineated in Exhibit B 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 operate the program described on Exhibit A
and must 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, and irrigation
1
—239—
systems, if any are present or installed on the Premises.
(C) Lessee must immediately report any vandalism to the Director, or designee,
and the Corpus Christi Police Department, Nueces County, Texas;
(D) Lessee shall ensure that parking is confined to on- street parking only, or
designated parking lots but no parking is to be allowed on grass;
(E) Lessee will provide normal, scheduled mowing of the Premises. Lessee will be
responsible for maintaining the fields as set out in 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;
(F) Lessee shall maintain the fields within the Premises boundary lines. Grass on
the fields must not exceed three (3) inches. Lessee must mow the 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 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) If Lessee utilizes goal posts on the Premises, Lessee shall maintain a secure
anchoring system on all goal posts used on the fields at Premises. Lessee
must repair any deficiency found in the anchoring system that impairs the safe
use of the anchoring system within forty -eight (48) hours after the need for
repair is or should have been discovered;
(H) Lessee is responsible to proper installation and use of all equipment and
improvements at Premises;
(I) Lessee must maintain First Aid kit on Premises;
(J) Lessee shall submit the attached Exhibit D, Standard of Maintenance to the
Director no later than January 31 of each year.
Section 5. Compliance with Maintenance Standards. The City Manager and the
Director, 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 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's invoice. Failure to pay the City's invoice for 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 for
Lessee's nonperformance of the maintenance.
Section 6. Sportsmanship Program. Lessee shall require that all of its coaches and at
least one family member of each youth participant shall complete a state or nationally
recognized, or Parks Director approved, parent and coach sportsmanship program.
—240—
2
Section 7. Assignment and Sublease. This Lease may not be, in whole or in part,
assigned, directly or indirectly, without the prior written consent of the City. This Lease
may be sublet only with the prior written consent of the Director. Requests to sublet the
premises must be submitted to the Director at least 30 days in advance,,
Section 8. Securing /Anchoring of Goal Posts. Lessee acknowledges and covenants
that Lessee shall be responsible, during the term of this Lease, for maintaining the
anchoring system, as set out in Section 4 above. Any change, alteration, or modification to
the anchoring system during the term of this Lease must be submitted to Director, in
writing, prior to the change, alteration or modification being made.
Section 9. 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 10. Joint Use.
(A) City retains 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 Lessee's sport program purposes. Requests for scheduled organized
activities by other organizations will be reviewed for approval or denial by the
Director and Lessee.
(B) City retains the right to use or cross the Premises with utility lines and /or
easements. City may exercise these rights without compensation to Lessee
for damages to the Premises and /or any Improvements from installing,
• maintaining, repairing, or removing the utility lines and /or easements. City
must use reasonable judgment in locating the utility lines and /or easements
to minimize damage to the Premises and /or its Improvements.
Section 11. Primary Purpose. Lessee must establish and maintain a recreational area
with the primary purpose being for the operation of a sports program described on
attached Exhibit A and for no other purpose without the Director's prior written approval.
Lessee's fundraising activities on Premises require Director's prior written approval.
Lessee's insurance must provide coverage in compliance with Section 19 for the type of
fundraising activity being proposed by Lessee.
Section 12. 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
3
—241—
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. At the termination or expiration of this Lease, all
permanent additions and alterations installed by Lessee at the Premises,
including but not limited to, fences, concession stands, goal posts and
bleachers, become property of the City without necessity of legal action.
Section 13. 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 14. 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 15. Advertising. The Director has the right to prohibit any advertising by
Lessee on Premises which impairs the reputation of the Premises or the City.
Section 16. Security. Lessee shall contract and pay for any and all security it requires
at the Premises during the term of this Lease.
Section 17. 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. The City Manager, or his designee, retains
the right to take such action as the United States may direct to enforce this non-
discrimination covenant.
Section 18. 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
—242—
4
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 19. Costs. Noncompliance with the terms herein may result in termination of
this Lease and repossession of the Premises and its Improvements by the City or its
agents. If the City undertakes legal action to enforce compliance or collect damages
resulting from noncompliance, Lessee must pay all of the City's court costs and ex-
penses, including reasonable attorneys' fees.
Section 20. Indemnity. Lessee, its officers, members, partners,
employees, representatives, agents, and licensees (collectively,
Indemnitors) covenant to fully indemnify, save, and hold
harmless the City, its 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 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's sports program; (2) the
exercise of rights under this Lease; (3) an act or omission,
negligence, or misconduct on the part of any persons having
involvement in, participation with, or business with the Premises,
Lessee, or the Lessee's sport program whether authorized with
the express or implied invitation or permission of Lessee
(collectively, Lessee's Invitees) entering upon the Premises or its
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 by Indemnitees or any them of any law, rule,
5
—243—
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 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 in all
actions based thereon with counsel satisfactory to lndemnitees,
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 21. 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 C, 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 22. No debts. Lessee shall not incur any debts nor obligations on the credit of
City during the term of this Lease.
Section 23. Termination.
(A) The City Manager may immediately terminate this Lease for cause and
without penalty if the City Manager determines, in his sole discretion, that
Lessee is no longer fulfilling the primary purpose of the Lease as set out in
Exhibit A.
—244—
6
(B) In addition, the City Manager may immediately terminate this Lease for
cause and without penalty if he determines, in its sole discretion, that Lessee
is in violation of any Federal, State, or local government law, rule, regulation,
or ordinance.
(C) Additionally, if there is noncompliance with one or more of the provisions
contained herein, the Director may give Lessee written notice to cure or
begin curing the 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, the
City Manager may terminate this Lease for cause without penalty by
providing written notice of termination and listing one or more areas of
continued noncompliance.
(D) Either City Manager or Lessee may terminate this Lease without cause
without penalty by giving thirty (30) days written notice to the non - terminating
party.
Section 24. 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; or (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 Name and address on Exhibit A
Attn: Director of Park & Recreation
P. O. Box 9277
Corpus Christi, TX 78469 -9277
Either party may change the address to which notice is sent by using a method set out
above. Lessee will notify the City of an address change within thirty (30) days after the
address is changed.
Section 25. List of Current Officers and Board of Directors, and Bylaws. Lessee
must submit its current List of Officers and Board of Directors (List) to the Director by
each January 31 of each year of this Lease. The List must contain each person's title,
name, address, home phone, and office or fax phone, and email address. Lessee must
notify Director in writing immediately if there are any changes in the Officers or Board of
Directors. Lessee must provide Director with copy of the current Bylaws, and
immediately provide Director with any amendments to the Bylaws.
Section 26. Reporting. Lessee shall submit reports listing the number of youth and
teams registered by Lessee to play sports each year during the term of this Lease. The
reports must be submitted to the Director within two weeks after the start of Lessee's
season.
7
—245—
Section 27. Construction and Reconstruction Funds.
(A) If the City receives funds to construct or reconstruct Improvements at the
Premises, Lessee covenants to vacate the Premises, should the Director
deem it necessary, upon thirty (30) days written notice from the Director.
(B) Lessee has no action for damages against nor will be compensated by the
City for loss of use of the Premises and /or Improvements. The City has no
obligation to provide an alternate location for Lessee during the Improve-
ments construction or reconstruction period. The consideration for Lessee
relinquishing all rights to use the Premises and Improvements during the
construction or reconstruction period is the City's construction or recon-
struction of the Improvements for Lessee's benefit.
(C) Once construction or reconstruction of the Improvements is complete, the
Director will notify Lessee, in writing, of the date on which the Premises
and Improvements are once again available to Lessee.
(D) Lessee's term will not change nor increase if the City requests Lessee to
vacate the Premises as set out herein.
Section 28. 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 29. 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
8
—246—
default.
Section 30. 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 sus-
pended during this period to the extent performance is reasonably affected.
Section 31. Publication. Lessee agrees to pay the cost of newspaper publication of
this Lease and related ordinance as required by the City Charter.
Section 32. 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 33. 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 un-
der 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, for it
is the definite intent of the parties to this Lease that every section, para-
graph, 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 unen-
forceable 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 34. 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 35. Landfill regulations. Lessee acknowledges that it has read and agrees to
the provisions in the attached Exhibit, Notice of Prior Use, which contains additional
provisions regarding development over closed landfill.
—247—
9
Section 36. Entirety Clause. This Lease and the attached and incorporated exhibits
constitute the entire agreement between the City and Lessee for the purpose granted.
All other agreements, promises, representations, and understandings, oral or otherwise,
with reference to the subject matter hereof, unless contained in this Lease are expressly
revoked, except for the promulgation of future maintenance rules as contemplated in
Section 4 herein above, as the parties intend to provide for a complete understanding
within the provisions of this Lease and its exhibits of the terms, conditions, promises,
and covenants governing each party's performance hereunder and as relating to
Lessee's use of the Premises.
EXECUTED IN DUPLICATE, each of which shall be considered an original, on this
the day of , 2009.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary 'Angel R. Escobar, City Manager
Approved as to legal form: *105
J-4;, , -r2n"
Lisa AguilAssistant City Attorney
For City Attorney
By:
LESSEE: Southside Youth Sports Complex
By:. AS
President l
Printed Name: ( / �°(/'clir/�O p 2t Cr .Z
Date:
STATE OF TEXAS '
COUNTY OF NUECES
/-/V- 57
is instrument was acknowledged before me on 1 i4 , 2009, by
, President of . , l - '- Yj- 19r*n behalf of said organization.
NA ry L
do '(PUU. 4 DON Nota Public DELEON
STATE OF TEXA 1 -2012
YY^^49 My Dom
her N'
Notary Public of Texas
Printed name: Ana. S • ����
Commission expires: S[fr hprz
-248-
10
EXHIBIT A
SOUTHSIDE YOUTH SPORTS COMPLEX
Property Description: Tract 2 and 4, of Evelyn Price Park
Term: January 27, 2009 to January 31, 2014
Program to be operated by Lessee: youth baseball
Notice Address for Lessee:
Southside Youth Sports Complex
Attn: Jerry Garcia
P o $ok 6133
Corpus Christi, Texas X04 7 2 t(66
-249- 11
EXHIBIT B
See attached Site map
-250-
12
LAMONT DRIVE ( 50 WIDE )
N 61.45'45" W
273.27'
N 61•47'00" W 625.3'
.5£
M ..00.0.SZ S
(3O1M,OS
2
en
r ID
• N ZI
to • I N
r
* N b
122 66
x
m
R1
m
Z
.Z▪ 1
n
•LZ162 3 .00•Lf•19 S
a,rry x
°OZ m
GOLLIHAR ROAD ( 100' WIDE)
u
w
r
0
0
ti
N
—251—
car
EXHIBIT C
INSURANCE REQUIREMENTS
LESSEE'S LIABILITY INSURANCE
A. Lessee must not commence work under this Lease until insurance required herein has been obtained and such
insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all
similar insurance required of the subcontractor has been obtained.
B. Lessee must furnish to the City's Risk Manager, (two) 2 copies of Certificates of Insurance, showing the following
minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an
additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30 -Day written notice of cancellation, non - renewal,
material change or termination is required on all
certificates.
Bodily Injury and Property Damage
Per occurrence / aggregate
Commercial General Liability including:
$1,000,000 COMBINED SINGLE LIMIT
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
C. In the event of accidents of any kind, Lessee must furnish the Risk Manager copies of all reports of any accidents
within 10 days of the accident.
II. ADDITIONAL REQUIREMENTS
A. Certificate of Insurance:
• The City of Corpus Christi must be named as an additional insured on the liability coverage, and a
blanket waiver of subrogation is required on all applicable policies.
• If your insurance company uses the standard ACORD form, the cancellation clause (bottom right)
must be amended by adding the wording "changed or' between "be" and "canceled ", and deleting the
words, "endeavor to ", and deleting the wording after "left". ".In lieu of modification of the ACORD form,
separate policy endorsements addressing the same substantive requirements are mandatory.
• The name of the project must be listed under "Description of Operations ".
• At a minimum, a 30 -day written notice of cancellation, material change, non - renewal or termination is
required.
B. If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items
1.B (1) -(7), an authorized representative of the insurance company must include a letter specifically stating
whether items 1.B. (1) -(7) are included or excluded.
-252-
13
EXHIBIT D
STANDARD OF MAINTENANCE
SPORT FIELD LEASE CHECKLIST
Due January 31
SITE: INSPECTOR:
ADDRESS: Date:
Please fill out whatever pertains to your Sports league, please use comment box
below to describe your sports field if it's not listed.
All Leases Sport League will be expected to complete this self- inspection checklist form
annually. Due date will be January of the upcoming year.
Each league is responsible for their self inspection. If the inspection is not submitted to
the City of Corpus Christi Parks and Recreation Department, 1201 Leopard, Corpus
Christi, Texas 78401 by January 31 the League will be assessed a fee of $500.00 per
site and the City will do the inspection.
Check "NO" if repairs are not necessary; "YES" if repairs are necessary. A comment is
required for any "YES" answer.
PLAYING SURFACE: Baseball Field, Soccer Field, Football Field, Softball Playing
Field,
Yes No
[ ] [ ] 1. Maintenance equipment such as rakes, hoses, etc. are stored correctly.
[ ] [ ] 2. Litter and unsafe debris is picked up around the field and player /spectator
areas.
[ ] [ ] 3. The supply and location of waste cans are adequate.
[ ] [ ] 4. Sprinkler heads, drainage grates, valve boxes, etc. in the field are grade level
and /or do not have sharp edges or unsafe protrusions.
[ ] [ ] 5. Recurring accidents from players running into surrounding objects such as
fencing, light posts, bleachers,etc.
[ ] [ ] 6. Our facility complies with industry recommended field design specifications.
[ ] [ ] 7. Playing field is level
[ ] [ ] 8. Playing surface is safe. (no holes or unsteady surfaces)
COMMENTS
—253—
BASES AND ANCHORING: Baseball Field, Soccer Field, Football Field, Softball
Playing Field,
Yes No
[ ] [ ] 1. The bases or goal are installed according to the manufacturer's
requirement.
[ ] [ ] 2. The bases or goals are secure and safe.
COMMENTS
FENCING area around the following: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] [ ] 1. Fence posts are not loose and /or properly set in the ground.
[ ] [ ] 2. Fence posts are not on the inside of the playing area fence.
[ ] [ ] 3. Concrete footings are not exposed above ground.
[ ] [ ] 4. Fencing is securely attached to the fence posts with no loose or broken ties.
[ ] [ ] 5. There are not unsafe gaps under fencing.
[ ] [ ] 6. Wire ends of chain link fencing are not exposed along the top.
[ ] [ ] 7. There are not damaged portions of fencing that are loose, sharp, protruding, or
unsafe.
[ ] [ ] 9. Gates are not left open during games.
[ ] [ ] 10. Backstops and goals not meet industry recommended specifications.
COMMENTS
TURF AREAS for the following: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] [ ] 1. There are not unsafe bare spots in turf with a hard soil surface
exposed.
[ ] [ ] 2. The surface is level.
[ ] [ ] 3. Soil is properly draining for safe running surface.
[11 ] 4. Turf is uniform in texture, density, or height making an unsafe playing
surface.
[ ] [ ] 5. Turf irrigation is properly installed and working.
[ ] [ ] 6. Weeds are not present with thorns, bristles, or burrs.
—254—
7. Moles, gophers or other animals have not caused mounds or holes.
8. No hazardous ruts are present.
9. Permanent materials used to mark foul lines (i.e., white boards or fire
hose) are not protruding from the surface.
COMMENTS
LIGHTING for the following areas: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] [] 1. The lighting was designed, installed and inspected by properly trained
engineers or technicians.
[ ] [ ] 2. There are burned out lights.
[ ] [ ] 3. The beam direction of the lights are properly adjusted.
[ ] [ ] 4. The lighting foot - candles meet industry recommended specifications.
COMMENTS
BLEACHERS for the following areas: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] [ ] 1. The nuts and bolts on the bleachers are not loose, missing, or protruding.
[ ] [ ] 2. The guard rails are not loose or missing.
[11] 3. The plank or railing end caps are loose or missing.
[11] 4. Wooden planks are not worn out or splintered.
[ ] [] 5. There are not hazardous protrusions or sharp edges.
COMMENTS
—255—
TITLE 30
PART 1
QUALITY
CHAPTER 330
SUBCHAPTER T
TEXAS ADMINISTRATIVE CODE
Environment Quality
TEXAS COMMISSION ON ENVIRONEMENTAL
Municipal Solid Waste
Use of Land over Closed Municipal Solid Waste Landfills
Rule 330.951 Definitions.
Unless otherwise noted, all terms contained in this section are defined by their plain
meaning. This section contains definitions that are applicable only to this subchapter and
that supersede definitions in §330.3 of this title (relating to Definitions) where those
terms appear in this subchapter. As used in this subchapter, words in the singular include
the plural and words in the plural include the singular. The following words and terms,
when used in this subchapter, have the following meanings.
(1) Alteration - -Minor changes and standard redesign activities common in residential
and commercial structures, such as moving walls and doors, that will not affect the
foundation or increase the horizontal extent of the foundation.
(2) Authorization - -A written approval issued by the executive director that, by its
conditions, may allow the disturbance of the integrity of the final cover.
(3) Closed municipal solid waste landfill - -A permitted or previously permitted
municipal solid waste landfill, a municipal solid waste landfill which has never been
permitted, or a dumping area as defined in this section, which stopped receiving waste
and completed the closure activities.
(4) Closure plan- -A plan addressing the placement of a final cap on a closed municipal
solid waste landfill where waste is exposed or the existing cap is inadequate.
(5) Construction- -The inception of an activity that provides improvements necessary for
the utilization of an enclosed structure.
(6) Develop and/or development - -Any activity on or related to real property that is
intended to lead to the construction or alteration of an enclosed structure for the use
and /or occupation of people for an industrial, commercial, or public purpose or to the
construction of residences for three or more families, including subdivisions that will
include single - family homes and duplexes.
(7) Development permit - -A written permit issued by the executive director that, by its
conditions, may authorize a person or persons to develop an enclosed structure over a
closed municipal solid waste landfill unit. The development permit does not supersede
local building and development permits, but is an additional permit.
(8) Dumping area - -An non - permitted area of land or an excavation with unknown
boundaries or which have had the boundaries determined through subsequent
investigation that has received only municipal solid waste or municipal solid waste
combined with other solid wastes, including but not limited to, construction/demolition
waste, commercial solid waste, nonhazardous sludge, conditionally exempt small -
quantity generator hazardous waste, and industrial solid waste, and that is not a land
1
—256—
treatment unit, surface impoundment, injection well, or waste pile as those terms are
defined in §330.3 of this title (relating to Definitions).
(9) Enclosed structure or structure- -Any permanent structure that is intended to be or
has the potential of being used or occupied by people for an industrial, commercial,
public, or residential purpose.
(10) Essential improvements - -All improvements and appurtenances including, but not
limited to, the excavations for the structure, installation of utilities, on -site wastewater
disposal facilities, grading and drainage improvements, access drives and parking lots,
foundation, security, fencing, landscape plantings, and irrigation systems necessary for
the utilization of an enclosed structure.
(11) Existing structure- -Any enclosed structure that began development prior to
September 1, 1993.
(12) Permitted development - -An enclosed structure or group of enclosed structures that
have been issued a development permit.
(13) Post - closure care- -The period of time beginning with the professional engineer
certification of completing final closure activities as accepted by the executive director in
accordance with § §330.453(0, 330.455(c), or 330.457(0(5) of this title (relating to
Closure and Post - Closure) and ending with the professional engineer certification of
completion of post - closure care maintenance as accepted by the executive director in
accordance with §330.463 of this title (relating to Post - Closure Care Requirements).
Monitoring and maintenance activities are required during the post - closure care period in
accordance with §330.463 of this title.
(14) Post - closure care landfills - -A municipal solid waste landfill facility that has
received a municipal solid waste permit under §330.7 of this title (relating to Permit
Required) and is currently in the post - closure care period as defined in this section.
(15) Registration - -A document issued by the executive director regarding submitted
information for an existing enclosed structure built over a closed municipal solid waste
landfill unit that does not require a development permit.
(16) Site operating plan - -A prepared document that provides guidance for operations
and procedures necessary to maintain human safety and environmental protection at the
development, permitted development, or existing structure in a manner consistent with
the development permit and the commission's regulations.
(17) Structures gas monitoring plan- -A document prepared by a licensed professional
engineer that provides procedures to ensure the detection of landfill gases and the
prevention of migration of landfill gases into enclosed structures.
Rule 330.952. Applicability and Exemptions.
(a) Applicability. The requirements in this subchapter apply to:
(1) persons owning, leasing, or developing property overlying a closed municipal solid
waste landfill as defined by §330.951 of this title (relating to Definitions), except as noted
in subsection (b) of this section; and
(2) persons developing a tract of land greater than one acre, except as noted in
subsection (b) of this section;
—257—
(b) Exemptions. The following persons shall be exempt from certain requirements of this
subchapter.
(1) An owner of property constructing a single - family or double - family home, other
than a developer of a housing subdivision, shall be exempt from §330.953 of this title
(relating to Soil Test Required before Development), §330.954 of this title (relating to
Development Permit, Development Authorization, and Registration Requirements,
Procedures, and Processing), and §330.961 of this title (relating to Operational
Requirements for an Enclosed Structure Over a Closed Municipal Solid Waste Landfill
Unit or a Municipal Solid Waste Landfill in Post - Closure Care).
(2) An owner of an existing structure built over a closed municipal solid waste landfill
unit and that is a single - family or double - family home shall be exempt from §330.954 of
this title and /or §330.959 of this title (relating to Contents of Registration Application for
an Existing Structure Built Over a Closed Municipal Solid Waste Landfill Unit) and
§330.961 of this title
Rule 330.953 Soil Test Required before Development.
a) A person may not undertake the development of a tract of land that is greater than one
acre in area unless the person conducts a soil test prior to or during development and
construction. The soil test is intended to determine if a landfill exists on the property
planned for development.
(b) A soil test under this section shall be conducted by a licensed professional engineer.
(c) The licensed professional engineer must choose one of the following tests.
(1) Test I. The licensed engineer shall observe all subsurface disturbances, undertaken
for whatever reason, during development through the completion of the foundation. A
subsurface investigation prior to construction is not required by Test I.
(2) Test II. A subsurface investigation undertaken for the purpose of finding a closed
municipal solid waste landfill unit. The investigation must incorporate a sufficient
number of borings or excavations, the number of which shall be determined on a site -
specific basis by the licensed professional engineer. Each boring or excavation shall be to
a minimum depth of ten feet.
(3) Test III. A subsurface investigation conducted at the development site for
geotechnical or environmental purposes, or a housing and urban development test for a
homeowner's warranty.
(d) In accordance with Texas Health and Safety Code, §361.538(c), any engineer who
conducts a soil test and determines that part of the tract overlies a closed municipal solid
waste landfill shall notify the following persons of that determination within 30 days of
the completion of the test:
(1) each owner and each lessee of the tract;
(2) the executive director;
(3) local government officials with the authority to disapprove the application for
development; and
(4) the regional council of governments.
3
—258—
(e) The responsible engineer shall affix his seal, signature, and date of execution to the
soil test results as required by the Texas Engineering Practice Act, § 15c, and in
accordance with 22 TAC §131.166 (relating to Engineer's Seal).
(1) All soil test excavations where waste is removed shall be backfilled and compacted
with clean high - plasticity or low- plasticity clay. The excavation shall be backfilled to
exceed the existing grade and provide positive drainage.
Rule 330.954. Development Permit, Development Authorization, and Registration
Requirements, Procedures and Processing.
a) Permit required for development over a closed municipal solid waste (MSW) landfill
unit.
(1) No person may commence or continue physical construction of an enclosed structure
over a closed MSW landfill as defined in §330.951 of this title (relating to Definitions)
without first submitting a development permit application in accordance with §330.956 of
this title (relating to Application for Proposed or Existing Constructions Over a Closed
Municipal Solid Waste Landfill Unit, General Requirements) and receiving a
development permit issued by the executive director, except as noted in paragraph (7) of
this subsection. The permit issued by the executive director under this subchapter is a
development permit and not a permit for the management of solid waste. A permit
application for a development permit shall comply with those requirements in this
subchapter. A permit application to manage MSW shall comply with the applicable
sections of Chapter 281 and Chapter 305 of this title (relating to Applications Processing
and Consolidated Permits), and Subchapters A - M of this chapter.
(2) A development permit is required for construction of an enclosed structure over a
closed MSW landfill that had received a permit under §330.7 of this title (relating to
Permit Required) and had its permit revoked at the end of the post - closure care period in
accordance with §305.67 of this title (relating to Revocation and Suspension upon
Request or Consent) or for construction of an enclosed structure over a non - permitted
closed MSW landfill. The exact waste boundary may be determined through soil boring
tests in accordance with §330.953 of this title (relating to Soil Test Required before
Development), or through alternative investigation methods approved by the executive
director.
(3) A development permit for construction of an enclosed structure is required for an
entire property that includes a closed MSW landfill with unknown boundaries as defined
in §330.951 of this title.
(4) The permit application under this subchapter must be received at Least 45 days prior
to the proposed commencement of construction over the closed MSW landfill unit.
(5) If a person directs an engineer to conduct Soil Test I, and the soil test reveals the
existence of a closed MSW landfill unit after the commencement of construction,
construction of the enclosed structure being built over the waste area shall cease
immediately, and a permit application shall be submitted and a development permit
issued before construction of the enclosed structure over the waste area unit can resume.
4
—259—
The person may proceed with construction and development of other facilities, including
those items listed in the definition of essential improvements.
(6) If a person directs an engineer to conduct either Soil Test II or Soil Test III and the
engineer discovers a closed MSW landfill unit as a result of the test, the person shall
submit a permit application. Development of an enclosed structure over the closed
landfill unit cannot begin until a development permit is issued.
(7) If a person directs an engineer to conduct either Soil Test II or Soil Test III and the
engineer does not detect a closed MSW landfill unit as a result of the test, but
subsequently discovers a closed MSW landfill unit during the development, the person is
not required to submit a permit application but must meet the provisions of §330.959 of
this title (relating to Contents of Registration Application for an Existing Structure Built
Over a Closed Municipal Solid Waste Landfill Unit).
(8) As part of the application, the owner shall provide the name and physical and
mailing addresses of a public building with normal operating hours such as library, city
hall, or county courthouse where the application can be viewed by the general public. The
facilities where the permit can be viewed shall be in compliance with all applicable
requirements of the Americans with Disabilities Act. The application shall also include
an adjacent landowner List.
(b) Review and approval of permit application.
(I) Notice of the opportunity to request a public meeting for an application shall be
provided not later than 45 days of the executive director's receipt of the application in
accordance with the procedures contained in §39.501(c) of this title (relating to
Application for Municipal Solid Waste Permit). The owner or operator and the
commission shall hold a public meeting in the local area, prior to facility authorization, if
a public meeting is required based on the criteria contained in §55.154(c) of this title
(relating to Public Meetings). This section does not require the commission to respond to
comments, and it does not create an opportunity for a contested case hearing. The
purpose of the public meeting is for the public to provide input for consideration by the
commission, and for the applicant and commission staff to provide information to the
public.
(2) The commission shall notify the owner by mail of the date and time of the meeting .
(3) The commission shall require the applicant to publish notice of the meeting in a
newspaper that is generally circulated in each county in which the property proposed for
development is located. The published notice must appear at least once a week for the
two weeks before the date of the meeting. The commission shall also notify all
individuals on the list of adjacent landowners at least 15 days prior to the meeting. The
notice shall list the location, date, and time of the public meeting, and the location of the
public building where the development permit application can be viewed.
(4) The executive director's staff will conduct the public meeting at the designated
location. The owner will make a presentation of the application, the executive director's
staff will describe the development permit, and public comment will be received. The
public meeting is not an evidentiary proceeding.
(5) On or before the fifth day following the public meeting:
(A) the executive director will either approve or deny the development permit
application. The executive director shall base the decision on whether the application
meets each of the requirements of §330.956 of this title and §330.957 of this title
5
—260—
(relating to Contents of the Development Permit and Workplan Application). A decision
denying the permit shall state the deficiencies that were cause for the denial and any
modifications necessary to correct those deficiencies; and
(B) a person may submit in writing to the chief clerk a request to be notified of the
executive director's decision on the application.
(6) The date on which the executive director issues the order shall be construed as the
date on which notice of the decision is mailed to the owner and to each person that
requested notification of the executive director's decision in accordance with paragraph
(5)(B) of this subsection.
(7) Petition for review of executive director's decision.
(A) The owner or a person may file a petition for review not later than the tenth day
after the date the executive director issues the order. The owner or person that files a
petition shall file the petition with the chief clerk, and shall mail a copy of the petition to
the owner and to each person that requested notification of the executive director's
decision in accordance with paragraph (5)(B) of this subsection.
(B) If a petition for review is filed, the commission shall act on the petition for review
within 35 days after issuance of the executive director's order or at the next scheduled
commission meeting, whichever is later. The commission may affirm or reverse the order
issued by the executive director.
(C) A commission order ruling on a petition for review is final and effective on the
date issued.
(8) If no petition for review is filed ten days after the executive director issues a
decision, the decision is final and effective on the 1 lth day after the date the decision was
issued.
(9) If the actual cost of reviewing the permit is not equal to the application fee, the
owner will be presented with either a refund or an invoice in accordance with subsection
(a)(7) of this section. If an invoice is submitted, a development permit will not be issued
until the invoice is paid.
(10) An owner who is denied a development permit may submit a new application to the
executive director.
(c) Requirements for development over a closed MSW landfill in post - closure care.
(1) For an MSW landfill that is covered by an existing permit for the management of
solid waste received under §330.7 of this title and is currently in post - closure care, no
person may commence physical construction of an enclosed structure without submitting
a permit modification application for the closure plan and post - closure plan of the
existing permit in accordance with §305.700)(6) of this title (relating to Municipal Solid
Waste Permit and Registration Modifications), or a permit amendment application in
accordance with §305.62 of this title (relating to Amendment), and a workplan including
those items listed in §330.957 of this title, and receiving the approval from the executive
director.
(2) For an MSW landfill that is covered by an existing permit for the management of
solid waste received under §330.7 of this title and is currently in post - closure care, no
person may commence with any type of non - enclosed structures, which will result in the
disturbance, in any way, of the final cover without submitting a permit modification
application for the closure plan and post - closure plan of the existing permit in accordance
with §305.70(j)(6) of this title or a permit amendment application in accordance with
6
—261—
§305.62 of this title, and a workplan including those items listed in §330.960 of this title
(relating to Contents of Authorization Request to Disturb Final Cover Over a Closed
Municipal Solid Waste Landfill for Non - enclosed Structures), and receiving the approval
from the executive director.
(3) The executive director shall issue a decision to approve or deny the permit
modification/amendment application. The executive director shall base the decision on
whether the application meets each of the requirements of §305.70(j)(6) or §305.62 of
this title, respectively, and of §330.957 or §330.960 of this title, respectively. A decision
denying the permit modification/amendment shall state the deficiencies that were cause
for the denial and any modifications necessary to correct those deficiencies.
(d) Registration for existing structures.
(1) The owner or lessee of an existing structure that existed or began development prior
to September 1, 1993, and is built over a closed MSW landfill unit, shall submit a
registration application to the executive director. The registration application shall be
submitted to the executive director and shall include those items listed in §330.959 of this
title. This paragraph is not intended to require that owners and lessees of enclosed
structures initiate investigations for closed MSW landfills.
(2) A registration issued by the executive director under this subchapter is not a
registration for the management of solid waste. A registration application for an existing
structure shall comply with those requirements in this subchapter. A registration
application to manage MSW shall comply with the applicable sections of Chapter 281
and Chapter 305 of this title and Subchapters A - M of this chapter.
(3) The owner shall submit the registration within 180 days from the determination that
the structure overlies a closed MSW landfill.
(4) Upon receipt of written approval of the structures gas monitoring plan or approval
with modifications to the plan from the executive director, the owner or lessee of the
existing structure shall implement the plan in accordance with its approved schedule.
(e) Authorization to disturb final cover for non - enclosed structures.
(1) The integrity of the final cover of a closed MSW landfill shall not knowingly be
violated, disturbed, altered, removed, or interrupted in any way without the prior
authorization of the executive director, except where soil tests are being performed in
accordance with §330.953 of this title.
(2) Penetrations of the final cover or liner systems will not be allowed without the prior
authorization of the executive director. These include, but are not limited to, borings,
piers, spread footings, foundations for light standards, fence posts, anchors, deadman
anchors, manholes, on -site disposal systems, recreational facilities, and any other kind of
non - enclosed structures.
(3) An authorization to disturb final cover issued by the executive director under this
subchapter is not an authorization for the management of solid waste. An application for
authorization shall comply with those requirements in this subchapter.
(4) The authorization request must be received at least 45 days prior to the proposed
commencement of construction over the closed MSW landfill unit.
Rule 330.955 Miscellaneous.
—262—
7
(a) An enclosed area to be occupied by people under the natural grade of the land or
under the grade of the final cover of the closed municipal solid waste (MSW) landfill will
not be allowed.
(b) The executive director may require that additional soil layers or building pads be
placed on the final cover prior to the initiation of any construction activity or structural
improvements in order to protect the integrity and function of the final cover, any liner(s),
any components of the containment system(s), or any monitoring system(s).
(c) The executive director may allow small amounts of solid waste removed from a
closed MSW landfill (including residuals from a soil test) to be redeposited in the closed
MSW landfill on a case -by -case basis. The workplan for developing land over a closed
MSW landfill should describe the steps taken to ensure that removed waste will be
appropriately covered or removed to an authorized waste management facility.
(d) Unauthorized pilings in or through the final cover of a closed MSW landfill are
prohibited.
(e) Unauthorized borings or other penetrations of the final cover of a closed MSW
landfill are prohibited.
(f) Any water that comes in contact with waste becomes contaminated water and has to
he_properly dischargedlnamanner_that _ uill__.not causesucface- water -or - groundwater - --
contamination.
(g) Locations where waste is removed shall be backfilled and compacted with clean high -
plasticity or low - plasticity clay. The excavation shall be backfilled to exceed the existing
grade and provide positive drainage.
(h) No waste shall be left exposed overnight.
Rule 330.956 Application for Proposed or Existing Constructions over a Closed
Municipal Solid Waste Landfill Unit, General Requirements.
(a) The application shall be submitted prior to the public meeting. The owner shall be
required to comply with the design, construction, and operating procedures proposed in
the application.
(b) The owner is responsible for providing the executive director data of sufficient
completeness, accuracy, and clarity to provide assurance that operation of the facility will
pose no reasonable probability of adverse effects to the health, welfare, or physical
property of residents and occupants of the structures, and the environment. Failure to
provide complete information as required by this subchapter may be cause for the
executive director to return the application without further action. Submission of false
information shall constitute grounds for denial or revocation of the development permit.
The owner is responsible for determining and reporting to the executive director any site -
specific conditions that require special design considerations. The proposed development
shall be in compliance with all applicable state and federal laws.
(c) The owner shall submit an application following the requirements in §330.57(e) - (h)
of this title (relating to Permit and Registration Applications for Municipal Solid Waste
Facilities).
(d) The maps submitted as a group shall show the following:
(1) the prevailing wind direction with a wind rose;
—263—
8
(2) all known water wells within 500 feet of the proposed development permit
boundary. The state well- numbering system designation for Texas Water Development
Board "Located Wells," where applicable, shall be shown;
(3) area streams, ponds, lakes, and wetlands;
(4) the property boundary of the site;
(5) drainage, pipeline, and utility easements within or adjacent to the site; and
(6) schools, licensed day care facilities, hospitals and other health care facilities within
1,000 feet of the boundaries of the known fill area.
Rule 330.957 Contents of the Development Permit and Workplan Application
a) General requirements. The application shall follow the general requirements in
§330.956 of this title (relating to Application for Proposed or Existing Constructions
Over a Closed Municipal Solid Waste Landfill Unit, General Requirements).
(b) Certification.
(1) Following the language of Texas Health and Safety Code, §361.533, the licensed
professional engineer preparing a development permit application shall include the
following certification: Certification of No Potential Threat to Public Health or the
Environment. "I, , P.E. # , certify that the proposed
development is necessary to reduce a potential threat to public health or the environment,
or that the proposed development will not increase or create a potential threat to public
health or the environment. Further, I certify that the proposed development will /will not
damage the integrity or function of any component of the Closed Municipal Solid Waste
Landfill Unit, including, but not limited to, the final cover, containment systems,
monitoring system, or liners. This certification includes all documentation of all studies
and data on which I relied in making these determinations." (signed, sealed, and dated by
the licensed professional engineer).
(2) For landfills in post - closure care, the owner or operator of the closed municipal solid
waste (MSW) landfill unit shall submit to the executive director for review and approval
a certification, signed by an independent licensed professional engineer and including all
applicable documentation necessary to support the certification, demonstrating that:
(A) any proposed construction activities or structural improvements on the closed
MSW landfill unit or waste management area shall not disturb the integrity and function
of the final cover, any liner(s), all components of the containment system(s), and any
monitoring system(s);
(B) the post - closure activities or improvements shall not increase or serve to create any
potential threat to human health and the environment or that the proposed activities or
improvements are necessary to reduce a potential threat to human health and the
environment;
(C) any proposed modification or replacement of existing construction activities or
structural improvements on any closed MSW landfill unit or waste management area that
may disturb the integrity and function of any portion of the final cover, any liner(s), any
components of the containment system(s), or any monitoring system(s) shall not increase
nor serve to create any potential threat to human health and the environment; and
9
—264—
(D) other disturbances of a closed MSW landfill unit or waste management area if the
owner or operator submits to the executive director for review and approval, a
certification that demonstrates that the disturbance, including the removal of any waste,
shall not cause harm to the integrity and function of the final cover, any liner(s), any
components of the containment system(s), or any monitoring system(s) and shall not
increase nor serve to create any potential threat to human health or the environment. This
certification shall be signed by the owner or operator of the unit or facility and an
independent licensed professional engineer and shall include all applicable
documentation necessary for the certification.
(c) Existing conditions summary. The owner shall discuss any land use, environmental,
or special issues that affect the facility. This shall include, but not be limited to:
(1) condition of final cover;
(2) waste characterization;
(3) gas production; and
(4) potential environmental impacts.
(d) Legal authority. The applicant shall provide verification of the applicant's legal status.
Normally, this is a one -page certificate of incorporation issued by the Secretary of State.
(e) Evidence of competency. The names of the principals and supervisors of the
applicant's organization relative to the development shall be provided.
(f) Notice of appointment. The applicant shall provide a notice of appointment
identifying the applicant's engineer.
(g) Notice of coordination. The applicant shall provide notice of coordination with all
local, state, and federal government officials and agencies.
(h) Legal description. The applicant shall provide legal description of the property in
accordance with §330.59(d) of this title (relating to Contents of Part I of the Application).
(i) Site drawing. The applicant shall provide a site drawing, drawn to scale, that indicates
the location of all waste disposal areas, existing and proposed structures, creeks, and
ponds.
0) Maps. All maps shall clearly show the boundaries of the tract of land under
development and the actual fill areas
(1) General location maps. These maps shall be all Or a portion of county maps prepared
by the Texas Department of Transportation (TxDOT). At least one general location map
shall be at a scale of 1/2 inch equals one mile. If the TxDOT publishes more detailed
maps of the proposed site area, the more detailed maps shall also be included. The latest
published revision of all maps shall be used. In addition, the applicant shall provide maps
as necessary to accurately show proximity of the site to surrounding features and
structures.
(2) General topographic maps. These maps shall be United States Geological Survey 7-
1/2 minute quadrangle sheets or equivalent. At least one general topographic map shall be
at a scale of one inch equals 2,000 feet.
(k) General geology and soils statement. The application shall include a discussion in
general terms of the geology and soils of the proposed facility, including any known
pathways for leachate and landfill gas migration.
(1) Groundwater and surface water statement. The application shall include a description
of the groundwater and surface water resources at or near the facility and how they will
be impacted by the development.
10
—265—
(m) Foundation plans. The owner shall provide foundation plans, including geotechnical
soil investigation and design reports.
(1) In order to prevent gas migration into buildings and other structures, structures shall
be designed and constructed in accordance with the following criteria.
(A) A geomembrane or equivalent system with very low gas permeability shall be
installed between the slab and the subgrade, and a permeable layer of a minimum
thickness of 12 inches, composed of an open - graded, clean aggregate material, shall be
installed between the geomembrane and the subgrade.
(B) A geotextile filter shall be utilized to prevent introduction of fine soil or other
particulate matter into the permeable layer.
(C) A landfill gas ventilation or active collection system shall be installed consistent
with the structures gas monitoring plan required by subsection (t) of this section.
(D) Perforated venting pipes or alternative venting methods approved by the executive
director shall be installed within the permeable layer and shall be designed to operate
without clogging.
(E) The venting gas devices shall be constructed to allow connection to an induced -
draft exhaust system.
(F) Automatic methane gas sensors shall be installed within the venting pipe and/or
permeable gas layer and inside the building or any other structure in order to trigger an
audible alarm when methane gas concentrations greater than 20% of the lower explosive
limit are detected.
(2) Alterations of existing structures are exempt from the requirements of paragraph (1)
of this subsection.
(3) An owner who requests suspension of gas monitoring based upon the demonstration
required by subsection (t)(1)(B) of this section, may submit to the executive director a
request for a variance from the requirements of paragraph (1) of this subsection. The
executive director shall base the decision on site - specific factors including, but not
limited to, age of the MSW landfill, type of waste deposited in the MSW landfill, and
testing methods utilized by the owner.
(n) Other plans. The application shall include the following plans:
(1) grading and drainage;
(2) irrigation systems; and
(3) a dimensional control plan of the facility relating all existing and/or proposed
enclosed structures and essential improvements of the development and the locations of
all required improvements and appurtenances to the legal description boundary of the
facility and the limits of the waste disposal area, signed and sealed by a registered
professional land surveyor.
(o) Soil tests. The owner shall provide all soil tests and/or other information relied upon
to make the determination that the facility was used as an MSW disposal area as required
by §330.953 of this title (relating to Soil Test Required before Development), including
procedures performed to identify the limits of the waste disposal area.
(p) Certified copies of required notices. The owner shall provide certified copies of all
notices having been made by the licensed professional engineer, by the owner, and by the
lessor /lessee in accordance with §330.953 of this title, §330.962 of this title (relating to
Notice to Real Property Records), §330.963 of this title (relating to Notice to Buyers,
Lessees, and Occupants), and §330.964 of this title (relating to Lease Restrictions).
—266—
11
(q) Closure plan. The owner shall provide a closure plan for any part of the waste
disposal area that will not have a structure built over it, including placement of the final
cover.
(r) Operational requirements plan. The owner shall provide a plan discussing the
necessary procedures and practices to be implemented and followed to ensure that the
owner meets the provisions of §330.961 of this title (relating to Operational
Requirements for an Enclosed Structure Over a Closed Municipal Solid Waste Landfill
Unit or a Municipal Solid Waste Landfill in Post - Closure Care).
(s) Site operating plan. The owner shall provide a site operating plan, which at a
minimum shall include specific guidance, procedures, instructions, and schedules for the
following:
(1) a description, including size, type, and function, of the equipment to be utilized at
the structure other than methane monitoring equipment;
(2) a detailed description of the procedures that the operating personnel shall follow to
utilize the equipment; and
(3) a plan to implement and maintain the operational requirements of §330.961 of this
title.
(t) Structures gas monitoring plan. The owner shall provide a structures gas monitoring
plan in accordance with the following.
(1) General.
(A) The owner or lessee of a new enclosed structure built or installed over a closed
MSW landfill unit shall ensure that the concentration of methane gas within the facility
structure does not exceed 20% of the lower explosive limit for methane (1.0% by volume
methane) in facility structures (excluding gas control or recovery system components)
overlying the closed MSW landfill unit.
(i) Any new enclosed structures shall contain automatic methane gas sensors
approved by the executive director and designed to trigger an audible alarm if the
volumetric concentration of methane in the air is greater than 1.0% (20% of the lower
explosive limit).
(ii) Any new enclosed structures built over a closed MSW landfill shall utilize a
ventilation system or an active gas extraction and collection system.
(B) Landfill gas monitoring requirements for a development applying for a
development permit under this subchapter may be suspended by the executive director if
the owner can demonstrate that there is no potential for migration of the landfill gases
listed in paragraph (2)(G) of this subsection. This demonstration shall be certified by a
licensed professional engineer and approved by the executive director, and shall be based
upon site - specific field - collected measurements, sampling, and analysis of physical,
chemical, and biological processes.
(2) Requirements for structures gas monitoring plan. The owner or lessee shall submit a
structures gas monitoring plan, designed by a licensed professional engineer, to the
executive director for review and approval. The plan shall ensure detection of the
presence of landfill gas entering on -site structures. All design drawings shall bear the
licensed engineer's seal and signature. The plan shall include, but not be limited to, the
following:
(A) a discussion of specific facility characteristics and potential migration pathways or
barriers in the development of the plan, including, but not limited to:
12
—267—
(i) locations of buildings and structures relative to the waste disposal area;
(ii) the nature and age of waste and its potential to generate landfill gas;
(iii) routes of entry for the intrusion of landfill gas into structures;
(iv) ignition sources within structures;
(v) the location of any utility lines or pipelines that cross, are adjacent to, or are near
the closed MSW landfill unit;
(vi) number of people occupying the structures and duration of occupation; and
(vii) depth of final cover over deposited waste;
(B) a narrative describing design characteristics of proposed structures related to
landfill gas accumulation prevention, detection, and elimination including, but not limited
to:
(i) structural;
(ii) electrical; and
(iii) mechanical;
(C) a description of the ventilation system or active gas collection and destruction
system to be utilized including engineering drawings and manufacturer's specification
sheets. Active gas collection and destruction systems shall comply with applicable parts
of §§115.152, 115.153, 115.155 - 115.157, and 115.159 of this title (relating to Control
Requirements; Alternate Control Requirements; Approved Test Methods; Monitoring and
Recordkeeping Requirements; Exemptions; and Counties and Compliance Schedule);
(D) a description of landfill gas monitoring equipment to be used in existing and
proposed structures, complete with manufacturer's specification sheets;
(E) a detailed implementation schedule for the installation of landfill gas monitoring
equipment;
(F) a sampling and analysis plan for determining landfill gas components, which
includes provisions for:
(i) sample withdrawal equipment and techniques;
(ii) sampling protocol for field measurements of diluted gas emissions; and
(iii) a quality assurance /quality control sampling plan to include, but not be limited to:
(I) field sampling;
(II) analytical methods;
(III) quality control samples and methods;
(IV) laboratory data reduction; and
(V) documentation required; and
(G) a complete analysis of the landfill gas to include, but not be limited to:
(i) a mass balance analysis for major components such as methane, other light
hydrocarbons, carbon monoxide, and water vapor measured with fairly high precision
(i.e., 5.0% - 10% relative error);
(ii) trace analyses for hydrogen sulfide, mercaptans, and ammonia; and
(iii) analysis for volatile organic compounds using an evacuated steel canister
collection device (similar to United States Environmental Protection Agency Method
TO14) and gas chromatography /mass spectrometry detection system.
(u) Safety and evacuation plan. The owner shall provide a plan describing evacuation
procedures and safety measures in the event the methane gas sensors sound the audible
alarms.
—268—
13
Rule 330.958 Construction Plans and Specifications
Construction plans and specifications of the proposed or modified structure shall be
prepared and maintained at the structure at all times during construction. After
completion of construction, one set of as -built construction plans and specifications shall
be maintained at the permitted development. Plans maintained at the structure shall be
made available for inspection by executive director representatives.
Rule 330.959 Contents of Registration Application for an Existing Structure Built
Over a Closed Municipal Solid Waste Landfill
a) The application shall follow the general requirements as set forth in §330.956 of this
title (relating to Application for Proposed or Existing Constructions Over a Closed
Municipal Solid Waste Landfill Unit, General Requirements).
(b) The registration application shall consist of the following:
(1) a legal description as set forth in §330.957(e) of this title (relating to Contents of the
Development Permit and Workplan Application);
(2) certified copies of all notices having been made by the owner and the lessor /lessee in
accordance with §330.962 of this title (relating to Notice to Real Property Records),
§330.963 of this title (relating to Notice to Buyers, Lessees, and Occupants), and
§330.964 of this title (relating to Lease Restrictions);
(3) plans and drawings as set forth in §330.957(i), (j), and (n)(3) of this title;
(4) a site operating plan as set forth in §330.957(s) of this title;
(5) a structures gas monitoring plan:
(A) General.
(i) The owner or lessee of an existing structure built over a closed municipal solid
waste landfill unit shall ensure that the concentration of methane gas generated by the
landfill does not exceed 20% of the lower explosive limit for methane (1.0% by volume
methane in air) in facility structures (excluding gas control or recovery system
components). Any enclosed structures shall contain automatic methane gas sensors
approved by the executive director and designed to trigger an audible alarm if the
volumetric concentration of methane in the air is greater than 1.0 %.
(ii) Landfill gas monitoring requirements for a registration under this section may be
suspended by the executive director as provided for in §330.957(t)(1)(B) of this title.
(B) Requirements for structures gas monitoring plan. The owner or lessee shall submit
a structures gas monitoring plan, designed by a licensed professional engineer, to the
executive director for review and approval. The plan shall ensure detection of the
presence of landfill gas entering on -site structures. All design drawings should bear the
licensed engineer's seal and signature. The plan shall include, but not be limited to, the
following:
(i) an analysis of specific facility characteristics and potential migration pathways or
barriers as set forth in §330.957(t)(2)(A) of this title;
(ii) a facility drawing, drawn to scale, which indicates the location of all waste
disposal areas, existing structures, creeks, and ponds;
—269—
14
(iii) a narrative describing modifications to the existing structures including, but not
limited to, the following:
(I) structural;
(II) electrical;
(III) mechanical; and
(IV) landfill gas monitoring equipment including manufacturer's specification sheets
and any gas ventilation or active gas extraction systems if the development utilizes such
systems;
(iv) a detailed implementation schedule for the installation of landfill gas monitoring
equipment;
(v) a sampling and analysis plan as set forth in §330.957(t)(2)(F) of this title; and
(vi) a landfill gas analysis as set forth in §330.957(t)(2)(G) of this title; and
(6) a safety and evacuation plan describing evacuation procedures and safety measures
in the event the methane gas sensors sound the audible alarms.
Rule 330.960 Contents of Authorization Request to Disturb Final Cover over a
Closed Municipal Solid Waste Landfill for Non - enclosed Structures.
The owner of a property that includes a closed municipal solid waste landfill shall not
disturb the final cover without prior written approval from the executive director. The
authorization request shall include the following:
(1) a certification as set forth in §330.957(b) of this title (relating to Contents of the
Development Permit and Workplan Application);
(2) the existing conditions summary as set forth in §330.957(c) of this title;
(3) proposed project description including location related to the closed landfill;
(4) description of the construction/investigation process including, but not limited to,
work schedule and safety issues during construction;
(5) description of the procedures for water and/or methane monitoring and excavated
material disposal during construction;
(6) maps and drawings, site drawing, and general location map to indicate the landfill
location; and
(7) engineering plans, sealed and signed by a licensed professional engineer indicating
the proposed project description and its location relative to the landfill.
Rule 330.961 Operational Requirements for an Enclosed Structure over a Closed
Municipal Solid Waste Landfill Unit or a Municipal Solid Waste Landfill in Post -
Closure Care
(a) General.
(1) The development permit or registration, the site operating plan, any closure plan, the
structures gas monitoring plan, the safety and evacuation plan, and all other documents
and plans required by this subchapter shall become operational requirements and shall be
—270—
15
considered a part of the operating record of the development or structure. A copy of these
documents shall be maintained on site in an office at the permitted /registered
development.
(2) The owner, operator, or lessee shall retain the operating record for the life of the
structure.
(3) Any deviation from the development permit/registration and incorporated plans or
other related documents associated with the development permit or registration without
approval of the executive director is a violation of this subchapter.
(4) The development permit or registration holder shall notify the executive director,
and any local pollution agency with jurisdiction that has requested to be notified, of any
incident involving the facility relative to the development permit or registration and
provisions for the remediation of the incident.
(b) Landfill gas control. All landfill gases shall be monitored in accordance with the
structures gas monitoring plan prepared as set forth in §330.957 of this title (relating to
Contents of the Development Permit and Workplan Application) and §330.959 of this
title (relating to Contents of Registration Application for an Existing Structure Built Over
a Closed Municipal Solid Waste Landfill Unit).
(1) Landfill gas monitoring.
(A) The owner or lessee of a new structure to be built or an existing structure built over
a closed municipal solid waste (MSW) landfill unit shall provide equipment for
monitoring on -site structures, including, but not limited to, buildings, subsurface vaults,
utilities, or any other areas where potential gas buildup would be of concern.
(B) Monitoring on -site structures may include, but is not limited to, periodic
monitoring using either permanently installed monitoring probes or continuous
monitoring systems.
(C) Structures located on top of the waste area shall be monitored on a continuous
basis, and monitoring equipment shall be designed to trigger an audible alarm if the
volumetric concentration of methane in the sampled air is greater than 1% within the
venting pipe or permeable layer, and/or inside the structure. When practical, structures
should be monitored after they have been closed overnight or for the weekend to allow
for an accurate assessment of gas accumulation.
(D) Areas of the structure where gas may accumulate should be monitored and include,
but are not limited to, areas in, under, beneath, and around basements, crawl spaces, floor
seams or cracks, and subsurface utility connections.
(E) Gas monitoring and control systems shall be modified as needed to reflect
modifications to the structure.
(2) Reporting.
(A) All on -site structures shall be sampled for methane on a monthly basis. All
monthly sampling results shall be placed in the operating record of the facility in
accordance with §330.125(b)(3) of this title (relating to Recordkeeping Requirements)
and be made available for inspection by the executive director, and any local pollution
agency with jurisdiction that has requested to be notified, in accordance with §330.125(c)
of this title. If methane gas levels exceeding the limits specified in paragraph (1) of this
subsection are detected, the owner, operator, or lessee shall notify the executive director
and take action in accordance with §330.371(c) of this title (relating to Landfill Gas
Management).
16
—271—
(B) Sampling for specified trace gases may be required by the executive director when
there is a possibility of acute or chronic exposure due to carcinogenic or toxic
compounds.
(c) Air criteria.
(1) The closed MSW landfill is subject to commission jurisdiction concerning burning
and air pollution control. The owner shall ensure that the closed MSW landfill does not
violate any applicable requirement of the approved state implementation plan.
(2) Ventilation of the closed MSW landfill and any enclosed structures shall be provided
in accordance with all appropriate commission rules.
(d) Ponded water. The ponding of water over waste in the closed MSW landfill unit,
regardless of its origin, shall be prevented. Ponded water that occurs on a closed MSW
landfill unit shall be eliminated as quickly as possible and the area in which the ponding
occurred shall be filled in and regraded within seven days of the occurrence.
(e) Water pollution control. Surface drainage in and around the structure shall be
controlled to minimize surface water running onto, into, and off the closed MSW landfill.
(0 Groundwater monitoring. Groundwater monitoring may be required by the executive
director and shall be conducted in accordance with the requirements of Subchapter J of
this title (relating to Groundwater Monitoring and Corrective Action).
(g) Conduits. All conduits intended for the transport or carrying of fluids over or within
the closed MSW landfill shall be double - containment (split casings shall not be used). To
the extent possible, all such utilities shall be in fill material placed over the upgraded final
cover.
(h) Recordkeeping requirements.
(I) The owner or lessee shall promptly record and retain in the operating record the
following information:
(A) all results from gas monitoring and any remediation plans pertaining to explosive
and other gases;
(B) all unit design documentation for the placement of gas monitoring systems and
leachate or gas condensate removal or disposal related to the closed MSW landfill unit;
(C) copies of all correspondence and responses relating to the development permit;
(D) all documents relating to the operation and maintenance of the building, facility, or
monitoring systems as they relate to the development permit; and
(E) any other document(s) as specified by the approved development permit or by the
executive director.
(2) The owner, operator, or lessee shall provide written notification to the executive
director, and any local pollution agency with jurisdiction that has requested to be notified,
for each occurrence that documents listed in subsection (h) of this section are placed into
or added to the operating record. All information contained in the operating record shall
be furnished upon request to the executive director and shall be made available at all
reasonable times for inspection by the executive director or his representative.
Rule 330.962 Notice to Real Property Records
a) Owner of property. An owner of property that overlies a closed municipal solid waste
(MSW) landfill shall prepare and file for record in the real property records in the county
where the land is located a written notice stating:
—272—
17
(1) the former use of the land;
(2) the legal description of the tract of land that contains the closed MSW landfill, and at
the owner's discretion, the portion of the tract of land that contains the closed MSW
landfill;
(3) notice that restrictions on the development or lease of the land exist in Texas Health
and Safety Code, Chapter 361, Subchapter R and this subchapter; and
(4) the name of the owner.
(b) Local government official. A local government official who receives notice under
§330.953 of this title (relating to Soil Test Required before Development) that a closed
MSW landfill exists on a tract of land shall prepare and file for record in the real property
records in the county where the land is located a written notice stating:
(1) the legal description of the tract of land that contains the closed MSW landfill;
(2) the current owner of the tract;
(3) notice of the tract's former use as an MSW landfill unit; and
(4) notice that restrictions on the development or lease of the land exist in Texas Health
and Safety Code, Chapter 361, Subchapter R and in this subchapter.
Rule 330.963 Notice to Buyers, Lessees, and Occupants
(a) An owner of land that overlies a closed municipal solid waste (MSW) landfill shall
prepare a written notice stating the former use of the facility, the legal description of
property, notice of the restrictions on the development or lease of the land imposed by
this subchapter and Texas Health and Safety Code, Chapter 361, Subchapter R, and the
name of the owner. The owner shall file for record the notice in the real property records
of the county in which the property is located.
(b) An owner of land that overlies a closed MSW landfill shall notify each lessee and
each occupant of a structure that overlies the unit of:
(1) the land's former use as a landfill; and
(2) the structural controls in place to minimize potential future danger posed by the
closed MSW landfill.
Rule 330.964 Lease Restrictions
This section is not intended to require that owners and lessees of property initiate
investigations for closed municipal solid waste (MSW) landfills. A person may not lease
or offer for lease property that overlies a closed MSW landfill unit unless:
(1) existing development on the land is in compliance with this subchapter; or
(2) the person gives notice to the prospective lessee of what is required to bring the
property and any development on the property into compliance with this subchapter and
the prohibitions or requirements for future development imposed by this subchapter and
by any development permit issued for development of the property under this subchapter.
—273—
18
Page 1 of 2
AN ORDINANCE
ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS
DESIGNEE, TO AMEND THE LEASE AGREEMENT WITH SPARKLING
CITY GIRLS FASTPITCH LEAGUE, A NON - PROFIT ORGANIZATION,
FOR THE USE OF GREENWOOD /HORNE ROAD YOUTH SPORTS
COMPLEX FOR ITS SOFTBALL PROGRAM TO END IN JANUARY
2012; PROVIDING FOR SEVERANCE; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI
TEXAS THAT
SECTION 1. The City Manager or his designee is authorized to amend the Lease
Agreement with Sparkling City Girls Fastpitch League, a non - profit organization, for the
use of Greenwood /Horne Road Youth Sports Complex for its softball program to end in
January 2012. A copy of the lease is on file 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. That upon written request of the Mayor or five Council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter Rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the day of February, 2009.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved: February 2, 2009
Si
By: iK
Lisa Aguilar
Senior Assistan ity Attorney
For City Attorney
Henry Garrett
Mayor
C: \DOCUME- 1\Jeannie \LOCALS -1\ Temp\ ORD- AmendLeasef rklingCityFastPitch- GreenwoodHorne.doc
Page 2of2
Corpus Christi, Texas
Day of 2009
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: I /we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Henry Garrett
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel)
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
C: \DOCUME- 1\Jeannie \LOCALS -1\ Temp\ ORD- AmendLeastSy klingCityFastPitch- GreenwoodHome.doc
LEASE AGREEMENT
BETWEEN THE CITY OF CORPUS CHRISTI AND SPARKLING CITY GIRLS
FASTPITCH
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 "), and Sparkling City Girls Fastpitch ( "Lessee "),
a nonprofit organization, acting through its duly authorized President of Lessee.
WHEREAS, the City owns property described on the attached Exhibit A, which said
property is located in Corpus Christi, Nueces County, Texas, a portion of which will be
known as the "Premises ";
WHEREAS, the Lessee desires to use the Premises for program described on the
attached Exhibit A; and
WHEREAS, the City desires to allow Lessee to use the Premises for said program;
NOW, THEREFORE, the City 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 as described on the attached exhibit, beginning on day of City Council
approval, ( "Effective Date ") which is unless sooner
terminated as set out herein. Upon Effective Date, this lease terminates the prior leases
between the parties for use of said Premises.
Section 2. Contact Person /Lease Administrator. For this Lease, the City's contact
person and lease administrator is the Director of Park and Recreation or designee
( "Director ").
Section 3. Premises and Improvements. City leases to Lessee the Premises, as
described and delineated in Exhibit B 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 operate the program described on Exhibit A
and must 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, and irrigation
systems, if any are present or installed on the Premises.
—276—
1
(C) Lessee must immediately report any vandalism to the Director, or designee,
and the Corpus Christi Police Department, Nueces County, Texas;
(D) Lessee shall ensure that parking is confined to on- street parking only, or
designated parking lots but no parking is to be allowed on grass;
(E) Lessee will provide normal, scheduled mowing of the Premises. Lessee will be
responsible for maintaining the fields as set out in 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;
(F) Lessee shall maintain the fields within the Premises boundary lines. Grass on
the fields must not exceed three (3) inches. Lessee must mow the 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 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) If Lessee utilizes goal posts on the Premises, Lessee shall maintain a secure
anchoring system on all goal posts used on the fields at Premises. Lessee
must repair any deficiency found in the anchoring system that impairs the safe
use of the anchoring system within forty -eight (48) hours after the need for
repair is or should have been discovered;
(H) Lessee is responsible to proper installation and use of all equipment and
improvements at Premises;
(I) Lessee must maintain First Aid kit on Premises;
(J) Lessee shall submit the attached Exhibit D, Standard of Maintenance to the
Director no later than January 31 of each year.
Section 5. Compliance with Maintenance Standards. The City Manager and the
Director, 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 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's invoice. Failure to pay the City's invoice for 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 for
Lessee's nonperformance of the maintenance.
Section 6. Sportsmanship Program. Lessee shall require that all of its coaches and at
least one family member of each youth participant shall complete a state or nationally
recognized, or Parks Director approved, parent and coach sportsmanship program.
2
—277—
Section 7. Assignment and Sublease. This Lease may not be, in whole or in part,
assigned, directly or indirectly, without the prior written consent of the City. This Lease
may be sublet only with the prior written consent of the Director. Requests to sublet the
premises must be submitted to the Director at least 30 days in advance,
Section 8. Securing /Anchoring of Goal Posts. Lessee acknowledges and covenants
that Lessee shall be responsible, during the term of this Lease, for maintaining the
anchoring system, as set out in Section 4 above. Any change, alteration, or modification to
the anchoring system during the term of this Lease must be submitted to Director, in
writing, prior to the change, alteration or modification being made.
Section 9. 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 10. Joint Use.
(A) City retains 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 Lessee's sport program purposes. Requests for scheduled organized
activities by other organizations will be reviewed for approval or denial by the
Director and Lessee.
(B) City retains the right to use or cross the Premises with utility lines and /or
easements. City may exercise these rights without compensation to Lessee
for damages to the Premises and /or any Improvements from installing,
maintaining, repairing, or removing the utility lines and /or easements. City
must use reasonable judgment in locating the utility lines and /or easements
to minimize damage to the Premises and /or its Improvements.
Section 11. Primary Purpose. Lessee must establish and maintain a recreational area
with the primary purpose being for the operation of a sports program described on
attached Exhibit A and for no other purpose without the Director's prior written approval.
Lessee's fundraising activities on Premises require Director's prior written approval.
Lessee's insurance must provide coverage in compliance with Section 19 for the type of
fundraising activity being proposed by Lessee.
Section 12. 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
3
—278—
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. At the termination or expiration of this Lease, all
permanent additions and alterations installed by Lessee at the Premises,
including but not limited to, fences, concession stands, goal posts and
bleachers, become property of the City without necessity of legal action.
Section 13. 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 14. 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 15. Advertising. The Director has the right to prohibit any advertising by
Lessee on Premises which impairs the reputation of the Premises or the City.
Section 16. Security. Lessee shall contract and pay for any and all security it requires
at the Premises during the term of this Lease.
Section 17. 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. The City Manager, or his designee, retains
the right to take such action as the United States may direct to enforce this non-
discrimination covenant.
Section 18. 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
—279—
4
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 19. Costs. Noncompliance with the terms herein may result in termination of
this Lease and repossession of the Premises and its Improvements by the City or its
agents. If the City undertakes legal action to enforce compliance or collect damages
resulting from noncompliance, Lessee must pay all of the City's court costs and ex-
penses, including reasonable attorneys' fees.
Section 20. Indemnity. Lessee, its officers, members, partners,
employees, representatives, agents, and licensees (collectively,
Indemnitors) covenant to fully indemnify, save, and hold
harm less the City, its officers, employees, representatives, and
agents (collectively, lndemnitees) from and against all claims,
demands, actions, damages, losses, costs, liabilities, expenses,
and judgments asserted against or recovered from City 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's sports program; (2) the
exercise of rights under this Lease; (3) an act or omission,
negligence, or misconduct on the part of any persons having
involvement in, participation with, or business with the Premises,
Lessee, or the Lessee's sport program whether authorized with
the express or implied invitation or permission of Lessee
(collectively, Lessee's Invitees) entering upon the Premises or its
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 by Indemnitees or any them of any law, rule,
—280—
5
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 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 in all
actions based thereon with counsel satisfactory to lndemnitees,
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 21. 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 C, 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 22. No debts. Lessee shall not incur any debts nor obligations on the credit of
City during the e� rm of this Lease.
Section 23. Termination.
(A) The City Manager may immediately terminate this Lease for cause and
without penalty if the City Manager determines, in his sole discretion, that
Lessee is no longer fulfilling the primary purpose of the Lease as set out in
Exhibit A.
6
—281—
(B) In addition, the City Manager may immediately terminate this Lease for
cause and without penalty if he determines, in its sole discretion, that Lessee
is in violation of any Federal, State, or local government law, rule, regulation,
or ordinance.
(C) Additionally, if there is noncompliance with one or more of the provisions
contained herein, the Director may give Lessee written notice to cure or
begin curing the 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, the
City Manager may terminate this Lease for cause without penalty by
providing written notice of termination and listing one or more areas of
continued noncompliance.
(D) Either City Manager or Lessee may terminate this Lease without cause
without penalty by giving thirty (30) days written notice to the non - terminating
party.
Section 24. 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; or (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:
City of Corpus Christi
Attn: Director of Park & Recreation
P. O. Box 9277
Corpus Christi, TX 78469 -9277
Either party may change the address to which notice is sent by using a method set out
above. Lessee will notify the City of an address change within thirty (30) days after the
address is changed.
Section 25. List of Current Officers and Board of Directors, and Bylaws. Lessee
must submit its current List of Officers and Board of Directors (List) to the Director by
each January 31 of each year of this Lease. The List must contain each person's title,
name, address, home phone, and office or fax phone, and email address. Lessee must
notify Director in writing immediately if there are any changes in the Officers or Board of
Directors. Lessee must provide Director with copy of the current Bylaws, and
immediately provide Director with any amendments to the Bylaws.
Section 26. Reporting. Lessee shall submit reports listing the number of youth and
teams registered by Lessee to play sports each year during the term of this Lease. The
reports must be submitted to the Director within two weeks after the start of Lessee's
season.
IF TO LESSEE:
Name and address on Exhibit A
7
—282—
Section 27. Construction and Reconstruction Funds.
(A) If the City receives funds to construct or reconstruct Improvements at the
Premises, Lessee covenants to vacate the Premises, should the Director
deem it necessary, upon thirty (30) days written notice from the Director.
(B) Lessee has no action for damages against nor will be compensated by the
City for loss of use of the Premises and /or Improvements. The City has no
obligation to provide an alternate location for Lessee during the Improve-
ments construction or reconstruction period. The consideration for Lessee
relinquishing all rights to use the Premises and Improvements during the
construction or reconstruction period is the City's construction or recon-
struction of the Improvements for Lessee's benefit.
(C) Once construction or reconstruction of the Improvements is complete, the
Director will notify Lessee, in writing, of the date on which the Premises
and Improvements are once again available to Lessee.
(D) Lessee's term will not change nor increase if the City requests Lessee to
vacate the Premises as set out herein.
Section 28. 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 29. 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
8
—283—
default.
Section 30. Force Majeure. 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 sus-
pended during this period to the extent performance is reasonably affected.
Section 31. Publication. Lessee agrees to pay the cost of newspaper publication of
this Lease and related ordinance as required by the City Charter.
Section 32. Ca tions. The captions in this Lease are for convenience only, are not a
part of this Lease, an do not in any way limit or amplify the terms and provisions of this
Lease.
Section 33. Severabilitv.
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 un-
der 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, for it
is the definite intent of the parties to this Lease that every section, para-
graph, 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 unen-
forceable 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 34. 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 35. Landfill regulations. Lessee acknowledges that it has read and agrees to
the provisions in the attached Exhibit, Notice of Prior Use, which contains additional
provisions regarding development over closed landfill.
9
—284—
Section 36. Entirety Clause. This Lease and the attached and incorporated exhibits
constitute the entire agreement between the City and Lessee for the purpose granted.
All other agreements, promises, representations, and understandings, oral or otherwise,
with reference to the subject matter hereof, unless contained in this Lease are expressly
revoked, except for the promulgation of future maintenance rules as contemplated in
Section 4 herein above, as the parties intend to provide for a complete understanding
within the provisions of this Lease and its exhibits of the terms, conditions, promises,
and covenants governing each party's performance hereunder and as relating to
Lessee's use of the Premises.
EXECUTED IN DUPLICATE, each of which shall be considered an original, on this
the day of , 2009.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary 'Angel R. Escobar, City Manager
Approved as to legal form: .4?-1"1
Lisa Aguila , Assistant City Attorney
For City Attorney
By:
LESSEE: Sparkling City Girls Fastpitch
By: M l,_ 4 baikkdo
President
Printed Name: 1.15,3- (1 Ct I I as /G
Date: Ir /S/ oq
STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged, before me on 1 6L , 2009, by
kJ\ , (•,: I (c.rkc, President of `. i t ,./V 1 C f fr,(on behalf of said organization.
Notary Public, State,of Texas
Printed name: n no. • D e L(
$T'2>, DONNA I. DELEON
n Notary Public
VA ! STATE OF TEXAS
My Comm, Exp, D8-11-2012
Commission expires: Sjj 21-7,0/ 2-
—285—
cti
10
EXHIBIT A
Sparkling City Girls Fastpitch
Property Description: Tract or parcel of land at Youth Sports Complex
Term: January 27, 2009 to January 31, 2012
Program to be operated by Lessee: softball
Notice Address for Lessee:
Sparkling City Girls Fastpitch
Attn: League President
3901 Greenwood
Corpus Christi, Texas 78416
-286-
11
EXHIBIT B
See attached Site map
12
-287-
EXHIBIT C
INSURANCE REQUIREMENTS
LESSEE'S LIABILITY INSURANCE
A. Lessee must not commence work under this Lease until insurance required herein has been obtained and such
insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all
similar insurance required of the subcontractor has been obtained.
B. Lessee must furnish to the City's Risk Manager, (two) 2 copies of Certificates of Insurance, showing the following
minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an
additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30 -Day written notice of cancellation, non - renewal,
material change or termination is required on all
certificates.
Bodily Injury and Property Damage
Per occurrence / aggregate
Commercial General Liability including:
$1,000,000 COMBINED SINGLE LIMIT
1. Commercial Form
2. Premises - Operations
3. Products/ Completed Operations Hazard
4. Contractual Liability
5. Broad Form Property Damage
6. Independent Contractors
7. Personal lnjury
C. In the event of accidents of any kind, Lessee must fu nish the Risk Manager copies of all reports of any accidents
within 10 days of the accident.
II. ADDITIONAL REQUIREMENTS
A. Certificate of Insurance:
• The City of Corpus Christi must be named as an additional insured on the liability coverage, and a
blanket waiver of subrogation is required on all applicable policies.
• If your insurance company uses the standard ACORD form, the cancellation clause (bottom right)
must be amended by adding the wording "changed or" between "be" and "canceled ", and deleting the
words, "endeavor to ", and deleting the wording after "left". ".In lieu of modification of the ACORD form,
separate policy endorsements addressing the same substantive requirements are mandatory.
• The name of the project must be listed under "Description of Operations ".
• At a minimum, a 30 -day written notice of cancellation, material change, non - renewal or termination is
required.
B. If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items
1.B (1) -(7), an authorized representative of the insurance company must include a letter specifically stating
whether items 1.B. (1) -(7) are included or excluded.
13
-289-
EXHIBIT D
STANDARD OF MAINTENANCE
SPORT FIELD LEASE CHECKLIST
Due January 31
SITE: INSPECTOR:
ADDRESS: Date:
Please fill out whatever pertains to your Sports league, please use comment box
below to describe your sports field if it's not listed.
All Leases Sport League will be expected to complete this self- inspection checklist form
annually. Due date will be January of the upcoming year.
Each league is responsible for their self inspection. If the inspection is not submitted to
the City of Corpus Christi Parks and Recreation Department, 1201 Leopard, Corpus
Christi, Texas 78401 by January 31 the League will be assessed a fee of $500.00 per
site and the City will do the inspection.
Check "NO" if repairs are not necessary; "YES" if repairs are necessary. A comment is
required for any "YES" answer.
PLAYING SURFACE: Baseball Field, Soccer Field, Football Field, Softball Playing
Field,
Yes No
[ ] [ ] 1. Maintenance equipment such as rakes, hoses, etc. are stored correctly.
[ ] [ ] 2. Litter and unsafe debris is picked up around the field and player /spectator
areas.
[ ] [ ] 3. The supply and location of waste cans are adequate.
[ ] [ ] 4. Sprinkler heads, drainage grates, valve boxes, etc. in the field are grade level
and /or do not have sharp edges or unsafe protrusions.
[ ] [ ] 5. Recurring accidents from players running into surrounding objects such as
fencing, light posts, bleachers,etc.
[ ] [ ] 6. Our facility complies with industry recommended field design specifications.
[ ] [ ] 7. Playing field is level
[ ] [ ] 8. Playing surface is safe. (no holes or unsteady surfaces)
COMMENTS
—290—
BASES AND ANCHORING: Baseball Field, Soccer Field, Football Field, Softball
Playing Field,
Yes No
[1 [ ] 1. The bases or goal are installed according to the manufacturer's
requirement.
[ ] [ ] 2. The bases or goals are secure and safe.
COMMENTS
FENCING area around the following: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] [ ] 1. Fence posts are not loose and /or properly set in the ground.
[ ] [ ] 2. Fence posts are not on the inside of the playing area fence.
[ ] [ ] 3. Concrete footings are not exposed above ground.
[ ] [ ] 4. Fencing is securely attached to the fence posts with no loose or broken ties.
[ ] [ ] 5. There are not unsafe gaps under fencing.
[ ] [ ] 6. Wire ends of chain link fencing are not exposed along the top.
[ ] [ ] 7. There are not damaged portions of fencing that are loose, sharp, protruding, or
unsafe.
[ ] [ ] 9. Gates are not left open during games.
[ ] [ ] 10. Backstops and goals not meet industry recommended specifications.
COMMENTS
TURF AREAS for the following: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] [ ] 1. There are not unsafe bare spots in turf with a hard soil surface
exposed.
[ ] [ ] 2. The surface is level.
[ ] [ ] 3. Soil is properly draining for safe running surface.
[1 [ ] 4. Turf is uniform in texture, density, or height making an unsafe playing
surface.
[ ] [ ] 5. Turf irrigation is properly installed and working.
[ ] [ ] 6. Weeds are not present with thorns, bristles, or burrs.
-291-
7. Moles, gophers or other animals have not caused mounds or holes.
8. No hazardous ruts are present.
9. Permanent materials used to mark foul lines (i.e., white boards or fire
hose) are not protruding from the surface.
COMMENTS
LIGHTING for the following areas: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] [ ] 1. The lighting was designed, installed and inspected by properly trained
engineers or technicians.
[ ] [ ] 2. There are burned out lights.
[1 [ ] 3. The beam direction of the lights are properly adjusted.
[ ] [ ] 4. The lighting foot - candles meet industry recommended specifications.
COMMENTS
BLEACHERS for the following areas: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] (1 1. The nuts and bolts on the bleachers are not loose, missing, or protruding.
[ ] [ ] 2. The guard rails are not loose or missing.
[ ] [ ] 3. The plank or railing end caps are loose or missing.
[ ] [ ] 4. Wooden planks are not worn out or splintered.
[ ] [ ] 5. There are not hazardous protrusions or sharp edges.
COMMENTS
—292—
TITLE 30
PART 1
QUALITY
CHAPTER 330
SUBCHAPTER T
TEXAS ADMINISTRATIVE CODE
Environment Quality
TEXAS COMMISSION ON ENVIRONEMENTAL
Municipal Solid Waste
Use of Land over Closed Municipal Solid Waste Landfills
Rule 330.951 Definitions.
Unless otherwise noted, all terms contained in this section are defined by their plain
meaning. This section contains definitions that are applicable only to this subchapter and
that supersede definitions in §330.3 of this title (relating to Definitions) where those
terms appear in this subchapter. As used in this subchapter, words in the singular include
the plural and words in the plural include the singular. The following words and terms,
when used in this subchapter, have the following meanings.
(1) Alteration - -Minor changes and standard redesign activities common in residential
and commercial structures, such as moving walls and doors, that will not affect the
foundation or increase the horizontal extent of the foundation.
(2) Authorization - -A written approval issued by the executive director that, by its
conditions, may allow the disturbance of the integrity of the final cover.
(3) Closed municipal solid waste landfill - -A permitted or previously permitted
municipal solid waste landfill, a municipal solid waste landfill which has never been
permitted, or a dumping area as defined in this section, which stopped receiving waste
and completed the closure activities.
(4) Closure plan- -A plan addressing the placement of a final cap on a closed municipal
solid waste landfill where waste is exposed or the existing cap is inadequate.
(5) Construction - -The inception of an activity that provides improvements necessary for
the utilization of an enclosed structure.
(6) Develop and/or development - -Any activity on or related to real property that is
intended to lead to the construction or alteration of an enclosed structure for the use
and/or occupation of people for an industrial, commercial, or public purpose or to the
construction of residences for three or more families, including subdivisions that will
include single - family homes and duplexes.
(7) Development permit - -A written permit issued by the executive director that, by its
conditions, may authorize a person or persons to develop an enclosed structure over a
closed municipal solid waste landfill unit. The development permit does not supersede
local building and development permits, but is an additional permit.
(8) Dumping area - -An non - permitted area of land or an excavation with unknown
boundaries or which have had the boundaries determined through subsequent
investigation that has received only municipal solid waste or municipal solid waste
combined with other solid wastes, including but not limited to, construction/demolition
waste, commercial solid waste, nonhazardous sludge, conditionally exempt small -
quantity generator hazardous waste, and industrial solid waste, and that is not a land
1
—293—
treatment unit, surface impoundment, injection well, or waste pile as those terms are
defined in §330.3 of this title (relating to Definitions).
(9) Enclosed structure or structure - -Any permanent structure that is intended to be or
has the potential of being used or occupied by people for an industrial, commercial,
public, or residential purpose.
(10) Essential improvements - -All improvements and appurtenances including, but not
limited to, the excavations for the structure, installation of utilities, on -site wastewater
disposal facilities, grading and drainage improvements, access drives and parking lots,
foundation, security, fencing, landscape plantings, and irrigation systems necessary for
the utilization of an enclosed structure.
(11) Existing structure - -Any enclosed structure that began development prior to
September 1, 1993.
(12) Permitted development - -An enclosed structure or group of enclosed structures that
have been issued a development permit.
(13) Post - closure care- -The period of time beginning with the professional engineer
certification of completing final closure activities as accepted by the executive director in
accordance with § §330.453(f), 330.455(c), or 330.457(f)(5) of this title (relating to
Closure and Post - Closure) and ending with the professional engineer certification of
completion of post - closure care maintenance as accepted by the executive director in
accordance with §330.463 of this title (relating to Post - Closure Care Requirements).
Monitoring and maintenance activities are required during the post - closure care period in
accordance with §330.463 of this title.
(14) Post - closure care landfills - -A municipal solid waste landfill facility that has
received a municipal solid waste permit under §330.7 of this title (relating to Permit
Required) and is currently in the post - closure care period as defined in this section.
(15) Registration - -A document issued by the executive director regarding submitted
information for an existing enclosed structure built over a closed municipal solid waste
landfill unit that does not require a development permit.
(16) Site operating plan- -A prepared document that provides guidance for operations
and procedures necessary to maintain human safety and environmental protection at the
development, permitted development, or existing structure in a manner consistent with
the development permit and the commission's regulations.
(17) Structures gas monitoring plan- -A document prepared by a licensed professional
engineer that provides procedures to ensure the detection of landfill gases and the
prevention of migration of landfill gases into enclosed structures.
Rule 330.952. Applicability and Exemptions.
(a) Applicability. The requirements in this subchapter apply to:
(1) persons owning, leasing, or developing property overlying a closed municipal solid
waste landfill as defined by §330.951 of this title (relating to Definitions), except as noted
in subsection (b) of this section; and
(2) persons developing a tract of land greater than one acre, except as noted in
subsection (b) of this section;
2
—294—
(b) Exemptions. The following persons shall be exempt from certain requirements of this
subchapter.
(1) An owner of property constructing a single - family or double - family home, other
than a developer of a housing subdivision, shall be exempt from §330.953 of this title
(relating to Soil Test Required before Development), §330.954 of this title (relating to
Development Permit, Development Authorization, and Registration Requirements,
Procedures, and Processing), and §330.961 of this title (relating to Operational
Requirements for an Enclosed Structure Over a Closed Municipal Solid Waste Landfill
Unit or a Municipal Solid Waste Landfill in Post - Closure Care).
(2) An owner of an existing structure built over a closed municipal solid waste landfill
unit and that is a single - family or double - family home shall be exempt from §330.954 of
this title and /or §330.959 of this title (relating to Contents of Registration Application for
an Existing Structure Built Over a Closed Municipal Solid Waste Landfill Unit) and
§330.961 of this title
Rule 330.953 Soil Test Required before Development.
a) A person may not undertake the development of a tract of land that is greater than one
acre in area unless the person conducts a soil test prior to or during development and
construction. The soil test is intended to determine if a landfill exists on the property
planned for development.
(b) A soil test under this section shall be conducted by a licensed professional engineer.
(c) The licensed professional engineer must choose one of the following tests.
(1) Test I. The licensed engineer shall observe all subsurface disturbances, undertaken
for whatever reason, during development through the completion of the foundation. A
subsurface investigation prior to construction is not required by Test I.
(2) Test II. A subsurface investigation undertaken for the purpose of finding a closed
municipal solid waste landfill unit. The investigation must incorporate a sufficient
number of borings or excavations, the number of which shall be determined on a site -
specific basis by the licensed professional engineer. Each boring or excavation shall be to
a minimum depth of ten feet.
(3) Test III. A subsurface investigation conducted at the development site for
geotechnical or environmental purposes, or a housing and urban development test for a
homeowner's warranty.
(d) In accordance with Texas Health and Safety Code, §361.538(c), any engineer who
conducts a soil test and determines that part of the tract overlies a closed municipal solid
waste landfill shall notify the following persons of that determination within 30 days of
the completion of the test:
(1) each owner and each lessee of the tract;
(2) the executive director;
(3) local government officials with the authority to disapprove the application for
development; and
(4) the regional council of governments.
—295—
(e) The responsible engineer shall affix his seal, signature, and date of execution to the
soil test results as required by the Texas Engineering Practice Act, § 15c, and in
accordance with 22 TAC §131.166 (relating to Engineer's Seal).
(f) All soil test excavations where waste is removed shall be backfilled and compacted
with clean high - plasticity or low- plasticity clay. The excavation shall be backfilled to
exceed the existing grade and provide positive drainage.
Rule 330.954. Development Permit, Development Authorization, and Registration
Requirements, Procedures and Processing.
a) Permit required for development over a closed municipal solid waste (MSW) landfill
unit.
(1) No person may commence or continue physical construction of an enclosed structure
over a closed MSW landfill as defined in §330.951 of this title (relating to Definitions)
without first submitting a development permit application in accordance with §330.956 of
this title (relating to Application for Proposed or Existing Constructions Over a Closed
Municipal Solid Waste Landfill Unit, General Requirements) and receiving a
development permit issued by the executive director, except as noted in paragraph (7) of
this subsection. The permit issued by the executive director under this subchapter is a
development permit and not a permit for the management of solid waste. A permit
application for a development permit shall comply with those requirements in this
subchapter. A permit application to manage MSW shall comply with the applicable
sections of Chapter 281 and Chapter 305 of this title (relating to Applications Processing
and Consolidated Permits), and Subchapters A - M of this chapter.
(2) A development permit is required for construction of an enclosed structure over a
closed MSW landfill that had received a permit under §330.7 of this title (relating to
Permit Required) and had its permit revoked at the end of the post - closure care period in
accordance with §305.67 of this title (relating to Revocation and Suspension upon
Request or Consent) or for construction of an enclosed structure over a non - permitted
closed MSW landfill. The exact waste boundary may be determined through soil boring
tests in accordance with §330.953 of this title (relating to Soil Test Required before
Development), or through alternative investigation methods approved by the executive
director.
(3) A development permit for construction of an enclosed structure is required for an
entire property that includes a closed MSW landfill with unknown boundaries as defined
in §330.951 of this title.
(4) The permit application under this subchapter must be received at least 45 days prior
to the proposed commencement of construction over the closed MSW landfill unit.
(5) If a person directs an engineer to conduct Soil Test I, and the soil test reveals the
existence of a closed MSW landfill unit after the commencement of construction,
construction of the enclosed structure being built over the waste area shall cease
immediately, and a permit application shall be submitted and a development permit
issued before construction of the enclosed structure over the waste area unit can resume.
—296—
4
The person may proceed with construction and development of other facilities, including
those items listed in the definition of essential improvements.
(6) If a person directs an engineer to conduct either Soil Test II or Soil Test III and the
engineer discovers a closed MSW landfill unit as a result of the test, the person shall
submit a permit application. Development of an enclosed structure over the closed
landfill unit cannot begin until a development permit is issued.
(7) If a person directs an engineer to conduct either Soil Test II or Soil Test III and the
engineer does not detect a closed MSW landfill unit as a result of the test, but
subsequently discovers a closed MSW landfill unit during the development, the person is
not required to submit a permit application but must meet the provisions of §330.959 of
this title (relating to Contents of Registration Application for an Existing Structure Built
Over a Closed Municipal Solid Waste Landfill Unit).
(8) As part of the application, the owner shall provide the name and physical and
mailing addresses of a public building with normal operating hours such as library, city
hall, or county courthouse where the application can be viewed by the general public. The
facilities where the permit can be viewed shall be in compliance with all applicable
requirements of the Americans with Disabilities Act. The application shall also include
an adjacent landowner list.
(b) Review and approval of permit application.
(1) Notice of the opportunity to request a public meeting for an application shall be
provided not later than 45 days of the executive director's receipt of the application in
accordance with the procedures contained in §39.501(c) of this title (relating to
Application for Municipal Solid Waste Permit). The owner or operator and the
commission shall hold a public meeting in the local area, prior to facility authorization, if
a public meeting is required based on the criteria contained in §55.154(c) of this title
(relating to Public Meetings). This section does not require the commission to respond to
comments, and it does not create an opportunity for a contested case hearing. The
purpose of the public meeting is for the public to provide input for consideration by the
commission, and for the applicant and commission staff to provide information to the
public.
(2) The commission shall notify the owner by mail of the date and time of the meeting .
(3) The commission shall require the applicant to publish notice of the meeting in a
newspaper that is generally circulated in each county in which the property proposed for
development is located. The published notice must appear at least once a week for the
two weeks before the date of the meeting. The commission shall also notify all
individuals on the list of adjacent landowners at least 15 days prior to the meeting. The
notice shall list the location, date, and time of the public meeting, and the location of the
public building where the development permit application can be viewed.
(4) The executive director's staff will conduct the public meeting at the designated
location. The owner will make a presentation of the application, the executive director's
staff will describe the development permit, and public comment will be received. The
public meeting is not an evidentiary proceeding.
(5) On or before the fifth day following the public meeting:
(A) the executive director will either approve or deny the development permit
application. The executive director shall base the decision on whether the application
meets each of the requirements of §330.956 of this title and §330.957 of this title
5
—297—
(relating to Contents of the Development Permit and Workplan Application). A decision
denying the permit shall state the deficiencies that were cause for the denial and any
modifications necessary to correct those deficiencies; and
(B) a person may submit in writing to the chief clerk a request to be notified of the
executive director's decision on the application.
(6) The date on which the executive director issues the order shall be construed as the
date on which notice of the decision is mailed to the owner and to each person that
requested notification of the executive director's decision in accordance with paragraph
(5)(B) of this subsection.
(7) Petition for review of executive director's decision.
(A) The owner or a person may file a petition for review not later than the tenth day
after the date the executive director issues the order. The owner or person that files a
petition shall file the petition with the chief clerk, and shall mail a copy of the petition to
the owner and to each person that requested notification of the executive director's
decision in accordance with paragraph (5)(B) of this subsection.
(B) If a petition for review is filed, the commission shall act on the petition for review
within 35 days after issuance of the executive director's order or at the next scheduled
commission meeting, whichever is later. The commission may affirm or reverse the order
issued by the executive director.
(C) A commission order ruling on a petition for review is final and effective on the
date issued.
(8) If no petition for review is filed ten days after the executive director issues a
decision, the decision is final and effective on the 1 lth day after the date the decision was
issued.
(9) If the actual cost of reviewing the permit is not equal to the application fee, the
owner will be presented with either a refund or an invoice in accordance with subsection
(a)(7) of this section. If an invoice is submitted, a development permit will not be issued
until the invoice is paid.
(10) An owner who is denied a development permit may submit a new application to the
executive director.
(c) Requirements for development over a closed MSW landfill in post - closure care.
(1) For an MSW landfill that is covered by an existing permit for the management of
solid waste received under §330.7 of this title and is currently in post - closure care, no
person may commence physical construction of an enclosed structure without submitting
a permit modification application for the closure plan and post - closure plan of the
existing permit in accordance with §305.70(j)(6) of this title (relating to Municipal Solid
Waste Permit and Registration Modifications), or a permit amendment application in
accordance with §305.62 of this title (relating to Amendment), and a workplan including
those items listed in §330.957 of this title, and receiving the approval from the executive
director.
(2) For an MSW landfill that is covered by an existing permit for the management of
solid waste received under §330.7 of this title and is currently in post - closure care, no
person may commence with any type of non - enclosed structures, which will result in the
disturbance, in any way, of the final cover without submitting a permit modification
application for the closure plan and post - closure plan of the existing permit in accordance
with §305.70(j)(6) of this title or a permit amendment application in accordance with
6
—298—
§305.62 of this title, and a workplan including those items listed in §330.960 of this title
(relating to Contents of Authorization Request to Disturb Final Cover Over a Closed
Municipal Solid Waste Landfill for Non - enclosed Structures), and receiving the approval
from the executive director.
(3) The executive director shall issue a decision to approve or deny the permit
modification/amendment application. The executive director shall base the decision on
whether the application meets each of the requirements of §305.70(j)(6) or §305.62 of
this title, respectively, and of §330.957 or §330.960 of this title, respectively. A decision
denying the permit modification/amendment shall state the deficiencies that were cause
for the denial and any modifications necessary to correct those deficiencies.
(d) Registration for existing structures.
(1) The owner or lessee of an existing structure that existed or began development prior
to September 1, 1993, and is built over a closed MSW landfill unit, shall submit a
registration application to the executive director. The registration application shall be
submitted to the executive director and shall include those items listed in §330.959 of this
title. This paragraph is not intended to require that owners and lessees of enclosed
structures initiate investigations for closed MSW landfills.
(2) A registration issued by the executive director under this subchapter is not a
registration for the management of solid waste. A registration application for an existing
structure shall comply with those requirements in this subchapter. A registration
application to manage MSW shall comply with the applicable sections of Chapter 281
and Chapter 305 of this title and Subchapters A - M of this chapter.
(3) The owner shall submit the registration within 180 days from the determination that
the structure overlies a closed MSW landfill.
(4) Upon receipt of written approval of the structures gas monitoring plan or approval
with modifications to the plan from the executive director, the owner or lessee of the
existing structure shall implement the plan in accordance with its approved schedule.
(e) Authorization to disturb final cover for non - enclosed structures.
(1) The integrity of the final cover of a closed MSW landfill shall not knowingly be
violated, disturbed, altered, removed, or interrupted in any way without the prior
authorization of the executive director, except where soil tests are being performed in
accordance with §330.953 of this title.
(2) Penetrations of the final cover or liner systems will not be allowed without the prior
authorization of the executive director. These include, but are not limited to, borings,
piers, spread footings, foundations for light standards, fence posts, anchors, deadman
anchors, manholes, on -site disposal systems, recreational facilities, and any other kind of
non - enclosed structures.
(3) An authorization to disturb final cover issued by the executive director under this
subchapter is not an authorization for the management of solid waste. An application for
authorization shall comply with those requirements in this subchapter.
(4) The authorization request must be received at least 45 days prior to the proposed
commencement of construction over the closed MSW landfill unit.
Rule 330.955 Miscellaneous.
—299—
7
(a) An enclosed area to be occupied by people under the natural grade of the land or
under the grade of the final cover of the closed municipal solid waste (MSW) landfill will
not be allowed.
(b) The executive director may require that additional soil layers or building pads be
placed on the final cover prior to the initiation of any construction activity or structural
improvements in order to protect the integrity and function of the final cover, any liner(s),
any components of the containment system(s), or any monitoring system(s).
(c) The executive director may allow small amounts of solid waste removed from a
closed MSW landfill (including residuals from a soil test) to be redeposited in the closed
MSW landfill on a case -by -case basis. The workplan for developing land over a closed
MSW landfill should describe the steps taken to ensure that removed waste will be
appropriately covered or removed to an authorized waste management facility.
(d) Unauthorized pilings in or through the final cover of a closed MSW landfill are
prohibited.
(e) Unauthorized borings or other penetrations of the final cover of a closed MSW
landfill are prohibited.
(f) Any water that comes in contact with waste becomes contaminated water and has to
be properly discharged in a manner that will not cause surface water or groundwater
contamination.
(g) Locations where waste is removed shall be backfilled and compacted with clean high -
plasticity or low - plasticity clay. The excavation shall be backfilled to exceed the existing
grade and provide positive drainage.
(h) No waste shall be left exposed overnight.
Rule 330.956 Application for Proposed or Existing Constructions over a Closed
Municipal Solid Waste Landfill Unit, General Requirements.
(a) The application shall be submitted prior to the public meeting. The owner shall be
required to comply with the design, construction, and operating procedures proposed in
the application.
(b) The owner is responsible for providing the executive director data of sufficient
completeness, accuracy, and clarity to provide assurance that operation of the facility will
pose no reasonable probability of adverse effects to the health, welfare, or physical
property of residents and occupants of the structures, and the environment. Failure to
provide complete information as required by this subchapter may be cause for the
executive director to return the application without further action. Submission of false
information shall constitute grounds for denial or revocation of the development permit.
The owner is responsible for determining and reporting to the executive director any site -
specific conditions that require special design considerations. The proposed development
shall be in compliance with all applicable state and federal laws.
(c) The owner shall submit an application following the requirements in §330.57(e) - (h)
of this title (relating to Permit and Registration Applications for Municipal Solid Waste
Facilities).
(d) The maps submitted as a group shall show the following:
(1) the prevailing wind direction with a wind rose;
—300—
8
(2) all known water wells within 500 feet of the proposed development permit
boundary. The state well- numbering system designation for Texas Water Development
Board "Located Wells," where applicable, shall be shown;
(3) area streams, ponds, lakes, and wetlands;
(4) the property boundary of the site;
(5) drainage, pipeline, and utility easements within or adjacent to the site; and
(6) schools, licensed day care facilities, hospitals and other health care facilities within
1,000 feet of the boundaries of the known fill area.
Rule 330.957 Contents of the Development Permit and Workplan Application
a) General requirements. The application shall follow the general requirements in
§330.956 of this title (relating to Application for Proposed or Existing Constructions
Over a Closed Municipal Solid Waste Landfill Unit, General Requirements).
(b) Certification.
(1) Following the language of Texas Health and Safety Code, §361.533, the licensed
professional engineer preparing a development permit application shall include the
following certification: Certification of No Potential Threat to Public Health or the
Environment. "I, , P.E. # , certify that the proposed
development is necessary to reduce a potential threat to public health or the environment,
or that the proposed development will not increase or create a potential threat to public
health or the environment. Further, I certify that the proposed development will /will not
damage the integrity or function of any component of the Closed Municipal Solid Waste
Landfill Unit, including, but not limited to, the final cover, containment systems,
monitoring system, or liners. This certification includes all documentation of all studies
and data on which I relied in making these determinations." (signed, sealed, and dated by
the licensed professional engineer).
(2) For landfills in post - closure care, the owner or operator of the closed municipal solid
waste (MS W) landfill unit shall submit to the executive director for review and approval
a certification, signed by an independent licensed professional engineer and including all
applicable documentation necessary to support the certification, demonstrating that:
(A) any proposed construction activities or structural improvements on the closed
MSW landfill unit or waste management area shall not disturb the integrity and function
of the final cover, any liner(s), all components of the containment system(s), and any
monitoring system(s);
(B) the post - closure activities or improvements shall not increase or serve to create any
potential threat to human health and the environment or that the proposed activities or
improvements are necessary to reduce a potential threat to human health and the
environment;
(C) any proposed modification or replacement of existing construction activities or
structural improvements on any closed MSW landfill unit or waste management area that
may disturb the integrity and function of any portion of the final cover, any liner(s), any
components of the containment system(s), or any monitoring system(s) shall not increase
nor serve to create any potential threat to human health and the environment; and
9
—301—
(D) other disturbances of a closed MSW landfill unit or waste management area if the
owner or operator submits to the executive director for review and approval, a
certification that demonstrates that the disturbance, including the removal of any waste,
shall not cause harm to the integrity and function of the final cover, any liner(s), any
components of the containment system(s), or any monitoring system(s) and shall not
increase nor serve to create any potential threat to human health or the environment. This
certification shall be signed by the owner or operator of the unit or facility and an
independent licensed professional engineer and shall include all applicable
documentation necessary for the certification.
(c) Existing conditions summary. The owner shall discuss any land use, environmental,
or special issues that affect the facility. This shall include, but not be limited to:
(1) condition of final cover;
(2) waste characterization;
(3) gas production; and
(4) potential environmental impacts.
(d) Legal authority. The applicant shall provide verification of the applicant's legal status.
Normally, this is a one -page certificate of incorporation issued by the Secretary of State.
(e) Evidence of competency. The names of the principals and supervisors of the
applicant's organization relative to the development shall be provided.
(0 Notice of appointment. The applicant shall provide a notice of appointment
identifying the applicant's engineer.
(g) Notice of coordination. The applicant shall provide notice of coordination with all
local, state, and federal government officials and agencies.
(h) Legal description. The applicant shall provide legal description of the property in
accordance with §330.59(d) of this title (relating to Contents of Part I of the Application).
(i) Site drawing. The applicant shall provide a site drawing, drawn to scale, that indicates
the location of all waste disposal areas, existing and proposed structures, creeks, and
ponds.
0) Maps. All maps shall clearly show the boundaries of the tract of land under
development and the actual fill areas.
(1) General location maps. These maps shall be all or a portion of county maps prepared
by the Texas Department of Transportation (TxDOT). At least one general location map
shall be at a scale of 1/2 inch equals one mile. If the TxDOT publishes more detailed
maps of the proposed site area, the more detailed maps shall also be included. The latest
published revision of all maps shall be used. In addition, the applicant shall provide maps
as necessary to accurately show proximity of the site to surrounding features and
structures.
(2) General topographic maps. These maps shall be United States Geological Survey 7-
1/2 minute quadrangle sheets or equivalent. At least one general topographic map shall be
at a scale of one inch equals 2,000 feet.
(k) General geology and soils statement. The application shall include a discussion in
general terms of the geology and soils of the proposed facility, including any known
pathways for leachate and landfill gas migration.
(1) Groundwater and surface water statement. The application shall include a description
of the groundwater and surface water resources at or near the facility and how they will
be impacted by the development.
10
—302—
(m) Foundation plans. The owner shall provide foundation plans, including geotechnical
soil investigation and design reports.
(1) In order to prevent gas migration into buildings and other structures, structures shall
be designed and constructed in accordance with the following criteria.
(A) A geomembrane or equivalent system with very low gas permeability shall be
installed between the slab and the subgrade, and a permeable layer of a minimum
thickness of 12 inches, composed of an open - graded, clean aggregate material, shall be
installed between the geomembrane and the subgrade.
(B) A geotextile filter shall be utilized to prevent introduction of fine soil or other
particulate matter into the permeable layer.
(C) A landfill gas ventilation or active collection system shall be installed consistent
with the structures gas monitoring plan required by subsection (t) of this section.
(D) Perforated venting pipes or alternative venting methods approved by the executive
director shall be installed within the permeable layer and shall be designed to operate
without clogging.
(E) The venting gas devices shall be constructed to allow connection to an induced -
draft exhaust system.
(F) Automatic methane gas sensors shall be installed within the venting pipe and /or
permeable gas layer and inside the building or any other structure in order to trigger an
audible alarm when methane gas concentrations greater than 20% of the lower explosive
limit are detected.
(2) Alterations of existing structures are exempt from the requirements of paragraph (1)
of this subsection.
(3) An owner who requests suspension of gas monitoring based upon the demonstration
required by subsection (t)(1)(B) of this section, may submit to the executive director a
request for a variance from the requirements of paragraph (1) of this subsection. The
executive director shall base the decision on site - specific factors including, but not
limited to, age of the MSW landfill, type of waste deposited in the MSW landfill, and
testing methods utilized by the owner.
(n) Other plans. The application shall include the following plans:
(1) grading and drainage;
(2) irrigation systems; and
(3) a dimensional control plan of the facility relating all existing and /or proposed
enclosed structures and essential improvements of the development and the locations of
all required improvements and appurtenances to the legal description boundary of the
facility and the limits of the waste disposal area, signed and sealed by a registered
professional land surveyor.
(o) Soil tests. The owner shall provide all soil tests and/or other information relied upon
to make the determination that the facility was used as an MSW disposal area as required
by §330.953 of this title (relating to Soil Test Required before Development), including
procedures performed to identify the limits of the waste disposal area.
(p) Certified copies of required notices. The owner shall provide certified copies of all
notices having been made by the licensed professional engineer, by the owner, and by the
lessor/lessee in accordance with §330.953 of this title, §330.962 of this title (relating to
Notice to Real Property Records), §330.963 of this title (relating to Notice to Buyers,
Lessees, and Occupants), and §330.964 of this title (relating to Lease Restrictions).
11
—303—
(q) Closure plan. The owner shall provide a closure plan for any part of the waste
disposal area that will not have a structure built over it, including placement of the final
cover.
(r) Operational requirements plan. The owner shall provide a plan discussing the
necessary procedures and practices to be implemented and followed to ensure that the
owner meets the provisions of §330.961 of this title (relating to Operational
Requirements for an Enclosed Structure Over a Closed Municipal Solid Waste Landfill
Unit or a Municipal Solid Waste Landfill in Post - Closure Care).
(s) Site operating plan. The owner shall provide a site operating plan, which at a
minimum shall include specific guidance, procedures, instructions, and schedules for the
following:
(1) a description, including size, type, and function, of the equipment to be utilized at
the structure other than methane monitoring equipment;
(2) a detailed description of the procedures that the operating personnel shall follow to
utilize the equipment; and
(3) a plan to implement and maintain the operational requirements of §330.961 of this
title.
(t) Structures gas monitoring plan. The owner shall provide a structures gas monitoring
plan in accordance with the following.
(1) General.
(A) The owner or lessee of a new enclosed structure built or installed over a closed
MSW landfill unit shall ensure that the concentration of methane gas within the facility
structure does not exceed 20% of the lower explosive limit for methane (1.0% by volume
methane) in facility structures (excluding gas control or recovery system components)
overlying the closed MSW landfill unit.
(i) Any new enclosed structures shall contain automatic methane gas sensors
approved by the executive director and designed to trigger an audible alarm if the
volumetric concentration of methane in the air is greater than 1.0% (20% of the lower
explosive limit).
(ii) Any new enclosed structures built over a closed MSW landfill shall utilize a
ventilation system or an active gas extraction and collection system.
(B) Landfill gas monitoring requirements for a development applying for a
development permit under this subchapter may be suspended by the executive director if
the owner can demonstrate that there is no potential for migration of the landfill gases
listed in paragraph (2)(G) of this subsection. This demonstration shall be certified by a
licensed professional engineer and approved by the executive director, and shall be based
upon site - specific field - collected measurements, sampling, and analysis of physical,
chemical, and biological processes.
(2) Requirements for structures gas monitoring plan. The owner or lessee shall submit a
structures gas monitoring plan, designed by a licensed professional engineer, to the
executive director for review and approval. The plan shall ensure detection of the
presence of landfill gas entering on -site structures. All design drawings shall bear the
licensed engineer's seal and signature. The plan shall include, but not be limited to, the
following:
(A) a discussion of specific facility characteristics and potential migration pathways or
barriers in the development of the plan, including, but not limited to:
12
—304—
(i) locations of buildings and structures relative to the waste disposal area;
(ii) the nature and age of waste and its potential to generate landfill gas;
(iii) routes of entry for the intrusion of landfill gas into structures;
(iv) ignition sources within structures;
(v) the location of any utility lines or pipelines that cross, are adjacent to, or are near
the closed MSW landfill unit;
(vi) number of people occupying the structures and duration of occupation; and
(vii) depth of final cover over deposited waste;
(B) a narrative describing design characteristics of proposed structures related to
landfill gas accumulation prevention, detection, and elimination including, but not limited
to:
(i) structural;
(ii) electrical; and
(iii) mechanical;
(C) a description of the ventilation system or active gas collection and destruction
system to be utilized including engineering drawings and manufacturer's specification
sheets. Active gas collection and destruction systems shall comply with applicable parts
of § §115.152, 115.153, 115.155 - 115.157, and 115.159 of this title (relating to Control
Requirements; Alternate Control Requirements; Approved Test Methods; Monitoring and
Recordkeeping Requirements; Exemptions; and Counties and Compliance Schedule);
(D) a description of landfill gas monitoring equipment to be used in existing and
proposed structures, complete with manufacturer's specification sheets;
(E) a detailed implementation schedule for the installation of landfill gas monitoring
equipment;
(F) a sampling and analysis plan for determining landfill gas components, which
includes provisions for:
(i) sample withdrawal equipment and techniques;
(ii) sampling protocol for field measurements of diluted gas emissions; and
(iii) a quality assurance /quality control sampling plan to include, but not be limited to:
(I) field sampling;
(II) analytical methods;
(III) quality control samples and methods;
(IV) laboratory data reduction; and
(V) documentation required; and
(G) a complete analysis of the landfill gas to include, but not be limited to:
(i) a mass balance analysis for major components such as methane, other light
hydrocarbons, carbon monoxide, and water vapor measured with fairly high precision
(i.e., 5.0% - 10% relative error);
(ii) trace analyses for hydrogen sulfide, mercaptans, and ammonia; and
(iii) analysis for volatile organic compounds using an evacuated steel canister
collection device (similar to United States Environmental Protection Agency Method
TO14) and gas chromatography /mass spectrometry detection system.
(u) Safety and evacuation plan. The owner shall provide a plan describing evacuation
procedures and safety measures in the event the methane gas sensors sound the audible
alarms.
13
—305—
Rule 330.958 Construction Plans and Specifications
Construction plans and specifications of the proposed or modified structure shall be
prepared and maintained at the structure at all times during construction. After
completion of construction, one set of as -built construction plans and specifications shall
be maintained at the permitted development. Plans maintained at the structure shall be
made available for inspection by executive director representatives.
Rule 330.959 Contents of Registration Application for an Existing Structure Built
Over a Closed Municipal Solid Waste Landfill
a) The application shall follow the general requirements as set forth in §330.956 of this
title (relating to Application for Proposed or Existing Constructions Over a Closed
Municipal Solid Waste Landfill Unit, General Requirements).
(b) The registration application shall consist of the following:
(1) a legal description as set forth in §330.957(e) of this title (relating to Contents of the
Development Permit and Workplan Application);
(2) certified copies of all notices having been made by the owner and the lessor /lessee in
accordance with §330.962 of this title (relating to Notice to Real Property Records),
§330.963 of this title (relating to Notice to Buyers, Lessees, and Occupants), and
§330.964 of this title (relating to Lease Restrictions);
(3) plans and drawings as set forth in §330.957(i), (j), and (n)(3) of this title;
(4) a site operating plan as set forth in §330.957(s) of this title;
(5) a structures gas monitoring plan:
(A) General.
(i) The owner or lessee of an existing structure built over a closed municipal solid
waste landfill unit shall ensure that the concentration of methane gas generated by the
landfill does not exceed 20% of the lower explosive limit for methane (1.0% by volume
methane in air) in facility structures (excluding gas control or recovery system
components). Any enclosed structures shall contain automatic methane gas sensors
approved by the executive director and designed to trigger an audible alarm if the
volumetric concentration of methane in the air is greater than 1.0 %.
(ii) Landfill gas monitoring requirements for a registration under this section may be
suspended by the executive director as provided for in §330.957(t)(1)(B) of this title.
(B) Requirements for structures gas monitoring plan. The owner or lessee shall submit
a structures gas monitoring plan, designed by a licensed professional engineer, to the
executive director for review and approval. The plan shall ensure detection of the
presence of landfill gas entering on -site structures. All design drawings should bear the
licensed engineer's seal and signature. The plan shall include, but not be limited to, the
following:
(i) an analysis of specific facility characteristics and potential migration pathways or
barriers as set forth in §330.957(t)(2)(A) of this title;
(ii) a facility drawing, drawn to scale, which indicates the location of all waste
disposal areas, existing structures, creeks, and ponds;
14
—306—
(iii) a narrative describing modifications to the existing structures including, but not
limited to, the following:
(I) structural;
(II) electrical;
(III) mechanical; and
(IV) landfill gas monitoring equipment including manufacturer's specification sheets
and any gas ventilation or active gas extraction systems if the development utilizes such
systems;
(iv) a detailed implementation schedule for the installation of landfill gas monitoring
equipment;
(v) a sampling and analysis plan as set forth in §330.957(t)(2)(F) of this title; and
(vi) a Landfill gas analysis as set forth in §330.957(t)(2)(G) of this title; and
(6) a safety and evacuation plan describing evacuation procedures and safety measures
in the event the methane gas sensors sound the audible alarms.
Rule 330.960 Contents of Authorization Request to Disturb Final Cover over a
Closed Municipal Solid Waste Landfill for Non - enclosed Structures.
The owner of a property that includes a closed municipal solid waste landfill shall not
disturb the final cover without prior written approval from the executive director. The
authorization request shall include the following:
(I) a certification as set forth in §330.957(b) of this title (relating to Contents of the
Development Permit and Workplan Application);
(2) the existing conditions summary as set forth in §330.957(c) of this title;
(3) proposed project description including location related to the closed landfill;
(4) description of the construction/investigation process including, but not limited to,
work schedule and safety issues during construction;
(5) description of the procedures for water and/or methane monitoring and excavated
material disposal during construction;
(6) maps and drawings, site drawing, and general location map to indicate the landfill
location; and
(7) engineering plans, sealed and signed by a licensed professional engineer indicating
the proposed project description and its location relative to the landfill.
Rule 330.961 Operational Requirements for an Enclosed Structure over a Closed
Municipal Solid Waste Landfill Unit or a Municipal Solid Waste Landfill in Post -
Closure Care
(a) General.
(1) The development permit or registration, the site operating plan, any closure plan, the
structures gas monitoring plan, the safety and evacuation plan, and all other documents
and plans required by this subchapter shall become operational requirements and shall be
15
—307—
considered a part of the operating record of the development or structure. A copy of these
documents shall be maintained on site in an office at the permitted/registered
development.
(2) The owner, operator, or lessee shall retain the operating record for the life of the
structure.
(3) Any deviation from the development permit/registration and incorporated plans or
other related documents associated with the development permit or registration without
approval of the executive director is a violation of this subchapter.
(4) The development permit or registration holder shall notify the executive director,
and any local pollution agency with jurisdiction that has requested to be notified, of any
incident involving the facility relative to the development permit or registration and
provisions for the remediation of the incident.
(b) Landfill gas control. All landfill gases shall be monitored in accordance with the
structures gas monitoring plan prepared as set forth in §330.957 of this title (relating to
Contents of the Development Permit and Workplan Application) and §330.959 of this
title (relating to Contents of Registration Application for an Existing Structure Built Over
a Closed Municipal Solid Waste Landfill Unit).
(1) Landfill gas monitoring.
(A) The owner or lessee of a new structure to be built or an existing structure built over
a closed municipal solid waste (MSW) landfill unit shall provide equipment for
monitoring on -site structures, including, but not limited to, buildings, subsurface vaults,
utilities, or any other areas where potential gas buildup would be of concern.
(B) Monitoring on -site structures may include, but is not limited to, periodic
monitoring using either permanently installed monitoring probes or continuous
monitoring systems.
(C) Structures located on top of the waste area shall be monitored on a continuous
basis, and monitoring equipment shall be designed to trigger an audible alarm if the
volumetric concentration of methane in the sampled air is greater than 1% within the
venting pipe or permeable layer, and/or inside the structure. When practical, structures
should be monitored after they have been closed overnight or for the weekend to allow
for an accurate assessment of gas accumulation.
(D) Areas of the structure where gas may accumulate should be monitored and include,
but are not limited to, areas in, under, beneath, and around basements, crawl spaces, floor
seams or cracks, and subsurface utility connections.
(E) Gas monitoring and control systems shall be modified as needed to reflect
modifications to the structure.
(2) Reporting.
(A) All on -site structures shall be sampled for methane on a monthly basis. All
monthly sampling results shall be placed in the operating record of the facility in
accordance with §330.125(b)(3) of this title (relating to Recordkeeping Requirements)
and be made available for inspection by the executive director, and any local pollution
agency with jurisdiction that has requested to be notified, in accordance with §330.125(c)
of this title. If methane gas levels exceeding the limits specified in paragraph (1) of this
subsection are detected, the owner, operator, or lessee shall notify the executive director
and take action in accordance with §330.371(c) of this title (relating to Landfill Gas
Management).
16
—308—
(B) Sampling for specified trace gases may be required by the executive director when
there is a possibility of acute or chronic exposure due to carcinogenic or toxic
compounds.
(c) Air criteria.
(1) The closed MSW landfill is subject to commission jurisdiction concerning burning
and air pollution control. The owner shall ensure that the closed MSW landfill does not
violate any applicable requirement of the approved state implementation plan.
(2) Ventilation of the closed MSW landfill and any enclosed structures shall be provided
in accordance with all appropriate commission rules.
(d) Ponded water. The ponding of water over waste in the closed MSW landfill unit,
regardless of its origin, shall be prevented. Ponded water that occurs on a closed MSW
landfill unit shall be eliminated as quickly as possible and the area in which the ponding
occurred shall be filled in and regraded within seven days of the occurrence.
(e) Water pollution control. Surface drainage in and around the structure shall be
controlled to minimize surface water running onto, into, and off the closed MSW landfill.
(f) Groundwater monitoring. Groundwater monitoring may be required by the executive
director and shall be conducted in accordance with the requirements of Subchapter J of
this title (relating to Groundwater Monitoring and Corrective Action).
(g) Conduits. All conduits intended for the transport or carrying of fluids over or within
the closed MSW landfill shall be double - containment (split casings shall not be used). To
the extent possible, all such utilities shall be in fill material placed over the upgraded final
cover.
(h) Recordkeeping requirements.
(1) The owner or lessee shall promptly record and retain in the operating record the
following information:
(A) all results from gas monitoring and any remediation plans pertaining to explosive
and other gases;
(B) all unit design documentation for the placement of gas monitoring systems and
leachate or gas condensate removal or disposal related to the closed MSW landfill unit;
(C) copies of all correspondence and responses relating to the development permit;
(D) all documents relating to the operation and maintenance of the building, facility, or
monitoring systems as they relate to the development permit; and
(E) any other document(s) as specified by the approved development permit or by the
executive director.
(2) The owner, operator, or lessee shall provide written notification to the executive
director, and any local pollution agency with jurisdiction that has requested to be notified,
for each occurrence that documents listed in subsection (h) of this section are placed into
or added to the operating record. All information contained in the operating record shall
be furnished upon request to the executive director and shall be made available at all
reasonable times for inspection by the executive director or his representative.
Rule 330.962 Notice to Real Property Records
a) Owner of property. An owner of property that overlies a closed municipal solid waste
(MSW) landfill shall prepare and file for record in the real property records in the county
where the land is located a written notice stating:
17
—309—
(1) the former use of the land;
(2) the legal description of the tract of land that contains the closed MSW landfill, and at
the owner's discretion, the portion of the tract of land that contains the closed MSW
landfill;
(3) notice that restrictions on the development or lease of the land exist in Texas Health
and Safety Code, Chapter 361, Subchapter R and this subchapter; and
(4) the name of the owner.
(b) Local government official. A local government official who receives notice under
§330.953 of this title (relating to Soil Test Required before Development) that a closed
MSW landfill exists on a tract of land shall prepare and file for record in the real property
records in the county where the land is located a written notice stating:
(1) the legal description of the tract of land that contains the closed MSW landfill;
(2) the current owner of the tract;
(3) notice of the tract's former use as an MSW landfill unit; and
(4) notice that restrictions on the development or lease of the land exist in Texas Health
and Safety Code, Chapter 361, Subchapter R and in this subchapter.
Rule 330.963 Notice to Buyers, Lessees, and Occupants
(a) An owner of land that overlies a closed municipal solid waste (MSW) landfill shall
prepare a written notice stating the former use of the facility, the legal description of
property, notice of the restrictions on the development or lease of the land imposed by
this subchapter and Texas Health and Safety Code, Chapter 361, Subchapter R, and the
name of the owner. The owner shall file for record the notice in the real property records
of the county in which the property is located.
(b) An owner of land that overlies a closed MSW landfill shall notify each lessee and
each occupant of a structure that overlies the unit of:
(1) the land's former use as a landfill; and
(2) the structural controls in place to minimize potential future danger posed by the
closed MSW landfill.
Rule 330.964 Lease Restrictions
This section is not intended to require that owners and lessees of property initiate
investigations for closed municipal solid waste (MSW) landfills. A person may not lease
or offer for lease property that overlies a closed MSW landfill unit unless:
(1) existing development on the land is in compliance with this subchapter; or
(2) the person gives notice to the prospective lessee of what is required to bring the
property and any development on the property into compliance with this subchapter and
the prohibitions or requirements for future development imposed by this subchapter and
by any development permit issued for development of the property under this subchapter.
18
—310—
Page 1 of 2
AN ORDINANCE
ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS
DESIGNEE, TO AMEND THE LEASE AGREEMENT WITH
INTERNATIONAL WESTSIDE BASEBALL LEAGUE, A NON = PROFIT
ORGANIZATION, FOR THE USE OF GREENWOOD /HORNE ROAD
YOUTH SPORTS COMPLEX FOR ITS BASEBALL PROGRAM TO END
IN JANUARY 2012; PROVIDING FOR SEVERANCE; AND DECLARING
AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI
TEXAS THAT
SECTION 1. The City Manager or his designee is authorized to amend the Lease
Agreement with International Westside Baseball League, a non - profit organization, for
the use of Greenwood /Horne Road Youth Sports Complex for its baseball program to
end in January 2012. A copy of the lease is on file 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. That upon written request of the Mayor or five Council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter Rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the day of February, 2009.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa Henry Garrett
City Secretary Mayor
Approved: February 2, 2009
By: 6'i: hrl' -,
Lisa Aguilar
Senior Assistant City Attorney
For City Attorney
CADOCUME -1 Ueannie\LOCALS -1\ Temp\ ORD- AmendLeasslitynationalweslsideBaseball- GreenwoodHorne.doc
Page 2of2
Corpus Christi, Texas
Day of , 2009
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: I /we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
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
C: \DOCUME -1 \Jeannie \LOCALS -1 \ Temp\ ORD- AmendLeas3l1t2nationalWestsideBaseball- GreenwoodHorne.doc
LEASE AGREEMENT
BETWEEN THE CITY OF CORPUS CHRISTI AND INTERNATIONAL WESTSIDE
BASEBALL
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 "), and International Westside Baseball
( "Lessee "), a nonprofit organization, acting through its duly authorized President of
Lessee.
WHEREAS, the City owns property described on the attached Exhibit A, which said
property is located in Corpus Christi, Nueces County, Texas, a portion of which will be
known as the "Premises",
WHEREAS, the Lessee desires to use the Premises for program described on the
attached Exhibit A; and
WHEREAS, the City desires to allow Lessee to use the Premises for said program;
NOW, THEREFORE, the City 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 as described on the attached exhibit, beginning on day of City Council
approval, ("Effective Date ") which is , unless sooner
terminated as set out herein. Upon Effective Date, this lease terminates the prior leases
between the parties for use of said Premises.
Section 2. Contact Person /Lease Administrator. For this Lease, the City's contact
person and lease administrator is the Director of Park and Recreation or designee
( "Director ").
Section 3. Premises and Improvements. City leases to Lessee the Premises, as
described and delineated in Exhibit B 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 operate the program described on Exhibit A
and must 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, and irrigation
—313— 1
systems, if any are present or installed on the Premises.
(C) Lessee must immediately report any vandalism to the Director, or designee,
and the Corpus Christi Police Department, Nueces County, Texas;
(D) Lessee shall ensure that parking is confined to on- street parking only, or
designated parking lots but no parking is to be allowed on grass;
(E) Lessee will provide normal, scheduled mowing of the Premises. Lessee will be
responsible for maintaining the fields as set out in 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;
(F) Lessee shall maintain the fields within the Premises boundary lines. Grass on
the fields must not exceed three (3) inches. Lessee must mow the 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 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) If Lessee utilizes goal posts on the Premises, Lessee shall maintain a secure
anchoring system on all goal posts used on the fields at Premises. Lessee
must repair any deficiency found in the anchoring system that impairs the safe
use of the anchoring system within forty-eight (48) hours after the need for
repair is or should have been discovered;
(H) Lessee is responsible to proper installation and use of all equipment and
improvements at Premises;
(I) Lessee must maintain First Aid kit on Premises;
(J) Lessee shall submit the attached Exhibit D, Standard of Maintenance to the
Director no later than January 31 of each year.
Section 5. Compliance with Maintenance Standards. The City Manager and the
Director, 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 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's invoice. Failure to pay the City's invoice for 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 for
Lessee's nonperformance of the maintenance.
Section 6. Sportsmanship Program. Lessee shall require that all of its coaches and at
least one family member of each youth participant shall complete a state or nationally
recognized, or Parks Director approved, parent and coach sportsmanship program.
—314— 2
Section 7. Assignment and Sublease. This Lease may not be, in whole or in part,
assigned, directly or indirectly, without the prior written consent of the City. This Lease
may be sublet only with the prior written consent of the Director. Requests to sublet the
premises must be submitted to the Director at least 30 days in advance;
Section 8. Securing /Anchoring of Goal Posts. Lessee acknowledges and covenants
that Lessee shall be responsible, during the term of this Lease, for maintaining the
anchoring system, as set out in Section 4 above. Any change, alteration, or modification to
the anchoring system during the term of this Lease must be submitted to Director, in
writing, prior to the change, alteration or modification being made.
Section 9. 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 10. Joint Use.
(A) City retains 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 Lessee's sport program purposes. Requests for scheduled organized
activities by other organizations will be reviewed for approval or denial by the
Director and Lessee.
(B) City retains the right to use or cross the Premises with utility lines and /or
easements. City may exercise these rights without compensation to Lessee
for damages to the Premises and /or any Improvements from installing,
maintaining, repairing, or removing the utility lines and /or easements. City
must use reasonable judgment in locating the utility lines and /or easements
to minimize damage to the Premises and /or its Improvements.
Section 11. Primary Purpose. Lessee must establish and maintain a recreational area
with the primary purpose being for the operation of a sports program described on
attached Exhibit A and for no other purpose without the Director's prior written approval.
Lessee's fundraising activities on Premises require Director's prior written approval.
Lessee's insurance must provide coverage in compliance with Section 19 for the type of
fundraising activity being proposed by Lessee.
Section 12. 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
—315— 3
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. At the termination or expiration of this Lease, all
permanent additions and alterations installed by Lessee at the Premises,
including but not limited to, fences, concession stands, goal posts and
bleachers, become property of the City without necessity of legal action.
Section 13. 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 14. 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 15. Advertising. The Director has the right to prohibit any advertising by
Lessee on Premises which impairs the reputation of the Premises or the City.
Section 16. Security. Lessee shall contract and pay for any and all security it requires
at the Premises during the term of this Lease.
Section 17. 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. The City Manager, or his designee, retains
the right to take such action as the United States may direct to enforce this non-
discrimination covenant.
Section 18. 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
—316-
4
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 19. Costs. Noncompliance with the terms herein may result in termination of
this Lease and repossession of the Premises and its Improvements by the City or its
agents. If the City undertakes legal action to enforce compliance or collect damages
resulting from noncompliance, Lessee must pay all of the City's court costs and ex-
penses, including reasonable attorneys' fees.
Section 20. Indemnity. Lessee, its officers, members, partners,
employees, representatives, agents, and licensees (collectively,
Indemnitors) covenant to fully indemnify, save, and hold
harmless the City, its 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 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's sports program; (2) the
exercise of rights under this Lease; (3) an act or omission,
negligence, or misconduct on the part of any persons having
involvement in, participation with, or business with the Premises,
Lessee, or the Lessee's sport program whether authorized with
the express or implied invitation or permission of Lessee
(collectively, Lessee's Invitees) entering upon the Premises or its
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 by Indemnitees or any them of any law, rule,
—317— 5
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 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 in all
actions based thereon with counsel satisfactory to lndemnitees,
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 21. 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 C, 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 22. No debts. Lessee shall not incur any debts nor obligations on the credit of
City during thee ear this Lease.
Section 23. Termination.
(A) The City Manager may immediately terminate this Lease for cause and
without penalty if the City Manager determines, in his sole discretion, that
Lessee is no longer fulfilling the primary purpose of the Lease as set out in
Exhibit A.
-318- 6
(B) In addition, the City Manager may immediately terminate this Lease for
cause and without penalty if he determines, in its sole discretion, that Lessee
is in violation of any Federal, State, or local government law, rule, regulation,
or ordinance.
(C) Additionally, if there is noncompliance with one or more of the provisions
contained herein, the Director may give Lessee written notice to cure or
begin curing the 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, the
City Manager may terminate this Lease for cause without penalty by
providing written notice of termination and listing one or more areas of
continued noncompliance.
(D) Either City Manager or Lessee may terminate this Lease without cause
without penalty by giving thirty (30) days written notice to the non - terminating
party.
Section 24. 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; or (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 Name and address on Exhibit A
Attn: Director of Park & Recreation
P. O. Box 9277
Corpus Christi, TX 78469 -9277
Either party may change the address to which notice is sent by using a method set out
above. Lessee will notify the City of an address change within thirty (30) days after the
address is changed.
Section 25. List of Current Officers and Board of Directors, and Bylaws. Lessee
must submit its current List of Officers and Board of Directors (List) to the Director by
each January 31 of each year of this Lease. The List must contain each person's title,
name, address, home phone, and office or fax phone, and email address. Lessee must
notify Director in writing immediately if there are any changes in the Officers or Board of
Directors. Lessee must provide Director with copy of the current Bylaws, and
immediately provide Director with any amendments to the Bylaws.
Section 26. Reporting. Lessee shall submit reports listing the number of youth and
teams registered by Lessee to play sports each year during the term of this Lease. The
reports must be submitted to the Director within two weeks after the start of Lessee's
season.
—319-- 7
Section 27. Construction and Reconstruction Funds.
(A) If the City receives funds to construct or reconstruct Improvements at the
Premises, Lessee covenants to vacate the Premises, should the Director
deem it necessary, upon thirty (30) days written notice from the Director.
(B) Lessee has no action for damages against nor will be compensated by the
City for loss of use of the Premises and /or Improvements. The City has no
obligation to provide an alternate location for Lessee during the Improve-
ments construction or reconstruction period. The consideration for Lessee
relinquishing all rights to use the Premises and Improvements during the
construction or reconstruction period is the City's construction or recon-
struction of the Improvements for Lessee's benefit.
(C) Once construction or reconstruction of the Improvements is complete, the
Director will notify Lessee, in writing, of the date on which the Premises
and Improvements are once again available to Lessee.
(D) Lessee's term will not change nor increase if the City requests Lessee to
vacate the Premises as set out herein.
Section 28. 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 29. 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
—320— 8
default.
Section 30. 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 sus-
pended during this period to the extent performance is reasonably affected.
Section 31. Publication. Lessee agrees to pay the cost of newspaper publication of
this Lease and related ordinance as required by the City Charter.
Section 32. 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 33. 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 un-
der 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, for it
is the definite intent of the parties to this Lease that every section, para-
graph, 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 unen-
forceable 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 34. 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 35. Landfill regulations. Lessee acknowledges that it has read and agrees to
the provisions in the attached Exhibit, Notice of Prior Use, which contains additional
provisions regarding development over closed landfill.
—321— 9
Section 36. Entirety Clause. This Lease and the attached and incorporated exhibits
constitute the entire agreement between the City and Lessee for the purpose granted.
All other agreements, promises, representations, and understandings, oral or otherwise,
with reference to the subject matter hereof, unless contained in this Lease are expressly
revoked, except for the promulgation of future maintenance rules as contemplated in
Section 4 herein above, as the parties intend to provide for a complete understanding
within the provisions of this Lease and its exhibits of the terms, conditions, promises,
and covenants governing each party's performance hereunder and as relating to
Lessee's use of the Premises.
EXECUTED IN DUPLICATE, each of which shall be considered an original, on this
the day of , 2009.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Approved as to legal form: 29.1
By:
Lisa Agui , Assistant City Attorney
For City Attorney
'Angel R. Escobar, City Manager
LESSEE: International Westside Baseball
By: t,, Q.e,�— `^M , ' ,-
President
Printed Name: eZAbeta N1,- L.ioJaS
Date: I L Tamp e1
STATE OF TEXAS •
COUNTY OF NUECES
s instru � ent was acknowledge before�rym1�,e Q�n 1 , 2009, by
U� , on behalf of said organization.
, President of
DONNA 1,DELEON
Notary Public
STATE OF TEXAS
My Comm. Exp. 08 -11 -2012
Notary Public, St
Printed name:
Commission expires:
—322— 10
EXHIBIT A
International Westside Baseball League
Property Description: Tract or parcel of land at Greenwood /Horne Youth Sports
Complex
Term: January 27, 2009 to January 31, 2012
Program to be operated by Lessee: youth baseball
Notice Address for Lessee:
International Westside Baseball League
Attn: President
Y
Corpus Christi, Texas 7841.2
ILZI 14- Varoi 5+•
-323-
11
EXHIBIT B
See attached Site map
-324-
12
EXHIBIT C
INSURANCE REQUIREMENTS
LESSEE'S LIABILITY INSURANCE
A. Lessee must not commence work under this Lease until insurance required herein has been obtained and such
insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all
similar insurance required of the subcontractor has been obtained.
B. Lessee must furnish to the City's Risk Manager, (two) 2 copies of Certificates of Insurance, showing the following
minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an
additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30 -Day written notice of cancellation, non - renewal,
material change or termination is required on all
certificates.
Bodily Injury and Property Damage
Per occurrence / aggregate
Commercial General Liability including:
$1,000,000 COMBINED SINGLE LIMIT
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
C. In the event of accidents of any kind, Lessee must fu nish the Risk Manager copies of all reports of any accidents
within 10 days of the accident.
II. ADDITIONAL REQUIREMENTS
A. Certificate of Insurance:
• The City of Corpus Christi must be named as an additional insured on the liability coverage, and a
blanket waiver of subrogation is required on all applicable policies.
• If your insurance company uses the standard ACORD form, the cancellation clause (bottom right)
must be amended by adding the wording "changed or' between "be" and "canceled ", and deleting the
words, "endeavor to ", and deleting the wording after "left ". ".In lieu of modification of the ACORD form,
separate policy endorsements addressing the same substantive requirements are mandatory.
• The name of the project must be listed under "Description of Operations ".
• At a minimum, a 30 -day written notice of cancellation, material change, non - renewal or termination is
required.
B. If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items
1.B (1) -(7), an authorized representative of the insurance company must include a letter specifically stating
whether items 1.B. (1) -(7) are included or excluded.
—326— 13
SITE:
EXHIBIT D
STANDARD OF MAINTENANCE
SPORT FIELD LEASE CHECKLIST
Due January 31
INSPECTOR:
ADDRESS: Date:
Please fill out whatever pertains to your Sports league, please use comment box
below to describe your sports field if it's not listed.
All Leases Sport League will be expected to complete this self- inspection checklist form
annually. Due date will be January of the upcoming year.
Each league is responsible for their self inspection. If the inspection is not submitted to
the City of Corpus Christi Parks and Recreation Department, 1201 Leopard, Corpus
Christi, Texas 78401 by January 31 the League will be assessed a fee of $500.00 per
site and the City will do the inspection.
Check "NO" if repairs are not necessary; "YES" if repairs are necessary. A comment is
required for any "YES" answer.
PLAYING SURFACE: Baseball Field, Soccer Field, Football Field, Softball Playing
Field,
Yes No
[ ] [ ] 1. Maintenance equipment such as rakes, hoses, etc. are stored correctly.
[ ] [ ] 2. Litter and unsafe debris is picked up around the field and player /spectator
areas.
[ ] [ ] 3. The supply and location of waste cans are adequate.
[ ] [ ] 4. Sprinkler heads, drainage grates, valve boxes, etc. in the field are grade level
and/or do not have sharp edges or unsafe protrusions.
[ ] [ ] 5. Recurring accidents from players running into surrounding objects such as
fencing, light posts, bleachers,etc.
[ ] [ ] 6. Our facility complies with industry recommended field design specifications.
[11] 7. Playing field is level
[ ] [ ] 8. Playing surface is safe. (no holes or unsteady surfaces)
COMMENTS
—327—
BASES AND ANCHORING: Baseball Field, Soccer Field, Football Field, Softball
Playing Field,
Yes No
[ ] [ ] 1. The bases or goal are installed according to the manufacturer's
requirement.
[ ] [ ] 2. The bases or goals are secure and safe.
COMMENTS
FENCING area around the following: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] [ ] 1. Fence posts are not loose and /or properly set in the ground.
[ ] [ ] 2. Fence posts are not on the inside of the playing area fence.
[ ] [ ] 3. Concrete footings are not exposed above ground.
[ ] [ ] 4. Fencing is securely attached to the fence posts with no loose or broken ties.
[ ] [ ] 5. There are not unsafe gaps under fencing.
[ ] [ ] 6. Wire ends of chain link fencing are not exposed along the top.
[ ] [ ] 7. There are not damaged portions of fencing that are loose, sharp, protruding, or
unsafe.
[ ] [ ] 9. Gates are not left open during games.
[ ] [ ] 10. Backstops and goals not meet industry recommended specifications.
COMMENTS
TURF AREAS for the following: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] [ ] 1. There are not unsafe bare spots in turf with a hard soil surface
exposed.
[][] 2. The surface is level.
[ ] [ ] 3. Soil is properly draining for safe running surface.
[ ] [ ] 4. Turf is uniform in texture, density, or height making an unsafe playing
surface.
[ ] [ ] 5. Turf irrigation is properly installed and working.
[ ] [ ] 6. Weeds are not present with thorns, bristles, or burrs.
—328—
7. Moles, gophers or other animals have not caused mounds or holes.
8. No hazardous ruts are present.
9. Permanent materials used to mark foul lines (i.e., white boards or fire
hose) are not protruding from the surface.
COMMENTS
LIGHTING for the following areas: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] [ ] 1. The lighting was designed, installed and inspected by properly trained
engineers or technicians.
[ ] [ ] 2. There are burned out lights.
[ ] [ ] 3. The beam direction of the lights are properly adjusted.
[ ] [ ] 4. The lighting foot - candles meet industry recommended specifications.
COMMENTS
BLEACHERS for the following areas: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] [ ] 1. The nuts and bolts on the bleachers are not loose, missing, or protruding.
[ ] [ ] 2. The guard rails are not loose or missing.
[ ] [ ] 3. The plank or railing end caps are loose or missing.
[ ] [ 1 4. Wooden planks are not worn out or splintered.
[1 [ ] 5. There are not hazardous protrusions or sharp edges.
COMMENTS
-329-
TITLE 30
PART 1
QUALITY
CHAPTER 330
SUBCHAPTER T
TEXAS ADMINISTRATIVE CODE
Environment Quality
TEXAS COMMISSION ON ENVIRONEMENTAL
Municipal Solid Waste
Use of Land over Closed Municipal Solid Waste Landfills
Rule 330.951 Definitions.
Unless otherwise noted, all terms contained in this section are defined by their plain
meaning. This section contains definitions that are applicable only to this subchapter and
that supersede definitions in §330.3 of this title (relating to Definitions) where those
terms appear in this subchapter. As used in this subchapter, words in the singular include
the plural and words in the plural include the singular. The following words and terms,
when used in this subchapter, have the following meanings.
(1) Alteration - -Minor changes and standard redesign activities common in residential
and commercial structures, such as moving walls and doors, that will not affect the
foundation or increase the horizontal extent of the foundation.
(2) Authorization - -A written approval issued by the executive director that, by its
conditions, may allow the disturbance of the integrity of the final cover.
(3) Closed municipal solid waste landfill - -A permitted or previously permitted
municipal solid waste landfill, a municipal solid waste landfill which has never been
permitted, or a dumping area as defined in this section, which stopped receiving waste
and completed the closure activities.
(4) Closure plan- -A plan addressing the placement of a final cap on a closed municipal
solid waste landfill where waste is exposed or the existing cap is inadequate.
(5) Construction - -The inception of an activity that provides improvements necessary for
the utilization of an enclosed structure.
(6) Develop and/or development - -Any activity on or related to real property that is
intended to lead to the construction or alteration of an enclosed structure for the use
and/or occupation of people for an industrial, commercial, or public purpose or to the
construction of residences for three or more families, including subdivisions that will
include single - family homes and duplexes.
(7) Development permit - -A written permit issued by the executive director that, by its
conditions, may authorize a person or persons to develop an enclosed structure over a
closed municipal solid waste landfill unit. The development permit does not supersede
local building and development permits, but is an additional permit.
(8) Dumping area - -An non - permitted area of land or an excavation with unknown
boundaries or which have had the boundaries determined through subsequent
investigation that has received only municipal solid waste or municipal solid waste
combined with other solid wastes, including but not limited to, construction/demolition
waste, commercial solid waste, nonhazardous sludge, conditionally exempt small -
quantity generator hazardous waste, and industrial solid waste, and that is not a land
—330— 1
treatment unit, surface impoundment, injection well, or waste pile as those terms are
defined in §330.3 of this title (relating to Definitions).
(9) Enclosed structure or structure- -Any permanent structure that is intended to be or
has the potential of being used or occupied by people for an industrial, commercial,
public, or residential purpose.
(10) Essential improvements - -All improvements and appurtenances including, but not
limited to, the excavations for the structure, installation of utilities, on -site wastewater
disposal facilities, grading and drainage improvements, access drives and parking lots,
foundation, security, fencing, landscape plantings, and irrigation systems necessary for
the utilization of an enclosed structure.
(11) Existing structure- -Any enclosed structure that began development prior to
September 1, 1993.
(12) Permitted development - -An enclosed structure or group of enclosed structures that
have been issued a development permit.
(13) Post - closure care - -The period of time beginning with the professional engineer
certification of completing final closure activities as accepted by the executive director in
accordance with § §330.453(f), 330.455(c), or 330.457(0(5) of this title (relating to
Closure and Post - Closure) and ending with the professional engineer certification of
completion of post - closure care maintenance as accepted by the executive director in
accordance with §330.463 of this title (relating to Post - Closure Care Requirements).
Monitoring and maintenance activities are required during the post - closure care period in
accordance with §330.463 of this title.
(14) Post - closure care landfills - -A municipal solid waste landfill facility that has
received a municipal solid waste permit under §330.7 of this title (relating to Permit
Required) and is currently in the post - closure care period as defined in this section.
(15) Registration - -A document issued by the executive director regarding submitted
information for an existing enclosed structure built over a closed municipal solid waste
landfill unit that does not require a development permit.
(16) Site operating plan- -A prepared document that provides guidance for operations
and procedures necessary to maintain human safety and environmental protection at the
development, permitted development, or existing structure in a manner consistent with
the development permit and the commission's regulations.
(17) Structures gas monitoring plan- -A document prepared by a licensed professional
engineer that provides procedures to ensure the detection of landfill gases and the
prevention of migration of landfill gases into enclosed structures.
Rule 330.952. Applicability and Exemptions.
(a) Applicability. The requirements in this subchapter apply to:
(1) persons owning, leasing, or developing property overlying a closed municipal solid
waste landfill as defined by §330.951 of this title (relating to Definitions), except as noted
in subsection (b) of this section; and
(2) persons developing a tract of land greater than one acre, except as noted in
subsection (b) of this section;
—331— 2
(b) Exemptions. The following persons shall be exempt from certain requirements of this
subchapter.
(1) An owner of property constructing a single - family or double - family home, other
than a developer of a housing subdivision, shall be exempt from §330.953 of this title
(relating to Soil Test Required before Development), §330.954 of this title (relating to
Development Permit, Development Authorization, and Registration Requirements,
Procedures, and Processing), and §330.961 of this title (relating to Operational
Requirements for an Enclosed Structure Over a Closed Municipal Solid Waste Landfill
Unit or a Municipal Solid Waste Landfill in Post - Closure Care).
(2) An owner of an existing structure built over a closed municipal solid waste landfill
unit and that is a single - family or double - family home shall be exempt from §330.954 of
this title and/or §330.959 of this title (relating to Contents of Registration Application for
an Existing Structure Built Over a Closed Municipal Solid Waste Landfill Unit) and
§330.961 of this title
Rule 330.953 Soil Test Required before Development.
a) A person may not undertake the development of a tract of land that is greater than one
acre in area unless the person conducts a soil test prior to or during development and
construction. The soil test is intended to determine if a landfill exists on the property
planned for development.
(b) A soil test under this section shall be conducted by a licensed professional engineer.
(c) The licensed professional engineer must choose one of the following tests.
(1) Test I. The licensed engineer shall observe all subsurface disturbances, undertaken
for whatever reason, during development through the completion of the foundation. A
subsurface investigation prior to construction is not required by Test I.
(2) Test II. A subsurface investigation undertaken for the purpose of finding a closed
municipal solid waste landfill unit. The investigation must incorporate a sufficient
number of borings or excavations, the number of which shall be determined on a site -
specific basis by the licensed professional engineer. Each boring or excavation shall be to
a minimum depth of ten feet.
(3) Test III. A subsurface investigation conducted at the development site for
geotechnical or environmental purposes, or a housing and urban development test for a
homeowner's warranty.
(d) In accordance with Texas Health and Safety Code, §361.538(c), any engineer who
conducts a soil test and determines that part of the tract overlies a closed municipal solid
waste landfill shall notify the following persons of that determination within 30 days of
the completion of the test:
(1) each owner and each lessee of the tract;
(2) the executive director;
(3) local government officials with the authority to disapprove the application for
development; and
(4) the regional council of governments.
—332— 3
(e) The responsible engineer shall affix his seal, signature, and date of execution to the
soil test results as required by the Texas Engineering Practice Act, § 15c, and in
accordance with 22 TAC §131.166 (relating to Engineer's Seal).
(f) All soil test excavations where waste is removed shall be backfilled and compacted
with clean high - plasticity or low- plasticity clay. The excavation shall be backfilled to
exceed the existing grade and provide positive drainage.
Rule 330.954. Development Permit, Development Authorization, and Registration
Requirements, Procedures and Processing.
a) Permit required for development over a closed municipal solid waste (MSW) landfill
unit.
(1) No person may commence or continue physical construction of an enclosed structure
over a closed MSW landfill as defined in §330.951 of this title (relating to Definitions)
without first submitting a development permit application in accordance with §330.956 of
this title (relating to Application for Proposed or Existing Constructions Over a Closed
Municipal Solid Waste Landfill Unit, General Requirements) and receiving a
development permit issued by the executive director, except as noted in paragraph (7) of
this subsection. The permit issued by the executive director under this subchapter is a
development permit and not a permit for the management of solid waste. A permit
application for a development permit shall comply with those requirements in this
subchapter. A permit application to manage MSW shall comply with the applicable
sections of Chapter 281 and Chapter 305 of this title (relating to Applications Processing
and Consolidated Permits), and Subchapters A - M of this chapter.
(2) A development permit is required for construction of an enclosed structure over a
closed MSW landfill that had received a permit under §330.7 of this title (relating to
Permit Required) and had its permit revoked at the end of the post - closure care period in
accordance with §305.67 of this title (relating to Revocation and Suspension upon
Request or Consent) or for construction of an enclosed structure over a non - permitted
closed MSW landfill. The exact waste boundary may be determined through soil boring
tests in accordance with §330.953 of this title (relating to Soil Test Required before
Development), or through alternative investigation methods approved by the executive
director.
(3) A development permit for construction of an enclosed structure is required for an
entire property that includes a closed MSW landfill with unknown boundaries as defined
in §330.951 of this title.
(4) The permit application under this subchapter must be received at least 45 days prior
to the proposed commencement of construction over the closed MSW landfill unit.
(5) If a person directs an engineer to conduct Soil Test I, and the soil test reveals the
existence of a closed MSW landfill unit after the commencement of construction,
construction of the enclosed structure being built over the waste area shall cease
immediately, and a permit application shall be submitted and a development permit
issued before construction of the enclosed structure over the waste area unit can resume.
—333— 4
The person may proceed with construction and development of other facilities, including
those items listed in the definition of essential improvements.
(6) If a person directs an engineer to conduct either Soil Test II or Soil Test III and the
engineer discovers a closed MSW landfill unit as a result of the test, the person shall
submit a permit application. Development of an enclosed structure over the closed
landfill unit cannot begin until a development permit is issued.
(7) If a person directs an engineer to conduct either Soil Test II or Soil Test III and the
engineer does not detect a closed MSW landfill unit as a result of the test, but
subsequently discovers a closed MSW landfill unit during the development, the person is
not required to submit a permit application but must meet the provisions of' §330.959 of
this title (relating to Contents of Registration Application for an Existing Structure Built
Over a Closed Municipal Solid Waste Landfill Unit).
(8) As part of the application, the owner shall provide the name and physical and
mailing addresses of a public building with normal operating hours such as library, city
hall, or county courthouse where the application can be viewed by the general public. The
facilities where the permit can be viewed shall be in compliance with all applicable
requirements of the Americans with Disabilities Act. The application shall also include
an adjacent landowner list.
(b) Review and approval of permit application.
(1) Notice of the opportunity to request a public meeting for an application shall be
provided not later than 45 days of the executive director's receipt of the application in
accordance with the procedures contained in §39.501(c) of this title (relating to
Application for Municipal Solid Waste Permit). The owner or operator and the
commission shall hold a public meeting in the local area, prior to facility authorization, if
a public meeting is required based on the criteria contained in §55.154(c) of this title
(relating to Public Meetings). This section does not require the commission to respond to
comments, and it does not create an opportunity for a contested case hearing. The
purpose of the public meeting is for the public to provide input for consideration by the
commission, and for the applicant and commission staff to provide information to the
public.
(2) The commission shall notify the owner by mail of the date and time of the meeting .
(3) The commission shall require the applicant to publish notice of the meeting in a
newspaper that is generally circulated in each county in which the property proposed for
development is located. The published notice must appear at least once a week for the
two weeks before the date of the meeting. The commission shall also notify all
individuals on the list of adjacent landowners at least 15 days prior to the meeting. The
notice shall list the location, date, and time of the public meeting, and the location of the
public building where the development permit application can be viewed.
(4) The executive director's staff will conduct the public meeting at the designated
location. The owner will make a presentation of the application, the executive director's
staff will describe the development permit, and public comment will be received. The
public meeting is not an evidentiary proceeding.
(5) On or before the fifth day following the public meeting:
(A) the executive director will either approve or deny the development permit
application. The executive director shall base the decision on whether the application
meets each of the requirements of §330.956 of this title and §330.957 of this title
—334— 5
(relating to Contents of the Development Permit and Workplan Application). A decision
denying the permit shall state the deficiencies that were cause for the denial and any
modifications necessary to correct those deficiencies; and
(B) a person may submit in writing to the chief clerk a request to be notified of the
executive director's decision on the application.
(6) The date on which the executive director issues the order shall be construed as the
date on which notice of the decision is mailed to the owner and to each person that
requested notification of the executive director's decision in accordance with paragraph
(5)(B) of this subsection.
(7) Petition for review of executive director's decision.
(A) The owner or a person may file a petition for review not later than the tenth day
after the date the executive director issues the order. The owner or person that files a
petition shall file the petition with the chief clerk, and shall mail a copy of the petition to
the owner and to each person that requested notification of the executive director's
decision in accordance with paragraph (5)(B) of this subsection.
(B) If a petition for review is filed, the commission shall act on the petition for review
within 35 days after issuance of the executive director's order or at the next scheduled
commission meeting, whichever is later. The commission may affirm or reverse the order
issued by the executive director.
(C) A commission order ruling on a petition for review is final and effective on the
date issued.
(8) If no petition for review is filed ten days after the executive director issues a
decision, the decision is final and effective on the 1 lth day after the date the decision was
issued.
(9) If the actual cost of reviewing the permit is not equal to the application fee, the
owner will be presented with either a refund or an invoice in accordance with subsection
(a)(7) of this section. If an invoice is submitted, a development permit will not be issued
until the invoice is paid.
(10) An owner who is denied a development permit may submit a new application to the
executive director.
(c) Requirements for development over a closed MSW landfill in post - closure care.
(1) For an MSW landfill that is covered by an existing permit for the management of
solid waste received under §330.7 of this title and is currently in post - closure care, no
person may commence physical construction of an enclosed structure without submitting
a permit modification application for the closure plan and post - closure plan of the
existing permit in accordance with §305.70(j)(6) of this title (relating to Municipal Solid
Waste Permit and Registration Modifications), or a permit amendment application in
accordance with §305.62 of this title (relating to Amendment), and a workplan including
those items listed in §330.957 of this title, and receiving the approval from the executive
director.
(2) For an MSW landfill that is covered by an existing permit for the management of
solid waste received under §330.7 of this title and is currently in post - closure care, no
person may commence with any type of non - enclosed structures, which will result in the
disturbance, in any way, of the final cover without submitting a permit modification
application for the closure plan and post - closure plan of the existing permit in accordance
with §305.70(j)(6) of this title or a permit amendment application in accordance with
—335—
6
§305.62 of this title, and a workplan including those items listed in §330.960 of this title
(relating to Contents of Authorization Request to Disturb Final Cover Over a Closed
Municipal Solid Waste Landfill for Non - enclosed Structures), and receiving the approval
from the executive director.
(3) The executive director shall issue a decision to approve or deny the permit
modification/amendment application. The executive director shall base the decision on
whether the application meets each of the requirements of §305.70(j)(6) or §305.62 of
this title, respectively, and of §330.957 or §330.960 of this title, respectively. A decision
denying the permit modification/amendment shall state the deficiencies that were cause
for the denial and any modifications necessary to correct those deficiencies.
(d) Registration for existing structures.
(1) The owner or lessee of an existing structure that existed or began development prior
to September 1, 1993, and is built over a closed MSW landfill unit, shall submit a
registration application to the executive director. The registration application shall be
submitted to the executive director and shall include those items listed in §330.959 of this
title. This paragraph is not intended to require that owners and lessees of enclosed
structures initiate investigations for closed MSW landfills.
(2) A registration issued by the executive director under this subchapter is not a
registration for the management of solid waste. A registration application for an existing
structure shall comply with those requirements in this subchapter. A registration
application to manage MSW shall comply with the applicable sections of Chapter 281
and Chapter 305 of this title and Subchapters A - M of this chapter.
(3) The owner shall submit the registration within 180 days from the determination that
the structure overlies a closed MSW landfill.
(4) Upon receipt of written approval of the structures gas monitoring plan or approval
with modifications to the plan from the executive director, the owner or lessee of the
existing structure shall implement the plan in accordance with its approved schedule.
(e) Authorization to disturb final cover for non - enclosed structures.
(1) The integrity of the final cover of a closed MSW landfill shall not knowingly be
violated, disturbed, altered, removed, or interrupted in any way without the prior
authorization of the executive director, except where soil tests are being performed in
accordance with §330.953 of this title.
(2) Penetrations of the final cover or liner systems will not be allowed without the prior
authorization of the executive director. These include, but are not limited to, borings,
piers, spread footings, foundations for light standards, fence posts, anchors, deadman
anchors, manholes, on -site disposal systems, recreational facilities, and any other kind of
non - enclosed structures.
(3) An authorization to disturb final cover issued by the executive director under this
subchapter is not an authorization for the management of solid waste. An application for
authorization shall comply with those requirements in this subchapter.
(4) The authorization request must be received at least 45 days prior to the proposed
commencement of construction over the closed MSW landfill unit.
Rule 330.955 Miscellaneous.
—336— 7
(a) An enclosed area to be occupied by people under the natural grade of the land or
under the grade of the final cover of the closed municipal solid waste (MSW) landfill will
not be allowed.
(b) The executive director may require that additional soil layers or building pads be
placed on the final cover prior to the initiation of any construction activity or structural
improvements in order to protect the integrity and function of the final cover, any liner(s),
any components of the containment system(s), or any monitoring system(s).
(c) The executive director may allow small amounts of solid waste removed from a
closed MSW landfill (including residuals from a soil test) to be redeposited in the closed
MSW landfill on a case -by -case basis. The workplan for developing land over a closed
MSW landfill should describe the steps taken to ensure that removed waste will be
appropriately covered or removed to an authorized waste management facility.
(d) Unauthorized pilings in or through the final cover of a closed MSW landfill are
prohibited.
(e) Unauthorized borings or other penetrations of the final cover of a closed MSW
landfill are prohibited.
(f) Any water that comes in contact with waste becomes contaminated water and has to
.___ properl_y_dicchargedina manner4hatwill not causasurface- later -or - groundwater
contamination.
(g) Locations where waste is removed shall be backfilled and compacted with clean high -
plasticity or low - plasticity clay. The excavation shall be backfilled to exceed the existing
grade and provide positive drainage.
(h) No waste shall be left exposed overnight.
Rule 330.956 Application for Proposed or Existing Constructions over a Closed
Municipal Solid Waste Landfill Unit, General Requirements.
(a) The application shall be submitted prior to the public meeting. The owner shall be
required to comply with the design, construction, and operating procedures proposed in
the application.
(b) The owner is responsible for providing the executive director data of sufficient
completeness, accuracy, and clarity to provide assurance that operation of the facility will
pose no reasonable probability of adverse effects to the health, welfare, or physical
property of residents and occupants of the structures, and the environment. Failure to
provide complete information as required by this subchapter may be cause for the
executive director to return the application without further action. Submission of false
information shall constitute grounds for denial or revocation of the development permit.
The owner is responsible for determining and reporting to the executive director any site -
specific conditions that require special design considerations. The proposed development
shall be in compliance with all applicable state and federal laws.
(c) The owner shall submit an application following the requirements in §330.57(e) - (h)
of this title (relating to Permit and Registration Applications for Municipal Solid Waste
Facilities).
(d) The maps submitted as a group shall show the following:
(1) the prevailing wind direction with a wind rose;
—337— 8
(2) all known water wells within 500 feet of the proposed development permit
boundary. The state well - numbering system designation for Texas Water Development
Board "Located Wells," where applicable, shall be shown;
(3) area streams, ponds, lakes, and wetlands;
(4) the property boundary of the site;
(5) drainage, pipeline, and utility easements within or adjacent to the site; and
(6) schools, licensed day care facilities, hospitals and other health care facilities within
1,000 feet of the boundaries of the known fill area.
Rule 330.957 Contents of the Development Permit and Workplan Application
a) General requirements. The application shall follow the general requirements in
§330.956 of this title (relating to Application for Proposed or Existing Constructions
Over a Closed Municipal Solid Waste Landfill Unit, General Requirements).
(b) Certification.
(1) Following the language of Texas Health and Safety Code, §361.533, the licensed
professional engineer preparing a development permit application shall include the
following certification: Certification of No Potential Threat to Public Health or the
Environment. "I, , P.E. # , certify that the proposed
development is necessary to reduce a potential threat to public health or the environment,
or that the proposed development will not increase or create a potential threat to public
health or the environment. Further, I certify that the proposed development will /will not
damage the integrity or function of any component of the Closed Municipal Solid Waste
Landfill Unit, including, but not limited to, the final cover, containment systems,
monitoring system, or liners. This certification includes all documentation of all studies
and data on which I relied in making these determinations." (signed, sealed, and dated by
the licensed professional engineer).
(2) For landfills in post - closure care, the owner or operator of the closed municipal solid
waste (MSW) landfill unit shall submit to the executive director for review and approval
a certification, signed by an independent licensed professional engineer and including all
applicable documentation necessary to support the certification, demonstrating that:
(A) any proposed construction activities or structural improvements on the closed
MSW landfill unit or waste management area shall not disturb the integrity and function
of the final cover, any liner(s), all components of the containment system(s), and any
monitoring system(s);
(B) the post - closure activities or improvements shall not increase or serve to create any
potential threat to human health and the environment or that the proposed activities or
improvements are necessary to reduce a potential threat to human health and the
environment;
(C) any proposed modification or replacement of existing construction activities or
structural improvements on any closed MSW landfill unit or waste management area that
may disturb the integrity and function of any portion of the final cover, any liner(s), any
components of the containment system(s), or any monitoring system(s) shall not increase
nor serve to create any potential threat to human health and the environment; and
—338— 9
(D) other disturbances of a closed MSW landfill unit or waste management area if the
owner or operator submits to the executive director for review and approval, a
certification that demonstrates that the disturbance, including the removal of any waste,
shall not cause harm to the integrity and function of the final cover, any liner(s), any
components of the containment system(s), or any monitoring system(s) and shall not
increase nor serve to create any potential threat to human health or the environment. This
certification shall be signed by the owner or operator of the unit or facility and an
independent licensed professional engineer and shall include all applicable
documentation necessary for the certification.
(c) Existing conditions summary. The owner shall discuss any land use, environmental,
or special issues that affect the facility. This shall include, but not be limited to:
(1) condition of final cover;
(2) waste characterization;
(3) gas production; and
(4) potential environmental impacts.
(d) Legal authority. The applicant shall provide verification of the applicant's legal status.
Normally, this is a one -page certificate of incorporation issued by the Secretary of State.
(e) Evidence of competency. The names of the principals and supervisors of the
applicant's organization relative to the development shall be provided.
(f) Notice of appointment. The applicant shall provide a notice of appointment
identifying the applicant's engineer.
(g) Notice of coordination. The applicant shall provide notice of coordination with all
local, state, and federal government officials and agencies.
(h) Legal description. The applicant shall provide legal description of the property in
accordance with §330.59(d) of this title (relating to Contents of Part I of the Application).
(i) Site drawing. The applicant shall provide a site drawing, drawn to scale, that indicates
the location of all waste disposal areas, existing and proposed structures, creeks, and
ponds.
(j) Maps. All maps shall clearly show the boundaries of the tract of land under
development and the actual fill areas.
(1) General location maps. These maps shall be all or a portion of county maps prepared
by the Texas Department of Transportation (TxDOT). At least one general location map
shall be at a scale of 1/2 inch equals one mile. If the TxDOT publishes more detailed
maps of the proposed site area, the more detailed maps shall also be included. The latest
published revision of all maps shall be used. In addition, the applicant shall provide maps
as necessary to accurately show proximity of the site to surrounding features and
structures.
(2) General topographic maps. These maps shall be United States Geological Survey 7-
1/2 minute quadrangle sheets or equivalent. At least one general topographic map shall be
at a scale of one inch equals 2,000 feet.
(k) General geology and soils statement. The application shall include a discussion in
general terms of the geology and soils of the proposed facility, including any known
pathways for leachate and landfill gas migration.
(1) Groundwater and surface water statement. The application shall include a description
of the groundwater and surface water resources at or near the facility and how they will
be impacted by the development.
—339— 10
(m) Foundation plans. The owner shall provide foundation plans, including geotechnical
soil investigation and design reports.
(1) In order to prevent gas migration into buildings and other structures, structures shall
be designed and constructed in accordance with the following criteria.
(A) A geomembrane or equivalent system with very low gas permeability shall be
installed between the slab and the subgrade, and a permeable layer of a minimum
thickness of 12 inches, composed of an open - graded, clean aggregate material, shall be
installed between the geomembrane and the subgrade.
(B) A geotextile filter shall be utilized to prevent introduction of fine soil or other
particulate matter into the permeable layer.
(C) A landfill gas ventilation or active collection system shall be installed consistent
with the structures gas monitoring plan required by subsection (t) of this section.
(D) Perforated venting pipes or alternative venting methods approved by the executive
director shall be installed within the permeable layer and shall be designed to operate
without clogging.
(E) The venting gas devices shall be constructed to allow connection to an induced -
draft exhaust system.
(F) Automatic methane gas sensors shall be installed within the venting pipe and/or
permeable gas layer and inside the building or any other structure in order to trigger an
audible alarm when methane gas concentrations greater than 20% of the lower explosive
limit are detected.
(2) Alterations of existing structures are exempt from the requirements of paragraph (I)
of this subsection.
(3) An owner who requests suspension of gas monitoring based upon the demonstration
required by subsection (t)(1)(B) of this section, may submit to the executive director a
request for a variance from the requirements of paragraph (1) of this subsection. The
executive director shall base the decision on site - specific factors including, but not
limited to, age of the MSW landfill, type of waste deposited in the MSW landfill, and
testing methods utilized by the owner.
(n) Other plans. The application shall include the following plans:
(1) grading and drainage;
(2) irrigation systems; and
(3) a dimensional control plan of the facility relating all existing and /or proposed
enclosed structures and essential improvements of the development and the locations of
all required improvements and appurtenances to the legal description boundary of the
facility and the limits of the waste disposal area, signed and sealed by a registered
professional land surveyor.
(o) Soil tests. The owner shall provide all soil tests and /or other information relied upon
to make the determination that the facility was used as an MSW disposal area as required
by §330.953 of this title (relating to Soil Test Required before Development), including
procedures performed to identify the limits of the waste disposal area.
(p) Certified copies of required notices. The owner shall provide certified copies of all
notices having been made by the licensed professional engineer, by the owner, and by the
lessor/lessee in accordance with §330.953 of this title, §330.962 of this title (relating to
Notice to Real Property Records), §330.963 of this title (relating to Notice to Buyers,
Lessees, and Occupants), and §330.964 of this title (relating to Lease Restrictions).
—340— 11
(q) Closure plan. The owner shall provide a closure plan for any part of the waste
disposal area that will not have a structure built over it, including placement of the final
cover.
(r) Operational requirements plan. The owner shall provide a plan discussing the
necessary procedures and practices to be implemented and followed to ensure that the
owner meets the provisions of §330.961 of this title (relating to Operational
Requirements for an Enclosed Structure Over a Closed Municipal Solid Waste Landfill
Unit or a Municipal Solid Waste Landfill in Post - Closure Care).
(s) Site operating plan. The owner shall provide a site operating plan, which at a
minimum shall include specific guidance, procedures, instructions, and schedules for the
following:
(1) a description, including size, type, and function, of the equipment to be utilized at
the structure other than methane monitoring equipment;
(2) a detailed description of the procedures that the operating personnel shall follow to
utilize the equipment; and
(3) a plan to implement and maintain the operational requirements of §330.961 of this
title.
(t) Structures gas monitoring plan. The owner shall provide a structures gas monitoring
plan in accordance with the following.
(1) General.
(A) The owner or lessee of a new enclosed structure built or installed over a closed
MSW landfill unit shall ensure that the concentration of methane gas within the facility
structure does not exceed 20% of the lower explosive limit for methane (1.0% by volume
methane) in facility structures (excluding gas control or recovery system components)
overlying the closed MSW landfill unit.
(i) Any new enclosed structures shall contain automatic methane gas sensors
approved by the executive director and designed to trigger an audible alarm if the
volumetric concentration of methane in the air is greater than 1.0% (20% of the lower
explosive limit).
(ii) Any new enclosed structures built over a closed MSW landfill shall utilize a
ventilation system or an active gas extraction and collection system.
(B) Landfill gas monitoring requirements for a development applying for a
development permit under this subchapter may be suspended by the executive director if
the owner can demonstrate that there is no potential for migration of the landfill gases
listed in paragraph (2)(G) of this subsection. This demonstration shall be certified by a
licensed professional engineer and approved by the executive director, and shall be based
upon site - specific field - collected measurements, sampling, and analysis of physical,
chemical, and biological processes.
(2) Requirements for structures gas monitoring plan. The owner or lessee shall submit a
structures gas monitoring plan, designed by a licensed professional engineer, to the
executive director for review and approval. The plan shall ensure detection of the
presence of landfill gas entering on -site structures. All design drawings shall bear the
licensed engineer's seal and signature. The plan shall include, but not be limited to, the
following:
(A) a discussion of specific facility characteristics and potential migration pathways or
barriers in the development of the plan, including, but not limited to:
—341— 12
(i) locations of buildings and structures relative to the waste disposal area;
(ii) the nature and age of waste and its potential to generate landfill gas;
(iii) routes of entry for the intrusion of landfill gas into structures;
(iv) ignition sources within,structures;
(v) the location of any utility lines or pipelines that cross, are adjacent to, or are near
the closed MSW landfill unit;
(vi) number of people occupying the structures and duration of occupation; and
(vii) depth of final cover over deposited waste;
(B) a narrative describing design characteristics of proposed structures related to
landfill gas accumulation prevention, detection, and elimination including, but not limited
to:
(i) structural;
(ii) electrical; and
(iii) mechanical;
(C) a description of the ventilation system or active gas collection and destruction
system to be utilized including engineering drawings and manufacturer's specification
sheets. Active gas collection and destruction systems shall comply with applicable parts
of § §115.152, 115.153, 115.155 - 115.157, and 115.159 of this title (relating to Control
Requirements; Alternate Control Requirements; Approved Test Methods; Monitoring and
Recordkeeping Requirements; Exemptions; and Counties and Compliance Schedule);
(D) a description of landfill gas monitoring equipment to be used in existing and
proposed structures, complete with manufacturer's specification sheets;
(E) a detailed implementation schedule for the installation of landfill gas monitoring
equipment;
(F) a sampling and analysis plan for determining landfill gas components, which
includes provisions for:
(i) sample withdrawal equipment and techniques;
(ii) sampling protocol for field measurements of diluted gas emissions; and
(iii) a quality assurance /quality control sampling plan to include, but not be limited to:
(I) field sampling;
(II) analytical methods;
(III) quality control samples and methods;
(IV) laboratory data reduction; and
(V) documentation required; and
(G) a complete analysis of the landfill gas to include, but not be limited to:
(i) a mass balance analysis for major components such as methane, other light
hydrocarbons, carbon monoxide, and water vapor measured with fairly high precision
(i.e., 5.0% - 10% relative error);
(ii) trace analyses for hydrogen sulfide, mercaptans, and ammonia; and
(iii) analysis for volatile organic compounds using an evacuated steel canister
collection device (similar to United States Environmental Protection Agency Method
TO14) and gas chromatography /mass spectrometry detection system.
(u) Safety and evacuation plan. The owner shall provide a plan describing evacuation
procedures and safety measures in the event the methane gas sensors sound the audible
alarms.
—342— 13
Rule 330.958 Construction Plans and Specifications
Construction plans and specifications of the proposed or modified structure shall be
prepared and maintained at the structure at all times during construction. After
completion of construction, one set of as-built construction plans and specifications shall
be maintained at the permitted development. Plans maintained at the structure shall be
made available for inspection by executive director representatives.
Rule 330.959 Contents of Registration Application for an Existing Structure Built
Over a Closed Municipal Solid Waste Landfill
a) The application shall follow the general requirements as set forth in §330.956 of this
title (relating to Application for Proposed or Existing Constructions Over a Closed
Municipal Solid Waste Landfill Unit, General Requirements).
(b) The registration application shall consist of the following:
(1) a legal description as set forth in §330.957(e) of this title (relating to Contents of the
Development Permit and Workplan Application);
(2) certified copies of all notices having been made by the owner and the lessor /lessee in
accordance with §330.962 of this title (relating to Notice to Real Property Records),
§330.963 of this title (relating to Notice to Buyers, Lessees, and Occupants), and
§330.964 of this title (relating to Lease Restrictions);
(3) plans and drawings as set forth in §330.957(i), (j), and (n)(3) of this title;
(4) a site operating plan as set forth in §330.957(s) of this title;
(5) a structures gas monitoring plan:
(A) General.
(i) The owner or lessee of an existing structure built over a closed municipal solid
waste landfill unit shall ensure that the concentration of methane gas generated by the
landfill does not exceed 20% of the lower explosive limit for methane (1.0% by volume
methane in air) in facility structures (excluding gas control or recovery system
components). Any enclosed structures shall contain automatic methane gas sensors
approved by the executive director and designed to trigger an audible alarm if the
volumetric concentration of methane in the air is greater than 1.0 %.
(ii) Landfill gas monitoring requirements for a registration under this section may be
suspended by the executive director as provided for in §330.957(t)(1)(B) of this title.
(B) Requirements for structures gas monitoring plan. The owner or lessee shall submit
a structures gas monitoring plan, designed by a licensed professional engineer, to the
executive director for review and approval. The plan shall ensure detection of the
presence of landfill gas entering on -site structures. All design drawings should bear the
licensed engineer's seal and signature. The plan shall include, but not be limited to, the
following:
(i) an analysis of specific facility characteristics and potential migration pathways or
barriers as set forth in §330.957(t)(2)(A) of this title;
(ii) a facility drawing, drawn to scale, which indicates the location of all waste
disposal areas, existing structures, creeks, and ponds;
—343— 14
(iii) a narrative describing modifications to the existing structures including, but not
limited to, the following:
(I) structural;
(II) electrical;
(III) mechanical; and
(IV) landfill gas monitoring equipment including manufacturer's specification sheets
and any gas ventilation or active gas extraction systems if the development utilizes such
systems;
(iv) a detailed implementation schedule for the installation of landfill gas monitoring
equipment;
(v) a sampling and analysis plan as set forth in §330.957(t)(2)(F) of this title; and
(vi) a landfill gas analysis as set forth in §330.957(t)(2)(G) of this title; and
(6) a safety and evacuation plan describing evacuation procedures and safety measures
in the event the methane gas sensors sound the audible alarms.
Rule 330.960 Contents of Authorization Request to Disturb Final Cover over a
Closed Municipal Solid Waste Landfill for Non - enclosed Structures.
The owner of a property that includes a closed municipal solid waste landfill shall not
disturb the final cover without prior written approval from the executive director. The
authorization request shall include the following:
(1) a certification as set forth in §330.957(b) of this title (relating to Contents of the
Development Permit and Workplan Application);
(2) the existing conditions summary as set forth in §330.957(c) of this title;
(3) proposed project description including location related to the closed landfill;
(4) description of the construction/investigation process including, but not limited to,
work schedule and safety issues during construction;
(5) description of the procedures for water and /or methane monitoring and excavated
material disposal during construction;
(6) maps and drawings, site drawing, and general location map to indicate the landfill
location; and
(7) engineering plans, sealed and signed by a licensed professional engineer indicating
the proposed project description and its location relative to the landfill.
Rule 330.961 Operational Requirements for an Enclosed Structure over a Closed
Municipal Solid Waste Landfill Unit or a Municipal Solid Waste Landfill in Post -
Closure Care
(a) General.
(1) The development permit or registration, the site operating plan, any closure plan, the
structures gas monitoring plan, the safety and evacuation plan, and all other documents
and plans required by this subchapter shall become operational requirements and shall be
—344— 15
considered a part of the operating record of the development or structure. A copy of these
documents shall be maintained on site in an office at the permitted /registered
development.
(2) The owner, operator, or lessee shall retain the operating record for the life of the
structure.
(3) Any deviation from the development permit/registration and incorporated plans or
other related documents associated with the development permit or registration without
approval of the executive director is a violation of this subchapter.
(4) The development permit or registration holder shall notify the executive director,
and any local pollution agency with jurisdiction that has requested to be notified, of any
incident involving the facility relative to the development permit or registration and
provisions for the remediation of the incident.
(b) Landfill gas control. All landfill gases shall be monitored in accordance with the
structures gas monitoring plan prepared as set forth in §330.957 of this title (relating to
Contents of the Development Permit and Workplan Application) and §330.959 of this
title (relating to Contents of Registration Application for an Existing Structure Built Over
a Closed Municipal Solid Waste Landfill Unit).
(1) Landfill gas monitoring.
(A) The owner or lessee of a new structure to be built or an existing structure built over
a closed municipal solid waste (MSW) landfill unit shall provide equipment for
monitoring on -site structures, including, but not limited to, buildings, subsurface vaults,
utilities, or any other areas where potential gas buildup would be of concern.
(B) Monitoring on -site structures may include, but is not limited to, periodic
monitoring using either permanently installed monitoring probes or continuous
monitoring systems.
(C) Structures located on top of the waste area shall be monitored on a continuous
basis, and monitoring equipment shall be designed to trigger an audible alarm if the
volumetric concentration of methane in the sampled air is greater than 1% within the
venting pipe or permeable layer, and/or inside the structure. When practical, structures
should be monitored after they have been closed overnight or for the weekend to allow
for an accurate assessment of gas accumulation.
(D) Areas of the structure where gas may accumulate should be monitored and include,
but are not limited to, areas in, under, beneath, and around basements, crawl spaces, floor
seams or cracks, and subsurface utility connections.
(E) Gas monitoring and control systems shall be modified as needed to reflect
modifications to the structure.
(2) Reporting.
(A) All on -site structures shall be sampled for methane on a monthly basis. All
monthly sampling results shall be placed in the operating record of the facility in
accordance with §330.125(b)(3) of this title (relating to Recordkeeping Requirements)
and be made available for inspection by the executive director, and any local pollution
agency with jurisdiction that has requested to be notified, in accordance with §330.125(c)
of this title. If methane gas levels exceeding the limits specified in paragraph (1) of this
subsection are detected, the owner, operator, or lessee shall notify the executive director
and take action in accordance with §330.371(c) of this title (relating to Landfill Gas
Management).
—345— 16
(B) Sampling for specified trace gases may be required by the executive director when
there is a possibility of acute or chronic exposure due to carcinogenic or toxic
compounds.
(c) Air criteria.
(1) The closed MSW landfill is subject to commission jurisdiction concerning burning
and air pollution control. The owner shall ensure that the closed MSW landfill does not
violate any applicable requirement of the approved state implementation plan.
(2) Ventilation of the closed MSW landfill and any enclosed structures shall be provided
in accordance with all appropriate commission rules.
(d) Ponded water. The ponding of water over waste in the closed MSW landfill unit,
regardless of its origin, shall be prevented. Ponded water that occurs on a closed MSW
landfill unit shall be eliminated as quickly as possible and the area in which the ponding
occurred shall be filled in and regraded within seven days of the occurrence.
(e) Water pollution control. Surface drainage in and around the structure shall be
controlled to minimize surface water running onto, into, and off the closed MSW landfill.
(f) Groundwater monitoring. Groundwater monitoring may be required by the executive
director and shall be conducted in accordance with the requirements of Subchapter J of
this title (relating to Groundwater Monitoring and Corrective Action).
(g) Conduits. All conduits intended for the transport or carrying of fluids over or within
the closed MSW landfill shall be double - containment (split casings shall not be used). To
the extent possible, all such utilities shall be in fill material placed over the upgraded final
cover.
(h) Recordkeeping requirements.
(1) The owner or lessee shall promptly record and retain in the operating record the
following information:
(A) all results from gas monitoring and any remediation plans pertaining to explosive
and other gases;
(B) all unit design documentation for the placement of gas monitoring systems and
leachate or gas condensate removal or disposal related to the closed MSW landfill unit;
(C) copies of all correspondence and responses relating to the development permit;
(D) all documents relating to the operation and maintenance of the building, facility, or
monitoring systems as they relate to the development permit; and
(E) any other document(s) as specified by the approved development permit or by the
executive director.
(2) The owner, operator, or lessee shall provide written notification to the executive
director, and any local pollution agency with jurisdiction that has requested to be notified,
for each occurrence that documents listed in subsection (h) of this section are placed into
or added to the operating record. All information contained in the operating record shall
be furnished upon request to the executive director and shall be made available at all
reasonable times for inspection by the executive director or his representative.
Rule 330.962 Notice to Real Property Records
a) Owner of property. An owner of property that overlies a closed municipal solid waste
(MSW) landfill shall prepare and file for record in the real property records in the county
where the land is located a written notice stating:
—346— 17
(1) the former use of the land;
(2) the legal description of the tract of land that contains the closed MSW landfill, and at
the owner's discretion, the portion of the tract of land that contains the closed MSW
landfill;
(3) notice that restrictions on the development or lease of the land exist in Texas Health
and Safety Code, Chapter 361, Subchapter R and this subchapter; and
(4) the name of the owner.
(b) Local government official. A local government official who receives notice under
§330.953 of this title (relating to Soil Test Required before Development) that a closed
MSW landfill exists on a tract of land shall prepare and file for record in the real property
records in the county where the land is located a written notice stating:
(1) the legal description of the tract of land that contains the closed MSW landfill;
(2) the current owner of the tract;
(3) notice of the tract's former use as an MSW landfill unit; and
(4) notice that restrictions on the development or lease of the land exist in Texas Health
and Safety Code, Chapter 361, Subchapter R and in this subchapter.
Rule 330.963 Notice to Buyers, Lessees, and Occupants
(a) An owner of land that overlies a closed municipal solid waste (MSW) landfill shall
prepare a written notice stating the former use of the facility, the legal description of
property, notice of the restrictions on the development or lease of the land imposed by
this subchapter and Texas Health and Safety Code, Chapter 361, Subchapter R, and the
name of the owner. The owner shall file for record the notice in the real property records
of the county in which the property is located.
(b) An owner of land that overlies a closed MSW landfill shall notify each lessee and
each occupant of a structure that overlies the unit of:
(1) the land's former use as a landfill; and
(2) the structural controls in place to minimize potential future danger posed by the
closed MSW landfill.
Rule 330.964 Lease Restrictions
This section is not intended to require that owners and lessees of property initiate
investigations for closed municipal solid waste (MSW) landfills. A person may not lease
or offer for lease property that overlies a closed MSW landfill unit unless:
(1) existing development on the land is in compliance with this subchapter; or
(2) the person gives notice to the prospective lessee of what is required to bring the
property and any development on the property into compliance with this subchapter and
the prohibitions or requirements for future development imposed by this subchapter and
by any development permit issued for development of the property under this subchapter.
—347— 18
Page 1 of 2
AN ORDINANCE
ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS
DESIGNEE, TO AMEND THE LEASE AGREEMENT WITH CORPUS
CHRISTI UNITED LITTLE MISS KICKBALL LEAGUE, A NON- PROFIT
ORGANIZATION, FOR THE USE OF BILL WITT PARK FOR ITS
KICKBALL PROGRAM TO END IN JANUARY 2014; PROVIDING FOR
SEVERANCE; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI
TEXAS THAT
SECTION 1. The City Manager or his designee is authorized to amend the Lease
Agreement with Corpus Christi United Little Miss Kickball League, a non - profit
organization, for the use of Bill Witt Park for its kickball program to end in January 2014.
A copy of the lease is on file 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. That upon written request of the Mayor or five Council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter Rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the day of February, 2009.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved: February 2, 2009
d
By: e
Lisa Aguilar
Senior Assistant City Attorney
For City Attorney
Henry Garrett
Mayor
C ;DOCUME -1 Veannie \LOCALS -1 \ Temp \GWViewer\ ORD- fjRle0.dLeaseCCUnitedKickball- BillwittPark.doc
Page 2of2
Corpus Christi, Texas
Day of , 2009
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: I /we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
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
C:\DOCUME -1 \Jeannie \LOCALS -1\ Temp\ GWViewer\ ORD- AmendleaseCCUnitedKickball- BiIIWittPark.doc
—349—
LEASE
BETWEEN THE CITY OF CORPUS CHRISTI IR AND CORPUS CHRISTI UNITED LITTLE
MISS KICKBALL
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 "), and Corpus Christi United Little Miss Kickball
( "Lessee "), a nonprofit organization, acting through its duly authorized President of
Lessee.
WHEREAS, the City owns property described on the attached Exhibit A, which said
property is located in Corpus Christi Nueces County, Texas, a portion of which will be
known as the "Premises";
WHEREAS, the Lessee desires to use the Premises for program described on the
attached Exhibit A; and
WHEREAS, the City desires to allow Lessee to use the Premises for said program;
NOW, THEREFORE, the City 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 as described on the attached exhibit, beginning on day of City Council
approval, ( "Effective Date ") which is , unless sooner
terminated as set out herein. Upon Effective Date, this lease terminates the prior leases
between the parties for use of said Premises.
Section 2. Contact Person /Lease Administrator. For this Lease, the City's contact
person and lease administrator is the Director of Park and Recreation or designee
( "Director ").
Section 3. Premises and Improvements. City leases to Lessee the Premises, as
described and delineated in Exhibit B 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 operate the program described on Exhibit A
and must 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, and irrigation
—350—
systems, if any are present or installed on the Premises.
(C) Lessee must immediately report any vandalism to the Director, or designee,
and the Corpus Christi Police Department, Nueces County, Texas;
(D) Lessee shall ensure that parking is confined to on- street parking only, or
designated parking lots but no parking is to be allowed on grass;
(E) Lessee will provide normal, scheduled mowing of the Premises. Lessee will be
responsible for maintaining the fields as set out in 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;
(F) Lessee shall maintain the fields within the Premises boundary lines. Grass on
the fields must not exceed three (3) inches. Lessee must mow the 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 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) If Lessee utilizes goal posts on the Premises, Lessee shall maintain a secure
anchoring system on all goal posts used on the fields at Premises. Lessee
must repair any deficiency found in the anchoring system that impairs the safe
use of the anchoring system within forty -eight (48) hours after the need for
repair is or should have been discovered;
(H) Lessee is responsible to proper installation and use of all equipment and
improvements at Premises;
(I) Lessee must maintain First Aid kit on Premises;
(J) Lessee shall submit the attached Exhibit D, Standard of Maintenance to the
Director no later than January 31 of each year.
Section 5. Compliance with Maintenance Standards. The City Manager and the
Director, 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 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's invoice. Failure to pay the City's invoice for 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 for
Lessee's nonperformance of the maintenance.
Section 6. Sportsmanship Program. Lessee shall require that all of its coaches and at
least one family member of each youth participant shall complete a state or nationally
recognized, or Parks Director approved, parent and coach sportsmanship program.
—351—
2
Section 7. Assignment and Sublease. This Lease may not be, in whole or in part,
assigned, directly or indirectly, without the prior written consent of the City. This Lease
may be sublet only with the prior written consent of the Director. Requests to sublet the
premises must be submitted to the Director at least 30 days in advance.
Section 8. Securing /Anchoring of Goal Posts. Lessee acknowledges and covenants
that Lessee shall be responsible, during the term of this Lease, for maintaining the
anchoring system, as set out in Section 4 above. Any change, alteration, or modification to
the anchoring system during the term of this Lease must be submitted to Director, in
writing, prior to the change, alteration or modification being made.
Section 9. 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 10. Joint Use.
(A) City retains 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 Lessee's sport program purposes. Requests for scheduled organized
activities by other organizations will be reviewed for approval or denial by the
Director and Lessee.
(B) City retains the right to use or cross the Premises with utility lines and /or
easements. City may exercise these rights without compensation to Lessee
for damages to the Premises and /or any Improvements from installing,
maintaining, repairing, or removing the utility lines and /or easements. City
must use reasonable judgment in locating the utility lines and /or easements
to minimize damage to the Premises and /or its Improvements.
Section 11. Primary Purpose. Lessee must establish and maintain a recreational area
with the primary purpose being for the operation of a sports program described on
attached Exhibit A and for no other purpose without the Director's prior written approval.
Lessee's fundraising activities on Premises require Director's prior written approval.
Lessee's insurance must provide coverage in compliance with Section 19 for the type of
fundraising activity being proposed by Lessee.
Section 12. 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
-352-
3
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. At the termination or expiration of this Lease, all
permanent additions and alterations installed by Lessee at the Premises,
including but not limited to, fences, concession stands, goal posts and
bleachers, become property of the City without necessity of legal action.
Section 13. 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 14. 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 15. Advertising. The Director has the right to prohibit any advertising by
Lessee on Premises which impairs the reputation of the Premises or the City.
Section 16. Security. Lessee shall contract and pay for any and all security it requires
at the Premises during the term of this Lease.
Section 17. 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. The City Manager, or his designee, retains
the right to take such action as the United States may direct to enforce this non-
discrimination covenant.
Section 18. 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
—353— 4
(B)
at the Premises and its performance under this Lease. This Lease is also
subject to applicable provisions of the City Charter.
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 19. Costs. Noncompliance with the terms herein may result in termination of
this Lease and repossession of the Premises and its Improvements by the City or its
agents. If the City undertakes legal action to enforce compliance or collect damages
resulting from noncompliance, Lessee must pay all of the City's court costs and ex-
penses, including reasonable attorneys' fees.
Section 20. Indemnity. Lessee, its officers, members, partners,
employees, representatives, agents, and licensees (collectively,
Indemnitors) covenant to fully indemnify, save, and hold
harm less the City, its 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 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's sports program; (2) the
exercise of rights under this Lease; (3) an act or omission,
negligence, or misconduct on the part of any persons having
involvement in, participation with, or business with the Premises,
Lessee, or the Lessee's sport program whether authorized with
the express or implied invitation or permission of Lessee
(collectively, Lessee's Invitees) entering upon the Premises or its
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 by Indemnitees or any them of any law, rule,
—354—
5
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 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 in all
actions based thereon with counsel satisfactory to lndemnitees,
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 21. 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 C, 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 22. No debts. Lessee shall not incur any debts nor obligations on the credit of
City during the term o this Lease.
Section 23. Termination.
(A) The City Manager may immediately terminate this Lease for cause and
without penalty if the City Manager determines, in his sole discretion, that
Lessee is no longer fulfilling the primary purpose of the Lease as set out in
Exhibit A.
—355—
6
(B) In addition, the City Manager may immediately terminate this Lease for
cause and without penalty if he determines, in its sole discretion, that Lessee
is in violation of any Federal, State, or local government law, rule, regulation,
or ordinance.
(C) Additionally, if there is noncompliance with one or more of the provisions
contained herein, the Director may give Lessee written notice to cure or
begin curing the 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, the
City Manager may terminate this Lease for cause without penalty by
providing written notice of termination and listing one or more areas of
continued noncompliance.
(D) Either City Manager or Lessee may terminate this Lease without cause
without penalty by giving thirty (30) days written notice to the non - terminating
party.
Section 24. 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; or (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 Name and address on Exhibit A
Attn: Director of Park & Recreation
P. O. Box 9277
Corpus Christi, TX 78469 -9277
Either party may change the address to which notice is sent by using a method set out
above. Lessee will notify the City of an address change within thirty (30) days after the
address is changed.
Section 25. List of Current Officers and Board of Directors, and Bylaws. Lessee
must submit its current List of Officers and Board of Directors (List) to the Director by
each January 31 of each year of this Lease. The List must contain each person's title,
name, address, home phone, and office or fax phone, and email address. Lessee must
notify Director in writing immediately if there are any changes in the Officers or Board of
Directors. Lessee must provide Director with copy of the current Bylaws, and
immediately provide Director with any amendments to the Bylaws.
Section 26. Reporting. Lessee shall submit reports listing the number of youth and
teams registered by Lessee to play sports each year during the term of this Lease. The
reports must be submitted to the Director within two weeks after the start of Lessee's
season.
—356—
7
Section 27. Construction and Reconstruction Funds.
(A) If the City receives funds to construct or reconstruct Improvements at the
Premises, Lessee covenants to Vacate the Premises, should the Director
deem it necessary, upon thirty (30) days written notice from the Director.
(B) Lessee has no action for damages against nor will be compensated by the
City for loss of use of the Premises and /or Improvements. The City has no
obligation to provide an alternate location for Lessee during the Improve-
ments construction or reconstruction period. The consideration for Lessee
relinquishing all rights to use the Premises and Improvements during the
construction or reconstruction period is the City's construction or recon-
struction of the Improvements for Lessee's benefit.
(C) Once construction or reconstruction of the Improvements is complete, the
Director will notify Lessee, in writing, of the date on which the Premises
and Improvements are once again available to Lessee.
(D) Lessee's term will not change nor increase if the City requests Lessee to
vacate the Premises as set out herein.
Section 28. 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 29. 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
—357— 8
default.
Section 30. 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 sus-
pended during this period to the extent performance is reasonably affected.
Section 31. Publication. Lessee agrees to pay the cost of newspaper publication of
this Lease and related ordinance as required by the City Charter.
Section 32. 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 33. 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 un-
der 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, for it
is the definite intent of the parties to this Lease that every section, para-
graph, 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 unen-
forceable 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 34. 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 35. Entirety Clause. This Lease and the attached and incorporated exhibits
constitute the entire agreement between the City and Lessee for the purpose granted.
All other agreements, promises, representations, and understandings, oral or otherwise,
with reference to the subject matter hereof, unless contained in this Lease are expressly
revoked, except for the promulgation of future maintenance rules as contemplated in
Section 4 herein above, as the parties intend to provide for a complete understanding
within the provisions of this Lease and its exhibits of the terms, conditions, promises,
—358— 9
and covenants governing each party's performance hereunder and as relating to
Lessee's use of the Premises.
EXECUTED IN DUPLICATE, each of which shall be considered an original, on this
the day of , 2009.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Approved as to legal form: g(4 01
'Angel R. Escobar, City Manager
Lisa Ag I r, Assistant City Attorney
For City Attorney
LESSEE: CORP =' HRISTI UNITED LITTLE MISS KICKBALL
,By:
President
Printed Name: 2; ? / Z4'4,4
Date: /—V9
STATE OF TEXAS '
COUNTY OF NUECES '
This instrument was acknowledged before me on 14 � , 2009, by
Ts 7a,wk& , President of (iii . , on behalf of said organization.
DONNA 1. DELEON
AP/ .,�� = Notary Public
STATE OF TEXAS
it
}`s'!1--e 01 My Comm. Exp. 08 -11 -2012
Not ry Public, State of Texas
Commission expires: f1( J Lb 7
Printed name:
—359— 10
EXHIBIT A
Corpus Christi United Little Miss Kickball
Property Description: Bill Witt Park
Term: January 27, 2009 to January 31, 2014
Program to be operated by Lessee: Kickball
Notice Address for Lessee:
Corpus Christi United Little Miss Kickball
Attn: President
P. 0. Box 7139
Corpus Christi, Texas 78467
-360- 11
EXHIBIT B
See attached Site map
-361-
12
PADRE YOUTH 1100r
BILL WITT PARR
EXHIBIT
SOUTH TOMS
POP RA M BO
YOnH FOOTBALL
A
RO'IY
POINT OF
comossera
MAD BAY IRON ROO
IN ARPOS ARppMIN RBPO DICE TO
SNIVSYOrBV IORAOIOD 7p. VRSM
AUGUST IB75 APO FIL® AM CITY
RIOT- OF-WAY IMP 00117.
FOLIO CHILL FOLK
1, annul O. Oeh., a. e• Pramlea•t Lull
. hereby certify that to eeeee es map
was prepared frees • ewer • the green
I-, Mr•et� Thl. e. � en of P�EU
Gambit D.oci.
a D. Oats FOUND GRILL ICA
Mete of Tun Lie. 6241
POLIO L? IRON ROO
Iseasmnff
BEING 18979 ACRES OF LAND OUT OF THAT CERTAIN
13e22 ACRE TRACT. CONVEYED To THE cITY of CORPUS
CHRISTI, TEXAS, COPMAOPLY KNOWN AS BILL WITT
PARK AND DESCRIBED IN DEED RECORDED IN VOLUME
1709, PACE 96 OF THE DEED RECORDS OF NUECEB
COIPITY, TEXAS. AND BEING OUT OF SECTION 21 OF THE
FLOUR BLUFF AND EVCINAL FARM 8 GARDEN TRACTS,
RECORDED IN VOLUME A. PAGES 41-43 OF THE MAP
REOCRDS OF NUECES COUNTY. TEXAS.
36?
CORPUS CHRISTI UNITED
LITTLE MISS KICKBALL
LEASE OUT OF
BILL WITT PARK
O.PVeaent er WITArwerfro anvla•
Surrey Aeldelty
Date' I +1:32 Page 1 Of
CITY OT
Water
CORPUS GRIM
EXHIBIT C
INSURANCE REQUIREMENTS
LESSEE'S LIABILITY INSURANCE
A. Lessee must not commence work under this Lease until insurance required herein has been obtained and such
insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all
similar insurance required of the subcontractor has been obtained.
B. Lessee must furnish to the City's Risk Manager, (two) 2 copies of Certificates of Insurance, showing the following
minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an
additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30 -Day written notice of cancellation, non - renewal,
material change or termination is required on all
certificates.
Bodily Injury and Property Damage
Per occurrence / aggregate
Commercial General Liability including:
$1,000,000 COMBINED SINGLE LIMIT
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
C. In the event of accidents of any kind, Lessee must fumish the Risk Manager copies of all reports of any accidents
within 10 days of the accident.
II. ADDITIONAL REQUIREMENTS
A. Certificate of Insurance:
• The City of Corpus Christi must be named as an additional insured on the liability coverage, and a
blanket waiver of subrogation is required on all applicable policies.
• If your insurance company uses the standard ACORD form, the cancellation clause (bottom right)
must be amended by adding the wording "changed or between "be" and "canceled ", and deleting the
words, "endeavor to ", and deleting the wording after "left'. ".In lieu of modification of the ACORD form,
separate policy endorsements addressing the same substantive requirements are mandatory.
• The name of the project must be listed under "Description of Operations ".
• At a minimum, a 30 -day written notice of cancellation, material change, non - renewal or termination is
required.
B. If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items
1.B (1) -(7), an authorized representative of the insurance company must include a letter specifically stating
whether items 1.B. (1) -(7) are included or excluded.
-363-
13
EXHIBIT D
STANDARD OF MAINTENANCE
SPORT FIELD LEASE CHECKLIST
Due January 31
SITE: INSPECTOR:
ADDRESS:
Date:
Please fill out whatever pertains to your Sports league, please use comment box
below to describe your sports field if it's not listed.
All Leases Sport League will be expected to complete this self- inspection checklist form
annually. Due date will be January of the upcoming year.
Each league is responsible for their self inspection. If the inspection is not submitted to
the City of Corpus Christi Parks and Recreation Department, 1201 Leopard, Corpus
Christi, Texas 78401 by January 31 the League will be assessed a fee of $500.00 per
site and the City will do the inspection.
Check "NO" if repairs are not necessary; "YES" if repairs are necessary. A comment is
required for any "YES" answer.
PLAYING SURFACE: Baseball Field, Soccer Field, Football Field, Softball Playing
Field,
Yes No
[ ] [ ] 1. Maintenance equipment such as rakes, hoses, etc. are stored correctly.
[ ] [ ] 2. Litter and unsafe debris is picked up around the field and player /spectator
areas.
[ 1 [ ] 3. The supply and location of waste cans are adequate.
[ ] [ ] 4. Sprinkler heads, drainage grates, valve boxes, etc. in the field are grade level
and /or do not have sharp edges or unsafe protrusions.
[ ] [ 1 5. Recurring accidents from players running into surrounding objects such as
fencing, light posts, bleachers,etc.
[ ] [ ] 6. Our facility complies with industry recommended field design specifications.
[ ] [ ] 7. Playing field is level
[111 8. Playing surface is safe. (no holes or unsteady surfaces)
COMMENTS
—364—
BASES AND ANCHORING: Baseball Field, Soccer Field, Football Field, Softball
Playing Field,
Yes No
[ ] [ ] 1. The bases or goal are installed according to the manufacturer's
requirement.
[1 [ ] 2. The bases or goals are secure and safe.
COMMENTS
FENCING area around the following: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] [ ] 1. Fence posts are not loose and /or properly set in the ground.
[ ] [ ] 2. Fence posts are not on the inside of the playing area fence.
[1 [ ] 3. Concrete footings are not exposed above ground.
[1 [ ] 4. Fencing is securely attached to the fence posts with no loose or broken ties.
[ ] [ ] 5. There are not unsafe gaps under fencing.
[1 [ ] 6. Wire ends of chain link fencing are not exposed along the top.
[ ] [ ] 7. There are not damaged portions of fencing that are loose, sharp, protruding, or
unsafe.
[ ] [ ] 9. Gates are not left open during games.
[ ] [ ] 10. Backstops and goals not meet industry recommended specifications.
COMMENTS
TURF AREAS for the following: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] [ ] 1. There are not unsafe bare spots in turf with a hard soil surface
exposed.
[][] 2. The surface is level.
[ ] [ ] 3. Soil is properly draining for safe running surface.
[ ] [ ] 4. Turf is uniform in texture, density, or height making an unsafe playing
surface.
[ ] [ ] 5. Turf irrigation is properly installed and working.
[ ] [ ] 6. Weeds are not present with thorns, bristles, or burrs.
-365-
7. Moles, gophers or other animals have not caused mounds or holes.
8. No hazardous ruts are present.
9. Permanent materials used to mark foul lines (i.e., white boards or fire
hose) are not protruding from the surface.
COMMENTS
LIGHTING for the following areas: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] [] 1. The lighting was designed, installed and inspected by properly trained
engineers or technicians.
[ ] [ ] 2. There are burned out lights.
[ 1 [ ] 3. The beam direction of the lights are properly adjusted.
[ ] [ ] 4. The lighting foot - candles meet industry recommended specifications.
COMMENTS
BLEACHERS for the following areas: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] [ 1 1. The nuts and bolts on the bleachers are not loose, missing, or protruding.
[ ] [ ] 2. The guard rails are not loose or missing.
[ ] [ ] 3. The plank or railing end caps are loose or missing.
[ ] [ ] 4. Wooden planks are not worn out or splintered.
[ ] [ ] 5. There are not hazardous protrusions or sharp edges.
COMMENTS
—366—
Page 1 of 2
AN ORDINANCE
ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS
DESIGNEE, TO AMEND THE LEASE AGREEMENT WITH PADRE
SOCCER LEAGUE, A NON - PROFIT ORGANIZATION, FOR THE USE
OF BILL WITT PARK FOR ITS SOCCER PROGRAM TO END IN
JANUARY 2013; PROVIDING FOR SEVERANCE; AND DECLARING
AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI
TEXAS THAT
SECTION 1. The City Manager or his designee is authorized to amend the Lease
Agreement with Padre Soccer League, a non - profit organization, for the use of Bill Witt
Park for its soccer program to end in January 2013. A copy of the lease is on file 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. That upon written request of the Mayor or five Council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter Rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the day of February, 2009.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved: February 2, 2009
b(��i , __ .
By:
Lisa Aguilar J
Senior Assistant City Attorney
For City Attorney
Henry Garrett
Mayor
C:\DOCUME -1 \Jeannie \LOCALS -1 \ Temp\ ORD- AmendLeasePdreioccerLeague- BillWittPark.doc
Page 2 of 2
Corpus Christi, Texas
Day of , 2009
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: 1 /we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Henry Garrett
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
C: \DOCUM E -1 \Jeannie \LOCALS -1 \Temp \oRD -Amend LeaV 6agreSoccerLeag ue -B it WittPa rk.doc
LEASE AGREEMENT
BETWEEN THE CITY OF CORPUS CHRISTI AND PADRE SOCCER LEAGUE
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 "), and Padre Soccer League ( "Lessee "), a
nonprofit organization, acting through its duly authorized President of Lessee.
WHEREAS, the City owns property described on the attached Exhibit A, which said
property is located in Corpus Christi, Nueces County, Texas, a portion of which will be
known as the "Premises";
WHEREAS, the Lessee desires to use the Premises for program described on the
attached Exhibit A; and
WHEREAS, the City desires to allow Lessee to use the Premises for said program;
NOW, THEREFORE, the City 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 as described on the attached exhibit, beginning on day of City Council
approval, ( "Effective Date ") which is , unless sooner
terminated as set out herein. Upon Effective Date, this lease terminates the prior leases
between the parties for use of said Premises.
Section 2. Contact Person /Lease Administrator. For this Lease, the City's contact
person and lease administrator is the Director of Park and Recreation or designee
( "Director").
Section 3. Premises and Improvements. City leases to Lessee the Premises, as
described and delineated in Exhibit B 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 operate the program described on Exhibit A
and must 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, and irrigation
systems, if any are present or installed on the Premises.
—369—
1
(C) Lessee must immediately report any vandalism to the Director, or designee,
and the Corpus Christi Police Department, Nueces County, Texas;
(D) Lessee shall ensure that parking is confined to on- street parking only, or
designated parking lots but no parking is to be allowed on grass;
(E) Lessee will provide normal, scheduled mowing of the Premises. Lessee will be
responsible for maintaining the fields as set out in 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;
(F) Lessee shall maintain the fields within the Premises boundary lines. Grass on
the fields must not exceed three (3) inches. Lessee must mow the 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 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) If Lessee utilizes goal posts on the Premises, Lessee shall maintain a secure
anchoring system on all goal posts used on the fields at Premises. Lessee
must repair any deficiency found in the anchoring system that impairs the safe
use of the anchoring system within forty -eight (48) hours after the need for
repair is or should have been discovered;
(H) Lessee is responsible to proper installation and use of all equipment and
improvements at Premises;
(I) Lessee must maintain First Aid kit on Premises;
(J) Lessee shall submit the attached Exhibit D, Standard of Maintenance to the
Director no later than January 31 of each year.
Section 5. Compliance with Maintenance Standards. The City Manager and the
Director, 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 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's invoice. Failure to pay the City's invoice for 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 for
Lessee's nonperformance of the maintenance.
Section 6. Sportsmanship Program. Lessee shall require that all of its coaches and at
least one family member of each youth participant shall complete a state or nationally
recognized, or Parks Director approved, parent and coach sportsmanship program.
-370-
2
Section 7. Assignment and Sublease. This Lease may not be, in whole or in part,
assigned, directly or indirectly, without the prior written consent of the City. This Lease
may be sublet only with the prior written consent of the Director. Requests to sublet the
premises must be submitted to the Director at least 30 days in advance.
Section 8. Securing /Anchoring of Goal Posts. Lessee acknowledges and covenants
that Lessee shall be responsible, during the term of this Lease, for maintaining the
anchoring system, as set out in Section 4 above. Any change, alteration, or modification to
the anchoring system during the term of this Lease must be submitted to Director, in
writing, prior to the change, alteration or modification being made.
Section 9. 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 10. Joint Use.
(A) City retains 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 Lessee's sport program purposes. Requests for scheduled organized
activities by other organizations will be reviewed for approval or denial by the
Director and Lessee.
(B) City retains the right to use or cross the Premises with utility lines and /or
easements. City may exercise these rights without compensation to Lessee
for damages to the Premises and /or any Improvements from installing,
maintaining, repairing, or removing the utility lines and /or easements. City
must use reasonable judgment in locating the utility lines and /or easements
to minimize damage to the Premises and /or its Improvements.
Section 11. Primary Purpose. Lessee must establish and maintain a recreational area
with the primary purpose being for the operation of a sports program described on
attached Exhibit A and for no other purpose without the Director's prior written approval.
Lessee's fundraising activities on Premises require Director's prior written approval.
Lessee's insurance must provide coverage in compliance with Section 19 for the type of
fundraising activity being proposed by Lessee.
Section 12. 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
-371-
3
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. At the termination or expiration of this Lease, all
permanent additions and alterations installed by Lessee at the Premises,
including but not limited to, fences, concession stands, goal posts and
bleachers, become property of the City without necessity of legal action.
Section 13. 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 14. 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 15. Advertising. The Director has the right to prohibit any advertising by
Lessee on Premises which impairs the reputation of the Premises or the City.
Section 16. Security. Lessee shall contract and pay for any and all security it requires
at the Premises during the term of this Lease.
Section 17. 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. The City Manager, or his designee, retains
the right to take such action as the United States may direct to enforce this non-
discrimination covenant.
Section 18. 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
-372- 4
(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 19. Costs. Noncompliance with the terms herein may result in termination of
this Lease and repossession of the Premises and its Improvements by the City or its
agents. If the City undertakes legal action to enforce compliance or collect damages
resulting from noncompliance, Lessee must pay all of the City's court costs and ex-
penses, including reasonable attorneys' fees.
Section 20. Indemnity. Lessee, its officers, members, partners,
employees, representatives, agents, and licensees (collectively,
Indemnitors) covenant to fully indemnify, save, and hold
harmless the City, its 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 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's sports program; (2) the
exercise of rights under this Lease; (3) an act or omission,
negligence, or misconduct on the part of any persons having
involvement in, participation with, or business with the Premises,
Lessee, or the Lessee's sport program whether authorized with
the express or implied invitation or permission of Lessee
(collectively, Lessee's Invitees) entering upon the Premises or its
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 by Indemnitees or any them of any law, rule,
regulation, ordinance, or government order of any kind; and
-373-
5
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 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 in all
actions based thereon with counsel satisfactory to lndemnitees,
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 21. 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 C, 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 22. No debts. Lessee shall not incur any debts nor obligations on the credit of
City during the To rm o this Lease.
Section 23. Termination.
(A) The City Manager may immediately terminate this Lease for cause and
without penalty if the City Manager determines, in his sole discretion, that
Lessee is no longer fulfilling the primary purpose of the Lease as set out in
Exhibit A.
-374-
6
(B) In addition, the City Manager may immediately terminate this Lease for
cause and without penalty if he determines, in its sole discretion, that Lessee
is in violation of any Federal, State, or local government law, rule, regulation,
or ordinance.
(C) Additionally, if there is noncompliance with one or more of the provisions
contained herein, the Director may give Lessee written notice to cure or
begin curing the 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, the
City Manager may terminate this Lease for cause without penalty by
providing written notice of termination and listing one or more areas of
continued noncompliance.
(D) Either City Manager or Lessee may terminate this Lease without cause
without penalty by giving thirty (30) days written notice to the non - terminating
party.
Section 24. 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; or (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 Name and address on Exhibit A
Attn: Director of Park & Recreation
P. O. Box 9277
Corpus Christi, TX 78469 -9277
Either party may change the address to which notice is sent by using a method set out
above. Lessee will notify the City of an address change within thirty (30) days after the
address is changed.
Section 25. List of Current Officers and Board of Directors, and Bylaws. Lessee
must submit its current List of Officers and Board of Directors (List) to the Director by
each January 31 of each year of this Lease. The List must contain each person's title,
name, address, home phone, and office or fax phone, and email address. Lessee must
notify Director in writing immediately if there are any changes in the Officers or Board of
Directors. Lessee must provide Director with copy of the current Bylaws, and
immediately provide Director with any amendments to the Bylaws.
Section 26. Reporting. Lessee shall submit reports listing the number of youth and
teams registered by Lessee to play sports each year during the term of this Lease. The
reports must be submitted to the Director within two weeks after the start of Lessee's
season.
—375—
7
Section 27. Construction and Reconstruction Funds.
(A) If the City receives funds to construct or reconstruct Improvements at the
Premises, Lessee covenants to vacate the Premises, should the Director
deem it necessary, upon thirty (30) days written notice from the Director.
(8) Lessee has no action for damages against nor will be compensated by the
City for loss of use of the Premises and /or Improvements. The City has no
obligation to provide an altemate location for Lessee during the Improve-
ments construction or reconstruction period. The consideration for Lessee
relinquishing all rights to use the Premises and Improvements during the
construction or reconstruction period is the City's construction or recon-
struction of the Improvements for Lessee's benefit.
(C) Once construction or reconstruction of the Improvements is complete, the
Director will notify Lessee, in writing, of the date on which the Premises
and Improvements are once again available to Lessee.
(D) Lessee's term will not change nor increase if the City requests Lessee to
vacate the Premises as set out herein.
Section 28. 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 29. 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.
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.
(B)
(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
—376— 8
default.
Section 30. Force Majeure. 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 sus-
pended during this period to the extent performance is reasonably affected.
Section 31. Publication. Lessee agrees to pay the cost of newspaper publication of
this Lease and related ordinance as required by the City Charter.
Section 32. Ca tions. The captions in this Lease are for convenience only, are not a
part of this Lease, an do not in any way limit or amplify the terms and provisions of this
Lease.
Section 33. 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 un-
der 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, for it
is the definite intent of the parties to this Lease that every section, para-
graph, 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 unen-
forceable 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 34. 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 35. Entirety Clause. This Lease and the attached and incorporated exhibits
constitute the entire agreement between the City and Lessee for the purpose granted.
All other agreements, promises, representations, and understandings, oral or otherwise,
with reference to the subject matter hereof, unless contained in this Lease are expressly
revoked, except for the promulgation of future maintenance rules as contemplated in
Section 4 herein above, as the parties intend to provide for a complete understanding
within the provisions of this Lease and its exhibits of the terms, conditions, promises,
—377—
9
and covenants governing each party's performance hereunder and as relating to
Lessee's use of the Premises.
EXECUTED IN DUPLICATE, each of which shall be considered an original, on this
the day of , 2009.
ATTEST:
Armando Chapa, City Secretary
Approved as to legal form: :90/O'
By:
Lisa AgwI , Assistant City Attorney
For City A orney
CITY OF CORPUS CHRISTI
'Angel R. Escobar, City Manager
LESSEE: PADRE SOCCER LEAGUE
L
By:
President
Printed Name:
Date:
STATE OF TEXAS '
COUNTY OF NUECES
is instr
ent was acknowled
DONNA I. DELEON
Notary Public
v4 }' STATE OF TEXAS
;?, pe, My Comm. Exp. 08 -11 -2012
,4aei e /� /.q•rh z
01-/V- of
, President of
efore me on_ \c, .,, �o,r t 4 , 2009, by
i aditrat ,r , on behalf of said organization.
Notary Public, State of Texas
�
Printed name.
� �L
Commission expires:
—378—
31111 2.01
10
Padre Soccer League
Property Description: Bill Witt Youth Soccer Complex
Term: January 27, 2009 to January 31, 2013
Program to be operated by Lessee: soccer
Notice Address for Lessee:
Padre Soccer League
Attn: President Mario Alaniz
P. 0. Box 270453
Corpus Christi, Texas 78467
-379- 11
Exhibit 41
-380-
EXHIBIT B
See attached Site map
-381-
12
EXHIBIT C
INSURANCE REQUIREMENTS
LESSEE'S LIABILITY INSURANCE
A. Lessee must not commence work under this Lease until insurance required herein has been obtained and such
insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all
similar insurance required of the subcontractor has been obtained.
B. Lessee must furnish to the City's Risk Manager, (two) 2 copies of Certificates of Insurance, showing the following
minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an
additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies.
TYPE OF INSURANCE
30 -Day written notice of cancellation, non - renewal,
material change or termination is required on all
certificates.
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
MINIMUM INSURANCE COVERAGE
Bodily Injury and Property Damage
Per occurrence / aggregate
$1,000,000 COMBINED SINGLE LIMIT
C. In the event of accidents of any kind, Lessee must furnish the Risk Manager copies of all reports of any accidents
within 10 days of the accident.
11. ADDITIONAL REQUIREMENTS
A. Certificate of Insurance:
• The City of Corpus Christi must be named as an additional insured on the liability coverage, and a
blanket waiver of subrogation is required on all applicable policies.
• If your insurance company uses the standard ACORD form, the cancellation clause (bottom right)
must be amended by adding the wording "changed or" between "be" and "canceled ", and deleting the
words, "endeavor to ", and deleting the wording after "left". ".In lieu of modification of the ACORD form,
separate policy endorsements addressing the same substantive requirements are mandatory.
• The name of the project must be listed under "Description of Operations ".
• At a minimum, a 30 -day written notice of cancellation, material change, non - renewal or termination is
required.
B. If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items
1.6 (1) -(7), an authorized representative of the insurance company must include a letter specifically stating
whether items 1.B. (1) -(7) are included or excluded.
13
-382-
EXHIBIT REVISED 10/2001
STATE OF TEXAS
COUNTY OF NUECES
BEING A 34.47 ACRE TRACT OF LAND, OUT OF THAT CERTAIN 136.22 ACRE
TRACT, CONVEYED TO THE CITY OF CORPUS CHRISTI, TEXAS, COMMONLY
KNOWN AS BILL WITT PARK AND DESCRIBED IN DEED RECORDED IN VOLUME
1709, PAGE 95, OF THE DEED RECORDS OF NUECES COUNTY, TEXAS, BEING
OUT OF AND SITUATED IN SECTION 21, OF THE FLOUR BLUFF & ENCINAL FARM
& GARDEN TRACTS, A MAP OF WHICH IS RECORDED IN VOLUME A, PAGES 41
THRU 43, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, AND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS;
BEGINNING at a 1" iron pipe, found, on the southwest boundary line of a 100.00 foot
wide road, known as Yorktown Boulevard, at it's intersection with the northwest boundary
line of said Bill Witt Park, for the north comer of this tract;
THENCE, South 61° 17' 30" East, parallel with and 50.00 feet distant therefrom,
measured at right angles thereto, the centerline of said Yorktown Boulevard, a distance of
1,412.83 feet, to a 5/8" iron rod, set, for the most northerly east corner of this tract;
THENCE, South 07° 19' 54" East, a distance of 164.48 feet, to a 5/8" concrete nail and
disk, set, for the most easterly corner of this tract;
THENCE, South 28° 37' 53" West, a distance of 864.14 feet, to a 5/8" iron rod, set, for the
south comer of this tract;
THENCE, North 61° 24' 00" West, a distance of 1,510.95 feet, to a 5/8" iron rod, set, at
it's intersection with the northwest boundary line of aforementioned Bill Witt Park, for the
west corner of this tract;
THENCE, with said northwest boundary line of Bill Witt Park, North 28° 43' 08" East, a
distance of 1000.00 feet to the POINT AND PLACE OF BEGINNING and containing
34.47 acres of land.
State of Texas
County of Nueces
I, Russell Ochs, a Registered Professional Land Surveyor. hereby certify that the
foregoing field notes were prepared by me from a land survey made on the ground under
my direction,
This the 13" day of August, 2001.
r
Russell D. Ochs
State of Texas License No. 5,241
-383-
'SET St MAN R0.7\
EXHIBIT B, REVISED 10/2001
N 28'43'08" E
1000.00'
A71N7 g COIN D4
AZAD
011.1. WITT PARK
0
et
'0
z
SET 'LS' 740V A00`
8r'-sacmt GWLS .4
S4Of SST
ORIN LING
VACUA) WEAKEN
in
0
N
1'--SOCCEA
r
PADRE
YOUTH SOCCER fit
34.47 ACRES
SET S/8"
IAOV ROD
5 07'19'54" E
1/4.41
SET acne N I Ll1
$ 28'37'53" W
'0
N
ASti4ILT ROAD 864.14''Ir-
1. Russell D. Ochs, Registered Professional Land
Surveyor. hereby certify that the foregoing map
a 'as p from a survey made on the ground
under my direction. This the J{1N day of
AUSUST 2001
tA\ wava»
Russell D. Ochs
State of Texas Ltc. 5.241
I'ORRT00'N BOULEVARD
DAM LIAR FENCE 7/'
ED 1' IP.
f
7�•(..•3G a ^,•..r:
lico: Ic:
s
RUSSELL 0.00HS
171'
32.61
BEING 34.47 ACRES OF LAND OUT OF THAT CERTAIN
136.22 ACRE TRACT. CONVEYED TO THE CITY OF CORPUS
CHRISTI. TEXAS. COMMONLY KNOWN AS BILL WITT
PARK AND DESCRIBED IN DEED RECORDED IN VOLUME
1703. PAGE 95 OF THE DEED RECORDS 0= NUECES
COUNTY. TEXAS. AND BEING OUT OF SECTION 21 OF THE
FLOW BLUFF AND ENCINAL FARM F. GARDEN TRACTS.
RECORDED IN VOLUME A. PAGES 41 -43 0= THE MAD
RECORDS C0= NUECES COUNTS. TEXAF
- -384--
PADRE. SOCCER LEAGUE
LEASE OUT OF
BILL WITT PARK
Oftiartaint ar WJ.QVeerInc Services
Survev sctlytty
Date: v-ea-o: Page
o•
cn u
EXHIBIT C
INSURANCE REQUIREMENTS
LESSEE'S LIABILITY INSURANCE
A. Lessee must not commence work under this Lease until insurance required herein has been obtained and such
insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all
similar insurance required of the subcontractor has been obtained.
B. Lessee must furnish to the City's Risk Manager, (two) 2 copies of Certificates of Insurance, showing the following
minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an
additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30 -Day written notice of cancellation, non - renewal,
material change or termination is required on all
certificates.
Bodily Injury and Property Damage
Per occurrence / aggregate
Commercial General Liability including:
$1,000,000 COMBINED SINGLE LIMIT
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
C.
In the event of accidents of any kind, Lessee must furnish the Risk Manager copies of all reports of any accidents
within 10 days of the accident.
II. ADDITIONAL REQUIREMENTS
A. Certificate of Insurance:
• The City of Corpus Christi must be named as an additional Insured on the liability coverage, and a
blanket waiver of subrogation is required on all applicable policies.
• If your insurance company uses the standard ACORD form, the cancellation clause (bottom right)
must be amended by adding the wording "changed or' between "be" and "canceled ", and deleting the
words, "endeavor to ", and deleting the wording after "left". ".In lieu of modification of the ACORD form,
separate policy endorsements addressing the same substantive requirements are mandatory.
• The name of the project must be listed under "Description of Operations ".
• At a minimum, a 30 -day written notice of cancellation, material change, non - renewal or termination is
required.
B. If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items
1.B (1) -(7), an authorized representative of the insurance company must include a letter specifically stating
whether items 1.B. (1) -(7) are included or excluded.
—385—
13
SITE:
EXHIBIT D
STANDARD OF MAINTENANCE
SPORT FIELD LEASE CHECKLIST
Due January 31
INSPECTOR:
ADDRESS: Date:
Please fill out whatever pertains to your Sports league, please use comment box
below to describe your sports field if it's not listed.
All Leases Sport League will be expected to complete this self- inspection checklist form
annually. Due date will be January of the upcoming year.
Each league is responsible for their self inspection. If the inspection is not submitted to
the City of Corpus Christi Parks and Recreation Department, 1201 Leopard, Corpus
Christi, Texas 78401 by January 31 the League will be assessed a fee of $500.00 per
site and the City will do the inspection.
Check "NO" if repairs are not necessary; "YES" if repairs are necessary. A comment is
required for any "YES" answer.
PLAYING SURFACE: Baseball Field, Soccer Field, Football Field, Softball Playing
Field,
Yes No
[ ] [ ] 1. Maintenance equipment such as rakes, hoses, etc. are stored correctly.
[ ] [ ] 2. Litter and unsafe debris is picked up around the field and player /spectator
areas.
[ ] [ ] 3. The supply and location of waste cans are adequate.
[ ] [ ] 4. Sprinkler heads, drainage grates, valve boxes, etc. in the field are grade level
and /or do not have sharp edges or unsafe protrusions.
[ ] [ ] 5. Recurring accidents from players running into surrounding objects such as
fencing, Tight posts, bleachers,etc.
[ ] [ ] 6. Our facility complies with industry recommended field design specifications.
[ ] [ ] 7. Playing field is level
[ ] [ ] 8. Playing surface is safe. (no holes or unsteady surfaces)
COMMENTS
—386—
BASES AND ANCHORING: Baseball Field, Soccer Field, Football Field, Softball
Playing Field,
Yes No
[ ] [ ] 1. The bases or goal are installed according to the manufacturer's
requirement.
[ ] [ ] 2. The bases or goals are secure and safe.
COMMENTS
FENCING area around the following: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] [ ] 1. Fence posts are not loose and /or properly set in the ground.
[ ] [ ] 2. Fence posts are not on the inside of the playing area fence.
[ ] [ ] 3. Concrete footings are not exposed above ground.
[1 [ ] 4. Fencing is securely attached to the fence posts with no loose or broken ties.
[ ] [ ] 5. There are not unsafe gaps under fencing.
[ ] [ ] 6. Wire ends of chain Zink fencing are not exposed along the top.
[ ] [ ] 7. There are not damaged portions of fencing that are loose, sharp, protruding, or
unsafe.
[ ] [ ] 9. Gates are not left open during games.
[ ] [ ] 10. Backstops and goals not meet industry recommended specifications.
COMMENTS
TURF AREAS for the following: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] [ ] 1. There are not unsafe bare spots in turf with a hard soil surface
exposed.
[ ] [ ] 2. The surface is level.
[ ] [ ] 3. Soil is properly draining for safe running surface.
[ ] [ ] 4. Turf is uniform in texture, density, or height making an unsafe playing
surface.
[ ] [ ] 5. Turf irrigation is properly installed and working.
[ ] [ ] 6. Weeds are not present with thorns, bristles, or burrs.
-387-
7. Moles, gophers or other animals have not caused mounds or holes.
8. No hazardous ruts are present.
9. Permanent materials used to mark foul lines (i.e., white boards or fire
hose) are not protruding from the surface.
COMMENTS
LIGHTING for the following areas: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] [ ] 1. The lighting was designed, installed and inspected by properly trained
engineers or technicians.
[ ] [ ] 2. There are burned out lights.
[ ] [ 1 3. The beam direction of the lights are properly adjusted.
[ ] [ ] 4. The lighting foot - candles meet industry recommended specifications.
COMMENTS
BLEACHERS for the following areas: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] [ ] 1. The nuts and bolts on the bleachers are not loose, missing, or protruding.
[ ] [ ] 2. The guard rails are not loose or missing.
[ ] [ ] 3. The plank or railing end caps are loose or missing.
[ ] [ ] 4. Wooden planks are not wom out or splintered.
[ j [ ] 5. There are not hazardous protrusions or sharp edges.
COMMENTS
—388—
Page 1 of 2
AN ORDINANCE
ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS
DESIGNEE, TO AMEND THE LEASE AGREEMENT WITH SANTA FE
SOCCER LEAGUE, A NON - PROFIT ORGANIZATION, FOR THE USE
OF SOUTH AND NORTH POPE PARK FOR ITS SOCCER PROGRAM
TO END IN JANUARY 2014; PROVIDING FOR SEVERANCE; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI
TEXAS THAT
SECTION 1. The City Manager or his designee is authorized to amend the Lease
Agreement with Santa Fe Soccer League, a non - profit organization, for the use of South
and North Pope Park for its soccer program to end in January 2014. A copy of the lease
is on file 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. That upon written request of the Mayor or five Council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter Rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the day of February, 2009.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved: February 2, 2009
By: i
Lisa Aguilar i J
Senior Assistant City Attorney
For City Attorney
Henry Garrett
Mayor
C: \DOCUME -1 \Jeannie \LOCALS -1 \ Temp\ ORD- AmendLeaseSantaFeSoccerLeague- PopePark.doc
—389—
Page 2 of 2
Corpus Christi, Texas
Day of , 2009
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: I /we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Henry Garrett
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel)
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
C: \DOCUME -1 \Jeannie \LOCALS-10emp\ ORD- AmendLeas a ntlaFeSoccerLeague- PopePark.doc
LEASE AGREEMENT
BETWEEN THE CITY OF CORPUS CHRISTI AND SANTA FE SOCCER LEAGUE
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 "), and Santa Fe Soccer League ( "Lessee "), a
nonprofit organization, acting through its duly authorized President of Lessee.
WHEREAS, the City owns property described on the attached Exhibit A, which said
property is located in Corpus Christi, Nueces County, Texas, a portion of which will be
known as the "Premises";
WHEREAS, the Lessee desires to use the Premises for program described on the
attached Exhibit A; and
WHEREAS, the City desires to allow Lessee to use the Premises for said program;
NOW, THEREFORE, the City 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 as described on the attached exhibit, beginning on day of City Council
approval, ( "Effective Date ") which is unless sooner
terminated as set out herein. Upon Effective Date, this lease terminates the prior leases
between the parties for use of said Premises.
Section 2. Contact Person /Lease Administrator. For this Lease, the City's contact
person and lease administrator is the Director of Park and Recreation or designee
( "Director ").
Section 3. Premises and Improvements. City leases to Lessee the Premises, as
described and delineated in Exhibit B 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 operate the program described on Exhibit A
and must 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, and irrigation
systems, if any are present or installed on the Premises.
—391—
1
(C) Lessee must immediately report any vandalism to the Director, or designee,
and the Corpus Christi Police Department, Nueces County, Texas;
(D) Lessee shall ensure that parking is confined to on- street parking only, or
designated parking lots but no parking is to be allowed on grass;
(E) Lessee will provide normal, scheduled mowing of the Premises. Lessee will be
responsible for maintaining the fields as set out in 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;
(F) Lessee shall maintain the fields within the Premises boundary lines. Grass on
the fields must not exceed three (3) inches. Lessee must mow the 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 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) If Lessee utilizes goal posts on the Premises, Lessee shall maintain a secure
anchoring system on all goal posts used on the fields at Premises. Lessee
must repair any deficiency found in the anchoring system that impairs the safe
use of the anchoring system within forty -eight (48) hours after the need for
repair is or should have been discovered;
(H) Lessee is responsible to proper installation and use of all equipment and
improvements at Premises;
(I) Lessee must maintain First Aid kit on Premises;
(J) Lessee shall submit the attached Exhibit D, Standard of Maintenance to the
Director no later than January 31 of each year.
Section 5. Compliance with Maintenance Standards. The City Manager and the
Director, 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 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's invoice. Failure to pay the City's invoice for 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 for
Lessee's nonperformance of the maintenance.
Section 6. Sportsmanship Program. Lessee shall require that all of its coaches and at
least one family member of each youth participant shall complete a state or nationally
recognized, or Parks Director approved, parent and coach sportsmanship program.
—392—
2
Section 7. Assignment and Sublease. This Lease may not be, in whole or in part,
assigned, directly or indirectly, without the prior written consent of the City. This Lease
may be sublet only with the prior written consent of the Director. Requests to sublet the
premises must be submitted to the Director at least 30 days in advance.
Section 8. Securing /Anchoring of Goal Posts. Lessee acknowledges and covenants
that Lessee shall be responsible, during the term of this Lease, for maintaining the
anchoring system, as set out in Section 4 above. Any change, alteration, or modification to
the anchoring system during the term of this Lease must be submitted to Director, in
writing, prior to the change, alteration or modification being made.
Section 9. 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 10. Joint Use.
(A) City retains 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 Lessee's sport program purposes. Requests for scheduled organized
activities by other organizations will be reviewed for approval or denial by the
Director and Lessee.
(B) City retains the right to use or cross the Premises with utility lines and /or
easements. City may exercise these rights without compensation to Lessee
for damages to the Premises and/or any Improvements from installing,
maintaining, repairing, or removing the utility lines and /or easements. City
must use reasonable judgment in locating the utility lines and /or easements
to minimize damage to the Premises and /or its Improvements.
Section 11. Primary Purpose. Lessee must establish and maintain a recreational area
with the primary purpose being for the operation of a sports program described on
attached Exhibit A and for no other purpose without the Director's prior written approval.
Lessee's fundraising activities on Premises require Director's prior written approval.
Lessee's insurance must provide coverage in compliance with Section 19 for the type of
fundraising activity being proposed by Lessee.
Section 12. 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
—393—
3
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. At the termination or expiration of this Lease, all
permanent additions and alterations installed by Lessee at the Premises,
including but not limited to, fences, concession stands, goal posts and
bleachers, become property of the City without necessity of legal action.
Section 13. 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 14. 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 15. Advertising. The Director has the right to prohibit any advertising by
Lessee on Premises which impairs the reputation of the Premises or the City.
Section 16. Security. Lessee shall contract and pay for any and all security it requires
at the Premises during the term of this Lease.
Section 17. 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. The City Manager, or his designee, retains
the right to take such action as the United States may direct to enforce this non-
discrimination covenant.
Section 18. 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.
—394—
4
(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 19. Costs. Noncompliance with the terms herein may result in termination of
this Lease and repossession of the Premises and its Improvements by the City or its
agents. If the City undertakes legal action to enforce compliance or collect damages
resulting from noncompliance, Lessee must pay all of the City's court costs and ex-
penses, including reasonable attorneys' fees.
Section 20. Indemnity. Lessee, its officers, members, partners,
employees, representatives, agents, and licensees (collectively,
Indemnitoes) covenant to fully indemnify, save, and hold
harmless the City, its 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 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's sports program; (2) the
exercise of rights under this Lease; (3) an act or omission,
negligence, or misconduct on the part of any persons having
involvement in, participation with, or business with the Premises,
Lessee, or the Lessee's sport program whether authorized with
the express or implied invitation or permission of Lessee
(collectively, Lessee's Invitees) entering upon the Premises or its
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 by Indemnitees or any them of any law, rule,
regulation, ordinance, or government order of any kind; and
—395—
5
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 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 in all
actions based thereon with counsel satisfactory to lndemnitees,
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 21. 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 C, 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 22. No debts. Lessee shall not incur any debts nor obligations on the credit of
City during the term of this Lease.
Section 23. Termination.
(A) The City Manager may immediately terminate this Lease for cause and
without penalty if the City Manager determines, in his sole discretion, that
Lessee is no longer fulfilling the primary purpose of the Lease as set out in
Exhibit A.
—396—
6
(B) In addition, the City Manager may immediately terminate this Lease for
cause and without penalty if he determines, in its sole discretion, that Lessee
is in violation of any Federal, State, or local government law, rule, regulation,
or ordinance.
(C) Additionally, if there is noncompliance with one or more of the provisions
contained herein, the Director may give Lessee written notice to cure or
begin curing the 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, the
City Manager may terminate this Lease for cause without penalty by
providing written notice of termination and listing one or more areas of
continued noncompliance.
(D) Either City Manager or Lessee may terminate this Lease without cause
without penalty by giving thirty (30) days written notice to the non - terminating
party.
Section 24. 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; or (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 Name and address on Exhibit A
Attn: Director of Park & Recreation
P. O. Box 9277
Corpus Christi, TX 78469 -9277
Either party may change the address to which notice is sent by using a method set out
above. Lessee will notify the City of an address change within thirty (30) days after the
address is changed.
Section 25. List of Current Officers and Board of Directors, and Bylaws. Lessee
must submit its current List of Officers and Board of Directors (List) to the Director by
each January 31 of each year of this Lease. The List must contain each person's title,
name, address, home phone, and office or fax phone, and email address. Lessee must
notify Director in writing immediately if there are any changes in the Officers or Board of
Directors. Lessee must provide Director with copy of the current Bylaws, and
immediately provide Director with any amendments to the Bylaws.
Section 26. Reporting. Lessee shall submit reports listing the number of youth and
teams registered by Lessee to play sports each year during the term of this Lease. The
reports must be submitted to the Director within two weeks after the start of Lessee's
season.
—397—
7
Section 27. Construction and Reconstruction Funds.
(A) If the City receives funds to construct or reconstruct Improvements at the
Premises, Lessee covenants to vacate the Premises, should the Director
deem it necessary, upon thirty (30) days written notice from the Director.
(B) Lessee has no action for damages against nor will be compensated by the
City for loss of use of the Premises and /or Improvements. The City has no
obligation to provide an alternate location for Lessee during the Improve-
ments construction or reconstruction period. The consideration for Lessee
relinquishing all rights to use the Premises and Improvements during the
construction or reconstruction period is the City's construction or recon-
struction of the Improvements for Lessee's benefit.
(C) Once construction or reconstruction of the Improvements is complete, the
Director will notify Lessee, in writing, of the date on which the Premises
and Improvements are once again available to Lessee.
(D) Lessee's term will not change nor increase if the City requests Lessee to
vacate the Premises as set out herein.
Section 28. 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 29. 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
—398—
8
default.
Section 30. 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 sus-
pended during this period to the extent performance is reasonably affected.
Section 31. Publication. Lessee agrees to pay the cost of newspaper publication of
this Lease and related ordinance as required by the City Charter.
Section 32. Ca t�ions. 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 33. 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 un-
der 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, for it
is the definite intent of the parties to this Lease that every section, para-
graph, 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 unen-
forceable 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 34. 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 35. Entirety Clause. This Lease and the attached and incorporated exhibits
constitute the entire agreement between the City and Lessee for the purpose granted.
All other agreements, promises, representations, and understandings, oral or otherwise,
with reference to the subject matter hereof, unless contained in this Lease are expressly
revoked, except for the promulgation of future maintenance rules as contemplated in
Section 4 herein above, as the parties intend to provide for a complete understanding
within the provisions of this Lease and its exhibits of the terms, conditions, promises,
—399—
9
and covenants governing each party's performance hereunder and as relating to
Lessee's use of the Premises.
EXECUTED IN DUPLICATE, each of which shall be considered an original, on this
the day of , 2009.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary 'Angel R. Escobar, City Manager
Approved as to legal form:
By: i--(4)1
Lisa Aguilac(Assistant City Attorney
For City Attorney
LESSEE: SANTA FE SOCCER LEAGUE
By: /244l A ate L/ a'J
Prestdent
Printed Name: &UQei?10 Tavte NaeeS
Date: 01/42109
STATE OF TEXAS '
COUNTY OF NUECES '
This is instr rent was acknowledged before me on
i\,u L-rNA , 2009, by
itr,�r , President of S C--e Soccei,, on behalf of said organization.
x- DONNA I. DELEON
titit
Notary Public
t J' STATE OF TEXAS
4`+"Sot My Comm. Exp. 08.11 -2012
Nota Public, State of Texas
Printed name:
Commission expires: l I I a° 1
—400—
10
EXHIBIT A
Santa Fe Soccer League
Property Description: North Pope Park and South Pope Park
Term: January 27, 2009 to January 31, 2014
Program to be operated by Lessee: soccer
Notice Address for Lessee:
Santa Fe Soccer League
Attn: President
1029 Stirman Street
Corpus Christi, Texas 78411
-401-
11
EXHIBIT B
See attached Site map
-402-
12
SANTA FE SOCCER LEAGUE LEASE r
EXHIBIT
0413 4** 1
•
• I
44 1
•
•
■
•
_at assinsa
WILSON
ELEMENTARY
SCHOOL
HAMLIN
MIDDLE
SCHOOL
NORTH & SOUTH POPE PARK
-403-
LEGEND
EXHIBIT C
INSURANCE REQUIREMENTS
LESSEE'S LIABILITY INSURANCE
A. Lessee must not commence work under this Lease until insurance required herein has been obtained and such
insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all
similar insurance required of the subcontractor has been obtained.
B. Lessee must furnish to the City's Risk Manager, (two) 2 copies of Certificates of Insurance, showing the following
minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an
additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30 -Day written notice of cancellation, non - renewal,
material change or termination is required on all
certificates.
Bodily Injury and Property Damage
Per occurrence / aggregate
Commercial General Liability including:
$1,000,000 COMBINED SINGLE LIMIT
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
C. In the event of accidents of any kind, Lessee must fu nish the Risk Manager copies of all reports of any accidents
within 10 days of the accident.
II. ADDITIONAL REQUIREMENTS
A. Certificate of Insurance:
• The City of Corpus Christi must be named as an additional insured on the liability coverage, and a
blanket waiver of subrogation is required on all applicable policies.
• If your insurance company uses the standard ACORD form, the cancellation clause (bottom right)
must be amended by adding the wording "changed or" between "be" and "canceled ", and deleting the
words, "endeavor to ", and deleting the wording after "left". ".In lieu of modification of the ACORD form,
separate policy endorsements addressing the same substantive requirements are mandatory.
• The name of the project must be listed under "Description of Operations ".
• At a minimum, a 30 -day written notice of cancellation, material change, non - renewal or termination is
required.
B. If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items
1.B (1) -(7), an authorized representative of the insurance company must include a letter specifically stating
whether items 1.B. (1) -(7) are included or excluded.
-404- 13
EXHIBIT D
STANDARD OF MAINTENANCE
SPORT FIELD LEASE CHECKLIST
Due January 31
SITE: INSPECTOR:
ADDRESS: Date:
Please fill out whatever pertains to your Sports league, please use comment box
below to describe your sports field if it's not listed.
All Leases Sport League will be expected to complete this self- inspection checklist form
annually. Due date will be January of the upcoming year.
Each league is responsible for their self inspection. If the inspection is not submitted to
the City of Corpus Christi Parks and Recreation Department, 1201 Leopard, Corpus
Christi, Texas 78401 by January 31 the League will be assessed a fee of $500.00 per
site and the City will do the inspection.
Check "NO" if repairs are not necessary; "YES" if repairs are necessary. A comment is
required for any "YES" answer.
PLAYING SURFACE: Baseball Field, Soccer Field, Football Field, Softball Playing
Field,
Yes No
[ ] [ ] 1. Maintenance equipment such as rakes, hoses, etc. are stored correctly.
[ ] [ ] 2. Litter and unsafe debris is picked up around the field and player /spectator
areas.
[ ] [ ] 3. The supply and location of waste cans are adequate.
[ ] [ ] 4. Sprinkler heads, drainage grates, valve boxes, etc. in the field are grade level
and /or do not have sharp edges or unsafe protrusions.
[ ] [ ] 5. Recurring accidents from players running into surrounding objects such as
fencing, light posts, bleachers,etc.
[ ] [ ] 6. Our facility complies with industry recommended field design specifications.
[ ] [ ] 7. Playing field is level
[ ] [ ] 8. Playing surface is safe. (no holes or unsteady surfaces)
COMMENTS
—405—
BASES AND ANCHORING: Baseball Field, Soccer Field, Football Field, Softball
Playing Field,
Yes No
[ ] [ ] 1. The bases or goal are installed according to the manufacturer's
requirement.
[ ] [ ] 2. The bases or goals are secure and safe.
COMMENTS
FENCING area around the following: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] [ ] 1. Fence posts are not loose and /or properly set in the ground.
[ ] [ ] 2. Fence posts are not on the inside of the playing area fence.
[ ] [ ] 3. Concrete footings are not exposed above ground.
[ ] [ ] 4. Fencing is securely attached to the fence posts with no loose or broken ties.
[ ] [ ] 5. There are not unsafe gaps under fencing.
[ ] [ ] 6. Wire ends of chain link fencing are not exposed along the top.
[ ] [ ] 7. There are not damaged portions of fencing that are loose, sharp, protruding, or
unsafe.
[ ] [ ] 9. Gates are not left open during games.
[ ] [ ] 10. Backstops and goals not meet industry recommended specifications.
COMMENTS
TURF AREAS for the following: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] [ ] 1. There are not unsafe bare spots in turf with a hard soil surface
exposed.
[ ] [ ] 2. The surface is level.
[ ] [ ] 3. Soil is properly draining for safe running surface.
[ ] [ ] 4. Turf is uniform in texture, density, or height making an unsafe playing
surface.
[ ] [ ] 5. Turf irrigation is properly installed and working.
[ ] [ ] 6. Weeds are not present with thorns, bristles, or burrs.
—406—
7. Moles, gophers or other animals have not caused mounds or holes.
8. No hazardous ruts are present.
9. Permanent materials used to mark foul lines (i.e., white boards or fire
hose) are not protruding from the surface.
COMMENTS
LIGHTING for the following areas: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] [ ] 1. The lighting was designed, installed and inspected by properly trained
engineers or technicians.
[ ] [ ] 2. There are burned out lights.
[ ] [ ] 3. The beam direction of the lights are properly adjusted.
[ ] [ ] 4. The lighting foot - candles meet industry recommended specifications.
COMMENTS
BLEACHERS for the following areas: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] [ ] 1. The nuts and bolts on the bleachers are not loose, missing, or protruding.
[ ] [ ] 2. The guard rails are not loose or missing.
[ ] [ ] 3. The plank or railing end caps are loose or missing.
[ ] [ ] 4. Wooden planks are not worn out or splintered.
[ ] [ ] 5. There are not hazardous protrusions or sharp edges.
COMMENTS
—407—
10
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: February 10. 2009
AGENDA ITEM:
Ordinance authorizing the City Manager, or his designee, to execute a lease with Corpus
AF2 Football, LLC (Corpus Christi Sharks) for Merriman -Bobys House in Heritage Park for
business operations through July 31, 2009, in consideration of monthly rental payment of
$500 plus 25% of merchandise sales; and declaring an emergency.
ISSUE: Corpus AF2 Football, LLC (Corpus Christi Sharks) has requested a lease for the
Merriman -Bobys House at Heritage Park. The City will receive $500 in monthly lease
revenue and 25% of merchandise sales.
REQUIRED COUNCIL ACTION: City Council approval is required on leases of City
property.
PREVIOUS COUNCIL ACTION: City Council has approved past leases of Heritage Park
Homes for the Buccaneer Days Commission, Bayfest, and NAACP.
CONCLUSION AND RECOMMENDATION: Staff recommends approval of the lease.
Attachment: none
Sally Gave , Director
Parks a Recreation
—411—
ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A
LEASE WITH CORPUS AF2 FOOTBALL, LLC (CORPUS CHRISTI SHARKS)
FOR MERRIMAN -BOBYS HOUSE IN HERITAGE PARK FOR BUSINESS
OPERATIONS THROUGH JULY 31, 2009, IN CONSIDERATION OF
MONTHLY RENTAL PAYMENT OF $500 PLUS 25% OF MERCHANDISE
SALES; AND DECLARING AN EMERGENCY
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 lease with
Corpus AF2 Football, LLC (Corpus Christi Sharks) for the use of the Merriman -Bobys House
in Heritage Park, in consideration of monthly rental payment of $500 plus 25% of
merchandise sales at the property. The lease is on file 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. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs and (2)
suspends the Charter rule that requires consideration of and voting upon ordinances at two
regular meetings so that this ordinance is passed and takes effect upon first reading as an
emergency measure this the _ day of , 2009.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
Legal form approved • S , 2009
By: E i.; 4 wXiv
Lisa Aguilar
Assistant City Attorney
for City Attorney
—412—
Corpus Christi, Texas
Day of 2009
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: I /we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
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
—413—
STATE OF TEXAS
LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND
CORPUS AF2 FOOTBALL, LLC
§
KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
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 his designee ( "City Manager"),
and.Corpus AF2 Football, LLC.
WHEREAS, the City owns the Merriman -Bobys House located in Heritage Park at 1521 North Chaparral Street,
Lots 5 and 6, Block 61, Beach Portion, Corpus Christi, Nueces County, Texas ( "Premises ");
WHEREAS, Lessee has requested the use of the Premises for the purpose of office space for business
operations subject to the terms, conditions and covenants contained in this Lease; and,
WHEREAS, City desires to allow Lessee to use the Premises for this purpose.
NOW, THEREFORE, City and Lessee, in consideration of the mutual promises and covenants contained herein,
agree as follows:
Section 1 Definitions.
(A) City means the City of Corpus Christi, Nueces County, Texas, a home rule municipal corporation.
(B) City Manager means the City's City Manager or the City Manager's designee.
(C) Council means the City's City Council.
(D) Director means the City's Director of Park and Recreation or the Director of Park and Recreation's designee.
(E) Finance Director means the City's Director of Finance or the Director of Finance's designee.
(F) Gross Receipts is defined in Section 5(B) of this Lease.
(G) Lease means this lease document, including all attached and incorporated exhibits.
(H) Lessee means Corpus AF2 Football, LLC.
(1) Parks means the City's Park and Recreation Department.
(J) Premises means Lots 5 and 6, Block 61, Beach Portion, Corpus Christi, Nueces County, commonly known as the
Merriman -Bobys House, located at 1521 North Chaparral Street, in the City.
(K) Risk Manager means the City's Director of Risk Management or the Director of Risk Management's designee.
Section 2 Purpose. The purpose of this Lease, between City and Lessee, is to enable Lessee to utilize Premises for
office space for its business operations. Lessee shall not operate the Premises for any other purpose without Director's
prior written approval.
Section 3 Term. The City leases the Premises, subject to all terms and conditions of this Lease, to the Lessee for a term
of approximately six months period, beginning February 11, 2009, ending July 31, 2009, effective upon final City Council
approval, unless sooner terminated as set out herein.
—414—
2
Section 4 Contact PersonlLease Administrator. For this Lease, the City's contact person and lease administrator is
the Director.
Section 5 Lease Payments.
(A) For and in consideration of the rights and privileges herein granted, Lessee agrees to pay the City, on a monthly
basis, 25% of monthly Gross Receipts, plus additional monthly rental fee of $500. The monthly rental payment is
prorated for the period of February 11, 2009 through February 28, 2009
(B) "Gross Receipts " means all monies paid or payable to Lessee for merchandise sales made at or from the
Premises, or within the Heritage Park premises. Gross Receipts do not include any taxes that are separately paid
by a customer and directly payable to the taxing authority by the Lessee.
(C) All rental fees are due and payable on or before the 10th day of each month for the term of this Lease. Payment
must be made to the order of the City of Corpus Christi and mailed to the City Collections Department, P. O. Box
9257, Corpus Christi, TX, 78469, or delivered to City Hall at 1201 Leopard Street, Corpus Christi, TX, 78401.
Section 6 Statements; Record Retention.
(A) Lessee must furnish to the Finance Director a certified monthly statement of Gross Receipts and sales taxes on
or before the 10th day of each month during this Lease, itemizing sales amounts and dates and times of operation
for the preceding calendar month. The statement form will be approved, prior to commencement of this Lease, by
the Finance Director. The statement form may be altered, during the term of this Lease, at the Finance Director's
discretion.
(B) Lessee must keep accurate books of account of all Gross Receipts collected. The books of account will be open
for inspection, copying or audit by the City Manager at all reasonable times. Failure to provide the books of
account, upon request of the Director, is cause to terminate this Lease.
(C) All underlying documentation for Lessee's certified monthly statements of Gross Receipts including, but not
limited to, cash register tapes, purchase orders, invoices, and sales receipts must be preserved by Lessee during
the term of this Lease and for at least two years thereafter. Failure to preserve or to provide to the Director on
request, the documentation, is cause to terminate this Lease.
(D) No later than the last day of the month in which such return is due, the Lessee must provide the Director with
copies of its Texas sales and use tax returns for all sales at the Premises. Failure to provide said copies is cause
to terminate this Lease.
Section 7 Delinquency and Default Regarding Rental Payments.
(A) Lessee is "delinquent" if the City has not received Lessee's monthly rental payment and statement of Gross
Receipts on or before 5:00 p.m. on the 10th day of the month in which payment is due. If the 10th day on the
month falls on a weekend or holiday, the payment and statement of Gross Receipts must be tendered on the first
business day thereafter.
(6) Lessee is in "default' for purposes of Section 24 of this Lease if Lessee fails or refuses to pay the amount due or
provide the required statement of Gross Receipts within five (5) days after the City has sent a written notice of
delinquency to Lessee.
Section 8 Hours of Operation. Lessee will be open to the public and operate the Premises, during normal operating
hours on a year -round basis. Hours of operation may be adjusted, for scheduled seasonal activities and other special
events scheduled by Parks, with the prior written approval of the Director.
Section 9 Public Tours. Lessee grants to Parks the right to continue free public tours through the Premises.
Section 10 Parking.
-415-
3
(A) Lessee is given, during the term of this Lease, the right to designate up to eight (8) parking spaces within the
general parking area of Heritage Park. if Lessee chooses to designate the parking spaces, the Director shall
determine and approve Lessee's method and manner of designation of the spaces. Lessee shall bear any and all
expense associated with designation of the parking spaces.
(B) Lessee's designated parking spaces are for use by customers of the Premises during Lessee's hours of operation
only. At all other times when Lessee is not open under normal operating hours, any member of the public can
utilize the designated parking spaces.
(C) Lessee's designated parking spaces are for use by passenger vehicles only and must not be utilized for
commercial purposes, such as loading and unloading of equipment or supplies, by Lessee or Lessee's vendors or
suppliers.
Section 11 Utilities.
(A) It is understood by and between the parties that scheduled, regular garbage collection service is available to the
Premises and that the provision of this service shall be the responsibility of Parks under the City's present
Heritage Park maintenance program.
(B) The cost to Lessee, for the provision of garbage collection service by the City, is included and made a part of
Lessee's monthly lease payment.
(C) Lessee shall deposit, or cause to be deposited, all garbage and debris generated at the Premises into the
garbage dumpster provided by City at the Premises. Any garbage needs Lessee may determine are required at
Premises, beyond regular service, or in addition to existing park dumpster capacity, shall be the responsibility of,
and at the sole expense of, Lessee. Lessee may request that City Director obtain a larger container (6 cubic yard
approximately) from City contractor for Lessee's use, with Lessee to pay City the monthly rate of the difference
between a four (4) cubic yard container and a six (6) cubic yard container.
(D) The Premises is wired for telephone service; however, Lessee shall contract separately with a telephone service
provider of Lessee's choice for the provision of active telephone service, which service is to be incurred at
Lessee's sole expense.
(E) The Premises is wired for electrical service. Lessee shall bear the cost of all electricity used at the Premises for
the term of this Lease. Additionally, Lessee shall bear the cost for the use and maintenance of the existing
security alarm system in the Premises for the term of this Lease.
(F) Water and sewage service is available at the Premises, and the cost to Lessee, for the provision of water and
sewage service by the City, is included and made a part of Lessee's monthly lease payment.
(G) Should Lessee require any modification to the provision of the enumerated utilities in this section or require any
additional utility service not herein covered during the term of this Lease, Lessee shall submit a request, in writing,
to the Director for consideration and possible amendment of this Lease.
(1-1) Lessee shall pay for all utilities related to usage of Premises, excluding water and sewage service as herein
provided for, prior to the due date. Failure to pay any utility bill(s) prior to the due date constitutes grounds for
termination of this Lease.
Section 12. Taxes. In addition to rent specified herein, Lessee shall pay and discharge all taxes, general and specific
assessments, and other charges of any kind levied on or assessed the Premises and all improvements and other property
on them during the Lease term, whether belonging to the City or Lessee.
Section 13. Abandonment, Interruption of Utilities, Removal of Lessee's Property, and Lockout. Chapter 93 of the Texas
Property Code govems the rights and obligations of the parties with regard to: (a) abandonment of the leased premises;
(b) interruption of utilities; (c) removal of Lessee's personal property; and (d) lock out of Lessee.
-416-
4
Section 14 Maintenance.
(A) The City will maintain the exterior of the Premises and adjacent park grounds, including buildings and public
parking lots in the vicinity of the Premises, subject to sufficient annual budget appropriations. The City shall be
responsible for major repairs to the exterior of the Premises, subject to sufficient annual budget appropriations,
unless damage occasioned to the exterior is or was caused by Lessee's negligence. It is further understood and
agreed that the City shall maintain the utility lines serving the Premises, subject to sufficient annual budget
appropriations.
(B) Lessee covenants and agrees to maintain the interior of the Premises during the term of this Lease, such
maintenance to include, but not be limited to, interior painting (in a neutral color preapproved by the Director) and
keeping in good repair the plumbing and light fixtures.
(C) Lessee shall be responsible for cleaning the Premises and will supply paper goods and chemicals necessary for
cleaning.
(D) During Lessee's normal business hours, City may enter the Premises for any reasonable purpose, including but
not limited to, repairs, maintenance, alterations and showing the premises to prospective tenants. City may
access the premises at any time for emergency repairs.
Section 15 Furniture, Fixtures, and Equipment.
(A) It is understood that Lessee will be responsible for fumishing and equipping the Premises and that the City has no
obligation to furnish any equipment or furnishings for Lessee.
(B) All capital construction to the premises, such as installation of plumbing fixtures remain the property of the City.
(C) In the interest of maintaining the current Victorian theme of Heritage Park, the Director shall retain the right to
approve all furnishings and fixtures that may be installed in the Premises, during the term of this Lease, prior to
installation.
Section 16 City Use and Special Events.
(A) If Lessee is not using the Premises, City has the right to use any or all of the Premises for City purposes. Lessee
shall not be entitled to any compensation, in whatever form, either tangible or intangible, for the City's use of the
Premises. •
(B) City retains the right to use or cross the Premises with utility lines and easements. City may exercise these rights
without compensation to Lessee for damages to the Premises from installing, maintaining, repairing, or removing
the utility lines and easements. City must use reasonable judgment in locating the utility lines and easements to
minimize damage to the Premises.
(C) Lessee acknowledges that Heritage park premises are used for special events which may occasionally interfere
with Lessee's access to the Leased Premises and parking space availability. Lessee shall not be entitled to any
compensation, in whatever form, either tangible or intangible, for such non - Lessee use.
Section 17 Laws Affecting Operation of Premises and Performance.
(A) Lessee shall ensure that its use of the Premises is in accordance with all applicable Federal, State, and local
laws, ordinances, rules and regulations.
-417-
5
(B) Lessee shall bear the expense and responsibility of meeting all requirements for acquiring all applicable licenses
and permits. Lessee shall also bear the expense of meeting and complying with all health regulations and
Certificate of Occupancy requirements.
(C) Furthermore, Lessee shall comply with any other Federal, State and local laws, ordinances, rules and regulations
applicable to Lessee's performance under this Lease. This Lease is also subject to applicable provisions of the
City Charter.
Section 18 Inspection. Any officer or authorized employee of the City may enter upon the Premises, at all reasonable
times and without notice, to determine whether Lessee is providing maintenance in accordance with and as required by
above, or for any other purpose incidental to City's retained rights of and in the Premises.
Section 19 Capital Improvements. City may, from time to time, and in City's sole discretion, undertake capital
improvements to the Premises. Prior to commencing any capital improvements, City shall notify Lessee, in writing, of the
dates in which Lessee shall be required to vacate the Premises, should the Director deem this necessary. Lessee agrees
that the term of this Lease shall not be prorated for the period in which Lessee is restricted from entering the Premises for
the purposes of constructing capital improvements. Lessee acknowledges and understands that City shall have no
obligation to provide an alternate location for Lessee during any period that Lessee must vacate the Premises.
Section 20 Relationship of Parties. This Lease establishes a landlord /tenant relationship, and none other, and this
Lease must be construed conclusively in favor of that relationship. In performing this Lease, both City and Lessee 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 shall not be, nor be construed to be, the employees
or agents of the other party for any purpose whatsoever.
Section 21 Insurance.
(A) Lessee shall secure and maintain at Lessee's expense, during the term of this Lease, insurance of the type and
with the amount of coverage shown on the Attachment, which is incorporated in this Lease by reference. Lessee
shall use an insurance company or companies acceptable to the Risk Manager. Failure to maintain the insurance
during the term of this Lease, at the limits and requirements shown on Attachment constitutes grounds for
termination of this Lease.
(B) The Certificate of Insurance must be sent to the Risk Manager prior to occupancy of and operations at the
Premises. The Certificate of Insurance must provide that the City will have thirty (30) days advance written notice
of cancellation, intent to not renew, material change, or termination of any coverage required in this Lease.
(C) Lessee shall provide, during the term of this Lease, copies of all insurance policies to the Risk Manager upon
written request by the City Manager.
(D) The Risk Manager shall retain the right to annually review the amount and types of insurance maintained by
Lessee, to require increased coverage limits, if necessary in the interest of public health, safety, or welfare, and to
decrease coverage, if so warranted. In the event of any necessary increase, Lessee shall receive thirty (30) days
written notice prior to the effective date of the requirement to obtain increased coverage.
(E) In the event alcoholic beverages are to be served or consumed on any Premises covered by this Lease, the
Lessee shall additionally obtain or cause to be obtained alcoholic beverage liability insurance in the amount of
one million dollars ($1,000,000.00) covering the event or time period when alcoholic beverages are to be served
or consumed.
(F) Lessee shall, prior to any addition or alteration to, in, on, or about the Premises, obtain prior clearance, in writing,
from the Risk Manager that the proposed addition or alteration will not necessitate a change or modification in the
existing insurance coverage maintained by Lessee. This clearance is in addition to the prior consent required by
Section 21(A), as contained herein.
-418-
6
Section 22 Indemnity. In consideration of allowing Lessee to use the Premises, Lessee ( "Indemnitor ") covenants
to fully indemnify, save and hold harmless the City, its officers, agents, representatives, and employees
(collectively, "Indemnitees ") from and against any and all liability, loss, damages, claims, demands, suits, and
causes of action of any nature whatsoever asserted against or recovered from City 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 other kind whatsoever, to the extent any injury, damage, or loss
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) Lessee's performance pursuant to this Lease; (2) Lessee's use of the Premises and any and
all activities associated therewith pursuant to this Lease; (3) the violation by Lessee, its officers, employees,
agents, or representatives or by Indemnitees or any of them, of any law, rule, regulation, ordinance, or
government order of any kind pertaining, directly or indirectly, to this Lease; (4) the exercise of rights under this
Lease; or (5) an act or omission on the part of Lessee, Its officers, employees, agents, or representatives or of
Indemnitees, or any of them, pertaining to this Lease, regardless of whether the injury, damage, loss, violation,
exercise of rights, act or omission is caused or is claimed to be caused by the contributing or concurrent
negligence of Indemnitees, or any of them, but not if caused by the sole negligence of Indemnitees, or any of
them, unmixed with the fault of any other person or entity and including all expenses of litigation, court costs,
and attorneys' fees, which arise, or are claimed to arise, out of or In connection with the asserted or recovered
incident.
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 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 in all actions based thereon with legal counsel satisfactory to
City, and pay all charges of attorneys and all other costs and expenses of any kind whatsoever arising from any
said liability, injury, damage, loss, demand, claim or action.
Section 23 Alterations.
(A) Lessee shall not make any alterations, additions, or improvements to in, on, or about said Premises, without the
prior written consent of the City Director of Parks and Recreation. Lessee must also obtain clearance from the
Risk Manager as required by above.
(B) The following are specifically prohibited: Lessee shall not nail into the walls of the Premises; Lessee shall not
make remove any equipment, fixtures or hardware from the Premises.
(B) All approved alterations, improvements, and additions made by the Lessee upon said Premises, although at his
own expense, shall, if not removed by Lessee at any termination or cancellation hereof, become the property of
the City in fee simple without any other action or process of law. Lessee agrees to be contractually and financially
responsible for repairing any and all damage caused by such removal. If items are installed in such a manner as
to become fixtures, such fixtures shall not be removed by Lessee upon termination and shall become the property
of the City.
Section 24 Signs.
(A) Lessee shall not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering
( "Signs ") at, on, or about the Premises, or any part thereof, without the Director's prior written approval.
(B) City may require Lessee to remove, repaint, or repair any Signs allowed. If Lessee does not remove, repaint, or
repair the Signs within ten (10) days of Director's written demand, City may do or cause the work to be done, and
Lessee will pay City's costs within thirty (30) days of receipt of Director's invoice. If payment is not timely made,
the City may terminate this Lease upon ten (10) days written notice to Lessee. Alternatively, City may elect to
terminate this Lease after ten (10) days written notice to Lessee.
Section 25 Sublease and Assignment. Lessee understands and agrees that Lessee shall not sublease the Premises or
any part thereof without obtaining the prior written consent of the City. Lessee shall not, in whole or in part, assign or
transfer directly or indirectly this Lease unless prior written approval has been obtained from the City.
-419-
7
Section 26 Default.
(A) The following constitute Events of Default under this Lease:
(1) default in the payment of rent or other payments hereunder;
(fi) intentional, knowing, or fraudulent failure to maintain strict and accurate books of account;
(Hi) failure to furnish an accurate statement of Gross Receipts to the City, failure to furnish quarterly sales tax
reports for all sales made on and at the Premises, or failure to furnish the books of account for inspection;
(iv) failure to pay utilities before the due date;
(v) failure to perform scheduled maintenance;
(vi) abandonment of the Premises;
(vii) failure to maintain any insurance coverage's required herein;
(viii) failure to timely pay City's invoice for the removal, repainting, or repair of any Signs at the Premises; and
(ix) failure to keep, perform, and observe any other promises, covenants and conditions contained in this
Lease.
(B) Upon the occurrence of any Event of Default, the City may, at its option, in addition to any other remedy or right
given hereunder or by law:
(I) give notice to Lessee that this Lease terminates upon the date specified in the notice, which date will be
no earlier than five (5) days after the giving of such notice; or
(ii) immediately or at any time after the occurrence of such Event of Default and without notice or demand,
enter upon the Premises, or any part thereof in the name of the whole, and, upon the date specified in a
notice, if given, or in any notice pursuant to law, or upon such entry, this Lease terminates.
Section 27 No debts. Lessee shall not incur any debts or obligations on the credit of the City during the term of this
Lease.
Section 28 Notice.
(A) 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: (I) by personal delivery; (ii) by deposit with the
United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; (iii) by
prepaid telegram; (iv) by deposit with an overnight express delivery service, for which service has been prepaid;
or (v) by fax transmission.
(B) Notice deposited with the United States Postal Service in the manner described above will be deemed effective
two (2) business days after deposit with the United States Postal Service. Notice by telegram or overnight
express delivery service will be deemed effective one (1) business day after transmission to the telegraph
company or overnight express carrier. Notice by fax transmission will be deemed effective upon transmission
with proof of delivery.
(C) All these communications must only be made to the following:
IF TO CITY: IF TO LESSEE:
-420-
City of Corpus Christi
Park and Recreation Department
P. 0. Box 9277
Corpus Christi, Texas 78469 -9277
Attn: Director of Park and Recreation
Corpus Christi Sharks
Attn: General Manager
101 North Shoreline Suite 208
Corpus Christi, Texas 78401
8
(D) Either party may change the address to which notice is sent by using a method set out above. Lessee shall notify
the City of an address change within ten (10) days after the address is changed.
Section 29 Nondiscrimination. Lessee covenants and agrees that it shall 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
Premises, 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. The City hereby reserves the right to take such action as the
United States may direct to enforce this covenant.
Section 30 Modifications. No changes or modifications to this Lease may be made, nor any provisions waived, unless
the change or modification is made in writing and signed by persons authorized to sign agreements on behalf of each
party.
Section 31 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, shall not be deemed a waiver by said party of any of its rights hereunder. 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. 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 shall not be deemed a consent or approval of the same or any other
action at any other occasion.
(B) 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 understood that, if at any time Lessee is in default in any of its conditions or
covenants hereunder, the failure on the part of the City to promptly avail itself of said rights and remedies which
the City may have shall not be considered a waiver on the part of the City, but City may at any time avail itself of
said rights or remedies or elect to terminate this Lease on account of said default. Any waiver by the parties of a
breach of any covenants, terms, obligations, or events of default shall not be construed to be a waiver of any
subsequent breach, nor shall the failure to require full compliance with this Lease be construed as changing the
terms of this Lease or estopping the parties from enforcing the terms of this Lease.
Section 32 Force Majeure. No party to this Lease shall be liable for delays or failures in performance due to any cause
beyond their control including, without limitation, any delays or failures 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. These delays or failures to perform shall extend the period of performance until these exigencies have been
removed. The Lessee shall inform the City in writing of proof of such force majeure within three (3) business days or
otherwise waive this right as a defense.
Section 33 Surrender. Lessee acknowledges and understands that the lease of the Premises to Lessee is expressly
conditioned on the understanding that the Premises must be surrendered, upon the expiration, termination, or cancellation
of this Lease, 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. Any reasonable costs incurred for repairs or corrections for which
Lessee is responsible under this Lease are payable by Lessee to City as additional rental on the next rental payment
date, or within 30 days written demand.
Section 34 Enforcement Costs. In the event any legal action or proceeding is undertaken by the City to repossess the
Premises, collect the lease payment(s) due hereunder, collect for any damages with regard to this Lease, to the
Premises, or to in any way enforce the provisions of this Lease, Lessee agrees to pay all court costs and expenses and
-421-
9
the sum as a court of competent jurisdiction may adjudge reasonable as attorneys' fees in said action or proceeding, or in
the event of an appeal as allowed by an appellate court, if a judgment is rendered in favor of the City.
Section 35 Publication Costs. Lessee shall pay for the cost of publishing the Lease description and related ordinance,
as required by the City Charter, in the legal section of the local newspaper.
Section 36 Interpretation. This Lease will be interpreted according to the Texas laws that govern the interpretation of
contracts. Venue lies in Nueces County, Texas, where this Lease was entered into and will be performed.
Section 37 Survival of Terms. Termination or expiration of this Lease for any reason shall not release either party from
any liabilities or obligations set forth in this Lease that (a) the parties have expressly agreed shall survive any such
termination or expiration, or (b) remain to be performed or by their nature would be intended to be applicable following any
such termination or expiration.
Section 38 Construction of Ambiguities. The parties expressly agree that they have each independently read and
understood this Lease. Any ambiguities in this Lease shall not be construed against the drafter.
Section 39 Captions. The captions utilized in this Lease are for convenience only and do not in any way limit or amplify
the terms or provisions hereof.
Section 40 Termination. It is Lessee's responsibility to remove its personal property from the Premises prior to
termination or expiration of the Lease. Lessee agrees that any of personal property remaining on the Premises after the
termination or expiration of the Lease automatically becomes City property without any notice, action, or process of law,
for disposition by the City as City deems appropriate in City Manager sole discretion, with no compensation to Lessee.
Section 41 Entirety Clause. This Lease and the incorporated and attached exhibits constitute the entire agreement
between the City and Lessee for the purpose granted. All other agreements, promises, representations, and
understandings, oral or otherwise, with reference to the subject matter hereof, unless contained in this Lease are
expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease and its
exhibits of the terms, conditions, promises, and covenants relating to Lessee's operations and the Premises to be used in
the operations.
Section 42 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, for it is the definite intent of the parties to this Lease
that every section, paragraph, subdivision, clause, provision, phrase or word hereof be given full force and effect
for its purpose.
(8) 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.
EXECUTED IN DUPLICATE, each of which shall be considered an original, on the day of
2009.
-422-
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED A$ TO LEGAL FORM this ow
By:
Lisa Aguilar
Assistant City Attorney
for City Attorney
'Angel R. Escobar
City Manager
day of
LESSEE: CORK S 2 FOOTBALL, L
By:
Name:
Title:
Date: tr
STATE OF TEXAS
COUNTY OF NUECES §
, 2009.
§
10
Bef rp me the undersigned authority, on this day personally appeared Lcuw'nwu?- L nde, the
J('4 (a 14 for the Corpus AF2 Football, a limited liability company, known to me to be the person and
officer whose name is subscribed above, and acknowledged to me that he executed the same as the act of Corpus AF2
Football, LLC for the purposes and consideration therein expressed and in the capacity stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE 2. DAY OF , tin u 0.f' 2009.
Notary Public
—423—
11
INSURANCE REQUIREMENTS
LESSEE'S LIABILITY INSURANCE
A. Lessee must not commence work under this agreement until all insurance required has been obtained and such
insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all
similar insurance required of any subcontractor has been obtained.
B. Lessee must furnish to the City's Risk Manager, 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 on the General liability policy, and a blanket waiver of subrogation is required on all
applicable policies.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30- written day 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
$500,000 COMBINED SINGLE LIMIT
LIQUOR LIABILITY COVERAGE
If liquor being served
$1,000,000 COMBINED SINGLE LIMIT
Property Coverage
Lessee will be responsible for any and all
damage to equipment used regardless if owned,
rented, leased or borrowed.
WORKERS' COMPENSATION
EMPLOYERS' LIABILITY
Applicable when employs paid employees,
WHICH COMPLIES WITH THE TEXAS
WORKERS' COMPENSATION ACT AND
PARAGRAPH II OF THIS EXHIBIT
$500,000
C. In the event of accidents of any kind, Lessee must furnish the Risk Manager with copies of all reports of any
accidents within 10 days of the accident.
2009 Merriman -Bobys House lease agreement ins. req.
1 -21 -09 ep Risk Mgmt.
II. ADDITIONAL REQUIREMENTS
A. Applicable when employing paid employees, Lessee must obtain workers' compensation coverage through a
licensed insurance company. The coverage must be written on a policy and endorsements approved by the
Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient
to assure that all workers' compensation obligations incurred by the Lessee will be promptly met.
-424-
12
B. Certificate of Insurance:
• The City of Corpus Christi must be named as an additional insured on the General Liability coverage and a
blanket waiver of subrogation in favor of the City is required on all applicable policies.
• If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be
amended by adding the wording "changed or" between "be" and "canceled ", and deleting the words, "endeavor
to ", and deleting the wording after "left". In lieu of modification of the ACORD form, separate policy endorsements
addressing the same substantive requirements are mandatory.
• Insurance Carrier must be rated in A. M. Best with a minimum acceptable ratinf of l -vii or better.
• The name of the project must be listed under "Description of Operations"
• At a minimum, a 30 -day written notice to the Risk Manager of cancellation, material change, non - renewal or
termination is required.
2009 Merriman -Bobys House lease agreement ins. req.
1 -21 -09 ep Risk Mgmt.
-425-
11
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: February 17, 2009
AGENDA ITEM(S):
Resolution authorizing the City Manager, or his designee, to execute the second
amendment to the contract between the Corpus Christi Business and Job Development
Corporation and John Mikulencak, d.b.a. Extreme Homes of Texas for new construction
homebuyers assistance project by extending the term of the program agreement.
ISSUE:
The following amendment is proposed for City Council approval by the Corpus Christi
Business and Job Development Corporation (4A Board) for affordable housing projects
supported with funding made available through the sales and use tax for affordable
housing as approved by the residents with the passage of Proposition 2B on November 5,
2002.
The proposed second amendment was considered and approved by the Corpus Christi
Business and Job Development Corporation on January 19, 2009.
Project Description:
John Mikulencak dba Extreme Homes of Texas - $160,067 (2005 -2006 funds)
Extreme Homes of Texas received a grant in the amount of $160,067 to assist an
estimated 16 homebuyers with a $10,000 grant for down payment and closing costs. This
homebuyer assistance is in the form of a grant that is forgivable after 5 years of home
ownership. The homes are designed for three - bedrooms, two- baths; and one - garage;
have 1,147 square feet; and are priced at $85,000.
A first amendment was approved by the 4A board and the City Council in November 2007
and executed in January 2008, for a one -year extension to the contract terms and
adjusting the homebuyer assistance amounts to match those provided by the City of
Corpus Christi and other affordable housing programs. The current agreement expired on
November 30, 2008.
To date, Extreme Homes of Texas has assisted six homebuyers, totaling $108,000. The
homebuyer assistance has ranged in the amount from $15,000 to $20,000 depending on
the homebuyers level of income. The City of Corpus Christi's Neighborhood Services
Department provides the homebuyer assistance education classes and the administrative
processing services for this project.
—429—
Extreme Homes of Texas proposes to utilize the remaining project funds, estimated to be
$52,067 for home buyer assistance of down payment and closing costs for the purchase of
their newly constructed homes by December 31, 2009.
REQUIRED COUNCIL ACTION:
City Council approval is necessary to finalize the proposed amendments to the Affordable
Housing Program contracts of the Corpus Christi Business and Job Development
Corporation.
CONCLUSION AND RECOMMENDATION:
City Council approval of the proposed amendment to the Affordable Housing Program
contract with Extreme Homes of Texas, Inc. as presented by city staff and approved by the
Corpus Christi Business and Job Development Corporation.
Respectfully Submitted,
Morales Haag, Dir
borhood Services Department
Attachments: Resolution - 2nd Amendment, Extreme Homes of Texas, Inc.
2nd Amendment - Extreme Homes of Texas, Inc.
-430-
Page 1 of 3
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE
THE SECOND AMENDMENT TO THE CONTRACT BETWEEN THE
CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT
CORPORATION AND JOHN MIKULENCAK, DBA EXTREME HOMES
OF TEXAS, FOR NEW CONSTRUCTION HOMEBUYERS ASSISTANCE
PROJECT BY EXTENDING THE TERM OF THE PROGRAM
AGREEMENT
WHEREAS, the Corpus Christi Business and Job Development Corporation, the City of
Corpus Christi, and John Mikulencak, dba Extreme Homes of Texas ( "Extreme
Homes "), executed an agreement for the purpose of utilizing 4A sales tax funds to
accomplish the affordable housing project described in the Agreement and in the
Extreme Homes proposal, a project suitable for the promotion and development of
affordable housing project, for a term of twelve months from the date of the execution of
the contract.
WHEREAS, the agreement was last executed on November 21, 2006;
WHEREAS, on January 16, 2008, the parties executed the first amendment to the
agreement that revised the term provision of the agreement to extend the agreement
until November 30, 2008, and to adjust the amount of the loan of funds to a maximum of
$20,000 and the term of the loan to a deferred forgivable loan and amortized for a term
provided by other HUD supported programs; and
WHEREAS, the parties to the agreement now desire to execute this second
amendment to revise the term provision of the agreement to extend the agreement until
December 31, 2009;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Council of the City of Corpus Christi, Texas, approves the
second amendment to the Affordable Housing Program Agreement for a Pilot Infill
Housing Project between the Corpus Christi Business and Job Development
Corporation and Extreme Homes, to extend the term of the agreement until December
31, 2009.
SECTION 2. The City Manager, or designee, is authorized to execute the second
amendment to the Affordable Housing Program with John Mikulencak, dba Extreme
Homes of Texas, for a New Construction Homebuyers Assistance Project, a copy of
which is attached as Exhibit "A ".
Resolution -- 2nd Amend — Extreme Homes 4A Agreement -- 01142009.doc
—431—
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED AS TO FORM: January 14, 2009
A""
r% R. Jay Reini. g
First Assistant City Attorney
For the City Attorney
Page 2 of 3
Henry Garrett
Mayor
Resolution — 2nd Amend -- Extreme Homes 4A Agreement — 45142009.doc
Page 3 of 3
Corpus Christi, Texas
of , 2009
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
Resolution -- 2nd Amend — Extreme Homes 4A Agreement -- D1g2009.doc
SECOND AMENDMENT TO THE AFFORDABLE HOUSING AGREEMENT
WITH JOHN MIKULENCAK DBA EXTREME HOMES OF TEXAS
FOR A NEW CONSTRUCTION HOMEBUYERS ASSISTANCE PROJECT
This second amendment to the Affordable Housing Agreement with John
Mikulencak, dba Extreme Homes of Texas, for a New Construction Homebuyers
Assistance Project ( "Agreement ") is entered into between the Corpus Christi
Business and Job Development Corporation ( "Corporation "), the City of Corpus
Christi ( "City "), and John Mikulencak, dba Extreme Homes of Texas ( "Extreme
Homes ").
WHEREAS, the Corporation, City, and Extreme Homes executed the Agreement
for the purpose of utilizing 4A sales tax funds to accomplish the affordable
housing project described in the Agreement and in the Extreme Homes proposal;
and
WHEREAS, on January 16, 2008, the parties executed the first amendment to
the Agreement ( "First Amendment ") that revised the term provision of the
Agreement to extend the agreement until November 30, 2008, and to adjust the
amount of the loan of funds to a maximum of $20,000 and the term of the loan to
a deferred forgivable loan and amortized for a term provided by other HUD
supported programs; and
WHEREAS, the parties to the Agreement desire to execute this second
amendment to extend the further extend the term of the previously amended
Agreement;
NOW, THEREFORE, the parties to the Agreement agree to reinstate and amend
the Agreement as follows:
Section 1. All terms conditions and covenants contained in the Agreement
continue in full force and effect. Section 3 of the Agreement entitled "Term," as
amended by the First Amendment to the Agreement, is revised to read as
follows:
"SECTION 3. Term.
"The term of this Program Agreement extends until
December 31, 2009."
Section 2. By execution of this second amendment, the parties agree to be
bound by the amended term provision. All other provisions, obligations, and
conditions of the Agreement and the First Amendment not changed by this
second amendment remain the same and in full force and effect.
Page 1 of 3
2nd Amend •• Extreme Homes 4A Agreement — Clean 012220D9
Rvhihit A
EXECUTED IN TRIPLICATE, each of which is considered an original, on this the
day of , 2009.
Corpus Christi Business &
Job Development Corporation
Eloy Salazar
Chairman
STATE OF TEXAS §
COUNTY OF NUECES §
ACKNOWLEDGMENT
KNOW ALL BY THESE PRESENTS:
This instrument was acknowledged before me on 2009,
by Eloy Salazar, Chairman, Corpus Christi Business and Job Development
Corporation, a Texas nonprofit corporation, on behalf of the corporation.
Notary Public
State of Texas
Page 2 of 3
2nd Amend — Extreme Homes 4A Agreement — Clean 0 12809
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED AS TO FORM: January 22, 2009
Lisa Aguilar, Assistant City Attorney
for the City Attorney
JOHN MIKULENCAK
DBA EXTREME HOMES OF TEXAS
John Mikulencak, Owner
Date:
STATE OF TEXAS
COUNTY OF NUECES
§
§
§
'Angel R. Escobar
City Manager
Date:
ACKNOWLEDGMENT
KNOW ALL BY THESE PRESENTS:
This instrument was acknowledged before me on , 2009,
by John Mikulencak.
Notary Public
State of Texas
Page 3of3
2nd Amend — Extreme Homes 4A Agreement -- Clean 018 20109
12
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 02/10/09
AGENDA ITEM:
AN ORDINANCE TO IMPLEMENT FOLLOWING SALARY INCREASES FOR THE
MUNICIPAL COURT JUDGES: PRESIDING JUDGE - 2.5% EFFECTIVE MAY 25,
2009; MUNICIPAL COURT JUDGES - 3.5% EFFECTIVE FEBRUARY 16, 2009 AND
6.5% EFFECTIVE MAY 25, 2009; AND DECLARING AN EMERGENCY.
ISSUE: Council directed staff to move the Municipal Court Judges salaries to the City's pay
plan midpoint over a two year period. The pay increases recommended are part of the two year
plan.
REQUIRED COUNCIL ACTION:
Staff recommends Council approval.
PREVIOUS COUNCIL ACTION:
On October 21, 2008, staff presented a plan to Council that would bring Municipal Court Judge
salaries to the City's pay plan midpoint in two years, as directed by Council.
On November 11, 2008, City Council authorized Ordinance number 027929 which appropriated
$25,300 from the reserve for Municipal Court Juvenile Case Manager Fund for Juvenile Case
Manager Salaries to the FY 08 -09 Operating Budget, which made funds available for Municipal
Court Judges salary increases.
CONCLUSION AND RECOMMENDATION:
Approval will provide pay increases to the Municipal Court Judges, meeting the expectations of
Council, as set forth during FY 08 -09 budget discussion.
Jc_r c_>
Cya4hia C. Garcia
Director of Human Resources
Attachments
-439-
BACKGROUND INFORMATION
During presentations for the Fiscal Year 2008 -09 Budget, Council members asked for a
study of pay for Municipal Court Judges. Human Resources Department staff conducted a
market study of matching jobs in other Texas cities, and presented the information to the
Municipal Court Committee.
A presentation to the Council was conducted on October 21, 2008. The presentation
provided a plan to move Municipal Court Judge salaries to the City's pay plan midpoint in
two years. A copy of that presentation is attached for your reference.
On November 11, 2008, Council approved agenda consent item #19 appropriating $25,300
from the reserve for Municipal Court Juvenile Case Manager Fund to the FY 2008 -09
Operating Budget.
This agenda item is to authorize the pay increases for Municipal Court Judges.
—440—
Page 1 of 2
AN ORDINANCE
TO IMPLEMENT FOLLOWING SALARY INCREASES FOR THE MUNICIPAL
COURT JUDGES: PRESIDING JUDGE - 2.5% EFFECTIVE MAY 25, 2009;
MUNICIPAL COURT JUDGES - 3.5% EFFECTIVE FEBRUARY 16, 2009 AND 6.5%
EFFECTIVE MAY 25, 2009; AND DECLARING AN EMERGENCY.
Whereas, on November 11, 2008, City Council authorized Ordinance number 027929
which appropriated $25,300 from the reserve for Municipal Court Juvenile Case
Manager Fund for Juvenile Case Manager Salaries, which made funds available for
Municipal Court Judges salary increases;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS
CHRISTI, TEXAS:
SECTION 1. The Presiding Municipal Court judge will receive the following pay
increase — 2.5% effective May 25, 2009. The Municipal Court Judges will receive the
following pay increases — 3.5% effective February 16, 2009 and 6.5% effective May 25,
2009. These increases are in addition to the 2.5% increase effective November 24,
2008 provided in Pay Plans 400 and 600.
SECTION 2. That upon written request of the Mayor or five council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and shall take
effect upon first reading as an emergency February 10, 2009.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved as to form: January 19, 2009
By: ,juYt
Lisa Aguilaf
Assistant City Attorney
For the City Attorney
Henry Garrett
Mayor
H: \LEG- DIR \Lisa\2008 ORDINANCES \ORD - Mun444 Court Judge salary.doc
Page 2of2
Corpus Christi, Texas
Day of
, 2009
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: I /we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Henry Garrett
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel)
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
H:\LEG- DIR \Lisa\2008 ORDINANCES \ORD - Mun 4 2Gburt Judge salary.doc
Municipal Court Judge
Salary Review
Background
• 06/10/08 Council requested a comparison of Municipal Court
Judge salaries to those of other cities
• 07/22/08 Staff presented to Council market study data comparing
salaries with 11 other Texas cities
- Council requested staff prepare proposals to bring salaries to market
level within one year or two years
• 08/19/08 Staff presented to the Municipal Court Committee initial
costing information
- Committee set goal to bring salaries to the City's pay plan midpoint
within two years
• 09/09/08 Staff presented to the Municipal Court committee a
phased in plan to bring salaries to the City's pay plan midpoint
within two years, Including proposed funding options
• 09/30/08 Staff reviewed revised proposal with Municipal
committee
-443- 1
Current Position
• Presiding Municipal Court Judge
- Pay Plan structure ($68,485 - $94,947 - $121,408)
— Current Pay $88,393 (93% of midpoint)
• Municipal Court Judge (full -time)
- Pay Plan structure ($60,578 - $83,986 - $107,394)
— Current Pay $68,468 (82% of midpoint)
• Municipal Court Judge (part-time)
- Pay Plan structure ($60,578 - $83,986 - $107,394)
— Current Pay $11,978 (7hrs /week) (82% of midpoint
Proposed Salary Adjustment Plan
• Presiding Municipal Court Judge
- 11/24/08 2.5% pay increase (approved in budget process)
- 05/25/09 2.5% - Moved 50% to midpoint
- 08/17/09 2.5 %*
- 05/03/10 2.3%* -4001110 100% of 11/24/08 Midpoint **
• Municipal Court Judges
- 11/24/08 2.5% pay increase (approved in budget process)
- 02/16/09 3.5%
- 05/25/09 6.5% - Moved 50% to midpoint
- 08/17/09 2.5 %*
- 01/04/10 3.5 %*
- 05/03/10 4.9 %* - 0 100% or11/24/08 Midpoint **
• FY 08 -09 Added Cost to the Budget - $23,272
** If 2009 market
study leads to
movement of the
midpoint, this plan may
fall short of the
midpoint
• FY 09 -10 Added Cost to the Budget - $88,338
• FY 10 -11 Total Annual Increase in Salaries - $115,581
*Pay increases effective during FY 09 -10 will be presented during the FY 09,10 b
council consideration and adoption
-444-
2
Funding Option
• During FY09 budget deliberations staff identified an
opportunity to utilize existing funds authorized by the State
of Texas to support juvenile case managers.
• A trust fund established in January 2006 to collect a $3.00
fee per conviction currently has a balance of $226,976, with
annual revenues of approximately $90,000 - $100,000.
• The state law creating this fund requires that juvenile case
managers funded through the fee report to Municipal Court.
• The realignment of management of juvenile case managers
from Parks and Recreation — Juvenile Assessment Center
(JAC) to Municipal Court provides an opportunity to use a
non - General Fund resource to offset current General Fund
budgeted liabilities.
• The savings are available to meet the fundin
to adjust Municipal Court Judges sa
JAC and Municipal Court
Necessary Steps
• Priority is to continue to provide leadership, guidance and direction to JAC
and ensure that we continue the highest level of service to the citizens of
Corpus Christi.
• Municipal Court Administrator and Park & Recreation Superintendent of
Community Services will co- supervise case managers at JAC.
• Two case managers or other appropriate staff positions will be identified
for funding from the Municipal Court Juvenile Case Manager fund.
• This realignment of funding will allow funds to be made available for the
proposed increases in salaries for Municipal Court judges.
• A third party will be selected to evaluate the current operations at the JAC
to determine the best location (department) for supervision of JAC within
the City.
• Evaluation will take place within the next 6 months and be included i
budget recommendations to City Council for the proposed 2009- 01
fiscal year.
—445—
3
Future City Council Action Item
• Bring forward an ordinance to
appropriate funds from the Reserve
for Municipal Court Juvenile Case
Manager fund to pay for case
managers salaries currently
budgeted in the General Fund
—This action frees up funds for increases
to Municipal Court judges' salaries for
remainder of Fiscal Year 2008 -2009
-446-
4
13
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: February 10, 2009
AGENDA ITEM: Motion authorizing the City Manager or his designee to execute an annual joint
funding agreement with the United States Geological Survey (USGS), U. S. Department of the
Interior, to gather and maintain accurate records of all inflows and releases in the reservoir
system as per Texas Water Rights Permit No. 3358 and for the continuation of surface water
quality data collection by the USGS. The City will contribute an amount of $319,380, out of a
total project cost of $378,155 during the federal fiscal year October 1, 2008 through September
30, 2009
ISSUE: The United States Geological Survey (USGS) established automated river gauging
stations as per the City's request in 1981 to gather and maintain accurate records of all inflows
and releases in the water reservoir system. In order to continue with the annual watershed
gauging program, an annual joint funding agreement between the City and the USGS is
necessary.
REQUIRED COUNCIL ACTION: To approve the continued funding agreement with the USGS.
PREVIOUS COUNCIL ACTION: This agreement has been approved on an annual basis by the
previous City Councils.
FUNDING: Funds are budgeted in the Wesley Seale Dam (530000 -4010- 30200) and Choke
Canyon Reservoir (530000- 4010- 30210) activities of the Water Fund for a total available amount of
$319,380.
CONCLUSION AND RECOMMENDATION: Approval of continued funding agreement as
presented.
' -Directo
Attachment: USGS Joint Funding Agreement
—449—
zalez, .E.
of Water Op-rations
BACKGROUND INFORMATION
In 1981, the City requested the United States Geological Survey (USGS) to establish automated
river gauging stations to gather and maintain accurate records of all inflows and releases in the
water reservoir system. This was necessary to comply with Texas Water Rights Permit No. 3358,
which required that specified releases from the reservoir system be made to the bays and estuaries.
The initial joint funding agreement was approved by the City Council in 1984, and it provides funds
for Geological Survey operations on the Nueces, Frio and Atascosa rivers and tributaries, and at
Lake Corpus Christi and Choke Canyon Reservoir.
The USGS maintains all equipment, i.e. stream flow stations, data collection platforms, rain gauges,
and analyzes the data gathered to provide gauge height readings, discharge readings, and reservoir
content information. The City funds a portion of the operational costs of the stream flow and full
service data collection platforms and the full cost of rain gauges and surface discharge gauges
below the two dams. The National Weather Service also uses the data collected to predict floods.
When fully implemented in 1984, the program included thirteen stations; additional stations have
been added since the beginning of the program and at present there are twenty seven stations in
use.
The costs of data collection platforms and stream flow stations are shared by the USGS and the City
of Corpus Christi, with the costs of other services borne entirely by the City. Funds are budgeted
each year in the Water Department operating budget for the City's share of the joint funding. Funds
are budgeted in the Wesley Seale Dam (530000- 4010 - 30200) and Choke Canyon Reservoir
(530000- 4010 - 30210) activities of the Water Fund for a total available of $319,380.
-450-
Form 9 -1366
(Oct. 2005)
U.S. Department of the Interior
U.S. Geological Survey
Joint Funding Agreement
FOR
Water Resources Investigations
Page 1 of 2
Agreement #: 09C4TX029000000
Customer #: TX029
Project #: 86539ME
TIN #: 74- 6000574
USGS DUNS #: 128821266
Fixed Cost Agreement Yes
X
No
THIS AGREEMENT is entered into as of the 1st day of October, 2008, by the U.S. GEOLOGICAL SURVEY, UNITED
STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the CITY OF CORPUS CHRISTI, party of the second
part.
1. The parties hereto agree that subject to the availability of appropriations and in accordance with their respective authorities
there shall be maintained in cooperation surface -water and water - quality data collection activities, herein called the
program. The USGS legal authority is 43 USC 36C; 43 USC 50, and 43 USC 50b.
2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related
to this program. 2(b) includes In -Kind Services in the amount of $0.00
(a) $58,775 by the party of the first part during the period
October 1, 2008 to September 30, 2009
(b) $319,380 by the party of the second part during the period
October 1, 2008 to September 30, 2009
(c) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by
mutual agreement and set forth in an exchange of letters between the parties.
(d) The performance period may be changed by mutual agreement and set forth in an exchange of letters between the
parties.
3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing
each party.
4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an
authorized representative of the party of the first part.
5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their
authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to
insure the required standards of accuracy subject to modification by mutual agreement.
6. During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the
inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may
terminate this agreement upon 60 days written notice to the other party.
7. The original records resulting from this program will be deposited in the office of origin of those records. Upon request,
copies of the original records will be provided to the office of the other party.
8. The maps, records or reports resulting from this program shall be made available to the public as promptly as possible. The
maps, records or reports normally will be published by the party of the first part. However, the party of the second part
reserves the right to publish the results of this program and, if already published by the party of the first part shall, upon
request; be furnished by the party of the first part; at cost, impressions suitable for purposes of reproduction similar to that for
which the original copy was prepared. The maps, records or reports published by either party shall contain a statement of the
cooperative relations between the parties.
9. USGS will issue billings utilizing Department of the Interior Bill for Collection (form Dl- 1040). Billing documents are to be
rendered quarterly. Payments of bills are due within 60 days after the billing date. If not paid by the due date, interest will be
charged at the current Treasury rate for each 30 day period, or portion thereof, that the payment is delayed beyond the due
date. (31 USC 3717; Comptroller General File B- 212222, August 23, 1983.).
-451-
Form 9-1366
Continued
U. S. Department of the Interior
U. S. Geological Survey
Joint Funding Agreement
USGS Technical Point of Contact
Name: Larry B. Thomas
Supervisory Hydrologist
Address: U.S. Geological Survey, TX WSC
5563 De Zavala Rd., Suite 290
San Antonio, TX 78249
Telephone: (210) 691 -9213
Fax: (210) 691 -9270
Email: Ibthomas@usgs.gov
USGS Billing Point of Contact
Name: Justin M. Wedel
Administrative Officer
Address* U.S. Geological Survey, TX WSC
8027 Exchange Dr
Austin, TX 78754
Telephone: (512) 927 -3549
Fax: (512) 927 -3590
Email: jmwedel @usgs.gov
By
Name:
Title:
U.S. GEOLOGICAL SURVEY
UNITED STATES
DEPARTMENT OF THE INTERIOR
Signature
Robert
Director
Page 2 of 2
Agreement #: 09C4TX029000000
Customer #: TX029
Project #: 86539ME
TIN #: 74- 6000574
USGS DUNS #: 128821266
Customer Technical Point of Contact
Name: Angel Escobar, P.E.
City Manager
Address: City of Corpus Christi
1201 Leopard St.
Corpus Christi, TX 78401
Telephone: (361) 880 -3220
Fax: (361) 826-3839
Email: angele @cctexas.com
Customer Billing Point of Contact
Name: M. P. Sudhakaran
Water Resources Mgmt Advisor
Address: City of Corpus Christi
P.O. Box 9277
Corpus Christi, TX 78469 -9277
Telephone: (361) 826-3667
Fax: (361) 826 -4420
Email: MP @cctexas.com
CITY OF CORPUS CHRISTI
/ /,/ l Signatures
Date /10 O By Date
Name:
Title:
-452-
By Date
Name:
Title:
4 am tti *IS fo Conn
By -ti Date
Name:
Title: it 7744,2:4:7 �V
Frs8/7 //tame _
WY2009 CITY OF CORPUS CHRISTI 12/17/2008
STATION
NUMBER
001: SURFACE WATER
ATTACHMENT FOR TX029
DESCRIPTION
USGS COOP TOTAL
FUNDS FUNDS FUNDS
08194000 Nueces River at Cotulla, TX
Full Range Streamflow Station $5,100 $9,700 $14,800
Raingage - Station $0 $690 $690
08194500 Nueces River near Tilden, TX
Full Range Streamflow Station $5,100 $9,700 $14,800
Raingage - Station $0 $690 $690
08197500 Rio River bl Dry Frio River nr Uvalde, TX
Raingage - Station $225 $465 $690
08198500 Sabinal River at Sabinal, TX
Raingage - Station $225 $465 $690
08200700 Hondo Creek at King Waterhole nr Hondo, TX
Raingage - Station $225 $465 $690
08205500 Frio River near Derby, TX
Full Range Streamflow Station $5,100 $9,700 $14,800
Raingage - Station $0 $690 $690
08206600 Frio River at Tilden, TX
Full Range Streamflow Station $5,100 $9,700 $14,800
08206700 San Miguel Creek near Tilden, TX
Raingage - Station $0 $690 $690
08206900 Choke Canyon Reservoir nr Three Rivers, TX
Reservoir Contents $2,740 $4,660 $7,400
Raingage - Station $0 $690 $690
08206910 Choke Canyon Res. outflow nr Three Rivers, TX
O below Base and Continous Stages $3,170 $6,630 $9,800
08208000 Atascosa River at Whitsett, TX
Raingage - Station $0 $690 $690
08210000 Nueces River near Three Rivers, TX
Full Range Streamflow Station $5,100 $9,700 $14,800
08210100 Nueces River at Georgewest, Tx
Stage Only Station (one level) $0 $7,100 $7,100
08210500 Lake Corpus Christi near Mathis, TX
Reservoir Contents $2,740 $4,660 $7,400
Page 1 of 3
-453-
WY2009 CITY OF CORPUS CHRISTI 12/17/2008
08211000 Nueces River near Mathis, TX
Full Range Streamflow Station $0 $14,800 $14,800
Raingage - Station $0 $690 $690
08211200 Nueces River above Bluntzer, TX
Q below Base and Continous Stages $3,170 $6,630 $9,800
08211500 Nueces River at CalaIlen, TX
Full Range Streamflow Station $5,100 $9,700 $14,800
Redundant DCP and Additional Stage $0 $4,580 $4,580
08211503 Rincon Bayou Channel near CalaIlen, TX
Q below Base with AVM and Continuous Stage
SURFACE WATER TOTAL:
003:WATER QUALITY
$0 $12,600 $12,600
$43,095 $126,085 $169,180
08194500 Nueces River near Tilden, TX Frequnecy
Special Periodic Sample Collection and Processing 4 $500 $5,700 $6,200
Minor Elem + inorganic - Part I 4 $100 $640 $740
Inorganics: Major Ions and Trace Metals 4 $60 $465 $525
Metals, ICP /MS, Dissolved 4 $150 $650 $800
Dissolved Nutrients + ortho-phosphate 4 $50 $370 $420
Pesticides(C -18 SPE), filtered 4 $300 $1,690 $1,990
Pesticides(HPLC /MS SPE), filtered (lab) 4 $350 $2,390 $2,740
STATION TOTAL: $1,510 $11,905 $13,415
08206600 Frio River at Tilden, TX Frequnecy
Special Periodic Sample Collection and Processing 4 $500 $5,680 $6,180
Minor Elem + inorganic - Part I 4 $100 $640 $740
Inorganics: Major Ions and Trace Metals 4 $60 $470 $530
Metals, ICP /MS, Dissolved 4 $150 $650 $800 .
Dissolved Nutrients + ortho-phosphate 4 $50 $370 $420
Pesticides(C-18 SPE), filtered 4 $300 $1,690 $1,990
Pesticides(HPLC/MS SPE), filtered (lab) 4 $350 $2,310 $2,660
STATION TOTAL: $1,510 $11,810 $13,320
08210000 Nueces River near Three Rivers, TX Frequnecy
Special Periodic Sample Collection and Processing 4 $500 $5,890 $6,390
Minor Elem + inorganic - Part I 4 $100 $660 $760
Inorganics: Major Ions and Trace Metals 4 $60 $480 $540
Metals, ICP /MS, Dissolved 4 $150 $670 $820
Dissolved Nutrients + ortho-phosphate 4 $50 $380 $430
Pesticides(C -18 SPE), filtered 4 $300 $1,750 $2,050
Pesticides(HPLC/MS SPE), filtered (lab) 4 $350 $2,470 $2,820
STATION TOTAL: $1,510 $12,300 $13,810
Page 2 of 3
-454-
WY2009 CITY OF CORPUS CHRISTI 12/17/2oos
08206900 Choke Canyon Reservoir nr Three Rivers, TX Frequnecy
Lake Survey Sample Collection and Processing 3 $2,300 $13,770 $16,070
Minor Elem + inorganic - Part I 6 $200 $910 $1,110
Metals, ICP /MS, Dissolved 6 $250 $950 $1200
Inorganics: Major Ions and Trace Metals 6 $125 $655 $780
Pesticides(C -18 SPE), filtered 12 $1,200 $4,780 $5,980
Pesticides(HPLC /MS SPE), filtered (lab) 12 $1,500 56,460 57,960
Pesticides - Bottom Sediment 2 $250 $1,660 $1,910
Oil and Grease 4 $100 $750 $850
STATION TOTAL: $5,925 $29,935 $35,860
08210500 Lake Corpus Christi near Mathis, TX Frequnecy
Lake Survey Sample Collection and Processing 3 $2,300 $13,770 516,070
Minor Elem + inorganic - Part l 6 $200 $910 $1,110
Metals, ICP /MS, Dissolved 6 $250 5950 $1200
Inorganics: Major Ions and Trace Metals 6 $125 $655 5780
Pesticides(C-18 SPE), filtered 9 $900 $3.580 $4,480
Pesticides(HPLC /MS SPE), filtered (lab) 9 $1,100 $4,870 55,970
Pesticides - Bottom Sediment 2 5250 $1,660 $1,910
Oil and Grease 4 $100 $750 $850
STATION TOTAL: $5,225 $27,145 532370
08211200 Nueces Rv at Bluntzer, Tx
Temp., Cond., pH, Diss. Oxy., Monitor (4 -Parm)
08211450 08211450 - Nueces Rv blw Hazel Bazemore Park nr Calallen, Tx
Temp., Cond., pH, Diss. Oxy., Monitor (4 -Parm)
08211503 Rincon Bayou Channel near Calallen, TX
Temp. and Cond. Monitor (2 -Parm)
08211505 Rincon Bayou Channel outtall to Nueces Bay nr Calallen, TX
Temp. and Cond. Monitor (2 -Parm)
$0 534,500 $34,500
$0 534,500 $34,500
50 $34,500 $34,500
$0 $34,500 $34,500
50 515,600 $15,600
$0 $15,600 $15,600
$0 $15,600 $15,600
$0 $15,600 $15,600
WATER - QUALITY TOTAL: $15,680 $193,295 $208,975
PROJECT
SURFACE WATER: 001
WATER QUALITY: 003
TOTAL
USGS COOP TOTAL
FUNDS FUNDS FUNDS
$43,095 $126,085 $169,180
$15,680 $193,295 $208,975
$58,775 $319,380 $378,155
Page 3 of 3
-455-
14
AGENDA MEMORANDUM
City Council Action Date: February 10, 2009
SUBJECT: Packery Channel Improvements, Phase 2 — Parking and Overlooks
Project No. 3400 / CIP No. 15
AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a
Contract for Professional Services with Freese and Nichols, Inc. of Corpus Christi, Texas,
in the amount of $152,806 for the Packery Channel Phase 2 project for design, bid and
construction phase services for the parking and overlooks at the Channel.
ISSUE: This project is part of a multi -phase project to make improvements to the public
areas at Packery Channel. This proposed project is Phase 2 and will include the
construction of parking areas and overlooks along the north side of the channel and 10 -foot
wide walkways along the north and south sides of the channel. This contract is to provide
the design, bid and construction phase services for Phase 2.
FUNDING: Funding for this project will come from the Packery Channel Tax Increment
Finance Zone (TIF).
RECOMMENDATION: Staff recommends approval of the item as presented.
J■A, , !£;
y Gav
Director
G
Park and Recreation
Additional Support Material:
Exhibit "A" Background Information
Exhibit "A -1" Prior Actions
Exhibit "B" Contract Summary
Exhibit "C" Location Map
HIHOMEViechelle\GEHWeckery ChanneR3400-Ph 2 Parking a. Overlooks Wgenea N9Tcgoc
Pete Anaya, P.E.
Director of Engineering Services
AGENDA BACKGROUND INFORMATION
SUBJECT: Packery Channel Improvements, Phase 2 — Parking and Overlooks
Project No. 3400 / CIP No. 15
PROJECT DESCRIPTION: This project includes improvements on the north and south
sides of Packery Channel. The north -side improvements include new parking areas,
required fill under the parking areas, seven (7) overlooks, and a new road to the parking
areas /overlooks from the existing boat ramp. A 10 -foot wide walkway along the length of
the north side will also be constructed as part of this project. The south -side improvements
will include a 10 -foot wide walkway along the top of the south channel bank extending from
the existing flood gate at the west end to the existing jetty concrete cap at the east end.
When the preliminary scoping of the Packery Channel Improvements, Phase 2 — Parking
and Overlooks project was originally prepared, it did not include repair to the damaged
revetment on the north and south sides of the channel. However, the U.S. Army Corps of
Engineers (USAGE) has employed the services of URS Corporation to prepare the
construction documents for the repairs to the damaged revetment. The intent of this
request is to allow for the implementation of the parking /roads /overlook design efforts.
Due to the Parks and Recreation newly authorized USAGE beach maintenance permit,
construction of this project will begin after October 1, 2009. The Kemp Ridley Sea Turtle is
an endangered species that makes its nest here on the local Gulf Beach. Its peak nesting
season is between March 15 and October 1. During that time, Parks and Recreation will be
running a turtle patrol in their beach maintenance area. Due to the complexity and the
importance of following all of the guidelines regarding this beach maintenance permit, City
staff decided to postpone construction until October 1 to ensure that it is started and
completed before the 2010 sea turtle nesting season. In addition, construction during the
fall and winter months will minimize the impact on tourism and the hurricane season.
FUNDING: Funds appropriated through this agenda item will be used to pay for the
consultant's contract cost, Engineering and Finance department reimbursements,
advertising, printing and other miscellaneous costs.
PROJECT BACKGROUND: The Packery Channel Improvements, Phase 2— Parking and
Overlooks project is part of a multi - phased project to continue to improve the Packery
Channel area. The Packery Channel project is a storm damage reduction and
environmental restoration project performed by the United States Corps of Engineers
(USACE) Galveston District in which the City of Corpus Christi was the local sponsor. The
project consisted of a channel between the Gulf Intracoastal Waterway and the Gulf of
Mexico, which provided material for beach nourishment and backfill at the base of an
existing floodwall and water exchange between the Laguna Madre and the Gulf of Mexico.
The approved FY 2009 Capital Improvement Program (CIP) includes the following five
phases of improvements to Packery Channel and a sixth phase in the long -range CIP:
—460—
H IHOMElRachelle1GEN1Pn knry fhnnne113AtV1 -Ph 9 Pnhlnn R nwennLahe.. -..ne nartrn.nune n...
Packery Channel Phase
Description
Estimated
Construction
Cost
Phase 1
South Parking Lot
Restroom Facilities
Two restroom facilities at the South Parking Lot
at the beach seawall on Windward Drive. The
project will include separate men's and women's
facilities to include showers, toilets, changing
stations, outdoor seating area and native
landscaping. (Bid were received on January
28, 2009 and the project will go to City
Council on March 10, 2009 for award.)
$317,164
Phase 2
Parking and Overlooks
Design and construction of parking areas,
overlooks on the north side of the channel and
walkways on the north and south sides of the
channel.
$1,800,000
Phase 3
Restroom Facilities at
Packery Channel
Construction of a restroom on the north side of
Packery Channel having 3 toilet fixtures in the
men and women's restrooms and an adjacent
parking lot. Also includes turn - around and road
connector to Zahn Road, and a 6 inch sanitary
gravity sewer line from the restroom to a lift
station on Zahn Road. A similar size restroom
on the south side with a lift station near the
restroom will also be a part of the project.
$1,956,521
Phase 4
Ramps to Jetties
Construction of stairs and ADA ramp on the
north and south side of Packery Channel to
provide access from the beach to the restrooms,
overlooks and parking lots.
$258,622
Phase 5
Pavilion
Pavilion expansion on the north side restroom.
This will provide for the deck area around the
restroom and some sitting areas for visitors.
Construction will begin in FY 2012.
$877,500
Phase 6
Administration and
Maintenance Building
(Long-Range itenanc B Building
Construction of a 30' x 60' maintenance building,
a 20' x 20' administration building and a 100' x
1000' parking lot near the entrance to the
Channel lookout areas just south of
Zahn Road.
$666,893
—461—
H:WOME RachelleMEMPackery Channe03400 -Ph 2 Perking & OverlookslAgentla Backgrountl doc
PRIOR PROJECT ACTIONS
SUBJECT: Packery Channel Improvements, Phase 2 — Parking and Overlooks
Project No. 3400 / CIP No. 15
PRIOR COUNCIL ACTION:
1. December 16, 2008 - Ordinance approving the FY 2009 Capital Budget and Capital
Improvement Planning Guide in the amount of $163,391,300. (Ordinance No. 028006)
PRIOR ADMINISTRATIVE ACTION:
1. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05
Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non -
local).
2. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008-
05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non-
local).
3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008-
05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non -
local).
—462—
H]HOMEIRatlrelle \GEM Packen Channel \3400 -Ph 2 Parkin x nVArinnks1Prinr nninn. —
CONTRACT SUMMARY
1. SCOPE OF PROJECT: Packery Channel, Phase 2 — Parking and Overlooks
Project No. 3400 / CIP No. 15
This project includes improvements on the north and south sides of Packery Channel.
The north -side improvements include seven (7) overlooks, a new road to the overlooks
from the existing boat ramp, new parking areas (9 -foot wide parking spaces and 13 -foot
wide handicap parking spaces), required fill under the parking areas, and slope protection.
A 10 -foot wide walkway along the south side of the new parking lot (north side of the
Channel) will also be constructed as part of this project.
The south -side improvements will include a 10 -foot wide walkway along the top of the
south channel bank extending from the existing flood gate at the west end to the existing
jetty concrete cap at the east end.
2. SCOPE OF SERVICES
The A/E hereby agrees, at its own expense, to perform professional services necessary to
review and prepare plans, specifications, bid and contract documents. In addition, A/E will
provide monthly status updates (project progress or delays, gantt charts presented with
monthly invoices) and provide contract administration services, as described in Exhibit "A"
to complete the project.
3. SCHEDULE
DAY
DATE
ACTIVITY
Wednesday
February 11, 2009
Begin Design Phase
Monday
May 4, 2009
Pre -Final Design Submittal
Friday
May 15, 2009
City Review /COE Review
and Coordination
Monday
June 22, 2009
Final Design Submittal
Monday (2)
July 20 & 27, 2009
Advertise for Bids
Wednesday
July 29, 2009
Pre -Bid Conference
Wednesday
August 5, 2009
Receive Bids
Monday
October 5, 2009
Begin Construction
Wednesday
March 31, 2010
Construction Completion
—463—
H:\HOME\Rachelle \GEMPackery ChanneI3400 -Ph 2 Parking & Overlooka\Contract Sununary.Eoc
4. FEES
Fee for Basic Services
1. Preliminary Phase
N/A
2. Design Phase
$104,653
3. Bid Phase
$6,174
4. Construction Phase
$13,795
Subtotal Basic Services Fees
$124,622
Fee for Additional Services (Allowance)
1. Total Permitting
$5,600
2. Topographic Survey
$20,151
3. Environmental Issues
N/A
4. Construction Observation Services
TBD
5. Warranty Phase
$2,433
Subtotal Additional Services Fees
$28,184
Total Fee
$152,806
The estimated cost of construction for Packery Channel, Phase 2 — Parking and Overlooks
is $1,800,000. Therefore, the percentage of design cost to construction cost is 6.92 %.
—464—
H :U OMEViaN,ellnInPMPa kery fhnn.wnvnn_Pn, Path n
File : \ Mproject \councilexhibits \exh3400b.dwg
LOCATION MAP
NOT TO SCALE
N
0
1
i
TO CORPUS CHRISTI
000
PACKERY CHANNEL
PARKING LOT AND OVERLOOKS
VICINITY MAP
NOT TO SCALE
PROJECT # 3400
EXHIBIT "C"
PACKERY CHANNEL,
PHASE 2
4 66
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 1/05/2009
15
AGENDA MEMORANDUM
City Council Action Date: February 10, 2009
SUBJECT: Street Overlays (Bond 2008)
Project No. 6475 & 6480 / CIP No. ST 22
AGENDA ITEM:
A. Motion authorizing the City Manager or his designee to execute a Contract for
Professional Services with RVE Inc. of Corpus Christi, Texas, in the amount of
$549,830 for the Street Overlays Group 1 project for the following streets: (Bond 2008)
• Agnes from Crosstown to Port Avenue
• Laredo from Crosstown to Agnes
• Wood River from FM 624 to Guadalupe
• Wood River from Guadalupe to Beal
• Horne from Port Avenue to Greenwood
• Tarlton Street from Ayers to Crosstown
• Kostoryz Street from SPID to Holly
B. Motion authorizing the City Manager or his designee to execute a Contract for
Professional Services with Coym, Rehmet & Gutierrez Engineering, LP, of Corpus
Christi, Texas, in the amount of $552,210 for the Street Overlays Group 2 project for
the following streets: (Bond 2008)
• Glen Oak from Flour Bluff Drive to Waldron
• Hustlin' Hornet from Debra to Laguna Shores
• Whitecap from Park Road 22 to Gulf of Mexico
• Flato Road from Bear Lane to Bates
• Wooldridge Road from Quebec to Oso Parkway
• Yorktown from Waldron to Laguna Shores
ISSUE: A total of 13 streets throughout the City have been selected to be repaired using a
hot - mix - asphalt- concrete (HMAC) overlay. They will also receive asphalt surface milling,
base repairs where required, curb and gutter repairs, manhole and valve box adjustments,
traffic controls and new pavement markings. The streets were selected using the following
criteria:
> the existing Street Condition Index as determined by the Street Department;
> the current and projected traffic volume;
> project cost and lifecycle considerations to extend the streets' service life and ride
quality for an additional 10 to 12 years;
> existing drainage and curb and gutter conditions; and
> coordination with other City projects regarding traffic impacts and congestion.
FUNDING: Funding is available through a reimbursement resolution approved by the City
Council on November 18, 2008.
H :HOME 1Rochelle \GENtSireets\6475 8 6480- Street Overlays Bond' 08Vagenda.M4i5l9eenda Memo.doe
RECOMMENDATION: Staff recommends approval of the items as presented.
Pete Anaya, P.E.
Director of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "A -1" Prior Actions
Exhibit "B" Contract Summary
Exhibit "C" Location Maps
N: 1N0MEtRachellelGENlStreets1B47586480- Street Overlays Bond '08Ngenae hiserte A ends Mamo.doc
AGENDA BACKGROUND INFORMATION
SUBJECT: Street Overlays (Bond 2008)
Project No. 6475 & 6480 / CIP No. ST 22
PROJECT DESCRIPTION: A total of 13 streets throughout the City have been selected to
be repaired using a hot - mix - asphalt- concrete (HMAC) overlay. They will also receive
asphalt surface milling, base repairs where required, curb and gutter repairs, manhole and
valve box adjustments, traffic controls, new pavement markings and new ADA- compliant
curb ramps at required locations, as determined by the City and the consultant. All
improvements are located within the existing rights -of -way.
STREETS TO REPAIRED: The list of streets and consultants is as follows. Coym, Rehmet
& Gutierrez Engineering is the lead consultant on this project in order to expedite the
bidding and construction process.
RVE, Inc. — Group 1 Streets:
• Agnes from Crosstown to Port Avenue
• Laredo from Crosstown to Agnes
• Wood River from FM 624 to Guadalupe
• Wood River from Guadalupe to Beal
• Horne from Port Avenue to Greenwood
• Tarlton Street from Ayers to Crosstown
• Kostoryz Street from SPID to Holly
Coym, Rehmet & Gutierrez Engineering, LP — Group 2 Streets:
• Glen Oak from Flour Bluff Drive to Waldron
• Hustlin' Hornet from Debra to Laguna Shores
• Whitecap from Park Road 22 to Gulf of Mexico
• Flato Road from Bear Lane to Bates
• Wooldridge Road from Quebec to Oso Parkway
• Yorktown from Waldron to Laguna Shores
CONTRACT DESCRIPTION: Both consultants shall perform the following tasks:
PRELIMINARY PHASE
1. Perform field investigation as required to define specific areas of demolition and
new work along with the applicable parameters required to complete the Preliminary
Engineering Letter Report and construction drawings.
2. Attend and participate in project kickoff and planning meetings (3 meetings) with the
City staff to discuss planning and conceptual design.
3. Review available reports, record drawings, utility maps, aerial photographs and
other information provided by the City pertaining to the Project area.
EXHIBIT "A"
Page 1 of 5
H:WOMERat ellaIGEMStreets\647586480- Street Overlays Bond'08Ngenda MalptlsiAggene Background.doc
4. Coordinate with the aerial photography subcontractor (hired by the City) to
accomplish aerial mapping required to complete the project.
5. Furnish a scope of work for the geotechnical investigation /report and make
recommendations to the City regarding selection of a geotechnical consultant.
6. Topographic Survey (as authorized by Additional Services).
7. Coordinate with Texas Department of Transportation (TxDOT) regarding traffic
control, lane striping and construction methods concerning project streets that
intersect TxDOT right -of -ways.
8. Submit the Preliminary Engineering Letter Report to the City as one (1) package.
9. Prepare one (1) hard copy and one (1) electronic copy of the Preliminary
Engineering Letter Report including collected data, pavement and base repair
recommendations, surface and street preparations recommendations, typical street
cross - sections, ADA- related recommendations for each street, and a Preliminary
Opinion of Probable Cost.
10. Review Preliminary Engineering Letter Report with City staff, revise as necessary
and furnish one (1) hard copy and one (1) electronic copy of the Final Engineering
Letter Report.
11. No public meetings are included in the scope of work.
City Staff shall provide:
1. Record information, basemaps, GIS information (under separate contract) and other
information pertaining to the project area;
2. Aerial photo strip maps for each street at a scale of 1 " =40', and
3. Geotechnical report to include: soil borings, pavement cores and pavement design
recommendations.
DESIGN PHASE
1. Produce one (1) set of bid documents.
2. The following parameters apply to the proposed construction plans:
a) Modification of traffic signals and /or crosswalk signals are not included with
these plans;
b) Lanes striping shall be per the City's Urban Transportation Plan (UTP);
c) Any BIKE LANES shown on the construction plans were established per the
direction of the City.
3. Develop construction drawings in City standard format; however, sheets depicting
street work shall only include a plan view at a scale of 1 " =40'.
4. Prepare Opinions of Probable Construction Cost including contingencies.
5. Retain the services of a subconsultant ADA Specialist to assist in the design of
ADA - compliant curb ramps at required locations and work with the City's ADA
Specialist for approval of the proposed curb ramps (as authorized by Additional
Services).
6. Prepare Special Provisions, Specifications and Forms of Contracts and Bonds.
7. Submit Pre -Final Contract Documents & Construction Plans to the City for review
and comment. (NOTE: The City shall provide its own ADA Specialist and pay for
all TDLR fees, as necessary.)
H:WOME1Rachelle\GEMStrealsl6475 S 6480- Slreat Overlays Bond'08Wgenda Malfrlgllgenda Background doc
EXHIBIT "A"
Page 2 of 5
8. Submit Pre -final Construction Plans to TxDOT for review and comment (for streets
intersecting TxDOT right -of- ways).
9. Address comments received from the City and TxDOT.
10. Provide QA/QC final review and submit one (1) hard copy and one (1) electronic
copy of the final contract documents and drawings to the City for bidding purposes.
11. Update the Opinions of Probable Cost for each street.
BID PHASE
1. Bid Phase services shall include:
a) Participate in the Pre -Bid Conference and provide a recommended agenda for
critical construction activities and elements impacting the project;
b) Assist the City in solicitation of bids by identification of prospective bidders and
review of bids by solicited interests;
c) Review all Pre -Bid questions and submissions concerning the bid documents
and prepare for Engineering Services approval, in the City's format, any
addenda or other revisions necessary to inform Contractors of approved
changes prior to bidding;
d) Attend the bid opening, analyze and evaluate the bids, prepare bid tabulation
and make a recommendation concerning award of the Contract.
The City Staff will:
1) Arrange and pay for printing of all documents and addenda to be distributed to
prospective bidders;
2) Advertise the Project for bidding, maintain the list of prospective bidders, receive
and process deposits for all bid documents, issue (with the assistance of the A/E)
any addenda, prepare and supply bid tabulation forms;
3) Receive the Engineer's recommendation concerning bid evaluation and prepare
agenda materials for the City Council concerning bid awards;
4) Prepare, review and provide copies of the Contract for execution between the City
and the Contractor.
CONSTRUCTION PHASE
1. Construction Phase services shall include:
a) Participate in the Pre - Construction Conference and provide a recommended
agenda for critical construction activities and elements impacting the project;
b) Review shop drawings and product submittals for conformance to contract
documents;
c) Review field and laboratory tests;
d) Provide interpretations and clarifications of the contract documents for the
contractor and authorize required changes which do not affect the contractor's
price and are not contrary to the general interest of the City under the contract;
e) Provide a staff engineer for periodic construction observation. The staff
engineer will work in conjunction with the City Inspector and Contractor to
observe proof - rolling operations and delineate areas of necessary full -depth
pavement repair;
f) The Project Manager (PE) will make periodic visits to the Project to confer with
EXHIBIT "A"
Page 3 of 5
HAHOME\Rachelle\GEMStreets\6475 & 6480 - Street Overlays Bond 'O8Agenda M.yertrtAgendo Background.doc
the Contractor to observe the general progress and quality of work, and to
determine, in general, if the work is being done in accordance with the Contract
Documents;
g) Assist the City with preparation of change orders as authorized;
h) Coordinate with the City's RAS during construction;
i) Coordinate with TxDOT, as necessary;
j) Review curb replacement line and grade data provided by Contractor;
k) Make pre -final and final inspections with City Staff and provide the City with a
Certificate of Completion for the project;
I) Review construction "red line" drawings and use them to prepare Record
Drawings of the Project.
m) Conduct a one -year warranty inspection and submit a report to the City and
Contractor of defects in materials and workmanship required to be repaired
under the warranty provisions of the construction contract.
The City Staff will:
1) Designate an individual to have responsibility, authority, and control for coordinating
activities and provide inspection services for the construction phase;
2) Prepare change orders as required;
3) Receive and process applications /estimates for payments to contractor;
4) Conduct the pre -final and final acceptance inspections with the Engineer.
ADDITIONAL SERVICES
1.
2.
3.
4.
Topographic Survey
a) Research horizontal and vertical control;
b) Pre -plan control survey;
c) Set control points in the field;
d) Establish horizontal control on control points by GPS;
e) Topographic Survey including:
i. Field measurements necessary to identify existing lane widths, estimate
quantities for HMAC overlays, and curb and gutter repair;
ii. Locate and tie -in readily apparent existing valves and manholes;
iii. Detailed topographic survey of intersections requiring ADA improvements;
f) Set offset control for construction.
ADA Specialist (TDLR Registration): Retain the services of a subconsultant ADA
Specialist to assist in design of ADA - compliant curb ramps at required locations.
Construction Observation (10 -Month Duration)
Warranty Phase
PROJECT BACKGROUND: On Tuesday, November 4, 2008, the City of Corpus Christi
held an election to consider a number of ballot propositions to fund major capital
improvements for the community, Bond Issue 2008. The November 4, 2008 election was
held jointly with Nueces County and coincided with the Presidential Election.
The Bond Issue 2008 package includes $153 million in projects to be funded from ad
H:( HOMER achelle \GEMSlreets\647586480.Street Ovedays Bond'08Wgenda Ma .7l2rgenda Background.doc
EXHIBIT "A"
Page 4 of 5
valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and
Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The
proposed projects target the City's most immediate needs to improve existing physical
facilities, provide for growth, and protect the City's investment in its infrastructure.
EXHIBIT "A"
Page 5 of 5
H:IHOMEHachalla \GEMBIreets%6475 8 6460-Street Overlays Bend '081Agenda Maprirtkonda Background.doe
PRIOR PROJECT ACTIONS
SUBJECT: Street Overlays (Bond 2008)
Project No. 6475 & 6480 / CIP No. ST 22
PRIOR COUNCIL ACTION:
1. November 13, 2008 — Ordinance canvassing returns and declaring results of the
Special Election held on November 4, 2008 in the City of Corpus Christi for the
adoption of seven bond propositions and approval of a proposition to restrict vehicular
access to and on the portion of the Gulf of Mexico Beach seaward of the concrete
portion of the Padre Island Seawall. (Ordinance No. 027939)
2. November 18, 2008 - Resolution expressing official intent to reimburse costs of the
2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000
for improvements to Streets, Fire Department Facilities, Police Department Facilities,
Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development.
(Resolution No. 027950)
3. December 16, 2008 - Ordinance approving the FY 2009 Capital Budget and Capital
Improvement Planning Guide in the amount of $163,391,300. (Ordinance No. 028006)
PRIOR ADMINISTRATIVE ACTION:
1. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05
Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non -
local).
2. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008-
05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non -
local).
3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008-
05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non -
local).
—476—
H:IHOMERachelleMEMStreets16475 8 6480.Streel Overlays Bond'061Anenda MatnrinMPrinr Actions dne
CONTRACT SUMMARY FOR RVE INC.
1. SCOPE OF PROJECT : Street Overlays Group 1 — Bond 2008 (Project No. 6475)
The project provides for overlays to extend the current useful service life of the following
streets:
• Agnes from Crosstown to Port Avenue
• Laredo from Crosstown to Agnes
• Wood River from FM 624 to Guadalupe
• Wood River from Guadalupe to Beal
• Horne from Port Avenue to Greenwood
• Tarlton Street from Ayers to Crosstown
• Kostoryz Street from SPID to Holly
Construction improvements shall include new street overlays, new lane striping, curb and
gutter replacement as necessary, and new ADA- compliant curb ramps at required
locations, as determined by the City and the NE.
2. SCOPE OF SERVICES
The NE hereby agrees, at its own expense, to perform professional services necessary to
review and prepare plans, specifications, and bid and contract documents. In addition, NE
will provide monthly status updates (project progress or delays, gantt charts presented with
monthly invoices) and provide contract administration services, as described in Exhibit "A"
and "A -1 ", to complete the project.
3. SCHEDULE
ACTIVITY
DATE
Begin Preliminary Phase
Upon Receipt of Notice to Proceed
Submit Preliminary Engineering Letter
Report
Two (2) Months from Notice to Proceed
(contingent upon receipt of Geotechnical
Report)
Submit Final Engineering Letter Report
Two (2) Weeks after Receipt of Comments
Begin Design Phase
Upon Approval of Final Engineering Letter
Report
Submit Pre -Final Contract Docs &
Construction Plans
Two (2) Months after Approval of Final
Engineering Letter Report and receipt of
aerial photos from the City
Submit Final Contract Docs &
Construction Plans
Two (2) Weeks after Receipt of Comments
Pre -Bid Conference
Two (2) Weeks after Bid Advertisement
Project Bid Date
Four (4) Weeks after Bid Advertisement
Begin Construction
One (1) Month after Council Award
Complete Construction
Ten (10) Months after Begin Construction
H: IHOME\RachellelGEN151reets18475 8 6480- Street Overlays Bond'08Wgenda aandletr tract Summary.doc
4. FEES FOR RVE INC.
Fee for Basic Services
1. Preliminary Phase
$ 83,980
2. Design Phase
$ 177,180
3. Bid Phase
$ 5,000
4. Construction Phase
$ 78,180
Subtotal Basic Services Fees
$ 344,340
Fee for Additional Services (Allowance)
1. TDLR Registration
$ 8,100
2. Topographic Survey
$ 38,460
3. Construction Observation Services (10 Month Duration)
$ 156,300
4. Warranty Phase
$ 2,630
Sub -Total Additional Services Fees Authorized
$ 205,490
Total Authorized Fee
$ 549,830
The estimated cost of construction for the Street Overlays project Groups 1 and 2 is
$8,861,250. The estimated cost of construction for Group 1 is $4,430,625. Therefore, the
percentage of design cost to construction cost is 7.8%.
H1HOME\Rachella \GEMSIreels \$47586460- Street Overlays Bond 061Agenaa Idal4te nlracl Summary.doc
CONTRACT SUMMARY FOR CRG ENGINEERING, LP
1. SCOPE OF PROJECT : Street Overlays Group 2 — Bond 2008 (Project No. 6480)
The project provides for overlays to extend the current useful service life of the following
streets:
• Glen Oak from Flour Bluff Drive to Waldron
• Hustlin' Hornet from Debra to Laguna Shores
• Whitecap from Park Road 22 to Gulf of Mexico
• Flato Road from Bear Lane to Bates
• Wooldridge Road from Quebec to Oso Parkway
• Yorktown from Waldron to Laguna Shores
Construction improvements shall include new street overlays, new lane striping, curb and
gutter replacement as necessary, valve and manhole adjustments and new ADA- compliant
curb ramps at required locations, as determined by the City and the A/E.
2. SCOPE OF SERVICES
The A/E hereby agrees, at its own expense, to perform professional services necessary to
review and prepare plans, specifications, and bid and contract documents. In addition, A/E
will provide monthly status updates (project progress or delays, gantt charts presented with
monthly invoices) and provide contract administration services, as described in Exhibit "A"
and "A -1 ", to complete the project.
3. SCHEDULE
ACTIVITY
DATE
Begin Preliminary Phase
Upon Receipt of Notice to Proceed
Submit Preliminary Engineering Letter
Report
Two (2) Months from Notice to Proceed
(contingent upon receipt of Geotechnical
Report)
Submit Final Engineering Letter Report
Two (2) Weeks after Receipt of Comments
Begin Design Phase
Upon Approval of Final Engineering Letter
Report
Submit Pre -Final Contract Docs &
Construction Plans
Two (2) Months after Approval of Final
Engineering Letter Report and receipt of
aerial photos from the City
Submit Final Contract Docs &
Construction Plans
Two (2) Weeks after Receipt of Comments
Pre -Bid Conference
Two (2) Weeks after Bid Advertisement
Project Bid Date
Four (4) Weeks after Bid Advertisement
Begin Construction
One (1) Month after Council Award
Complete Construction
Ten (10) Months after Begin Construction
H: WOME\ Rachelle \GEN \Streets1847586480- Street Overlays Bond'08Wgencla Mb4rIst aatract SummeryEoc
4. FEES FOR COYM, REHMET & GUTIERREZ ENGINEERING, LP
Fee for Basic Services
1. Preliminary Phase
$72,335
2. Design Phase
$178,815
3. Bid Phase
$10,795
4. Construction Phase
$91,265
Subtotal Basic Services Fees
$353,210
Fee for Additional Services (Allowance)
1. TDLR Registration
$1,920
2. Topographic Survey
$42,190
3. Construction Observation Services (10 Month Duration)
$151,700
4. Warranty Phase
$3,190
Sub-Total Additional Services Fees Authorized
$199,000
Total Authorized Fee
$552,210
The estimated cost of construction for the Street Overlays project Groups 1 and 2 is
$8,861,250. The estimated cost of construction for Group 2 is $4,430,625. Therefore, the
percentage of design cost to construction cost is 8%. Coym, Rehmet & Gutierrez
Engineering is the lead consultant on this project in order to expedite the bidding and
construction process.
H: ROMEWaGreIle1GEMSVeetst6475 86400.Street Overlays Bond'O61Agenda Mah$IN omracl Summary .deo
\Mproject \councilexhibits \exh6475. dwg
PROJECT SITE
Wood River from 624
to Guadalupe
PROJECT SITE
Wood River from
Guadalupe to Seal
NILECES Ray
oS
PROJECT SITE
Laredo from Crosstown
to Agnes
0
PROJECT SITE
Agnes from Crosstown
to Port
CCIA
PROJECT SITE
Tarlton Street from
Ayers to Crosstown
CORPUS C7.RTSTI
Batt'
PROJECT SITE
Horne from Port
Avenue to Greenwood
PROJECT SITE
Kostoryz Street from
SPID to Holly
LOCATION MAP
NOT TO SCALE
CITY PROJECT It 6475
EXHIBIT 'C'
STREET OVERLAYS GROUP 1
BOND 2008
481
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 2
DATE: 1/79/2009
IMF
%•••••••
\Mproject \ councifexhibits \exh6480. d wg
SALEM BAY
CORPUS CST2IS2T B?l l
PROJECT SITE
Floto Rood from
Bear Lane to Bates
F.M. 43
raGvaca
MADRE
PROJECT SITE
Wooldridge Road from
Quebec to Oso Parkway
PROJECT SITE
Glen Ook from Flour Bluff
Drive to Waldron
CITY PROJECT # 6480
HITECAP
PROJECT SITE
Hustlin' Hornet from Debra
to Laguna Shores
PROJECT SITE
Yorktown from Waldron
to Laguna Shores
LOCATION MAP
NOT TO SCALE
PROJECT SITE
Whitecap from Park Road
22 to Gulf of Mexico
Gory O5'
MEXICO
EXHIBIT "C"
STREET OVERLAYS GROUP 2
BOND 2008
402
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 2 of 2
DATE: 1/19/2009
16
AGENDA MEMORANDUM
City Council Action Date: February 10, 2009
SUBJECT: Elevated Water Storage Tanks — City -Wide
Project No. 8651 / CIP No. 18
AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a
Contract for Professional Services with LNV, Inc. of Corpus Christi, Texas, in the amount of
$705,242 for the Elevated Water Storage Tanks — City -Wide project for design, bid and
construction phase services of three elevated water storage tanks.
ISSUE: This project will provide three elevated water storage tanks that will reduce
distribution operating costs and improve pressure and reliability. This project begins to
address the City's requirement for elevated water storage as per the Texas Commission on
Environmental Quality (TCEQ). These three new elevated tanks will be built in Pressure
Zones 1 and 2 to replace the existing elevated storage tanks which are inadequate in
height and approaching the end of their designed service lives.
FUNDING: Funding for this project will come from the FY '09 Water Capital Improvement
Program Budget.
RECOLtha NDAT - : Staff recommends approval of the item as presented.
Oir
Gustavo eonzalez
Director of Water Oper: ti.
Additional Support Material:
Exhibit "A" Background Information
Exhibit "A -1" Prior Actions
Exhibit "B" Contract Summary
Exhibit "C" Location Map
H:WOMELLYNDASkGEMWATERI8657 - Elevated Storage TankslAE AgendaUAem4Qjc5
Pete Anaya, P.E.
Director of Engineering Services
AGENDA BACKGROUND INFORMATION
SUBJECT: Elevated Water Storage Tanks — City -Wide
Project No. 8651 / CIP No. 18
AE CONTRACT DESCRIPTION:
This AE Contract will provide services for the completion of preliminary, design, bid and
construction phase work for three elevated water storage tanks. (See Contract Summary —
Exhibit "B ") Preliminary work will include performing site evaluations to determine the
specific locations for three elevated water storage tanks including hydraulic modeling and
property searches during preliminary design. Additional work will include performing
surveying and providing documentation to support the City's land acquisition effort. The
design effort will consist of designing three separate elevated water storage tanks for
Pressure Zones 1 and 2 including site development, associated piping, electrical,
instrumentation, and SCADA. All three tanks will be covered in a single Engineering
Letter Report and a single set of construction bid, contract documents, and plans will be
provided to include all three tanks. Construction Observation shall also be provided for a
single construction contract for all three tanks.
As per the contract with LVN, Inc. the cost breakout is as follows:
Elevated Water Storage Tanks
Preliminary Phase $ 55,000
Design Phase 160,000
Bid Phase 5,000
Construction Phase
1. Tank1 39,000
2. Tank 2 39,000
3. Tank 3 39,000
Basic Services Total: $337,000
Additional Services: $368,242
TOTAL FEE $705,242
The estimated cost of construction is $9,588,000. Therefore, the percentage of Basic
Services Cost to Construction Cost is 3.5 %.
u.wnruan vunnsrcaurumToo'aaw _ ne,.ereA w...a..e I' %AC
—486—
PROJECT DESCRIPTION:
The existing distribution pressures are maintained primarily by valves and pump stations.
This project will provide three 2.0 MG elevated water tanks that will reduce operating cost
and improve pressure and reliability. This is part of the City's master plan to achieve a city-
wide 55 pounds per square inch (psi) and address Texas Commission on Environmental
Quality (TCEQ) elevated storage requirement of a minimum of 35psi. The new tanks will
be approximately 170 linear feet tall and this project will eventually consist of a series of
tanks throughout the city to balance the pressures at the optimal levels.
The City currently has four (4) elevated water storage tanks totaling 3.5 MG of storage.
The age of the tanks range from 38 to 78 years old. These tanks have exceeded or are
approaching the ends of their design life making replacement with additional storage and
elevation paramount. Through the years, regulations have required back flow preventers
be installed at designated services which have introduced significant head loss at the point
of service thereby reducing the deliverable pressures by approx. 10 psi. Additional
elevated storage height is required to account for the additional back flow prevention head
loss and to provide a buffer for pressure fluctuations in order to stay well above the TCEQ
minimum pressure requirement of 35 psi. The TCEQ requirement for elevated storage is
100 gallons per connection. The City currently has approximately 100,000 connections
which equates to 10 MG of required elevated storage capacity. The construction of these
three tanks, in addition to the Padre Island tank, would account for approximately 7.5 MG
moving the total elevated storage to approximately 75% of the current TCEQ requirements.
Work for future elevated storage tanks to fully comply with 100% of the TCEQ
requirements are programmed in the City's Long Range Water CIP for later years.
AE CONTRACT TASKS:
BASIC SERVICES
1. Preliminary Phase
It is the intent of the Preliminary Phase to provide a single Engineering Letter Report
that identifies project scope with economic and technical evaluation of alternatives
for all three tanks. The Engineering Letter Report shall include the following items in
addition to those described in Exhibit B:
• Siting Evaluation and Recommendations.
• Tank Sizing and Elevations.
• Hydraulic Modeling Evaluation Results.
• Connections to Distribution System.
• Transmission Main Improvements.
• Water Quality: Disinfection Boost vs. Hydrodynamic Mixing.
—487—
H:\HOME\LVNDAS \GEN \WATEH\8651 - Elevated Storage Tanks \AE Agenda \Background.doe
• Coordination with City and Telecommunication Companies regarding
antennae needs (WiFi, WiMax, cellular franchises, City Emergency Services,
SCADA).
• Site Security (gate, fencing, card readers, cameras).
• Site Development (access road, drainage, landscaping, wastewater).
• Study Potential Use of Bottom Floor of Tank Pedestal as Office Space.
• Corrosion Protection (coatings and steel thickness only for tanks).
• Federal Aviation Administration Coordination for Runway Clearance and
Obstruction Lighting.
• Control Strategies for Pumps/Tanks.
There will be a Draft and Final submittal of the Engineering Letter Report.
2. Design Phase
Design Phase shall proceed upon approval of the Engineering Letter Report with
the preparation of a single set of Construction Bid, Contract Documents, and Plans
to include all three tanks. Design Phase shall include the following items in addition
to those described in Exhibit B:
• The Bid Proposal shall be prepared with the Flour Bluff Tank (in Pressure
Zone No. 2) as an Additive Alternative Bid item and the two tanks in
Pressure Zone No. 1 as Base Bid items.
• City Plan Review shall take place at the Interim and Pre - Final.
• A Design Workshop shall be conducted to collect City review comments at
the Interim plan submittal.
• The Pre -Final plan review shall follow conventional means of submittal of
one (1) hard copy and one (1) electronic copy (.pdf) of plans and Bid and
Contract Documents for City Distribution and incorporation of City comments
after a 14 day review period.
• The design shall be limited to 300 linear feet of transmission main per tank.
3. Bid Phase
Bid Phase shall proceed upon approval of the Construction Bid, Contract
Documents, and Plans. There shall be a single Bid with the two tanks in Pressure
Zone No. 1 as Base Bid items and Flour Bluff Tank (in Pressure Zone No. 2) as an
Additive Alternative Bid item. The Bid Phase shall include the following items in
addition to those described in Exhibit B:
• Assist the City by providing Bid Qualifications based on contractor
experience and tank design.
• Evaluate the Base Bid and Additive Alternative Bid Items and provide a
recommendation Letter to the City Engineer.
—488—
H :HOME LYNDAS\GEMWATER\8651 - Elevated Simone TankstAF Anentia \Rarknrnenti tine
4. Construction Phase
Construction Phase shall proceed upon award and execution of the construction
contract. The level of effort provided by this contract is based on providing
Construction Phase services on a single construction contract for up to 3 tanks.
The Construction Phase shall include the following items in addition to those
described in Exhibit B; and is limited to a construction time of 85 weeks.
ADDITIONAL SERVICES
1. Permitting
Upon completion of the Preliminary Design Phase and the Phase 1 Environmental
Site Assessments the permitting process will commence. Permits will be obtained
from the proper resource agencies in advance of land acquisition and /or
construction activities as required.
2. Right -of Way Acquisition Survey
Upon completion of Preliminary Design and subsequent site selection, rights of
entry and surveying shall proceed to prepare metes and bounds descriptions and
exhibits for the proposed tank site properties. The Right -of -Wary survey
documentation shall be submitted to the City for land acquisition and or utility
easement execution.
3. Topographic Survey
Upon completion of Preliminary Design and subsequent site selection and land
acquisition, topographic surveys shall be performed at all three tank locations to
begin plan preparation.
4. Environmental Issues
Upon completion of the Preliminary Design Phase, Phase 1 Environmental Site
Assessments shall be performed at each of the three proposed tank locations
consisting of records review, site visits, determination of environmental concerns,
and permit identification.
5. Construction Observation Services
The level of effort provided by this contract is based on providing Construction
Observation services on a single construction contract for up to 3 tanks. The
Construction Phase is based on the following in addition to those described in
Exhibit B:
Fees are based on 20 hrs a week for 85 weeks.
—489—
H:W OMEILYNDASIGErAWATER18651 - Elevated Storage Tanks\AE AgendalBaekground.doc
6. Start-Up Services
Start-Up services include start-up procedure review and time spent at the site
witnessing proper operation of equipment and systems at the tank site such as:
• Security System
• Pressure transmitters
• Altitude valve
• Tank Level instrument
• Hydrodynamic mixing system or disinfection boost system
• Hydrostatic testing of tank
• Verify that Control Strategy is implemented and working properly
7. Warranty Phase
Coordinate with the Contractor and City to have all deficiencies identified during the
warranty inspection corrected.
8. Provide SCADA Documentation
The following shall be provided:
• PLC I/O assignment update
• P &ID's
• Loop circuit diagrams
• Instrument Index
• Instrument data sheets
• Equipment Index
• Equipment data sheets
• Electrical One -Line and Motor Control Schematics
9. Siting Evaluation and Recommendations —
Investigate potential tank sites with several criteria in mind such as access,
security, adjacent development, soils, hydraulic connectivity, communication
needs, fall zone, drainage, and property cost. Site evaluation findings and
recommendations shall be provided in the Engineering Letter Report.
10. Pressure and Water Age Evaluation
Evaluate the potential tank sites, connections, and control strategies by
modeling the effects on the entire distribution system. Confirm that master plan
system performance criteria and overall goals are met and document with
modeling output such as distribution system pressure and water age maps.
Evaluation findings and recommendations shall be provided in the Engineering
Letter Report.
—490—
H: \HOMEILYNDASIGEN \WATER18651 - Elevated Storage Tanks WE Aoenda \Backeround.Eoc
PRIOR ACTIONS
SUBJECT: Elevated Water Storage Tanks — City -Wide
Project No. 8651 / CIP No. 18
PRIOR COUNCIL ACTION:
1. November 18, 2008 - Resolution expressing official intent to reimburse costs of the
2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000
for improvements to Streets, Fire Department Facilities, Police Department Facilities,
Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development.
(Resolution No. 027950)
2. December 16, 2008 - Ordinance approving the FY 2009 Capital Budget and Capital
Improvement Planning Guide in the amount of $163,391,300. (Ordinance No. 028006)
PRIOR ADMINISTRATIVE ACTION:
1. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05
Bond Issue 2008 Projects to 206 engineering firms (86 local and 120 non - local).
2. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008-
05 Bond Issue 2008 Projects to 206 engineering firms (86 local and 120 non - local).
3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008-
05 Bond Issue 2008 Projects to 206 engineering firms (86 local and 120 non - local)
—491 -
H:UIOME\LVNDAS\GEMWATER \8651 - Elevated Storage Tanks1AE Agenda A-1 Prior Actione.,loc
CONTRACT SUMMARY
1. SCOPE OF PROJECT (Elevated Water Storage Tanks — City-Wide, Project No.
8651)
Perform siting evaluations to determine the locations for three elevated water storage tanks
including hydraulic modeling and property searches during preliminary design. Perform
surveying and provide documentation to support the City's land acquisition effort. Design
three separate elevated water storage tanks for Pressure Zones 1 and 2 including site
development, associated piping, electrical, and instrumentation. This project will provide
three elevated storage tanks that will reduce distribution operating costs and improve
pressure and reliability. This project will also move the City closer to the Texas Commission
on Environmental Quality (TCEQ) elevated storage requirement. These three new elevated
tanks will be built in Pressure Zones 1 and 2 to replace the existing elevated storage tanks
that are approaching the end of their design lives and are inadequate in height. All three
tanks will be covered in a single Design Memorandum and a single set of construction bid
and contract documents will be provided.
2. SCOPE OF SERVICES
The A/E hereby agrees, at its own expense, to perform professional services necessary to
review and prepare plans, specifications, and bid and contract documents. In addition, A/E
will provide monthly status updates (project progress or delays, gantt charts presented with
monthly invoices) and provide contract administration services, as described in Exhibit "A"
to complete the project.
3. SCHEDULE
PROPOSED PROJECT SCHEDULE
ACTIVITY
DATE
Draft Contract to City
January 20, 2009
Contract to City Council
February 10, 2009
Begin Design Memo
February 17, 2009
Submit Draft Design Memo
June 2009
Submit Final Design Memo
July 2009
Begin Design Phase
August 2009
60% Submittal
November 2009
100% Submittal
January 2010
Final Submittal
February 2010
Advertise for Bids (2)
March 2010
Pre -Bid Meeting
March 2010
Receive Bids
April 2010
Award Contract
May 2010
Begin Construction
July 2010
End Construction
March 2012
—492—
N:W OMMLYNOASMEN\WATFRIPR51 . Flaaalod Slmmno TanketAE Anantalfnnl.aN Cummary n„.
3. FEES
A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all
"Basic Services" authorized as per the table below. The fees for Basic Services will
not exceed those identified and will be full and total compensation for all services
outlined in Section I.A.1 -4 above, and for all expenses incurred in performing these
services. For services provided in Section I.A.1 -4, NE will submit monthly
statements for basic services rendered. In Section I.A.1 -3, the statement will be
based upon NE's estimate (and City Concurrence) of the proportion of the total
services actually completed at the time of billing. For services provided in Section
I.A.4, the statement will be based upon the percent of completion of the construction
contract. City will make prompt monthly payments in response to NE's monthly
statements.
B. Fee for Additional Services. For services authorized by the Director of
Engineering Services under Section I.B. "Additional Services" the City will pay the
A/E a not -to- exceed fee as per the table below:
C. Summary of Fees
Fee for Basic Services
1. Preliminary Phase
$55,000
2. Design Phase
$160,000
3. Bid Phase
$5,000
4. Construction Phase (construction time 85 weeks)
1. Tank 1
2. Tank 2
3. Tank 3
$39,000
$39,000
$39,000
Subtotal Basic Services Fees (Authorized)
$337,000
Fee for Additional Services (Allowance)
1. Permit Preparation (as applicable)
Railroads
TxDOT
Wetlands Delineation and Permit (USACE)
Temporary Discharge Permit
NPDES Permit/Amendments
TCEQ
Nueces County
Texas Historical Commission
U.S. Fish and Wildlife Service
U.S. Army Corps of Engineers
U.S. Environmental Protection Agency
Texas Department of License and Regulation
Total Permitting
$29,998
2. ROW Acquisition Survey
$18,038
3. Topographic Survey
$21,024
4. Environmental Issues
$23,996
5. Construction Observation Services (85 weeks)
A. Tank 1
$47,000
—493—
H: \HOME \LYNDAS \GEN \WATER\8651 - Elevated Storage TenkaNE Agenda \Contract Summary.doc
B. Tank 2
C. Tank 3
$47,000
$47,000
6. Start-up Services
A. Tank 1
$5,978
B. Tank 2
$5,806
C. Tank 3
$5,806
7. Warranty Phase
A. Tank 1
$3,147
B. Tank 2
$2,972
C. Tank 3
$2,904
8. Provide SCADA Documentation
A. Tank 1
$2,521
B. Tank 2
$2,521
C. Tank 3
$2,521
9. Siting Evaluation & Recommendation
$59,970
10. Pressure and Water Age Evaluation
$40,040
Sub -Total Additional Services
$368,242
Sub -Total Basic Services (Authorized)
$337,000
Sub -Total Additional Services
$368,242
Total Fee
$705,242
The estimated cost of construction for the Elevated Water Storage Tanks is $9,588,000.
Therefore, the percentage of design cost to construction cost is 3.5%.
—494—
N:INOMELLYNDAS \GEN \WATEft\8651 - Elevated Storage Tanks AE Agenda \Contract Summery.doc
\Mproject \councilexhibits \exh8651. dwg
do
y�J�O
Q CORPUS
cxRTS1t
BAY
I 2 ELEVATED TANKS
Pressure Zone 1
Bose Bid
114 2444
PROJECT # 8651
ELEVATED TANK
Flour Bluff Tank
Additive Alternate Bid
LOCATION MAP
NOT TO SCALE
CJucY Og
!M CO
EXHIBIT "C"
ELEVATED WATER STORAGE TANKS -
CITY -WIDE
40
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 1/26/2009
17
AGENDA MEMORANDUM
City Council Action Date: February 10, 2009
SUBJECT: Till Creek Drainage Basin Improvements, Phase 2
Project No. 2270 / CIP No. SW 27
AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a
construction contract with H &G Contractors of Corpus Christi, Texas, in the amount of
$211,425.10 for the Till Creek Drainage Basin (Douglas Subdivision Area) Improvements
Project, Phase 2.
ISSUE: This is a multi - phased project to address flooding between Suntide Road and
Tuloso Road and Leopard Street and IH -37. Development in the area exceeds the capacity
of the existing drainage systems and results in frequent flooding. This phase will provide
new storm water inlets at the Suntide and Barrogate intersections with a new underground
trunk main routed further downstream in Till Creek Ditch. There will also be constructed a
new drainage swale from Leopard Street to the lots on the south side of Barrogate.
FUNDING: Funding for this project will come from the Storm Water Capital Improvement
Budget FY 2009.
RECOMMENDATION: Staff recommends approval of the motion as presented.
Val -`e Gray, P.
Pete Anaya, P.E.
Director of Storm Water Services Director of Engineering Services
j949
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Bid Tabulation
Exhibit "C" Project Budget
Exhibit "D" Location Map
H:\ HOME \Rochelle \GEHNreinage\2270.Till Creek Ph 21ConstruclioreAgenda Memo.dac
—499—
AGENDA BACKGROUND INFORMATION
SUBJECT: Till Creek Drainage Basin Improvements, Phase 2
Project No. 2270 / CIP No. SW 27
PROJECT DESCRIPTION: The proposed project consists of the construction of 1,518 LF
of 42" reinforced concrete pipe (RCP), 72 LF of 18" RCP, 275 LF of 15" RCP, associated
manholes and inlets, 710 LF of drainage swaie excavation, and asphalt pavement repair in
the Till Creek Drainage Basin (near Suntide Road and Bearden Drive).
BID INFORMATION: On December 19, 2008, the City received proposals from 16 bidders
(see Exhibit "B" Bid Tabulation). The bids ranged from $211,425.10 to $574,524.47. The
estimated cost of construction is $411,450. The project consisted of a base bid with four
parts as follows:
> Base Bid Part "A ": Drainage Swale Items
> Base Bid Part "B ": Suntide Drainage Improvement Items
> Base Bid Part "C ": Till Creek Drainage Improvement Items
> Base Bid Part "D ": South Maintenance Road
The bids were evaluated based on the Total Base Bid (the total of Base Bid Items "A ", "B ",
"C" and "D "), subject to the availability of funds.
The City staff and the consultants, Thompson Engineering and Bass & Welsh Engineering,
recommend that the contract be awarded to H &G Contractors of Corpus Christi in the
amount of $211,425.10 for the total base bid for the Till Creek Drainage Basin
Improvements, Phase 2.
CONTRACT TERMS: The total project duration is 180 calendar days, with completion
anticipated in August 2009.
PROJECT BACKGROUND: This is the second phase of a multi - phased project to
address flooding between Suntide Road and Tuloso Road and Leopard Street and IH -37.
This phase will provide new storm water inlets at the Suntide and Barrogate, intersections
with a new underground trunk main routed further downstream in Till Creek Ditch. A total of
three parcels are needed for the Till Creek Drainage Improvement project. The City's Land
Acquisition division of Engineering Services acquired parcel one in September2008 and is
currently in negotiations to acquire the easement for parcel two. A Petition for
Condemnation has been filed by the City at the Nueces County Courthouse for parcel
three, with a hearing and acquisition expected within 30 days.
—500 -
H:\ HOME\Rachelle\GEN\Drainage\2270 -Till Creek Ph 2 \Construclion\Pgende Backaround.oc
PRIOR COUNCIL ACTION:
1. December 16, 2008 - Ordinance approving the FY 2009 Capital Budget and Capital
Improvement Planning Guide in the amount of $163,391,300. (Ordinance No. 028006)
PRIOR ADMINISTRATIVE ACTION:
1. June 19, 2006 — Administrative approval of a Small NE Agreement for
Architect/Engineer Consultant Services with Thompson Engineering in the amount of
$10,000 for a drainage study and report entitled Till Creek Drainage Area
Improvements (Project No. 2266).
2. February 11, 2007 - Administrative approval of Amendment No. 1 to the Small A/E
Agreement with Thompson Engineering (using Bass & Welsh Engineering as a sub -
consultant) in the amount of $15,000 for a total restated fee of $25,000 to prepare bid
documents for the Till Creek Drainage Area Improvements (Project No. 2266).
3. March 27, 2008 - Administrative approval of Amendment No. 2 to the Small NE
Agreement with Thompson Engineering (using Bass & Welsh Engineering as a sub -
consultant) in the amount of $9,500 for a total restated fee of $34,500 for the Till Creek
Drainage Area Improvements to include Phase 2, Rolling Acres (Project No. 2270).
—501—
H:HOMERacheIIe1GEN10relnage12270 -Till Creek Ph 21ConstruclionlAgencla Backgrouno.00c
8
K
a
z
co 0
CO 0
U.
O �
O U
it 0
Z
CO Ill
rz
o
w c
LL
O
z - a
z g
0
U
c LL
a.
W y !
O n h
0
0
N
O
C
0
C
W
C
W
O
0
0
0
O
ui
d
0
a R
a
a
0
m E
o
m
o
1 EXHIBIT "13'' 1
o....., x.519
{V
U
d
Q
f
N
O C
O C
0 C
0 t
b
•1,(00.00
i2 ann nn
) O
) O
i o
1 b
) —
cif
1 N
C
c
Y
C
b
11.10 srs
) O
) O
1 O
) Q
1 b)
O
O
10)_
49
O
O
n
49
O
O
p
0 0
44
W
0
a
z
O
O
n
IA
o
r
w
O O
0 0
0 0
00
N
b)
0
o
0
w
O
o
o
M
49
O
'0
n
w
O
o
O
.
w
C
x
IC
w
$ 2,000.00
ENGIN
l Haas- Anderson
1401 Holly Road
Corpus Christi, TX 78417
TOTAL PRICE
0
0
'0
<
e.
09
49 inn nn
0
O
O
! 'q
N
b3
0
N
N
M
N
N
0
O
n
a
by
315.450.00f
Ip
co co
L
w
0
O
w
00
o
0
N
69
0
O
A
a
UNIT PRICE
o
0
O
w
3 240e nn
0
0
0
N
69
0
0
—
CO
IS 5150.00 f
$ 109.00
$ 1,250.00
$ 60.00f
0
o
0
3-
4W
TOTAL PRICE
o
0
o
N
$150.001
°o
O
n
M0
o
0
m
N
N
00
6
m
n0
$11,250.00
0
0
o
co
W
0o
N
n
M
O
co
N
9
0
O
N
f9
UNIT PRICE
$
12.80
o
O
b)
0
O
n
by
$ 2,550.00
0
O
n
M
69
$ 35.00 1
O
to
n
w
O
o
o
69
0
O
in
CV
w
ntractors
x 10706
sti, TX 78460
TOTAL PRICE
0
ea
69
0
of
69
O
ai
w
N
ei
W
R.
w
0
o
o
N
w
O
w
9
m
o
w
9
e.
n
9
o
w
W
a'
O.
2
2
7
1$ 10.75
o
9
CO
v
,-
49
0
O
M
—
b)
$ 2,500.001
N
0
m
N
69
1$ 37.40 1
0
0))
N
19
b>
2
u.
J
J
J
W
Q
W
a
W
N
-4
0
}}�
0
TZ
.-
r
M
M
V
0
0
Y
:REEK DRAINAGE BASIN IMPROVEMENT:
(Project No. 2270)
DESCRIPTION
ID "A ": Drainage Swale Items
Construct proposed drainage swale, in
accordance with the specifications, complete
and in place per linear foot
tuns dwnll
fad amid ul pue alaldwoo 'suopeoypads
Ow wWM 901Jewoo3e 111 'miwm 00is017
N
n
8
N
y5
F. c
62
8d
n
.°7
§S E
L C
- qo
A U j
0.8 _ 0
J
SUB -TOTAL FOR BID "A"
ID "B": Suntide Drainage Improvement Iten
3x4 Post Inlet, in accordance with the
specifications, complete and in place per
each
Type B Manhole, in accordance with the
specifications, complete and in place per
each
18" RCP Culvert, in accordance with the
specifications, complete and in place per
each
1 w tuns dwr
Jad d u a gpads
aql
gum aouepjoo0e ul 'wei0 01 ova apei6a
phalt Repair, in accordance with the
specifications, complete and in place per
square yard
Traffic Control, in accordance with the
specifications, complete and in place per
lump sum
lil..
r
a
N
a
M
a
r
m
02—
N
m
M
m
It
0
lA
m
1 EXHIBIT "13'' 1
o....., x.519
co
1-
re
U
co
7
a
z
co 0
O
E 0
0
Q
OV
F 0
7.
m W
1- z
0
z
W
LL
O
2
W
Q
a
w
0
1 Big State Excavation II
o
o
oo
o
o
oo
Yi
19
0
o
00
m
0
O
m
b
N
$147,246.00
$1.000.00
0
o
00
W
$1,350.00
0
0
00
co
49
0
0
00
O
'
H
0
o
00
O
'
M
0
O
m
N
H
$1,800.001
0
o
oo
W
69
0
0
b
N
M
$1,000.00
$ 600.00
0
W
o
l'1
W
0
0
O
w
$ 1,000.00
0
0
M
w
$ 75.00
$ 3,500.00
0
0
69
0
0
69
$ 58.00
$ 1,800.00
9
0
69
9
O
w
O
0
r
69
Haas - Anderson
O
o
O
O
O
NM
O
o
a0
o
19
0
O
O
N
N
W
O
9
O
N
co
N
N
$180,642.00
O
O
lA
0
m
f9
O
O
O
Y1
O
�-
*
Yi
43
O
O
N
0
O)
f9
O
O
O
O
O)
f9
O
O
O
O
O
69
$1,250.00
O
9
o
N
r
69
O
O
O
0
0)
W
O
O
O
0
O
19
O
O
N
r
O
co
O
O
O
N
W
F9
$ 2,400.00
$ 2.00
$ 250.00
o
Oi
r
w
o 0
IA
co -
69
9
0
m
N
w
0
Oi
O
69
O
01
r
w
00'000'6 $
o
O
N
r
w
`$ 60.00
O
0
O)
r
W
$ 3,400.00
F$ 2.00
$ 850.00
6
01
o
o
O
N
h
f9
O
W
N
P.
W
$4,000.00
S
O
N
O)
0
w
0
9
Ol
M
N
f0
w
0
0
O
O
N
W
0
0
O
0
r
6
w
0
o
O
M
co
W
0
O
O
co
O
W
69
0
0
O
O
W
0
0
6
ID
N
w
0
o
6
N
r-
f9
0
O
6
N
0
O
O
V
W
0
0
N
O)
0))
W
$1,000.00
$ 550.00
$ 3.25
$ 4,000.00
$ 110.50
0
o
O
N
o
6
O
N
69
$ 35.00
$ 2,550.00
00
6
O
O!
69
$ 250.00
$ 60.00
$ 1,150.00
$ 400.00
$ 3.25
$ 1,000.00
HMG Contractors
O
O
N
N
19
O
h
N_
0
N
10
m
w
O
N
V
O
N
N
w
O
O
1N
un
'Q
N
0
rW
O
9
N
N
19
O
O
O
Cr_
N
N
19
O
r
N
ID
)9
O
O
Yi
M
01
69
O
O
0
O
N
H
00'006'1$
O
co
0)
N
M
W
O
O
00
Ol
N
H
O
O
N
0))
M
$1,152.00
N
!-
V
VI
W
8
lV
n
r
69
$ 2.25
$ 556.50
$ 67.50
$ 1,275.00
$ 3,202.00
$ 30.15
$ 2,325.00
00
O
o
6
69
F$ 1,900.00
$ 52.90
00
0
rn
N
69
°O
N
m
r
69
O
9
N
V
W
69
JBASE BID "B ": CONTINUED
J
J
CO
ID "C ": Till Creek Drainage Improvements Items
J
Q
Q
W J
J
J
N
J
J
J
J
.-
.-
10
n
r
r- r
r
r
cm
co
r
r
0
n
r
Erosion Control, in accordance with the
specifications, complete and in place per
lump sum
Trench Safety, in accordance with the
specifications, complete and in place per
linear foot
Seeding, in accordance with the
specifications, complete and in place per
lump sum
SUB -TOTAL FOR BID "B"
!42" Drainage Culvert, in accordance with the
'specifications, complete and in place per
linear foot
42" Plug, in accordance with the
specifications, complete and in place per
each
Type B Manhole, in accordance with the
specifications, complete and in place per
each
18" RCP Culvert, in accordance with the
specifications, complete and in place per
linear foot
3'x4' Post Inlet, in accordance with the
specifications, complete and in place per
each
Headwall /Channel Outfall, in accordance
with the specifications, complete and in place
per lump sum
'Regrade Ditch to Drain, in accordance with
the specifications, complete and in place per
lump sum
Asphalt Repair, in accordance with the
specifications, complete and in place per
square yard
Traffic Control, in accordance with the
specifications, complete and in place per
lump sum
Erosion Control, in accordance with the
specifications, complete and in place per
lump sum
Trench Safety, in accordance with the
specifications, complete and in place per,
linear foot
Seeding, in accordance with the
specifications, complete and in place per
lump sum
NI
m
aD
0
Oi
0
0
N
6
co. O N
"�n�; 0
W
6
r
0
co
N
•0
eN-
cvuia
IT "B"
Page 2 of 12
QxN
W
F
f
co
a
re
N • 0
_
m
o
O • V
F0
Z
m w
f Z
z
W
a
0
z
W
I-
re
a
Page 3 of 12
G:.. ChM C.. 0
C
D
ca
ac
°o
o
o 1°n
-
w
00
O
A o
w
00
m
1-
N
w
0
°
o c
O c
0 c
o U
UV UUU,'
"n nnn'nen
' °
0
i O
i 0
> N
w
C
ii
j
co
k
W
a
p
CI
o
N
O
iA
°
q
to.
V
w
°
o
•N-
M
al
°
q
0
N
w
0
0
CO
co
nq
<
4
T
1 q
O O
0 0
m
q
°
0
n
q
o
0
q
O
o
q
Haas - Anderson
0
O
CO
t0
O
W
o
o
le
O
o
Of
N
N
N
q
o
0
N
01
N
W
o
0
0
n
l7
q
0
0
o
N
0
0
2 A
A
N
e
C
Q
R
0
0
CO
M
N
q
0
0
co
CO
a
0
o
N
N
N
o
0
b
A
N
* $321,150.00[
$ 6.00
O
o
69
$ 47.00
N
n
q
O
o
w
o
N
01
n
o
o
W
O
(0
ID.
N
q
O
N.
N
r.
q
o
0
w
r
q
O
N
N
W
O
N
-
N
q
King Isles _ d
2
m
at
--
q
N
o
A
M
q
O
w
CO
co
N
w
$21,125.001
0)
VD
o
-
w
$ 45.00
$ 15.00_
0
0
N
N
69
IH&G Contractors
o
O
0
O
o
q
O
2
0
q
w
N
(0
y
w
w
w
w
N
co
q
O
0
o
O
O
q
O
0
r
N
q
N
A
e
CO
O
w
H&G Contractors
O
w
6
b
0)
w
O
w
a OD
0
N
w
to
N
m
•e
N
CO
q
to
A
0
CO
co
w
N
w
69
ovo $i
1$ 23.35
0
O
m
w
t0
M
q
0 U.
J
LL
y
LL
U-
N
O�_
0
w
N
N 0
O
co
to
BID "C ": CONTINUED
Limestone Surface Repair, 4 thick, in
accordance with the specifications complete
and in place per square yard
DewateringlWell Pointing, in accordance
with Special Provisions, complete and in
place per linear foot
ID "D ": South Maintenance Road
15 RCP, in accordance win the
specifications, complete and in place per
linear foot
Concrete unveway & Walk 6" Thick, in
accordance with the specifications, complete
and in place per square foot
Concrete rlating for Headwall & Endwail for
15" RCP, 6" Thick, in accordance with the
specifications, complete and in place per
square foot
SUB -TOTAL FOR BID "D"
SUBTOTAL "A"
SUBTOTAL "B"
SUBTOTAL "C"
SUBTOTAL "0"
U U
5
N
O
el
O
_�
L
a
-p C
a
>i L
0) -
00
N
co N,-
O N
C
a c
la
U
L a)
C =
O
C
C j
O t
« w
E
g 8
.c
ca
10 r
0) C
y
Uq c o
« o
E 2 E
co
N
CO `)
L L y
17,
to u E
O • N
N N
L O N
o
N
1 EXHIBIT tB"
l L A /1
J
OU
i0
z
m43 K
Q z
F z
0
z
W
0
0
h
z
W
W no
o u
L
N
0
yC
W
C
Ot
li
W
O
O
Y
2
O
W
LL
R 00
N
.
-
6
m E
o
o
a
5
7 OI
1" O
Sendero Industries, LLC
6814 Thomwall
Houston, TX 77092
TOTAL PRICE II
S
O
t?
N�
o 0
S
P
n
W
0
S
N.
N
N
O
0
O
W
N
o
O
0
W
o
O
0
N
W
0
0
N
0
NW
O
0
O
A
(9
O
0
t0
h
W
O
0
0
O t'1
W
UNIT PRICE
0
CO
w
1$ 5,400.00
$ 2,200.00
$ 3,000.001
$ 4,000.00
$ 48.00
$ 740.00
$ 32.00
0
00
0
w
J. Carroll Weaver, Inc.
P.O. Box 1361
Sinton, TX 78387
TOTAL PRICE
09
0
0
V
to
00
S
O
N
W
00
0
S
41;
0
0
0
q
N
tp
N
00
b
p
N
$10,500.00
°o
N
r
o,
W
0
1
C
(9
°0
o
(O
W
0
0
ca
0
O
N
UNIT PRICE
9
Ot
.-
no
$ 2,000.00
$ 1,100.00
o
O
o
N
0
on
$ 3,500.001
$ 180.00
o
O
o
N
m
to
0
N
a
to
$ 1,000.00
Reese Contracting, Inc.
2614 Grisson Road
San Antonio, TX 78251
TOTAL PRICE
$11,360.00
°O
o
N
(9
00
N
0,
'9
00
o
1�
M
$11,400.00
00
0a
V
W
00
a01
m
p
(9
00
oa
0,
(9
00
n
N
Y!
00
N
N
W
0
K
a
1-
z
p
$ 16.00
$ 2,500.00
$ 3,200.00
$ 3,800.00
$ 4,800.00
00'06
o
6
ao
1•i
(9
S
6
co
69
0
0
o
00
N
w
TOTAL PRICE
0
0
IA
e
n
I9
0
0
o
'41
N
0
0
6
u01
(9
0
0
ui
a
N
N
0
0
6
00
Oi
M
0
0
6
n
0
H
0
0
0
-
N
(9
0
0
6
0
N
19
0
0
0
rn
H
0
0
0
0
(9
RS Parker C
455 Here(
Corpus Chit
W
U
Z
a
1-
Z
Z
0
69
$ 500.00
0 o
6
N
EA
0
o
O
ai
69
0
ton
N
1c
bl
v
tO
$ 2,000.001
$ 20.00
0
0
1n
.-
EA
Z
ID "A ": Drainage Swale Items
J
J
J
ID "B ": Suntide Drainage Improvement Items f!
W
W
Q
W
J
(9
J
d
0
n
N
h
N
<
.-
:REEK DRAINAGE BASIN IMPROVEMENT:
(Project No. 2270)
DESCRIPTION
Construct proposed drainage swale, in
accordance with the specifications, complete
and in place per linear foot
Erosion control, in accordance with the
specifications, complete and in place per
lump sum
Seeding, in accordance with the
specifications, complete and in place per
lump sum
SUB -TOTAL FOR BID "A"
'3'x4' Post Inlet, in accordance with the
specifications, complete and in place per
each
Type B Manhole, in accordance with the
specifications, complete and in place per
each
118" RCP Culvert, in accordance with the
lspecifications, complete and in place per
!each
Regrade Ditch to Drain, in accordance with
the specifications, complete and in place per
lump sum
Asphalt Repair, in accordance with the
specifications, complete and in place per
square yard
Traffic Control. in accordance with the
,specifications, complete and in place per
!lump sum
W
7
Q
N
Q
Q
7
m
N
m
17
0
O
0
N
m
(o
TO
8
N_
a
N 0
m 0
u.
O�
OV
H0
E
m W
FZ
W
u.
0
O
a
O
0
0
co
/1 f9
0
o
o
r in.
co
h
V
p
coi
0
O
0
N
e 19
w
0
o
oo
O
0
0
oo co
0 Yi
W
0
0
O O
0
0
0
oo o
O
• r
o O
0 0
oo
N
H
m
O)
W
O
00p
N
V)
o
0
°o
m t+)
69
0 0
0 0
oo O
O 0
N
Yi
0
0
°a
)9
or
i 0
o
r
W
c
c
'
Y
1 4 1 nnn nn
O
> O
0
o
v
) el
0
o
O
l0
H
C
C
c
C
o
K
s to nnn nn
i o
> o
) O
N
•-
) 49
o
N
co
•
W
°0
O
O
N
of
M
00
O
O
O
vi
69
lA
$ 740.00
nnn nn
O
o
O
D
W
0
W
co
p
O
r
N.
0
t oo
o
N
H
O
0
d)
O
0)
<
W
O
O
N
g
O
N
N
^
N
O
O
O
O
O
0)
r
19
O
O
O
N
O
O
O
N
o
N
r
O
W
0
O
O
0
on
O
o
N
69
o
6
$ 500.00
$ 2.700.00
O
M
W
O
O
N
0
H
o
6
N
'
W
0
O
O
0
49
$ 45.00
$ 1.000.00
$ 2.500.00
$ 2.00
o
o
O
n
49
o
O
o
O
p
0
b
co
N
a
4
O
P
o
N
$460.00
co
6
o
10
M
0
100'080'1.$
O
O
t0
t9
N
o
6
N
a
4
0
6
0
'9
O
0
<
r
f9
o
O
(00
F9
O
6
V
M
O
N
0
N
W
o
O
00
M
$ 1,800.00
49
$ 460.00
t
00
v
w
N
69
$ 3,800.00
0
o
N
1-
w
0
O
0)
w
$ 120.00
0
0
O
0
w
$ 1,400.001
d
M 0.
N
0
o
$1,080.00
0- e
O o
0 0
to of
19
N
0
0
f0
00
)9
O
9
O
N
H
O
0
N
O
r
N
O
0
O
r
W
0
0
N
V!
0
0
G
n
Vi
0
o
O
N
19
0
O
O
N
69
Fa0'000'G$
0
O
O
N
tl)
$ 750.00
$ 20.00
0
0
w
1 $ 120.00
$ 500.00
$ 6,250.00
$ 40.00
0
0
N
cc;
00
0
N
O
w
$ 2,500.00
$ 20.00
O
0
0
O
O
w
0
O
0
O
N
w
RID "8 ": CONTINUED
J
J U.
J
J
W W
J
Qw
){f
J
J
N
J
co
LS
c
A
.-
co
r
—
c
m
wns dwni
Jed weld ul pue alaldwoo 'suogeogloads
mull eou� 'I n nniemv
I WIICII ely, cc raance wan me
specifications, complete and in place per
linear foot
Seed m acco b
mg, ance W M the
,specifications, complete and in place per
lump sum
SUB -TOTAL FOR BID "B"
IID "C ": Till Creek Drainage Improvements
Inc Dramaye Culvert, in accordance wan the
specifications, complete and in place per
linear foot
42 Plug, In accordance wan the
specifications, complete and in place per
each
Type B Manhole, in accordance with the
specifications, complete and in place per
each
18 RCP Lulven, In accordance with the
specifications, complete and in place per
linear foot
3x4 Post Inlet, In accordance with the
specifications, complete and in place per
each
neaawauunannel Outfall, In accordance
with the specifications, complete and in place
per lump sum
Regraoe Lawn to Dram, in accordance with
the specifications, complete and in place per
lump sum
Asphalt Repair, in accordance with the
specifications, complete and in place per
square yard
wns dwni
lad meld ul pue alaldwoo 'suogeoigioads
aql gum aouept000e w ' lo uon swell
crayon Uon roi, in accordance with the
specifications, complete and in place per
lump sum
.
r
00
co
00
0)
m
U
N 0)
U U
2 _
r
9
U
o
U
U
-
1 tXMIRIT [
aN
H
N
C
V
co
a
z
W O
O_
m W
U.
0
0
OZ
r0
Z
m K
m 'W
la- Z
0
W
0
Z
W
I-
re
a
W
D
2 13
m
y
0
0
o
o
IC
H
0
0
O
00
d
H
5281.940.000
0
0
0
a
o
H
0
0
0
°o
`H°
0
0
O
m
w
0
0
6
n
r
H
L 2
y
U)
0
0
Oo
Om
N
H
0
0
a
n
N
H
is
0
0
yo
0i
CO
N
H
0
0
o
eM
e
H
0
0
a
u
'0
M
H
O
or-
H
$ 28.00
$ 38.00
$ 12.00
O0,
e"
H
Weaver
o
9
o
CO
A
re,
0
o
o
N
N
H
0
0
co
M
W
N
H
0
0
to
N
10
H
0
0
O
O
A
H
0
9
o
c0
H
0
0
N
CO
'
H
Weaver
0
0
6
N
1p
q
o
0
o
O
N.
N
e
0
e co
M
M
N
H
o
o
N
M
'
H
0
�0p
d
W
co
M
H
$ 10.00
$ 5.00
00"0£ $
$ 14.00
O
O
N
M
H
0
yD
C
C
o
9
N
O
LO
H
o
0
O
yOy
H
MEM
0
0
A
M
N
H
0
0
O
N
W
0
0
o
O
69
0
0
A
b
N
H
03
N
d
C
0
0
ICD
O
A
H
0
0
0
N
'd'
49
0
0
ID
N
0'
N
H
o
9
A
ID
N
H
e
0;
O
aN
10
M
H
41
0
o
Di
H
0
9
CO
H
$ 45.00
00'6 $
t 1..
a
CO
0
o
co
,-
16
0 0
o
O
O
117
H
0
O
m
r
4
N
H
_
c
y`
a
s
Y)
N
Mt
H
536,700.00
o
o
co
V..
N
H
0
Yf
A
N
o
T.
M
0
o
a-
I
M co
M
H
$ 8.50
°o
H
$ 28.00
0
'0
H
on
r
H
BASE BID "C ": CONTINUED
N
J
ABASE BID "D ": South Maintenance Road
J
y
y
N
N
O
h
0
N
o
N.
O
N
Limestone Surface Repair, 4" thick, in
accordance with the specifications complete
and in place per square yard
Dewatering/Well Pointing, in accordance
with Special Provisions, complete and in
place per linear foot
SUB -TOTAL FOR BID "C"
15" RCP, in accordance with the
specifications, complete and in place per
linear foot
Concrete Driveway & Walk 6" Thick, in
accordance with the specifications, complete
and in place per square foot
Concrete Plating for Headwall & Endwall for
15" RCP, 6" Thick, in accordance with the
specifications, complete and in place per
square foot
SUB -TOTAL FOR BID "D"
SUBTOTAL "A"
SUBTOTAL "B"
SUBTOTAL "C"
SUBTOTAL "D"
TOTAL BID (SUM OF "A ", "B ", "C ", & "D"
M
0
.-
0
N
5
M
-c
04
O
n
a
a
EXHIBIT "8"
Pane 7 of 12
UJ
o
a
O
H
O C
O C
o c
$ Lf
Y
) 0
) 9
i o
R.
i H
0
9
Y°i
N
a
0
O
°o
n
f9
W
0
O
o)
°I
m
M
0
O
o
W
0
O
N
CS
0
9
00
0
ON
w
IC
a
H
Z
c
C
a
V
$ t grin nn
) 0
) 0
0
i
Y1
1 f9
°O
' N
a
19
00
o°
o
in
OJ
W
00,
r,
f9
00
o°
h
N
19
00
o
H
00
°o
h
10
N
SLC Construction
1165 Rodeo Drive
Aransas Pass, TX 78336
o
CD
M
(p
S
0 O
0
N
NN
N
q
W
O
-
w
0
6
r
N
C'l
O
6
r
N
M
w
IP
V
6
ID
NM
0
n
M
N
U7
In
(h
W
o
S
14
NM
UNIT PRICE
°o
6
Y)
°o
o
0
N
w
IS 2,025.00
0
0
N
a
w
0
0
h
a
Y)
$ 66.38
$ 3,375.001
$ 49.95
$ 2,700.00
TOTAL PRICE
o
H
0
9
o
H
0
N
N
69
°
0
N
N
N
0
0
0
r
Y)
$21,000.00
o
O
r
69
0
9
0
p
N
0
O
N
ID
69
0
o
0
re
Y)
w
U
E
t
z
z
9
w
$ 2,000.00
o
o
N
w
$ 2,500.00
$ 7,000.00
°°
o,
Y,
$ 6,000.00 1
°o
c
49
$ 6,500.00
Garrett Construction
P.O. Box 1028
Corpus Christi, TX 78362
TOTAL PRICE
I°0
°�
a
o
69
0 o
S
co
w
N
M
n
o
a
C
n
M
Or
a
IN
a
H
In
04
co
10
O
o
i0
O
Y9I
Y)
UNIT PRICE
M
w
0)
3
m
to
o
n
9
w
$ 1,468.901
Y)
O
m
v
Y)
N
M
r.
W
$ 1,094.951
$ 74.60
J
J
co
a
W
W
W
J
N
0
°
1-
-
M
M
a
O
-
m
a
:REEK DRAINAGE BASIN IMPROVEMENT:
(Project No. 2270)
DESCRIPTION
ID "A ": Drainage Swale Items
Construct proposed drainage swale, in
accordance with the specifications, complete
and in place per linear foot
Erosion control, in accordance with the
specifications, complete and in place per
lump sum
Se '
edmg, rn accordance mu, the
specifications, complete and in place per
lump sum
SUB-TOTAL. FOR BID "A"
ID "B ": Suntide Drainage Improvement !ten
3x4 Post Inlet, in accordance with the
specifications, complete and in place per
each
Type u Manhole, in accordance with the
specifications, complete and in place per
each
18" RCP Culvert, in accordance with the
specifications, complete and in place per
each
Regrade Ditch to Drain, in accordance with
the specifications, complete and in place per
lump sum
Asphalt Repair, in accordance with the
specifications, complete and in place per
square yard
Traffic Control, in accordance with the
specifications, complete and in place per
lump sum
IliT.
Q
N
¢
M
¢
•
m
N
m
M
m
a
m
N
m
EXHIBIT "8"
Pane 7 of 12
0.
co
w
W
F
F
N
C
0
U
0.
a
z
co U
0
m0
0
0
QF 0I
K
mW
!a— z
0
z
W
0
0
z
W
f
i-
ce
0.
w
0
N
a
co
7
$1.500.001
0
o
O
p
Uf
or
o
0
o
O
N
W
e
0
03
O
01
N
N
o
0
o
(0
0
w
0
0
O
O
O1
N
0
0
O
O
N
N
N
0
0
eC
O
10
N
0
0
O
N
N
W
$15.000.00
0
0
O
O
N
W
0
0
O
co
O
Vw
o
0
O
O
N
4
O
0
0
O
N
W
o
0
O
co
(0
R
0
0
O
O
N
NM
$ 1,500.00
$ 10.00
$ 3.500.00
$ 120.00
$ 300.00
$ 7,500.00
$ 36.00
o
o
in
N
m
w
0
to
o
O
69
$ 3,500.00
0
IA
O
69
0
O
0
h
69
°0
0
h
N
$ 5.00
$ 3,500.00
[SLC
$1,350.00
O
0
N
rw
O
O
O
40
n.
N
N
O
O
IN
0
V
$178,805.22
N
r
M
N
0
O
O
r
0
O
V
O
CN9
O
O
O
(0
69
co
O
N
Q
W
O
O
N
N
69
$3.096.90
O
co
O
O
W
$1,350.00
$10,368.00
O
O
O
O
of
CO
1550.00
$ 1.35
$ 1,350.00
$ 117.79
$ 573.75
$ 4590.00
$ 73.58
O
o
o
N
m
W
$ 24,975.00
$ 3,375.00
N
ar
ar
oN
N
O
O
o
r
N
69
O
o
0)
r.
69
N
e-
w
$ 2,700.00
Bay, Ltd.
$1,500.00
o
q
o
M
O
N
0
o
O
O
O
N
69
0
0
p
f0
at
N.
'00
0
0
co
N
06
0)
$700.00',
0
at
o
O
N
N
N
0
at
o
O
M
of
w
0
O
o
o
co
N
w
o
o
6
O
O
ei
g
o
0
6
O
q
co
N
0
9
O
co
co
(0
69
o
0
O
O
O
N
N
O
0
O
O
O
Y
f9
o
9
o
co
(0
r-
N
o
0
O
O
N
19
o
6
v0)
69
$ 20.00
$ 2,000.00
$ 129.50
$ 700.00
$ 7,500.00
0 0
o
r 00
w
$ 2,300.00
6
N
$ 3,600.00
0
o
N
$ 5,000.00
$ 4,000.00
$ 5.00
$ 4,500.00
ry�
$1,259.35
O
O
N.
N
N.
N
or
54,022.75
-
W
IO
w "
p
N
N
N
a
r
w
IO
0)
t0
N
d'
$51,140.60
$1,282.50
$1,592.60
(0
N
0
I
r
w
0
V
CO
o
N
N
N
0
69
(0
N
0
O
l
69
O
O
CO
IO
N
o
V
(0
(0
w
t to I
N
N
(0
d'
u0
N
N
$ 50.50
$ 4,022.75
$ 143.25
0
o
N
N
$ 7,305.80
$ 71.25
$ 1,592.60
$ 7,503.80
$ 1,094.95
$ 74.60
(OD
0)
0)
N
$ 3,680.05
N
69
$ 653.45
31D "B ": CONTINUED _ i1
y
J
LL
J
N
J
BASE BID "C ": Tiff Creek Drainage Improvements Items
LL
J
Q
W
Q LL
W J
Q
W
40
J
fn
J
i
(0
f0
J
U!
J
LL
J
f0
J
•.
w
•-
p
In
r .-
—
•-
co c
.-
(0
h
Erosion Control, in accordance with the
specifications, complete and in place per
lump sum
Trench Safety, in accordance with the
specifications, complete and in place per
linear foot
Seeding, in accordance with the
specifications, complete and In place per
lump sum
SUB -TOTAL FOR BID "B"
42" Drainage Culvert, in accordance with the
'specifications, complete and in place per
!linear foot
42" Plug, in accordance with the
specifications, complete and in place per
each
Type B Manhole, in accordance with the
specifications, complete and in place per
each
18" RCP Culvert, in accordance with the
specifications, complete and in place per
linear foot
3'z4' Post Inlet, in accordance with the
specifications, complete and in place per
each
Headwall/Channel Outfall, in accordance
with the specifications, complete and in place
per lump sum
Regrade Ditch to Drain, in accordance with
the specifications, complete and in place per
lump sum
Asphalt Repair, in accordance with the
specifications, complete and in place per
square yard
Traffic Control, in accordance with the
specifications, complete and in place per
lump sum
wns dwnl
Jed amid w pue alaldwoo 'suofeogloads
aql win 03uepmooae ul ywluoo uolsw3
Trench Safety, in accordance with the
specifications, complete and in place per,
linear foot
Seeding, in accordance with the
specifications, complete and in place per
lump sum
yr
Q
0
N
m
O)
m
U
N
U
M O
U O
--AD
N
U
U
U
o)
U
O
U
O
V
EXHIBIT
Page
"B"
8 of 12
I'
X
ICJ
re
a
a
z
H U
O
mow
LL
0�
0
F
re
m W
r
0
Z
w
0
0
r
z
2
Q
w
0
m 8
L a
✓ .,
c
n 0,
3 .c
sr
0
▪ W
m
o n
C N m
a C
a0
O 0
0 CO
0
• C
C j
ma
vm
0L-'
L N
r m
.E E
0 t
ca
m
m'c
O 0 =
a L 0
S 0 E
m
• m
c00m m
L L
0)
12 a
3 o c
to m�- 0
m m O
N
To
sr :a N
EXHIBIT "B" I
in
00 c
h c
A c
°
H h
i la, Amu .uU
44 nnn nn
s
)
>
i nN
N
A
m
to
0
a
m
0
o
y
N
N
0
oo
p en
n
N
0
a
m
N
N
°°
o
p
n
N
o
b
°
to
N
0
O
0
N
C
0
v
inn nn
O
m
O
N
0
0
N
n
m
co
N
N
0
c.
G.
A
N
4
O
O
If
N
O
n
N
N
O
M
N
N
N
•
0
J
y
q
N
N
O
o
f
N
q
m
Ldqp
•
m
N
N
0
A
N
N
01
4
0
w
N
N
PI
N
4
N
d.
o
I
N
40
01
69
$ 63.68
$ 8.10
0
N
N
Ba , Lfd.
o
0
co
0
O
N
00
o N N
0
q
N
O
m
N
00
m
A
N
00
g
0
N
0
0
4-
N
0
0
N
N
Bay, Ltd. tl
0
q
N
A
-
N
0
q
W
c0
A
N
443
0
0
0
N
0
m
by
0
0
. d
N
o
0
N
0
O
N
0
0
3
N
00'8 $
p
N
$13,083.00
O
N
(.0
CO
O
d
e0
0
CI
N
pp
—
w
O
0
m
N
O
<
N
N
N
N
c0
w
$15,510.451
'O
m
ID
b
w co
d
10
O
01 0)
N
N
co
C1
co
N
m
A
N
c0
N
$ 40.35
N
A
N
ON
N
N
3ID "C ": CONTINUED
I .
N
J
ID "D ": South Maintenance Road
J
LL
y
LL
ur
°m
A
N
N
N
O
in
°
Limestone Surface Repair, 4 thick, in
accordance with the specifications complete
and in place per square yard
O
ewa t
c,,,,a,..ell Pointing, m accordance
with Special Provisions, complete and in
place per linear foot
SUB -TOTAL FOR BID "C"
15 RCP, in accordance wim the
specifications, complete and in place per
linear foot
Concrete Onveway 6 Walk 6" Thick, in
accordance with the specifications, complete
and in place per square foot
Concrete Platmn for Headwall & Endwall for
15" RCP, 6" Thick, in accordance with the
specifications, complete and in place per
square foot
SUB -TOTAL FOR BID "D"
SUBTOTAL "A"
01
h
SUBTOTAL "C"
SUBTOTAL "D"
U
U
7
O
N
o
m
O
—
1C—
m 8
L a
✓ .,
c
n 0,
3 .c
sr
0
▪ W
m
o n
C N m
a C
a0
O 0
0 CO
0
• C
C j
ma
vm
0L-'
L N
r m
.E E
0 t
ca
m
m'c
O 0 =
a L 0
S 0 E
m
• m
c00m m
L L
0)
12 a
3 o c
to m�- 0
m m O
N
To
sr :a N
EXHIBIT "B" I
`d
0
0.
8
2
H U
O
0
u. p
O �
• ,
It a
z
• Ir
• W
Fz
U'
z
W
0
O
F
2
a.
W m
O d
t
a
an
ui
d
T
to
c
Q N
S 9-
6 rd
m E
W S
al
I- o
TOTAL PRICE
UNIT PRICE
0
00
M
Nt9
00
M
M
TOTAL PRICE
UNIT PRICE
O
O
O
N
m
w
w
C • q M
=AAA
d �
e
al Mr
v m c
g
a: cc
TOTAL PRICE
UNIT PRICE
O
0
V
W
0
10
M
O
0
c
c
To
N
TOTAL PRICE
2
O.
FN
2 N
z
<�)
m e
0 6
z
0
SC
W
C
U
UNIT PRICE
Oi
e
IA
1-
z
D
DESCRIPTION
BASE BID "A ": Drainage Swale Items
J
A
a r n
n c
o0 0
00 0
00 e
cn
UU UUC LS
$4,189.19
p r
e M a
a $
$ 5.000.00
$ 324.00
M $
$ 150.00
O
• Iu,uuV.Vu
$12,000.00
O O
O 0
0 O
O O
O O
O
$14,000.00
O $
$ 2,800.00
$ 3,000.00
$ 52.00
0 O
O
$ 14,000.00
$12,000.00
$3,888.00
$2,500.00
$ 4,000.00
$ 4,000.00
$ 72.00
$ 2,500.00
$ 4,328.63
$ 3,085.20
$ 75.97
$ 5,268.74
Seeding, in accordance with the
specifications, complete and in place per
lump sum
SUB -TOTAL FOR BID "A"
ID "B ": Suntide Drainage Improvement Iten
13'x4' Post Inlet, in accordance with the
.specifications, complete and in place per
each
Type B Manhole, in accordance with the
specifications, complete and in place per
each
18" RCP Culvert, in accordance with the
specifications, complete and in place per
each
Regrade Ditch to Drain, in accordance with
the specifications, complete and in place per
lump sum
Asphalt Repair, in accordance with the
specifications, complete and in place per
square yard
Traffic Control, in accordance with the
specifications, complete and in place per
lump sum
EXHIBIT "B))
Page 10 of 12
8
co 0
rc
co
m LL
LL
F. • a
2
m • W
CE
�z_
0
z
w
0
0
z
w
2
re
a
w
0
N
3
0
0
0
1
y
in
a
n
69
CO
m
r
�0
_ m
w
m
r
N.
(0
on
w
10
r
e
N
N
m
w
o
0
c
n
M
CO
N
M
m
ci
a
m
w
0
o
o
0
O
h
M
w
0
0
0
00
w
0
o
0
0
m
V'
w
o
o
o
0
0
m
N
Yi
M
o,
n
(0
N
69
O
o
o
o
M
O
69
O)
r
-
V
CO
r-
n
o
M
'
w
m
(.i
N
M
R
w
M
m
c
N
u)
N
w
1$ 157451
$ 12 37
$ 3,671.75
o O
N
N
w
1$ 643.53
$ 5,000.00
$ 72.80
$ 4,500.00
$ 25,000.00
$ 2,617.33
$ 150.00 I
m h
r
_
yI
w
A
o
M
e-
69
M
-
w
or
O
N
m
N
w
my
G
M
CC
o
O
o
o
O
N
w
o
O
V
N
CO
w
0
O
o
0
O
CO
w
0
o
N
m
N
tO
w
0
0
C
m
m
N
N
w
$800.00,
0
0
O
0
O
00
N
w
0
0
O
CO
O
w
0
0
o
o
m
N
w
0
0
O
0
O
N
04
o
0
O
0
O
m
w
O
o
G
N
m
m
69
o
0
o
0
O
m
w
0
0
O
0
O
m
w
0
0
o
N
o
w
0
0
O
0
O
m
N
w
$ 12,000.00
$ 6.00
O
o
O
m
w
O O
O
e
w
$ 800.00
$ 4,000.00
$ 60.00
O
N
w
$ 22.000.001
O
O
O
m
69
0
O
r
w
$ _ 8,000.00
O
O
O err
00
w
O
m
w
O
O
O
N
w
wing_
O
O
o
o
1n
w
O
O
O
a
m
w
0
O
O
O
O
w
0
O
m
N
1..
OV N
w
0
O
O
CO
0)
N V
w
O
O
O
00
r
O
O
O
0
O
N
C9
$1.296.00
o
O
O
0
O
V
w
O
O
O
0
O
N
co
O
O
0
N
R
w
0
O
O
0
N
f0
w
O
q
O
0
Y
l7
w
O
O
O
0
m
M
w
o
O
m
0
(0
O
w
O
O
O
0
m
di
w
o
O
O
lg.
CA
o
O
O
w
$ 2,000.00
0
o
N
-
w
0
0
0
n
w
$ 4,000.00
$ 72.00
$ 4,000.00
$ 21,000.00
$ 7,500.00
$ 100.00
$ 3,500.00
0
0
0
00_
M
w
0
0
M
49
$ 12,500.00
y
co C
S.
N
$1,289.501
o
M
04
0)
0)
69
m
n
m
N
r
69
0)
r
(0
N
m
N
w
$183,146.70;
0
N
0)
m
w
m
r
m
N
0)
N
w
0
V.
O
N
O
CO
69
M
n
O
m
<
w M
$18,950.00
0
O
O
O
N
w
m
N
n
N
w
O
o
o
O
N
w
o
O
N
m
CO.
69
m
O
N
m
w
00
<
O
0
W
1$ 1,289.50
$ 92.45
$
CO
r
(0
A
c4
w
m
m
o
N
w
M
N
N
—
w
't
0i
CO
M
w
0
m
n
-
w
3,480.73
o
0
o
0)
o
r
w
$ 6,200.00
m
N
-
w
o
O
o
0
Y
w
1$ 2,882.001
m
N
N
69
m
O
o
M
Q
w
00
J
LL
J
N
J
LL
J
Q
LLl
Q
Ill
LL Q
J 111
(0
J
(0
J
Y
co
N
J
!0
J
LL
J
co
J
•-
6
•-
m
h
-
n
( r
,
-
�
.-
.-
m
N
31D "8 ": CONTINUED
(Erosion Control, in accordance with the
specifications, complete and in place per
lump sum
Trench Safety, in accordance with the
specifications, complete and In place per
linear foot
Seeding, in accordance with the
specifications, complete and in place per
lump sum
SUB -TOTAL FOR BID "B"
ID "C ": Till Creek Drainage Improvements f
42" Drainage Culvert, in accordance with the
specifications, complete and in place per
linear foot
42" Plug, in accordance with the
specifications, complete and in place per
each
Type B Manhole, in accordance with the
specifications, complete and in place per
each
18" RCP Culvert, in accordance with the
specifications, complete and in place per
linear foot
3'x4' Post Inlet, in accordance with the
specifications, complete and in place per
each
Headwall/Channel Outfall, in accordance
with the specifications, complete and in place
per lump sum
Regrade Ditch to Drain, in accordance with
the specifications, complete and in place per
lump sum
Asphalt Repair, in accordance with the
specifications, complete and in place per
square yard
Traffic Control, in accordance with the
specifications, complete and in place per
lump sum
Erosion Control, in accordance with the
specifications, complete and in place per
lump sum
Trench Safety, in accordance with the
specifications, complete and in place per,
linear foot
Seeding, in accordance with the
specifications, complete and in place per
lump sum
1"
m
m
m
0)
m
0
N
0
M Q m
U_ U U
-D12,
(0
U
n
U
m
U
0)
U
U
7.
n-
%_
rage 12 of 12
Rives
O
O
A
to
w
q
o
O
69
0
n
•
49
1%
N in
O
N oi
o
m
O)
69
o
ni
0))
e
W
10
0
O
4
S
y
=
W
A
yMy
49
w
n
W
0)
N
CO
re
T ni
1:
m
•
w
n
0
"
V
w
$574,624.47
of
co
i
w
o
e
w
n
r
w
8
69
S
69
o
o
O
O
w
0
o
O
q
w
0
o
IC
W
49
0
0
O
V)
69
0
0
0
o
w
0
0
0
N
69
0
0
d A
of
w
4
E
m
E
m
C
0
o
C
N
9
N
0
o
iV
W
w
0
0
W
9
w
0
q
0
n
w
•
0
0
W 1"
N
w
4
O
0)
w
5 15.00
O
0
10
w
o
O
—
69
0
N
a
w
'ng
o
p0
O
of
no
69
o
0
cm
O
0
69
0
{a0
f`
W
4.9 )
49
o
0
N
W
w
o
0
t00
a
0
0
N
w
0
py0
N
•
w
Austin Engineering
0
S0
N
R
.
0
0 gi
n
N
w
0
{ +0y
17.
O
r
w
0
'2
a.
•
w
0
e na
b
a
a
w
1$ 18.00
o
O
W
w
00
6
co
69
00'6 S
00
N
(0
w
lye
C
N
co o
N-
O
01
0
6
O
01
v 0o
W
0
M
S
$12,892.00
(00
(0
w
D0
4
clap
N
00
�N�{{
a
lai
N
w
e
m
N
M
0
w
n
01
w
H
'
o
W�1
M
w
00
y
Ot
N is
IA
W
a
w
$ 46.88
r
w
Or
co
69
(0
J
U.
0
(0 u.
cm
r
00
N.
N
100
W
91D "C "; CONTINUED
Limestone Surface Repair, 4" thick, in
accordance with the specifications complete
and in place per square yard
uewatenng/Weu roinung, in accordance
with Special Provisions. complete and in
place per linear foot
SUB -TOTAL FOR BID "C"
ID "D ": South Maintenance Road
15" RCP, in accordance with the
specifications, complete and in place per
linear foot
Concrete Driveway & Walk 6" Thick, in
accordance with the specifications, complete
and in place per square foot
Concrete riaung tor Headwall & Endwall for
15" RCP, 6" Thick, in accordance with the
specifications, complete and in place per
square foot
SUB -TOTAL FOR BID "D"
SUBTOTAL "A"
SUBTOTAL "B"
SUBTOTAL "C"
c
0
0
to
N
TOTAL BID (SUM OF "A ", "B ", "C ", & "D"
,
U
N
D
17
O
_,15—
EXHIBIT "B" I
Pane 12 of 12
TILL CREEK DRAINAGE BASIN IMPROVEMENTS, PHASE 2
(PROJECT NO. 2270)
PROJECT BUDGET
February 10, 2009
FUNDS AVAILABLE:
ESTIMATED
BUDGET
Storm Water CIP Fund (CIP # SW 27)
1 $ 285,981.62
FUNDS REQUIRED:
Construction Cost (H &G Contractors)
$ 211,425.10
Construction Contingencies
21,142.51
A/E Consultants (Thompson Engineering)
34,500.00
Construction Inspection
8,457.00
Engineering Reimbursements
6,342.75
Finance Reimbursements
2,114.25
Incidental Expenses (Printing, Advertising, etc.)
2,000.00
Total
$ 285,981.62
—514—
EXHIBIT "C"
Page 1 of 1
0
_Q
x
W
/
u
-515-
18
AGENDA MEMORANDUM
DATE: February 10, 2008
SUBJECT: Cefe Valenzuela Landfill — Groundwater Monitoring & Sampling (Project
#5262)
AGENDA ITEM:
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 $153,400.00 for the Cefe Valenzuela Landfill Groundwater Monitoring and
Sampling Agreement - 2009.
ISSUE: The Texas Commission of Environmental Quality (TCEQ) requires groundwater
sampling and monitoring to be undertaken in accordance with the approved Groundwater
Sampling and Analysis Plan (GWSAP).
RECOMMENDATION: Approval of the motion as presented.
Lawrence Mikolajczyk
2919
Pete Anaya, P.E.
Director of Solid Waste Operations Director of Engineering Services
Attachments:
a. Additional Information
b. Contract Summary
c. Site Map
H:\HOME\KE VINS \GEN\ LANDFILL \GWSAP\2009 \Cefe \LabAW DMemo.doc
—519—
ADDITIONAL INFORMATION
BACKGROUND:
TCEQ requires the installation and monitoring of groundwater monitoring wells around solid
waste landfills. TCEQ regulations require groundwater monitoring continue in accordance
with the Groundwater Monitoring and Sampling Plan approved TCEQ Landfill Permit for
Cefe Valenzuela Landfill. Monitoring is required for the operational life of the landfill and
for a period of thirty (30) after final closure. The monitoring is to ensure there is no
migration of leachate off the landfill site. Landfill cells are designed to prevent the flow of
groundwater into and out of disposal cells. Modern disposal cells are constructed with
liners and leachate collection system to allow any water to be collected for treatment.
There are eighteen (18) groundwater monitoring wells located at Cefe Valenzuela Landfill.
An additional thirteen (13) wells are being installed with five (5) monitor wells (MW 40 -44)
around the south side of the leachate pond and eight (8) wells (MW 15 -19 & MW 45 -47)
around disposal unit one. The additional wells to be installed will achieve the new TCEQ
spacing requirement and to comply with the approved Plan. The new wells installation is
included in the proposed contract.
The Groundwater Sampling and Analysis Plan sets for the background and detection
monitoring requirements and procedures for sampling and analysis. Background and
monitoring events will occur concurrently to reduce field charges that will be incurred by the
City. The Groundwater Plan requires semi - annual detection monitoring of the groundwater
wells. Quarterly background monitoring of unfiltered metals for all wells will also be
conducted. Reports of the monitoring events will be prepared for the City with copies for
TCEQ.
CONTRACT:
The details of the monitoring are indicated in the contract summary. See Exhibit B.
PRIOR COUNCIL ACTION:
Approval of the FY2008 -2009 Annual Budget, Ordinance No. 027776.
CONSULTANT SELECTION:
Kleinfelder, Inc. is extremely familiar with the Cefe Valenzuela Landfill. This firm has
provided geotechnical and laboratory services at Cefe Valenzuela Landfill for several
years. Sampling collection will be done by the local Kleinfelder office. Their Waco office
will perform the specific laboratory tests required and compile the required analysis reports
for TCEQ. Kleinfelder has been active in the construction of disposal cells and the
installation of the monitoring wells. They are thoroughly familiar with TCEQ landfill
regulations.
FUNDING: Funding is available from Solid Waste Operating Budget.
—520—
w- \HnMr wr \ /IAIC ■l KI\I hKrnrII 1 V_1NCAD\ f00 \Cnfn\I nkMMA/f1DVUl CYA ,4nn
EXHIBIT "A"
Page 1 of 1
CONTRACT SUMMARY
ENGINEERING LABORATORY SERVICES AGREEMENT
CEFE VALENZUELA LANDFILL GROUNDWATER
MONITORING & SAMPLING - 2009
SCOPE OF BASIC SERVICES
Performance Period
The services proposed herein will be performed from February 2009 to March 2010.
Detection Monitoring
The recently released position paper by the TCEQ states that detection monitoring must be continued
in existing monitoring networks until new wells are installed and background sampling for new wells and
new constituents has been completed. Continuation of detection monitoring during the performance
period will include two monitoring events in February 2009 and August 2009.
Kleinfelder will sample the existing 18 -well system for the current constituent list (GWSAP, Revision 1,
February 5, 2007). Background sampling for new constituents in new and existing wells will commence
in August (under the assumption that permit revisions are approved and new wells have been
installed), and will be conducted concurrently with the detection monitoring event. The planned
sampling schedule is presented in Table 1.
The estimated cost of this activity is $84,500.
Table 1 Planned 2009 Sampling Schedule
Wells
February
August
November
Existing
Detection
Detection, Background
Background
New
NIA
Background
31 wells
Background
31 wells
Total
18 wells
Background Monitoring
The proposed Groundwater Sampling and Analysis Plan that was recently submitted to TCEQ includes
the TCEQ- required constituents (fifteen metals plus volatile organics). Background monitoring for these
constituents in new and existing wells is required, and will commence after well and pump installation is
complete for new wells. Presently, planned new wells include 5 monitor wells (MWs 40 -44) around the
south side of the leachate pond and 8 monitor wells (MWs 15 -19, 45 -47) around Unit 1. The latter wells
are being installed to achieve the new spacing requirement and costs for background sampling are
included in the contract for well installation.
The planned background sampling dates during the performance period are August and November,
2009. Kleinfelder will conduct the August quarterly background sampling events concurrent with
detection monitoring events, and the associated costs are included with the detection monitoring.
Background sampling will be conducted quarterly thereafter (Table 1).
The estimated cost for the 1 quarter of background sampling that will be conducted separately from
detection monitoring is $39,400.
-521-
Exhibit B
Page 1 of 2
New Pump Installation
New wells will require dedicated pumps for long -term monitoring.
Kleinfelder will prepare specifications for pump fabrication and will install new bladder pumps in the
thirteen wells that will be added to the new monitoring system. The pumps will be constructed of
chemically resistant plastic suitable for groundwater monitoring.
The estimated cost of this activity is $17,400.
Sampling Contingencies
Kleinfelder will evaluate detection monitoring data after each event to determine if statistically
significant changes have occurred. In the event that such changes have occurred, Kleinfelder will notify
the TCEQ in accordance with the requirements, and conduct verification sampling of those wells In
which SSCs occurred. The proposed budget includes one verification re- sampling. If not expended,
this can be used as a contingency for unplanned additional costs such as weather - related delays,
slower than anticipated sampling, etc.
The estimated cost for this activity Is $7300.
Other Consulting Services
Kleinfelder has been called upon to lend Its expertise in a number of matters related to groundwater
monitoring and permitting at the Cefe Valenzuela Landfill. We have Included in this proposal a limited
"on -call" budget for these services that will be expended as requested by the City. In addition, this
budget can be expended for unforeseen project conditions with approval from the City.
The allowed cost for these services, if required, is $4800.
DELIVERABLES
Four signed, bound copies of each of the reports will be prepared and transmitted to the City of Corpus
Christi. In addition, we will submit three reports for each reportable event to the TCEQ.
COMPENSATION
Kleinfelder proposes to perform the Basic Services on a Time and Materials basis for $ 153,400. This
amount will not be exceeded without prior approval. The Client and Kleinfelder may subsequently agree
in writing to provide for additional services to be rendered under this agreement for additional,
negotiated compensation.
-522-
Exhibit B
Page 2 of 2
\ M pro jec t \ c o u n ci texhi bi is \ exh 5262. d wg
NUECES BAY
CORPUS
CHRISTI
INTERNATIONAL.
AIRPORT
z
BEAR
CORPUS/ CHRISTI
F.M. 43
NUECES
F.M. 665
CABANISS
FIELD
COUNTY
F.M. 20
FM 2444
FM 244
F.M. 1
CEFE F. VALENZUELA
MUNICIPAL LANDFILL
F.M. 14
8
PROJECT #5262
SITE LOCATION MAP
NOT TO SCALE
EXHIBIT "C"
CEFE VALENZUELA LANDFILL -
GROUNDWATER MONITORING &
SAMPLING
522
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 01/26/2009
MI MN
19
AGENDA MEMORANDUM
DATE: February 10, 2009
SUBJECT:
Cefe Valenzuela Disposal Cell 4B and Storm Water Pond 1
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute Amendment No. 7 to an
engineering services contract with Chiang, Patel & Yerby, Inc. of Dallas, Texas in the
amount of $67,314.00 for a restated not to exceed fee of $399,990.00 for construction and
post construction phase services during construction of Disposal Cell 4B and Storm Water
Pond 1 at Cefe Valenzuela Landfill.
ISSUE:
Engineering services are required for construction phase and post construction phase
services (TCEQ certifications, etc.) to proceed with the next disposal cell to receive waste.
FUNDING: Funds are available from the Sanitary Landfill 2008 CIP Fund.
RECOMMENDATION: Staff recommends approval of the motion as presented.
Pete Anaya, P.E.
Director - Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Contract Summary
Exhibit "C" Location Map
H:IHOME\XEVINS \GEN\ LANDFILL\ VelenzuelaCells4A 4B\AEAmd7Memo.doc
Lawrence Mikolajczyk
Director of Solid Waste Operations
—527—
ADDITIONAL INFORMATION
SUBJECT: Cefe Valenzuela Disposal Cell 4B — Project No. 5260
CONTRACT AMENDMENT:
Amendment Number 7 provides for the consultant to provide:
• site visits on an every other week basis for the duration of construction and on site
construction observation as needed and requested (approximately 12- hours /week);
• general construction phase services consisting of project management (non- resident);
project tracking; submittal review; quality control; quality assurance; clarification of
plans, specifications, and contract documents as needed upon request; process, review
and prepare change orders as needed; and provide necessary communication and
correspondence with City staff, City's other consultants, contractor, and TCEQ during
the construction phase of the project.
• Post Construction Services for Disposal Cell 4B and Pond 1 as set forth for Cell 4A;
• record drawings of Disposal Cell 4B and Pond 1; and
• confirmation and documentation surveys required by TCEQ and deliver the required
surveys to City.
A summary of the contract amendment is attached. See Exhibit B.
PROJECT DESCRIPTION:
The project provides for the finish excavation of Disposal Cell 4B, leachate collection
system and storm water dentition Pond No. 1. The project includes the preparation of sub -
grade, compacted clay liner, leachate collection and conveyance system, groundwater
collection underdrain, installation of geo- synthetic liner and drain layer components,
installation of leachate collection system, dewatering controls, construction of the drainage
control structures, and construction of storm water detention Pond No. 1.
BACKGROUND:
Disposal Cell 4B was originally scheduled to be constructed at the same time as Disposal
CeII 4A. The project was divided into two separate construction contracts to expedite
design of CeII 4A and ensure Cell 4A would be available to place waste when Disposal CeII
3 reached capacity. CeII 4A was placed into service in November 2008.
The constructing each cell under a separate contract required the consultant to prepare
two sets of bid, construction, plan and specification documents. Additionally, the
separation of the two construction phases increased the amount of consultant effort and
time required for construction phase and post- construction phase services.
The contract award for CeII 4A and pre- excavation of Cell 4B was made to Longhorn
Excavators of Richmond, Texas in the amount of $2,369,450.00. Council also approved
the execution of Change Order No. 1 ($231,399.00), Change Order No. 2 ($297,986.35)
and Change Order No. 3 ($59,602.00) for a total contract value of $2,058,437.35.
H:*IOME\KEVINS \GEN\ LANDFILL \ValenzuelaCells4A4B\AEAId?I gExhA.doc
Exhibit "A"
Page 1 of 4
Council subsequently awarded the construction contract for Cell 4B and Storm Water Pond
1 to Longhorn Excavators of Austin in the amount of $1,923,805.50. The combined
construction value of Cells 4A and 4B total $4,882,242.85.
FUTURE COUNCIL ACTION:
• Award of any necessary change orders;
• Design and construction of future disposal cells.
FUNDING: Funding is available from the Sanitary Landfill CIP Budget.
PRIOR COUNCIL ACTIONS:
January 8 2008 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 1 to an engineering services contract with Chiang, Patel & Yerby, Inc. of
Dallas, Texas in the amount of $147,000.00 for a restated not to exceed fee of
$197,000.00 for design, bid and construction phase services for construction of disposal
Cells 4A and 4B at Cefe Valenzuela Landfill (Motion 2008 -005).
May 27, 2008 —
• Motion authorizing the City Manager, or his designee, to execute a contract with
Longhorn Excavators, Inc. of Richmond, Texas in the amount of $2,369,450.00 for
construction of Cefe F. Valenzuela Landfill Section 4A Liner & Leachate Collection
System and Section 4B Excavation (Motion 2008 -128).
• Motion authorizing the City Manager, or his designee, to execute a contract engineering
materials testing services with Kleinfelder, Inc, of Corpus Christi, Texas, in the amount
of $262,466.00 for construction of Cefe F. Valenzuela Landfill Sect 4A Liner &
Leachate Collection System and Section 4B Excavation project (Motion 2008 -129).
July 22, 2008 - Motion authorizing the City Manager, or his designee, to execute Change
Order No. 1 for additional excavation and installation of a groundwater underdrains in the
amount of $231,399.00 with Longhorn Excavators, Inc., of Richmond, Texas for the Cefe
F. Valenzuela Landfill Section 4A Liner & Leachate Collection System and Section 4B
Excavation (Motion 2008 -185).
September 9, 2008 - Motion authorizing the City Manager, or his designee, to execute
Change Order No. 2 for leachate pond service roadways, containment pond, culverts, and
roadway repairs in the amount of $297,986.35 with Longhorn Excavators, Inc., of
Richmond, Texas for the Cefe F. Valenzuela Landfill Section 4A Liner & Leachate
Collection System and Section 4B Excavation (Motion 2008 -236).
October 21, 2008 - Motion authorizing the City Manager, or his designee, to execute
Change Order No. 3 with Longhorn Excavators, Inc., of Richmond, Texas in the amount of
$59,602.00 for the Cefe F. Valenzuela Landfill Section 4A Liner & Leachate Collection
System and Section 4B Excavation for sump modifications (Motion 2008 -274).
January 13, 2009 - Motion authorizing the City Manager, or his designee, to execute a
construction contract with Longhorn Excavators, Inc. of Richmond, Texas, in the amount of
$1,923,805.50 for construction of Cefe F. Valenzuela Landfill Sector 4B Liner & Leachate
Collection System & Storm Water Pond No. 1. (Motion 2008 -003).
PRIOR ADMINISTRATIVE ACTIONS:
December 17, 2007 - Award of contract for engineering services to Chiang, Patel and
Yerby of Dallas, Texas in the amount of $50,000.00 for preliminary design, surveying, and
H: V- IDME\ KEVINS\ GEN\ ANDFILL \VaIenzuelaCelIs4A4B\AEArn gExhA.doc
Exhibit "A"
Page 2 of 4
60% complete design documents for Cefe Valenzuela Landfill Disposal Cells 4A and 4B.
February 10, 2008 —Award of Amendment No. 2 for engineering services to Chiang, Patel
and Yerby of Dallas, Texas in the amount of $20,500.00 for a restated fee not to exceed
$217,000.00 for design, surveying, construction phase services, and for the inclusion their
design documents in the design — construction documents delivered to the City including
storm water detention ponds necessary to support Disposal Cells 4A and 4B;
March 24, 2008 - Award of Amendment No. 3 for engineering services to Chiang, Patel and
Yerby of Dallas, Texas in the amount of $49,730.00 for a restated fee not to exceed
$267,730.00 for revision of the cell construction schedule based on an expedited opening
of next disposal cell to accommodate the remaining disposal capacity of Cell 3D, inclusion
of storm water pond 1 with a realigned channel RSR 1 which addresses a negative slope
and conflict with actual maintenance facilities location as included in the permit
amendment, preparation of mass excavation plan for Cell 4A to expedite completion of Cell
4A, including drawing sheets, specifications, and guidelines for issuance of a separate
work order by the City including survey staking and documentation survey of completed
excavation; and preparation of separate bid, contract, plans, and specification documents
to bid Cell 4A and Cell 4B for separate contract award.
October 14, 2008 - Award of Amendment No. 4 for engineering services to Chiang, Patel
and Yerby of Dallas, Texas in the amount of $31,046.00 for a restated fee not to exceed
$298,276.00 for separate award of Cell 4B including bid opening, bid award, bid evaluation
and bid recommendation for Cell 4B, additional construction support service for Cell 4A
and Cell 4B mass excavation requiring up to two additional months of construction
services, and additional documentation surveys for Cell 4A due to phased construction
modification to meet contractor's sequence of construction for subgrade completion, clay
liner installation and protective soil placement in two stages for the each sector.
November 21, 2008 - Award of Amendment No. 5 for engineering services to Chiang, Patel
and Yerby of Dallas, Texas in the amount of $20,000.00 for a restated fee not to exceed
$318,276.00 for development of construction scheduling for the Cefe Valenzuela Landfill
to:
o Establish the expected sequencing of current filling activities;
o Determine conceptual time frames and interim cell development schedule
through the year 2013;
o Prepare conceptualized refuse fill plans through the year 2013;
o Calculate airspace volume for each fill sequence;
o Identify environmental controls required to be developed for each sequence; and
o Estimate preliminary material quantifies for cell construction in terms of soil
excavation volumes, clay liner quantity, and area quantities.
January 2009 (in process) - Award of Amendment No. 6 for engineering services to
Chiang, Patel and Yerby of Dallas, Texas in the amount of $14,400.00 for a restated fee
not to exceed $332,676.00 for 4A ongoing construction support site visits and office
support beyond anticipated construction completion date and 4A.
ENGINEERING FEES /CONSTRUCTION COSTS
CEFE VALENZUEAL LANDFILL DISPOSAL CELLS 4A AND 4B
Cell 4A Construction
2,369,450.00
Cell 4A Change Order #1
231,399.00
Cell 4A Change Order #2
297,986.35
-530-
EXHIBIT "A"
Page 3 of 4
Cell 4A Change Order #3
59,602.00 _
Cell 4B Construction
1,923,805.50
TOTAL
4,882,242.85
Basic Engineering
Applicable to Cells
4A & 4B
Basic & Additional
Engineering Svcs.
Total Contract
Original Contract Preliminary Design &
Surveying
40,000.00
50,000.00
Amendment No. 1 —4A & 4B
147,000.00
147,000.00
Amendment No. 2 — Storm Water Ponds -
Surveying
0.00
20,500.00
Amendment No. 3 — Separate 4A & 4B
Construction Documents
49,730.00
49,730.00
Amendment No. 4 — 4A & 4B Services
13,862.00
31,046.00
Amendment No. 5 — Future Development
Planning
0.00
20,000.00
Amendment No. 6 — 4A Ongoing Construction
Phase Support
14,400.00
14,400.00
Amendment No 7 — 4B Construction & Post
Construction Phase Services
59,130.00
67,314.00
TOTAL
324,122.00
399,990.00
Basic Engineering Services
324,122.00
324,122.00
Basic Engineering as Percent of
Construction
6.64%
—531—
EXHIBIT "A"
Page 4 of 4
CONTRACT SUMMARY
Section II. C.1 Basic Services, Construction Phase Services is amended to add the following:
• 4B /Pond 1 Ongoing Construction Support Site Visits — Consultant will provide:
o approximately 17 weeks of construction site visits on an every other week basis for the duration of
construction and cause the Consultant's sub - consultant to provide on site construction
observation as needed and requested; and
o general construction phase services consisting of project management (non- resident); project
tracking; submittal review; quality control; quality assurance; clarification of plans, specifications,
and contract documents as needed upon request; process, review and prepare change orders as
needed; and provide necessary communication and correspondence with City staff, City's other
consultants, contractor, and TCEQ during the construction phase of the project.
Section II. Task D Post Construction Phase Services is amended to add the following:
• 4B Perform Post Construction Services for Disposal Cell 4B and Pond 1as set forth for Cell 4A;
• Prepare record drawings of Disposal Cell 4B and Pond 1;
• Perform the confirmation and documentation surveys required by TCEQ and deliver the required
surveys to City.
Section III Fees Authorized is amended to read:
II. FEES AUTHORIZED
The City will pay the Consultant a total not to exceed fee of $399,990.00. The fee consists of:
• An original contract fee not to exceed fee of $50,000.00;
• a fee for Amendment No. 1 services not to exceed fee of $147,000.00;
• a fee for Amendment No. 2 services not to exceed $20,500.00;
• a fee for Amendment No. 3 services not to exceed $49,730.00;
• a fee for Amendment No. 4 services not to exceed $31,046.00;
• a fee for Amendment No. 5 services not to exceed $20,000.00;
• a fee for Amendment No. 6 services not to exceed $14,400.00; and
• a fee for Amendment No. 7 services not to exceed $67,314.00.
Summary of Fees:
Tasks
Description
Fee
Original Contract
Pre - design and Review Services
II.A
Preliminary Design and Review
12,180.00
II.B
Survey Update (Allowance)
10,000.00
II.0
Travel
1,000.00
Pre - design Subtotal
23,180.00
Basic Services & Additional Services
lI.B.1
Initial Design — Construction Document Phase 60%
26,820.00
Original Total Fee
50,000.00
Amendment No. 1 Authorized Services
II.B.2
Design — Construction Document Phase 100%
40,000.00
II.B.3
Bid Phase
5,000.00
Design /Bid Subtotal
45,000.00
Construction Services
Exhibit B
Page 1 of 2
H:\HOME \KEV INS \GEN\ LANDFILL\ ValenzuelaCells4A4B \AEAmd7SumExhB.doc
-532-
II.C.1
Construction Phase
88,000.00
II.C.2
Record Drawings
5,000.00
Construction Service Subtotal
93,000.00
Post Construction Services
II.D
Post Construction Phase
5,000.00
Post Construction Services Subtotal
5,000.00
Expense Allowance
4,000.00
Amendment No. 1 Fee
147,000.00
Amendment No. 2 Authorized Services
I.A.1.f.
Surveying — Storm Water Pond for Disposal Cells 4A and 4B
20,500
Amendment No. 2 Fee
20,500
Amendment No. 3 Authorized Services
I.A.1.f.
Cell Construction Schedule and Storm Water Pond 1
18,858
I.A.2.k.
Mass Excavation Cell 4A
18,968
I.A.2.1.
Prepare Separate Bid Construction Documents for Cells 4A and 4B
11,904
Amendment No. 3 Fee
49,730
Amendment No. 4 Authorized Services
11.6.3
Bid Phase Services Cell 4B
3,712
II.C.1.m
Construction Phase — Cell 4A and Cell 4B
10,150
IIC.1.n
Construction Phase — Surveying — Topographic & Documentation 4A & 4B
17,184
Amendment No. 4 Fee
31,046
Amendment No. 5 Authorized Services
II.A
Preliminary Design and Review— Future Development Planning
20,000
Amendment No. 5 Fee
20,000
Amendment No 6 Authorized Services
II.C.1
4A Ongoing Construction Support Site Visits
7,680
4A Ongoing Construction Office Support
6,720
Amendment No. 6 Fee
14,400
Amendment No. 7 Authorized Services
II.C.1
4B /Pond 1 Ongoing Construction Support Site Visits
16,320
4B /Pond 1 Ongoing Construction Support — Office and Project
Management
14,280
4B /Pond 1 Ongoing Construction Support — Sub - consultant On Site
Construction Observation
15,780
4B /Pond 1 — Expenses as set forth by Section III Fees. (Allowance)
5,250
II.D
4B /Pond 1 Post Construction Support
4,000
4B /Pond 1 Record Drawings
3,500
4B /Pond 1 Complete Confirmation and Documentation Surveys
8,184
Amendment No. 7 Fee
67,314
TOTAL
399,990.00
Exhibit B
Page 2 of 2
H:M-IOME\KEV INS \GEN\ LANDFILL\ ValenzuelaCells4A4B \AEAmd7SumExhB.doc
-533-
\ Mproject \councilexhibits \exh5260. dwg
2
F.M. 43
NUECES COUNTY
F.M. 665
e
8 F.M. 20
FM 2444
J.C. ELUCTT
LANDFILL
CABANISS
FIELD
F.M. 18
F.M. 43
F.M.
16
F.M. 14
CEFE F. VALENZUELA
MUNICIPAL LANDFILL
LOCATION MAP
IT TO SCAL1
FM 2444
PROJECT #5260
SITE LOCATION MAP
NOT TO SCALE
EXHIBIT "C"
CEFE VALENZUELA DISPOSAL
CELL 4B AND STORM
WATER POND 1
-534-
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
1/26/2009
9
VFNI
nel..,1
..:ID
/
j{
K
/ r�O4fli •: "•C -'
/
/'/
4
mou
—a1M1 um R I
l` \,
r � ",
POND 1 ,�,��;
` `
\ \ -
\\
\
\\n
`'¢ "/-J
L/
I /h— FUTURE UN
l% FOOTPRINT
,,
t/y'
7
1 •/
,
V% //
//
\\ \
\ \ \
.
/ \\
*V∎`Q, IEVWI 51i 4.1M'J.
to .44. .4443 ••*4 4'3 ` ".3 4
` `• '• 14
„Atitle•t•
at
ti
/tea\
;
PROJECT #5260
SITE LOCATION MAP
NOT TO SCALE
EXHIBIT "C"
CEFE VALENZUELA DISPOSAL
CELL 4B AND STORM
WATER POND 1
-534-
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
1/26/2009
9
20
AGENDA MEMORANDUM
DATE: February 10, 2009
SUBJECT: Greenwood Softball Complex — Project No. 3385 (Bond 2008)
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute an architectural services
contract with CLK Architects & Associates, Inc. in an amount of $214,592, for the
Greenwood Softball Complex Project (Bond 2008) for design, bid and construction phase
services.
ISSUE: The proposed contract is necessary to proceed with the project as approved by
voters in the November 2008 Bond Election. Approval of the motion is necessary to
provide the architectural and engineering services to develop the bid, contract, plans,
specifications and other documents required to proceed with the construction of the
project.
FUNDING: Funding is available from the Parks and Recreation CIP Fund which will be
reimbursed upon sale of proceeds approved by the 2008 Bond election.
RECOMMENDATION: Staff recommends approval of the Motion as presented.
y Gav
Director Parks and Recreation
�f(
Additional
Exhibit "A"
Exhibit "B"
Exhibit "C"
Support Material:
Background Information
Prior Project Actions
Location Map
H: \HOMEVCEVINS\GEMPMKS\ 338$ GreenwoodSofbe112008 V\EAwdMEMO.tloc
Pete Anaya, P. E.,
Director of Engineering Services
—537—
AGENDA BACKGROUND
SUBJECT: Greenwood Softball Complex — Project 3385 (Bond 2008)
PROJECT DESCRIPTION: Voters in Bond Issue 2008 approved $2,450,000 dollars to
renovate the Greenwood Softball Complex. The following is a list of the major items that will
be addressed through this project. The project will result in the repair, renovation and
installation of new systems as follows:
• Renovate score keepers building including ADA accessibility upgrades;
• Renovate concession stand area and expansion;
• New ADA restroom facilities;
• New and repaired field fencing;
• Repairs to dugout areas;
• New bleachers;
• New score keepers audio equipment;
• New spectator area overhead netting;
• Sport field repairs including leveling and re -sod of sports fields;
• New sports field lighting;
• New security lighting; and
• Repair and reconstruction of parking areas.
The preliminary construction budget including contingency is $2,021,250.00. The project
schedule calls for construction to begin in July 2009 after completion of this summers fast
pitch season. The construction documents will require the contractor to work with the leagues
to ensure that any conflict with their usage is minimized.
ARCHITECTURAL SERVICES CONTRACT: The contract provides for all services required
for the completion of the project. The architect will provide the basic services required
including preliminary (conceptual design /scope), design, bid and construction phase services.
Additional services to be provided in the form of an allowance that will be billed based on
actual costs incurred include state permit administration, topographic survey, on -site
construction inspection, warranty inspection and underground drainage design /evaluation.
Basic services are the tasks routinely required for the design of a project including preparation
of drawings, specifications, contract documents, bid services and normal construction phase
services. Additional services consist of work that is beyond basic services. Routine additional
services include topographic or other land surveying, construction inspection, title work, expert
witness, environmental assessment, permit preparation /submittal, structural or other
specialized engineering assessment, forensic analysis /investigation, etc.
The fee for the project is:
Fee for Basic Services
1.
Preliminary Phase
$37,898.00
2.
Design Phase
$83,377.00
3.
Bid Phase
$7,580.00
—538—
EXHIBIT "A"
Page 1 of 2
4. Construction Phase
$22,739.00
Subtotal Basic Services Fees
$151,594.00
Fee for Additional Services (Allowance)
1. Total Permitting (TDLR fees)
$700,00
2. ROW Acquisition Survey (AUTHORIZED)
0
3. Topographic Survey (Civil)
$8,568.00
4. Environmental Issues
0
5. Construction Observation Services (All Tech Inspections)
$38,400.00
6. Start -up Services
0
7. Warranty Phase
$7,116.00
8. Provide SCADA Documentation
0
9. Design & Evaluation of Underground Drainage (Civil)
$8,214.00
Sub -Total Additional Services Fees Authorized
$62,998.00
Total Authorized Fee
$214,592.00
The estimated cost of construction, including utilities, is $2,021,250. The estimated
percentage of Basic Services Cost to Construction Cost is 7.5 %.
FUTURE COUNCIL ACTION:
• Approval of a construction contract to complete the proposed project as required.
• Approval of any change orders that may be required.
—539—
H: HOME\ KEVINS\ GEMPARKS133S5GreenwoodSaflba1120081AEAwdExhABkg .tloc
EXHIBIT "A"
Page 2 of 2
PRIOR PROJECT ACTIONS
SUBJECT: Greenwood Softball Complex — Project 3385 (Bond 2008)
PROJECT BACKGROUND: On Tuesday, November 4, 2008, the City of Corpus Christi
held an election to consider a number of ballot propositions to fund major capital
improvements for the community, Bond Issue 2008. The November 4, 2008 election was
held jointly with Nueces County and coincided with the Presidential Election.
The Bond Issue 2008 package includes $153 million in projects to be funded from ad
valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and
Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The
proposed projects target the City's most immediate needs to improve existing physical
facilities, provide for growth, and protect the City's investment in its infrastructure.
FUTURE COUNCIL ACTION: Approval of various construction contracts to complete the
project as required.
PRIOR COUNCIL ACTION:
1. November 13, 2008 — Ordinance canvassing returns and declaring results of the
Special Election held on November 4, 2008 in the City of Corpus Christi for the
adoption of seven bond propositions and approval of a proposition to restrict vehicular
access to and on the portion of the Gulf of Mexico Beach seaward of the concrete
portion of the Padre Island Seawall. (Ordinance No. 027939)
2. November 18, 2008 - Resolution expressing official intent to reimburse costs of the
2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000
for improvements to Streets, Fire Department Facilities, Police Department Facilities,
Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development.
(Resolution No. 027950)
3. December 16, 2008 - Ordinance approving the FY 2009 Capital Budget and Capital
Improvement Planning Guide in the amount of $163,391,300. (Ordinance No. 028006)
PRIOR ADMINISTRATIVE ACTION:
1. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05
Bond Issue 2008 Projects to 206 engineering firms (86 local and 120 non - local).
2. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008-
05 Bond Issue 2008 Projects to 206 engineering firms (86 local and 120 non - local).
3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008-
05 Bond Issue 2008 Projects to 206 engineering firms (86 local and 120 non - local).
4. January, 2009 — Award of a contract to Rock Engineering of Corpus Christi, Texas for
geotechnical services in an amount not to exceed $3,100.00 associated with foundation
and pavement design of the proposed Greenwood Softball Complex Restroom Facility
and parking facilities (Award in process).
—540-
-: HGMEIKEVINS\ GEMPARKS13385GreenwoodSOXba1120081AEAwdExhBPriorActions .clot
File : \ Mproject \councilexhibits \exh3385.dw
CCIA
PROJECT
LOCATION
BEAR
Cows allusT7 pity
�.a
N
43
CO
CU
T0,
y0
LOCATION MAP
NTS
LAGUNA
M IDRE
PROJECT #3385
Greenwood
Softball Complex
(Bond 2008)
341
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
1/26/2009
0%;1
ISM
21
CITY COUNCIL
AGENDA MEMORANDUM
AGENDA ITEM:
February 10, 2009
Continuation of second 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, 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.
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 pesented.
Attachments:
Exhibit A - Background Information
Exhibit B - Ordinance
Exhibit C - Site Location /Notification Map
A V
Juan Perales, dr., P.E.
Interim ACM of Development Services
—545—
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 subdivision, 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.
The other owners of property abutting the public alley right -of -way are not directly affected by the
closure of the alley and therefore did not join in the request for 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 alley right -of -way closure.
Notice of the proposed alley right -of -way closure was originally 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. Staff received no responses regarding the proposed alley
closure prior to posting of the item on the City Council agenda for November 18, 2008. The public
hearing and first reading ordinance for the alley closure went before City Council on November 18,
2008. Public comment was presented during the public hearing both for and against the proposed
alley closure. The public hearing was closed and the first reading ordinance was passed by vote of
the City Council. The second reading ordinance followed on the City Council agenda of December
9, 2008. At this meeting, a number of residents from the Padre Island No. 2 subdivision again
spoke out against the alley closure. The applicants were encouraged to discuss the matter further
with the residents in opposition to the alley closure, and a motion was made and passed to continue
the second reading ordinance to the first City Council meeting in February, 2009.
The applicants have been in contact with other subdivision residents since the December 9, 2008
City Council meeting. As a result of these meetings, the applicants have presented to staff a
proposal that provides for the dedication of an alternate access route from the subdivision to the
EXHIBIT A
—546—
adjacent county park. The proposed alternate access route is between Lots 11 and 12, Block 43,
Padre Island No. 2 subdivision, as shown on the attached Exhibit C. The alternate access route
proposed includes an access easement dedication of 3 feet in width along the entire property line
between Lots 11 and 12. Conditions established by staff as part of the access easement dedication
will require that an additional foot of clear horizontal "air space" be maintained on either side and
above the actual access easement. As the total length of the altemate access route is less than 200
feet, it can, if surfaced appropriately in the future, provide for an ADA accessible route from the
subdivision to the county park.
City staff spoke with Mr. Allen Lizakowski (Property owner of Lot 11, Blk. 43, Padre Island No. 2) by
phone on the afternoon of February 02, 2009, and has confirmed that both him and his wife are in
agreement to the new public access easement dedication within a portion of his lot and that he will
be compensated by Dr. Gulley and Mr. Eaton for the dedication of the easement within his property.
The fair market value of the proposed access easement was calculated as a credit and subtracted
from the fair market value of the alley way to be closed by the City. Staff recommends that the
Owner pay the resulting net fair market value of $2,825.00 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 recordation of the
alley closure. 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 of access and utility easements 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 alley right -of -way abandonment.
A courtesy notification of the continuation of the second reading ordinance was mailed to the original
29 property owner contacts within the 450 foot radius required by ordinance on January 29, 2009.
The same courtesy notification was also provided to an additional 35 property owners within the
Padre Island No. 2 subdivision, as shown on Exhibit C.
—547—
EXHIBIT A
Packe
(4220
Pro .osedAlle Closur
r_
Channel Park
14102
4 Lot t 10
21210
Original
Notification Area
14217
14211
.4k
14212
14221
14225
14229
(4231
14241
Shaded Properties
Indicate Expanded
Courtesy
a to
Notification Area
14270
14 117442
VERDEMAR
1430?
14305
14309
143;3
14402
14310
14319
0 145 290ec?
Proposed
Alley
Closure
Between Lots 12 -13, Block 43, Padre Island No 2
h; of 'Ally
�Tv
N\ ROW
L)CI PCN
-:tee et Mateo
1"
-548-
rvuiorr r
Firs+ R e/Ai r
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.
—549 -
rt.,c,...eaI 1.,een.,,att7nnatt 1- 18tORD- abandon- vacateROWGulleyEaton- Padre- 2rdg.doc
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.
—550 -
..-- ..- ......,..n.. .. .....,,- onWniak.uPNnn.Padre-2Ma doe
That the foregoing ordinance was re
reading on this the / pj day of
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel!
Bill Kelly
Page 3 of 3
or the first time and passed to its second
2008, by the following vote:
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
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
PASSED AND APPROVED, this the day of , 2008.
ATTEST:
Armando Chapa Henry Garrett
City Secretary Mayor
APPROVED as to form: November 10, 2008
By:
Y`ette
A' sistant City Attomey
For City Attomey
—551 -
nkshamduavaaenda @808 \11- 18 \ORD- abandon- vacateROWGuIIeyEaton- Padre-2rdg.doc
(9 Liao r o S-eb
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. Jerry C. Eaton, owner of Padre Island No. 2, Lot 12, Block 43, and Alien
Lizakowski and Carmen L. Tumer, owners of Padre Island No. 2, Lot 11,
Block 43, grant a separate public access easement along the common
property line between Lot 11 and Lot 12, Block 43, Padre Island No. 2
0:\Shared \LEGAL- DEV.SVCS\2009 Agenda\ 2- 10 \ORD- abaodsmcateROWGuIIeyEaton- Padre -2rdg continued.doc
Page 2 of 3
Subdivision. (Exhibit B). Said easement will extend the entire length of
the common property line, from City street right -of -way to the County Park.
The width of the easement shall be a minimum of 3 feet, continuous. In
addition, no above ground obstructions will be allowed within one (1)
horizontal foot of either side of the easement width.
2. Owners pay the fair market value of $2,825.00, allowing for the value of
the separate public assess easement, 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.
3. City Storm Water Department has an existing 24" RCP within the alley
right -of -way and requires that the Owners retain the entire 10' wide public
alley right -of -way as a utility easement.
4. 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.
5. 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.
H:\ LEG- DIR \Shared\LEGAL- DEV.SVCS\2009 Agenda\ 2- 10 \0f5)9 don- vacateROWGuIIeyEaton- Padre -2rdg continued.doc
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 , 2009, 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 , 2009.
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: February 2, 2009
By: AdoL►_ ., Q
Y�eA•.T
As stant City Attorney
For City Attorney
Henry Garrett
Mayor
O: \Shared \LEGAL -DE V.SVCS\2009 Agenda \2- 10 \ORD- abandqrateROW GulleyEaton- Padre -2rdg continued.doc
[N 68° 46' 30 °E 116.031
(N 61' 41" Xt
OM)
(N OP 4ir X4
5.611
ES 16° 09' 30 "E 218.751
el
LOT II
ul
ul
2,701.1 S.F. TO BE CLOSED
AND RETAINED AS A U.E.
MINIM
MAP
4d
4
�#
LOT 12
0= 03° 10' 3T
R= 90.00'
LA= 4.99'
T= 2.496'
TMs no& Mee in is slam.
smnigb FW1 O ,_>�
nine wts. thribbe Road Rm.
ALLEY CLOSURE
r21NyfN
° 13' 30°W 7.891
(R= 90.00', LA =45.601
A= 03° 10' 3r
R= 90.00'
LA= 4.99'
T= 2.496'
14202 PLAYA DEL REY
DATE: two3Ne
REV: 05102106
CREW: RS&DL
OFFICE: RV & RA
GP 0:
3021e: 2
SHEET 1 OF 1
2786.8 S.F., Being the 10' Public Alley RIghI.W.Way between Lot 12 & Lot 13, Biock 43
Padre Island Number 2
V. 13, P. 28. (MRNCT), Corpus Chris%, Nueces County, Texas
SCALE 1" = 40'
i NI 14 'T RS 1- 11
0 225 450
Feat
Proposed
Alley
Closure
Between Lots 12 -13, Block 43, Padre Island No. 2
Right of Way
a
450' Buffer
•mr2002
Propane By: DS
0e➢.nmenr et0.nr.pmem a.r.laa
-556-
r,-
ILOCA710N mApitle 1 —
City of
Corpus
Christi
OWJ AY. 16xnasnaa2119. 06,3731 im051:=1-10rs•irw.0r-tue
J 6
(3101
Packe
ano
Proposed Alley Closu
Channel Pa
Proposed Public
Access Easement
14)11
14211
14132
i ,.r 1:, ',, -.;,:, Shaded Properties
v ` r o Indicate Expanded
' ' ., Courtesy
} m' 1 : o ; za ;;, Notification Area
13130
1 2. +
+r3+ j/+ 2
VEROEMAR
13313
14105
13109
1.1)'3
1402
143!0
13311
9 145 39Q
matsC)P eel
Proposed
Alley
Closure
0.40 001/101820
B.:1',%;.: Lori 1?•1.3. Clock 43. pub,: Island N 2
,4
9
-557-
Exhibit B
22.
NO ATTACHMENT FOR THIS ITEM
-561-
23
COUNCIL
AGENDA MEMORANDUM
City Council Action Date: February 10, 2009
AGENDA ITEM:
Motion authorizing the City Manager to enter into a contract with McCall, Parkhurst & Horton, LLP
to perform bond counsel services for the City of Corpus Christi.
ISSUE:
On December 5, 2008, the City of Corpus Christi issued a Request for Qualifications to Provide
Bond Counsel Services. Six responses were received. During the week of January 5, 2009, an
evaluation committee ( "the committee ") consisting of the Interim Assistant City Manager, the
Assistant City Attorney, and the Interim Director of Financial Services interviewed each of the six
firms. The City's financial advisor, Mark Seal with M. E. Allison and Company, was present during
the interviews but was not part of the evaluation committee. After the interviews, the committee
individually evaluated each of the firms and then reviewed them as a whole. The committee is
recommending that McCall, Parkhurst & Horton, LLP be retained by the City to perform bond
counsel services for a five -year period.
REQUIRED COUNCIL ACTION:
Approval of the motion is required.
CONCLUSION AND RECOMMENDATION:
City Staff recommends that the City Council approve the motion approving McCall, Parkhurst &
Horton, LLP as bond counsel for the City of Corpus Christi.
Mary K Fisch
City Attdrney
Attachments:
Background Information
Bond Counsel Selection Matrix
Letter Regarding Bond Counsel Services
—565—
Constance P. Sanchez
Interim Director of Financial Services
BACKGROUND INFORMATION
Section 2254.003 of the Texas Government Code requires that a governmental entity may not select
a provider of professional services (which includes legal counsel necessary for issuance of public
securities) on a basis of competitive bids submitted for a contract of services. The selection and
award for professional services is required to be made on the basis of demonstrated competence and
qualifications to perform the services, and for a fair and reasonable price. Section 2254.004 of the
Texas Government Code requires a governmental entity first to select the most qualified provider of
services on the basis of demonstrated competence and qualifications and then to attempt to negotiate
with that provider a contract at a fair and reasonable price. Additionally, Section 2254.005 of the
Texas Government Code voids all contracts entered into a violation of Subchapter A, Chapter 2254
of the Texas Government Code as against public policy.
In accordance with these provisions and as recommended by the City Council, City staff solicited a
Request for Qualifications to Provide Bond Counsel Services on December 5, 2008. Six firms
responded. They were, in alphabetical order, Andrews Kurth LLP, Fulbright & Jaworski LLP,
McCall, Parkhurst & Horton LLP, Vinson & Elkins LLP, William T. Avila, PC and a joint venture
between Winstead PC and Shelton & Valadez PC. Each of the six firms was interviewed by an
evaluation committee ( "the committee ") consisting of Cindy O'Brien, Interim Assistant City
Manager, Lisa Aguilar, Assistant City Attorney, and Constance P. Sanchez, Interim Director of
Financial Services. All three committee members have been active in a number of City bond issues.
In addition to the three committee members, Mark Seal of M. E. Allison and Co., the City's long-
term financial advisor, was present during the interviews and provided technical assistance and
information to the committee but was not a formal member of the evaluation committee and did not
vote in the evaluation. References for each of the six firms were also contacted.
During the evaluation process, the committee identified a series of factors and characteristics that
were used to evaluate the firms. These factors included: (1) the experience and demonstrated
competence of the law firm in public finance law, including the ability of the firm to provide a
complete range of bond opinions to the City, including specialty tax opinions; (2) the qualifications
of staff assigned to the City's financings; and (3) responses from references. After close review of
the proposals, the results of the interviews, consideration of references, and a thorough discussion of
each firm and its capacities, the committee ranked each firm. (Attached is a matrix of the committee
members' combined scores.) The committee chose the top three firms in order as (1) McCall,
Parkhurst & Horton LLP, (2) Fulbright & Jaworski LLP, and (3) Andrews Kurth LLP.
The committee felt that all three of these firms not only provided superior experience and
demonstrated competence in public finance law but also proposed to provide excellent individuals to
be assigned to the City's financings. The other three firms while rated lower, also proposed a full
range of services.
—566—
BACKGROUND INFORMATION
(continued)
After closely considering the top three firms, the committee unanimously recommends McCall,
Parkhurst & Horton LLP, for consideration by the Council. Of the top three firms, McCall, Parkhurst
& Horton LLP is the only one that focuses solely on public finance law. The firm has been the City's
bond counsel for over forty years, and past experience proves their competency and ability to serve
the City's needs. During this entire time, the bond opinions of the firm have never been questioned
for any of the City's issuances. Considering these difficult economic times, the committee believes
that the historical knowledge that McCall, Parkhurst & Horton LLP has relating to the City's history
of bond issuance is a valuable tool and will be used to assist us in making the right decisions
regarding the issuance of bonds now and in the future.
During our consideration, the committee, in discussion with other City staff, has determined that
there should be a change in the type of contractual engagement with the bond counsel chosen.
Typically, upon choosing a bond counsel, a schedule of charges is adopted. We recommend that such
a schedule continue to be adopted but that an additional provision be added that would require that
each time bond counsel services are utilized, the City staff, with the assistance of the City's financial
advisor, determine what bond counsel fees have been charged in the immediate past for similar
issues and that the fees paid on the proposed City issue be the lesser of the newly proposed schedule
fee or the prior fee schedule (which was $1.00 per $1,000 principal amount of bonds to be issued).
See the attached letter from McCall, Parkhurst, and Horton LLP regarding their fee schedule.
In the event that the City Council decides on a firm for bond counsel other than McCall, Parkhurst,
and Horton LLP, all negotiations with McCall, Parkhurst, and Horton LLP will be required to cease,
and negotiations will begin with the City Council's selection.
—567—
Rank Applicants
BOND COUNSEL SELECTION
Matrix
January 2009
Criteria
Experience Qualified Staff Other (references)
(55 points) (35 points) (10 points) - (100 points)
TOTAL
1 McCall, Parkhurt & Horton LLP 55.0 34.7 9.5 99.2
2 Fulbright & Jaworski, LLP 54.5 34.3 9.2 98.0
Andrews Kurth LLP 53.8 34.7 9.0 97.5
4 Vincent & Elkins LLP 54.3 34.0 8.7 97.0
5 Winstead PC & Shelton & Valadez 52.7 34.3 9.0 96.0
6 William Avila PC 53.0 30.3 8.3 91.6
CRITERIA:
Experience and demonstrated competence of law firm (55 points maximum):
a. Experience and demonstrated competence of law firm in public finance law, securities law and tax law matters. Includes experience in
providing bond counsel services to governmental issuers of tax- exempt debt.
b. Experience of law firm working with Texas municipalities and other governmental agencies in public finance matters.
e. Experience with various type of debt instruments including bonds, certificates of obligation, contractual obligations, notes, commercial
paper, variable rate issues and innovative financing vehicles.
d. Experience of firm with major rating agencies, bond insurers and credit enhancers during the past three years.
e. Experience in obtaining Attorney General's approval of debt issuances.
f. Reputation and acceptance of firm's tax and legal opinions in municipal Finance industry.
g. Experience of firm with regard to pursing legislative issues related to public finance matters at the state and federal level.
h. Knowledge regarding Public Funds Investment Act.
1.
Law firm's experience in other practice areas related to city financings— tax increment/economic development/special districts, housing
law, conduit financing, utility systems, general municipal law, election law, and bond litigation matters.
j. Stability of law firm.
2. Qualifications of staff assigned to City financings (35 points maximum)
a. Years, extent and type of experience in municipal finance law, security law and tax matters of law firm staff assigned to handle City
financings.
b. Licensed to practice law in State of Texas.
c. Sufficient qualified staff available to meet city's needs
3. Other factors (I0 points maximum)
a. Satisfaction with fine's references.
b. Conflicts policy.
-568-
600 CONGRESS AVENUE
SUITE 1800
AUSTIN, TEXAS 70701 -3248
TELEPHONE: 512 478 -3805
FACSIMILE: 512 472 -0871
LAW OFFICES
MCCALL, PARKHURST & HORTON L.L.P.
717 NORTH HARWOOD 700 N. ST. MARY'S STREET
SUITE 900 SUITE 1525
DALLAS, TEXAS 75201 -6587 SAN ANTONIO, TEXAS 78205 -3503
TELEPHONE: 219 754.9200 TELEPHONE: 210 225 -2800
FACSIMILE: 219 754.9250 FACSIMILE: 210 225.2984
February 4, 2009
City of Corpus Christi, Texas
1201 Leopard
City Hall
Corpus Christi, Texas 78401
Bond Counsel Services
Ladies and Gentlemen:
We are very pleased to serve as bond counsel ( "Bond Counsel ") in connection with the
issuance of bonds, notes and other obligations (the "Bonds ") issued by the City of Corpus Christi,
Texas (the "City "). It is our understanding that this engagement is for a five year term, with an
option to extend the term to be exercised at the discretion of the City.
The purpose of this letter is to set out in writing our fees and the scope of our duties in
connection with the issuance of the Bonds by the City, and to outline our responsibilities in con-
nection with any such engagement.
As Bond Counsel we would perform a specialized legal service. The tasks which this firm
would undertake would be those necessary to rendering an opinion to the effect that the Bonds
have been authorized, issued, and delivered in accordance with the Constitution and laws of the
State of Texas, constitute valid and legally binding obligations of the City, and that the interest on
said Bonds is exempt from Federal income taxes under existing statutes, regulations, rulings, and
court decisions. In particular, we would prepare and direct the legal proceedings and perform the
other necessary legal services with reference to the authorization, issuance, and delivery of such
Bonds, including the following:
1. Preparing documents calling any bond election, notice thereof, and canvassing
the results, and submitting election documents to the United States Justice Department for
preclearance purposes under the federal Voting Rights Act.
2. Preparing all instruments pursuant to which Bonds will be authorized, secured,
sold, and delivered in consultation with the City Council, the City staff, the City's financial
advisor, and other officials and consultants of the City.
3. Attending meetings of the City Council and meetings with the City staff to the
extent required or requested by the City Council, the City Manager or the Director of
Financial Services.
4. Attending meetings with prospective bond purchasers (including state agencies
such as the Texas Water Development Board) and meetings with rating agencies or credit
-569-
enhancers to the extent required or requested; and, if so requested, render appropriate
opinions relating to agreements and other documents governing the issuance of credit
enhancements, such as lines or letters of credit.
5. Cooperating with the City and its consultants in the preparation of (i) any
application to the Texas Water Development Board for financial assistance, and (ii) any
official statement or other securities laws disclosure documents, including review of the
information therein describing the bonds, the security therefor, the summary of the
authorizing document pertaining to the issuance of the bonds, and the federal income tax
status thereof.
6. Cooperating with the City and its consultants in reviewing documents prepared
for submission to national and/or state repositories with respect to the City's
responsibilities under Rule 15c2 -12 promulgated by the United States Securities and
Exchange Commission.
7. Submitting the bonds to the Attorney General of the State of Texas for
approval and obtaining the registration of the bonds by the Comptroller of Public
Accounts of the State of Texas, as required by law.
8. Supervising the printing, execution, and delivery of the bonds to the
purchasers.
9. When so delivered, rendering an opinion covering the validity of the bonds
under Texas law and the tax exempt status of the interest thereon under federal income tax
laws, and to that end prepare all relevant documents necessary to assure compliance with
the federal income tax laws relating to the issuance of tax- exempt bonds, including,
without limitation, the preparation of Form 8038 -G.
10. Providing continuing advice concerning such subjects as arbitrage and rebate
matters, the application of bond proceeds, new developments in the law concerning bond
issues, and changes in industry practices.
The services described above to be provided as Bond Counsel do not include any
responsibility for investigating the financial condition and affairs of the City or any organization
for which the City may issue Bonds. Our approving legal opinion as Bond Counsel will contain a
paragraph substantially to the effect that we have acted as Bond Counsel for the City for the sole
purpose of rendering an opinion with respect to the legality and validity of the Bonds under the
Constitution and laws of the State of Texas, and with respect to the exemption of the interest on
the Bonds from Federal income taxes, and for no other reason or purpose. That paragraph of our
opinion will also disclose that we have not been requested to investigate or verify any record,
data, or other material relating to the financial condition or capabilities of the City or the
organization for which the Bonds are issued, and have not assumed any responsibility with respect
thereto.
We will, upon request of the City, undertake such services as may be necessary to assist
the City in satisfying the continuing disclosure requirements of Rule 15c2 -12 promulgated by the
Securities and Exchange Commission. Additionally, should it be necessary for the firm to do so,
we will render a wntten opinion with respect to any matters relating to the compliance
requirements of Rule 15c2 -2.
The fees covering the legal services of this firm incurred in connection with the issuance
and delivery of Bonds by the City will be calculated in the following manner: the lesser of (1)
$1.00 per $1,000 principal amount of the Bonds issued in excess of $1,000,000 (our standard
—570—
fee), or (2) the time worked on a bond issue would be billed on an hourly basis, with fees ranging
from $275 an hour for associates, $300 an hour for junior level partners, and $375 an hour for
senior level partners, plus an opinion fee equal to 40 cents per $1,000 principal amount of the
Bonds issued would also be billed. By way of example, should the principal amount of a bond
issue be $10,000,000, under (1) above, the fee would be $14,000; under (2) above, the fee would
be based on an opinion fee of $4,000, plus hours for work performed; for a $50,000,000 bond
issue, under (1) above, the fee would be $54,000; under (2) above, the fee would be based on an
opinion fee of $20,000, plus hours for work performed. Jeff Leuschel would bill his time at $375
an hour, and Noel Valdez would bill his time at $300 an hour. It is our experience that in a
typical municipal bond issue secured by the ad valorem taxes or dedicated revenue source of the
City, time expended on a bond issue ranges from 50 to 150 hours. Also, we would expect to be
reimbursed for our actual out -of- pocket expenses reasonably and necessarily incurred in
connection with the authorization, issuance, and delivery of each series or issue of Bonds.
The foregoing notwithstanding, with respect to the first issuance of Utility System
Revenue Bonds by the City after the date of this engagement letter, we had represented to the
City Council that our fee would be one -half of the fee we had traditionally billed the City for such
services. Our fee was calculated on the basis of $1.00 per $1,000 principal amount of bonds to be
issued, contingent upon the delivery of the bonds. For a $90,000,000 bond issue, the fee under
our prior fee structure would have been $90,000. In connection with the issuance of such an
issue of Utility System Revenue Bonds, assuming a $90,000,000 issue, we would bill the City for
services rendered in connection with the issuance and delivery of or such the fee d based lesser comb $45,000 d
(one -half of the fee calculated as described in this paragraph)
hours and opinion fee described in the preceding paragraph.
Our fee and expenses for each series or issue of Bonds would be payable at the time of
delivery of and payment of such Bonds and would come from the proceeds from the sale of the
Bonds. Our fees would be wholly contingent upon actual delivery of a series or issue of Bonds.
The fee quoted for the foregoing legal services as Bond Counsel is not inclusive of the fee
covering the legal services to be performed by the firm in connection with the issuance of
refunding bonds by the City, or with respect to bonds issued by entities acting on behalf of the
City, such as the Corpus Christi Business and Job Development Corporation and the North Padre
Island Development Corporation. With respect to the entities acting on behalf of the City, the
nature of the bond issue and its security, and whether it is rated investment grade (BBB or better) will be
by a nationally ite fining the fees rating bcharged organization, r services rendered. Such fee orP egal'servies
critical in determining
shall be negotiated by us and the City prior to commencing work on preparing the documents
necessary for the issuance of any such series of bonds, with such approvals as the City deems
necessary with respect to such fees.
The fees and out -of- pocket expenses incurred with respect to the performance by our firm
of services rendered in a capacity outside our customary role as Bond Counsel, such as in
connection with on -going compliance by the City with the provisions of Rule 15c2 -12 of the
Securities and Exchange Commission, the review of compliance by the City with federal income
tax laws (other than in connection with the delivery of Bonds), as well as miscellaneous legal
services requested by the City and its staff, will be billed to the City on a monthly basis, as
incurred by the firm. These services would be provided upon specific authorization from the City.
Any fees so incurred would be charged on an hourly basis at the customary billing rates for the
attorneys of our firms working on the matter. The hourly rates to be charged range from $275 to
$375 an hour, depending upon the attorney working on the matter. Such services will be
performed only upon the request of City staff, and we will advise the City Attorney's office of the
estimated amount of time and expense we would anticipate will be incurred as a result of the
performance of such services. Services which would involve less than 10 hours of time on a given
—571—
project or assignment would not be billed to the City.
This agreement shall be terminable at will by the City upon giving us thirty (30) days
written notice of such termination.
If the arrangement proposed herein is satisfactory, it is requested that your understanding
of the above be evidenced by the signature of the City Manager on three copies of this letter in the
place provided. Please return one copy of this letter to undersigned for our files.
Sincerely yours,
McCALL, P : • T & HORTON L.L.P.
Le schel
ACCEPTED this the _ day of , 2009.
CITY OF CORPUS CHRISTI, TEXAS
By:
Angel R. Escobar
City Manager
—572—
24
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: February 10, 2009
AGENDA ITEM:
Motion authorizing the appointment of M. E. Allison as Financial Advisor; RBC Capital Markets as
Senior Manager; Estrada Hinojosa & Company, Inc., Frost Bank, Siebert Brandford Shank &
Company, LLC, Southwest Securities, and Wells Fargo Brokerage Services, LLC as Co- Managers;
and McCall, Parkhurst, and Horton as Bond Counsel for the City of Corpus Christi, Texas Utility
System Revenue Improvement Bonds, Series 2009.
ISSUE:
The City of Corpus Christi utilizes a $75,000,000 Commercial Paper Program as an interim
financing tool for approved utility system capital projects. Utilizing commercial paper allows the
City to begin projects in a timely manner at lower short-term interest rates without having to issue
bonds before the projects commence. The last issuance of Utility System revenue improvement
bonds was in October 2006. Since that time, the commercial paper authority has been expended,
and we are at the point that we must issue bonds in order to fund approved utility projects. In order
to facilitate this bond sale process, the City must appoint a financing team.
REQUIRED COUNCIL ACTION:
Approval of the motion is required.
FUTURE COUNCIL ACTION:
February 17, 2009 — Ordinance to approve bond order, purchase contract and delegation of authority
to the City Manager in relation to the issuance of $90,000,000 City of Corpus Christi, Texas Utility
System Revenue Improvement Bonds, Series 2009.
PREVIOUS COUNCIL ACTION:
January 27, 2009 — Motion approving authorized list of financial underwriters.
September 30, 2008 — Resolution expressing official intent to reimburse $75,000,000 in costs with
respect to the construction of improvements to the City's Utility System.
CONCLUSION AND RECOMMENDATION:
Staff recommends that the City Council approve the motion appointing the financing team for these
bonds.
Constance P. Sanchez
Interim Director of Financial Services
Attachments: Background Information
Financial Advisor Fee Schedule
Bond Counsel Fee Schedule
—575—
BACKGROUND INFORMATION
The City of Corpus Christi is planning on issuing up to $90,000,000 in City of Corpus Christi, Texas
Utility System Revenue Improvement Bonds in February 2009.
The City of Corpus Christi utilizes a $75,000,000 Commercial Paper Program as an interim
financing tool for approved utility system capital projects. Utilizing commercial paper allows the
City to begin projects in a timely manner at lower short-term interest rates without having to issue
bonds before the projects commence. Although the City currently has no commercial paper notes
outstanding, the spending authority by which projects can be let is nearly exhausted. The issuance of
these bonds will replenish the spending authority to $75,000,000. The remaining $15,000,000 of
utility system revenue bonds will be issued to pay for utility work associated with the Bond 2008
projects approved by voters on November 4, 2008.
Included with this agenda item are both financial advisory fees associated with the issuance of
revenue bonds, and a letter outlining the bond counsel fees. As previously stated to the City Council
in September 2008, McCall, Parkhurst, and Horton LLP has agreed to charge the City one -half of
their normal fees for this type of issue. Bond counsel fees for this issue will be the lesser of $45,000
or the fee based on the combined hours and opinion fee described in the attached letter.
—576—
.4 I Szion se CC, .veto
INVaiTML NT BANNtRS
FINANCIAL ADVISORY FEE SCHEDULE
GENERAL OBLIGATION NOTES
And Not
P4i4 yIBY Matbui
$ $ 250,000
250,000 350,000
350,000 500,000
500,000 700,000
700,000 1,000,000
1,000,000 1,500,000
1,500,000 5,000,000
5,000,000 10,000,000
10,000,000 20,000,000
20,000;000 No Limit
$7,500 plus 120.00 per $1,000 for all over $100,000
39,500 plus $10.00 par $1,000 for .n ova $250,000
310,500 plus $8.00 per $1,000 for all over $350,000
$11,700 plus $7.00 per $1,000 for all over $500,000
$13,100 plus $6.00 per $1,000 fir all ova $700,000
514,900' plus $5.00pa $1,000 for all ova $1,000,000
$17,400 plus $3.00 per $1,000 far all over $1,500,000
$27,900 plus $1.65 per 61,000 ibr stover $5,000,000
$36,150 plus $1.00per $1,000 for all over $10,000,000
$46,150 plus $0.85 per $1,000 for all ova $20,000,000
REVENUE BONDd_ANID COMBINATION TAX AND $3yENUE CERTIFICATES OF .
OBLIGATION
In the event tho Bonds to be issued are Revenue Bonds or Combination Tax and Revenue •
Certificates of Obligation, Retnmdittg or Lan purchase, the fee shall be the amount computed.
from the above schedule plus 25%.
-577-
LAW OFFICES
MCCALL, PARKHURST & HORTON L.L.P.
600 CONGRESS AVENUE
SUITE 1800
AUSTIN, TEXAS 78701-3248
TELEPHONE: 512 478 -3805
FACSIMILE: 512 472 -0871
City of Corpus Christi, Texas
1201 Leopard
City Hall
Corpus Christi, Texas 78401
Bond Counsel Services
Ladies and Gentlemen:
717 NORTH HARWOOD
SUITE 900
DALLAS, TEXAS 75201 -6587
TELEPHONE: 219 754.9200
FACSIMILE: 214 754•9250
February 4, 2009
700 N. ST. MARY'S STREET
SUITE 1525
SAN ANTONIO, TEXAS 78205 -3503
TELEPHONE: 210 225 -2800
FACSIMILE: 210 225 -2984
We are very pleased to serve as bond counsel ("Bond Counsel ") in connection with the
issuance of bonds, notes and other obligations (the "Bonds") issued by the City of Corpus Christi,
Texas (the "City"). It is our understanding that this engagement is for a five year term, with an
option to extend the term to be exercised at the discretion of the City.
The purpose of this letter is to set out in writing our fees and the scope of our duties in
connection with the issuance of the Bonds by the City, and to outline our responsibilities in con-
nection with any such engagement.
As Bond Counsel we would perform a specialized legal service. The tasks which this firm
would undertake would be those necessary to rendering an opinion to the effect that the Bonds
have been authorized, issued, and delivered in accordance with the Constitution and laws of the
State of Texas, constitute valid and legally binding obligations of the City, and that the interest on
said Bonds is exempt from Federal income taxes under existing statutes, regulations, rulings, and
court decisions. In particular, we would prepare and direct the legal proceedings and perform the
other necessary legal services with reference to the authorization, issuance, and delivery of such
Bonds, including the following:
1. Preparing documents calling any bond election, notice thereof, and canvassing
the results, and submitting election documents to the United States Justice Department for
preclearance purposes under the federal Voting Rights Act.
2. Preparing all instruments pursuant to which Bonds will be authorized, secured,
sold, and delivered in consultation with the City Council, the City staff, the City's financial
advisor, and other officials and consultants of the City.
3. Attending meetings of the City Council and meetings with the City staff to the
extent required or requested by the City Council, the City Manager or the Director of
Financial Services.
4. Attending meetings with prospective bond purchasers (including state agencies
such as the Texas Water Development Board) and meetings with rating agencies or credit
-578-
enhancers to the extent required or requested; and, if so requested, render appropriate
opinions relating to agreements and other documents governing the issuance of credit
enhancements, such as lines or letters of credit.
5. Cooperating with the City and its consultants in the preparation of (i) any
application to the Texas Water Development Board for financial assistance, and (ii) any
official statement or other securities laws disclosure documents, including review of the
information therein describing the bonds, the security therefor, the summary of the
authorizing document pertaining to the issuance of the bonds, and the federal income tax
status thereof.
6. Cooperating with the City and its consultants in reviewing documents prepared
for submission to national and/or state repositories with respect to the City's
responsibilities under Rule 15c2 -12 promulgated by the United States Securities and
Exchange Commission.
7. Submitting the bonds to the Attorney General of the State of Texas for
approval and obtaining the registration of the bonds by the Comptroller of Public
Accounts of the State of Texas, as required by law.
8. Supervising the printing, execution, and delivery of the bonds to the
purchasers.
9. When so delivered, rendering an opinion covering the validity of the bonds
under Texas law and the tax exempt status of the interest thereon under federal income tax
laws, and to that end prepare all relevant documents necessary to assure compliance with
the federal income tax laws relating to the issuance of tax- exempt bonds, including,
without limitation, the preparation of Form 8038 -G.
10. Providing continuing advice concerning such subjects as arbitrage and rebate
matters, the application of bond proceeds, new developments in the law concerning bond
issues, and changes in industry practices.
The services described above to be provided as Bond Counsel do not include any
responsibility for investigating the financial condition and affairs of the City or any organization
for which the City may issue Bonds. Our approving legal opinion as Bond Counsel will contain a
paragraph substantially to the effect that we have acted as Bond Counsel for the City for the sole
purpose of rendering an opinion with respect to the legality and validity of the Bonds under the
Constitution and laws of the State of Texas, and with respect to the exemption of the interest on
the Bonds from Federal income taxes, and for no other reason or purpose. That paragraph of our
opinion will also disclose that we have not been requested to investigate or verify any record,
data, or other material relating to the financial condition or capabilities of the City or the
organization for which the Bonds are issued, and have not assumed any responsibility with respect
thereto.
We will, upon request of the City, undertake such services as may be necessary to assist
the City in satisfying the continuing disclosure requirements of Rule 15c2 -12 promulgated by the
Securities and Exchange Commission. Additionally, should it be necessary for the firm to do so,
we will render a written opinion with respect to any matters relating to the compliance
requirements of Rule 15c2 -2.
The fees covering the legal services of this firm incurred in connection with the issuance
and delivery of Bonds by the City will be calculated in the following manner: the lesser of (1)
$1.00 per $1,000 principal amount of the Bonds issued in excess of $1,000,000 (our standard
—579—
fee), or (2) the time worked on a bond issue would be billed on an hourly basis, with fees ranging
from $275 an hour for associates, $300 an hour for junior level partners, and $375 an hour for
senior level partners, plus an opinion fee equal to 40 cents per $1,000 principal amount of the
Bonds issued would also be billed. By way of example, should the principal amount of a bond
issue be $10,000,000, under (1) above, the fee would be $14,000; under (2) above, the fee would
be based on an opinion fee of $4,000, plus hours for work performed; for a $50,000,000 bond
issue, under (1) above, the fee would be $54,000; under (2) above, the fee would be based on an
opinion fee of $20,000, plus hours for work performed. JeffLeuschel would bill his time at $375
an hour, and Noel Valdez would bill his time at $300 an hour. It is our experience that in a
typical municipal bond issue secured by the ad valorem taxes or dedicated revenue source of the
City, time expended on a bond issue ranges from 50 to 150 hours. Also, we would expect to be
reimbursed for our actual out -of- pocket expenses reasonably and necessarily incurred in
connection with the authorization, issuance, and delivery of each series or issue of Bonds.
The foregoing notwithstanding, with respect to the first issuance of Utility System
Revenue Bonds by the City after the date of this engagement letter, we had represented to the
City Council that our fee would be one -half of the fee we had traditionally billed the City for such
services. Our fee was calculated on the basis of $1.00 per $1,000 principal amount of bonds to be
issued, contingent upon the delivery of the bonds. For a $90,000,000 bond issue, the fee under
our prior fee structure would have been $90,000. In connection with the issuance of such an
issue of Utility System Revenue Bonds, assuming a $90,000,000 issue, we would bill the City for
services rendered in connection with the issuance and delivery of such bonds the lesser of $45,000
(one -half of the fee calculated as described in this paragraph) or the fee based on the combined
hours and opinion fee described in the preceding paragraph.
Our fee and expenses for each series or issue of Bonds would be payable at the time of
delivery of and payment of such Bonds and would come from the proceeds from the sale of the
Bonds. Our fees would be wholly contingent upon actual delivery of a series or issue of Bonds.
The fee quoted for the foregoing legal services as Bond Counsel is not inclusive of the fee
covering the legal services to be performed by the firm in connection with the issuance of
refunding bonds by the City, or with respect to bonds issued by entities acting on behalf of the
City, such as the Corpus Christi Business and Job Development Corporation and the North Padre
Island Development Corporation. With respect to the entities acting on behalf of the City, the
nature of the bond issue and its security, and whether it is rated investment grade (BBB or better)
by a nationally recognized rating organization, such as Moody's or Standard & Poor's, will be
critical in determining the fees to be charged for services rendered. Such fee for legal services
shall be negotiated by us and the City prior to commencing work on preparing the documents
necessary for the issuance of any such series of bonds, with such approvals as the City deems
necessary with respect to such fees.
The fees and out -of- pocket expenses incurred with respect to the performance by our firm
of services rendered in a capacity outside our customary role as Bond Counsel, such as in
connection with on -going compliance by the City with the provisions of Rule 15c2 -12 of the
Securities and Exchange Commission, the review of compliance by the City with federal income
tax laws (other than in connection with the delivery of Bonds), as well as miscellaneous legal
services requested by the City and its staff, will be billed to the City on a monthly basis, as
incurred by the firm, These services would be provided upon specific authorization from the City.
Any fees so incurred would be charged on an hourly basis at the customary billing rates for the
attorneys of our firms working on the matter. The hourly rates to be charged range from $275 to
$375 an hour, depending upon the attorney working on the matter. Such services will be
performed only upon the request of City staff, and we will advise the City Attorney's office of the
estimated amount of time and expense we would anticipate will be incurred as a result of the
performance of such services. Services which would involve less than 10 hours of time on a given
—580—
project or assignment would not be billed to the City.
This agreement shall be terminable at will by the City upon giving us thirty (30) days
written notice of such termination.
If the arrangement proposed herein is satisfactory, it is requested that your understanding
of the above be evidenced by the signature of the City Manager on three copies of this letter in the
place provided. Please return one copy of this letter to undersigned for our files.
Sincerely yours,
McCALL, P c ST & HORTON L.L.P.
Le schel
ACCEPTED this the _ day of , 2009.
CITY OF CORPUS CHRISTI, TEXAS
By:
Angel R. Escobar
City Manager
—581—
25
GCSHC Project Update — January 2009
CAMP SHELBY
COAST STRATEGIC HIGHWAY COMMON
• The Gulf Coast Strategic Highway Coalition began as a
Texas /Louisiana group to support a project linking
England Air Park to Fort Polk to Fort Hood to Fort Bliss —
and connecting them to their deployment ports at Corpus
Christi and Beaumont.
• We now see the opportunity for this proposal to be part
of a new East -West interstate highway corridor.
• Georgia interests have pursued a new Interstate 14
east /west highway from Augusta to Natchez, Mississippi.
When combined these two projects would provide a
corridor from the transportation hub in El Paso to the
Atlantic Coast.
www.gulfcoast5l35teg ichighway.org
GCSHC Project Update — January 2009
n
nl!Int CONGRESS S. 407
110 SloeglN
'fa .mwil ;Le ImemeW 1 r w, Tnrcpm'wti,I EIIIS1 v Ad. a! 1991
la Aniy -tie n rymm m( Ntrmmr limn., 14 us n IIi * In my a ^rLq
Mid for other purposes
IN THE SENATE (1P T11E UNITED STATES
lln. Hvrc:mnet Ilur brl(' ud Me. f;tltlr;) e,Intreol an flaming hal;
whH'ran mad .mm and nremd to the r`mmnAree MN Fawnvm. in,l
PoLIk N4.tr
U.S. , Senators Kay Bailey't ;'
Hutchison, John Comyn, David
Vitter and Mary Landrieu have
introduced legislation to `designate'
Strategic 1 -14 as a federal high
priority corridor,
A BILL
Ti' an and the InlerraodaI S,rfm! Transportation Elfcinnry
Aot of 1991 to dgognato a Ittion of Intentatn ]haute
1.1 am a high priority cnnidnr, and for otter purpoti x
1 Go if crusted by de Smiate and /Zoom: of Rep i,intm
2 4:1•44 Ott Wiled Slula n,Anlmvm n (Thi. nseusenlhlnt,
3 SECTION 1. DESIGNATION OF IKON PRIORITY CORRIDOR.
4 (a) IN (1441914b. -- &•Ilion 11115(e) of the Intemml.ld
5 GorSa, 'Fran,ryrtaHml Efilciln' Art of 1791 Wohlic
6 Law 192 -240; IN Stat. 2033) io amended by lulling at
7 the end the following:
-GULF COAST STRATEGIC HIGHWAY. COALITION '-
• U.S. Senators Kay Bailey Hutchison, John Cornyn, David
Vitter and Mary Landrieu have introduced legislation to
designate Strategic I -14 as a federal high priority corridor
and a future part of the Interstate Highway System.
• This is the same congressional designation given to I -69 in
1991
• (A portion of this route in Georgia and Alabama has
already been designated as part of Priority Corridor #6.
Another portion in Louisiana is Priority Corridor #75.)
—586—
GCSHC Project Update —January 2009
Interstate Standard Lanes
Dedicated Freight Element
(Initial System Development in Texas)
FORT GORDON:
FORT
BENNING
CAMP
BEAUREGARD
FORT -
vy3 STEWART
CAMP SHELBY
FORT RUCKER
TERSTATE
',GULF COAST STRATEGIC HIGHWAY COALITION -
• The full reach of this project will provide the nation a new
East -West transportation corridor serving domestic
commerce, interregional mobility, international trade and
military deployments.
• It will provide interconnection between most of the
nation's deployable U.S. Army forces and their strategic
deployment ports.
• The Gulf Coast Strategic Highway System is envisioned to
have a dedicated freight element along portions of the
route with initial system development contemplated in
Texas.
• (Gen. Barry McCaffrey, USA (Ret.), has been briefed on
this overall transportation proposal and has offered to be
it's advocate with the- 9partment of Defense.)
GCSHC Project Update — January 2009
Interstate 10 Bridge at Pensacola
Damaged By Hurricane Ivan in 2004
US 90 Damaged -By ,_
Hurricane Katrina,in 2005 i,
Interstate system should
function 24/7 with new
capacity built inland from Gulf.
GULF COAST STRATEGIC HIGHWAY COALITION
• The planned route will provide the nation a new East -West
route unlikely to be interrupted by Gulf storms.
• Interstate 10 and other major routes were closed by
severe hurricane damage during the 2004 and 2005 storm
seasons.
-588—
GCSHC Project Update - January 2009
• TxDOT funded corridor feasibility
study started in 2008
♦ Interstate standard highway with
dedicated freight element where
feasible
Would upgrade existing highways
in US 190 Corridor where possible
♦ - Study expected by 2010
GULP COAST STRATEGIC HIGHWAY COALITION
• The Texas Transportation Commission has awarded a contract
for a feasibility study for the east -west corridor stretching
from El Paso through Central Texas to a Sabine River crossing
just south of Toledo Bend Reservoir, and for connectors to
Texas ports.
• The study is underway and consultants are looking at an
interstate standard highway with a dedicated freight element.
• The route would follow upgradable existing highways
everywhere possible to limit the requirement for new right of
way and to maximize benefits to local communities.
• The Texas improvements would link to improvements already
being made by the State of Louisiana.
-589-
GCSHC Project Update — January 2009
‘
Proposed 14 Corridor in Louisiana
'
,_
27
q
cei
Proposed 1-14 Corridor
.411re
LOUISIANA
DEPARTMENT OF TRA.NSPORTATION
AND DEVELORNIENT
OFFICE OF PLANNING
-t*'
AND PROGRAMMING
) Ce
,
4 '') 4,,i. LA MLLE cataxons.
a Co
i
5 r, "-- 3
' ■,.. a.,
, „_
' ■
- E ,
, -C.
'''
.
,,,, ", • . ,4 ,k14.
N. I L
-a cA) ,--- ar,
' hi,
74,,,,- „.
'-',
i e
maxi,' " t
,;- €
2) •
, `,=''?
to
0±,
7,
C4, I,' - 1
-
P4444401iden • let nate imrst
-4- Fon:pram velien 1/4)41 rot • i et ame 0/400,1
44.44. Ihrocseal New Midge • 144 race 11010.1
..-• - PiposedWA, b I la - 44 • Nu Sea-VW
a P.WISe41
'so ',&': -..`
0, •
-,
10
t , -,
, :
Natchez
4
--
..
,-it,
-•-- Under 044sbutt4.0 -V4Vbr b 4 &nes
— Pfcboil I 14 Carat
tp
Vie tivInney *Went
ED Meshes
trarilee0Yea
0 1(5
lk tart Area
. LOIAtIlLi StaIslas TratspotialzoPtai 4 Lint Pnleds
•
(r,
a, 14.i.)
_e -L'I$
v.:1.
r,-1-7,..3 Vi1iall
'
r ,
.' (-- 4
CONCORD= - ,
--;"
,c) ''''
--- NTki
.,., ,S
)
,
15 15 VS 10
../ • ■ i ..
,
, •Ab
Alexandria
1.22 i
(TM, i
-, S ctt
4.79 l'A,
..,-;* us-----a
,,
n o■ ,
•0
SLAM= 4.1
ch) va
- 0
(7)
1 T.)
(7,-) s
- -- ',cc!
/ —
, ..._, -%.--„,
(„,, rn..
. ot , ):, f .. S
r4 Leesxlhe
P 0 ° ItC;:
is, g)2C
".'.,7,' Fort Polk I•li'
- -
• Louisiana has included the Proposed Interstate 14
Corridor in its planning documents and anticipates the
route will follow Highways 8, 28 and US 84 starting at the
Sabine River and passing through Leesville, Alexandria,
Pineville, and Vidalia before crossing the Mississippi River
at the Vidalia-Natchez Bridge.
-590-
GCSHC Project Update — January 2009
England Airpark
New $53 Million
Terminal
8.9 Miles
830 Million
Letting Scheduled
March2009
Complete
Complete
` -.4.3 Mlles
` -` 820 Million
Letting Scheduled
Jan. 2009
• GULF COAST STRATEGIC HIGHWAY.. COALIIION-'
• Louisiana Highway 28 is rapidly being converted to a
four -lane divided roadway from Leesville to Alexandria - --
a total of 52 miles. This portion of the route is federal
Priority Corridor #75.
• The State of Louisiana has committed the funding
necessary to complete these improvements. The final
two sections of LA 28 will be under contract in early 2009
with the entire length scheduled for completion to four -
lane divided by 2013.
-591-
GCSHC Project Update — January 2009
Pro ressy on Sabi e Neches & Bridges
• TxDOT working on
design for new Sabine
River bridge near Burr
Ferry
LouISIA
Sabine
Bridge
• ♦ : Design work started on
U.S. 190 bridge over
Neches River west of
Jasper
• Design and
environmental
clearance expected to
take two years
♦ Construction could start
in three years
GULP COAST STRATEGIC HIGHWAY COALITION
• TxDOT has begun work on design for a Sabine River bridge
near Burr Ferry where the Gulf Coast route would cross.
• Design work is also being done on a new Neches River
bridge on US 190 west of the City of Jasper.
® Design and environmental studies will take about two
years.
• Bridge construction could start in about three years.
-592-
GCSHC Project Update — January 2009
San Anto nio Killeen Support Port Link
4� ;. ♦ San Antonio Chamber has
endorsed North -South
strategic route proposal
• Killeen, a coalition member,
supports freight connector
to the Port of Corpus' Christi
• Port of CC has made major
investments to, support US
Army deployments
Gulf Coast
Strategic.'.
Highway
Port unk ;.
•
are;
�Connecttor
Fht
Element
On us lttl,
-:GULF COAST STRATEGIC HIGHWAY COALITION
Full -Scale Freight Shuttle Prototype
to be Built at La Quinta Terminal Site
• A great deal of the linkage between the Port of Corpus Christi and
Fort Hood has been completed or is under construction
(Interstate 37 and SH 130).
• Planning needs to continue for linking I -37 to SH 130 around the
southeast side of San Antonio.
• SH 130 needs to be extended from Georgetown to US 190 at
Belton. The portion from Belton to Killeen is now at interstate
highway standard and addition of a dedicated freight element is
proposed.
• The dedicated freight element in South Texas would follow US
181 through Wilson, Karnes, Bee and San Patricio counties to link
to port facilities on both sides of Corpus Christi Bay.
• Under a lease agreement with the port authority, the Freight
Shuttle Development Corp. fans to build a full -scale prototype of
the system at the port's La nta Container Terminal site.
GCSHC Project Update —January 2009
GULF COAST STRATEGIC HIGHWAY COALITION
10
The Gulf Coast Strategic Highway Coalition believes this new
technology — the Universal Freight Shuttle — shows great
promise for providing a dedicated freight component to the
GCSH routes. The freight shuttle is being developed by the
Texas Transportation Institute (TTI) at College Station.
-594-
GCSHC Project Update — January 2009
proposed Freight_ shuttle System
Improving the Supply Chain
Elevated Guideways in
Existing Right -of -Way
'Containers or Trailers
Drive-On/Drive-Off Shuttle
Guy coast STRATEGIC XIGNWAYCGAunot4
1
• Fully automated freight transportation system.
• Design operating speed is 62 mph (100 km /hr).
• The system is designed to carry loads equal to current
highway load limits.
• All electric with a full load power cost of less than 10 cents
per mile.
• Design capacity will be approximately 20,000 units per day to
and from a network terminal location.
• Can handle standard sea containers or trailers.
• Elevated guideways can be located over existing highway
right -of -way.
-595-
GCSHC Project Update — January 2009
Conceptu
Freight T Shuttle Network:
Multiple Routes Be Evaluated in Texas
Lone Star
Redevelopment Site
Red River Army Depot
*GULF COAST STRATEGIC NLGHWAT COALITION
• A number of conceptual routes are being assessed
and could be built as part of a network of Universal
Freight Shuttle routes in Texas and beyond.
• The Coalition supports an east -west route following
US 190 and a connection to the Port of Beaumont.
• The Freight Shuttle Network proposed by ZAI would
provide dedicated freight linkage between the Port of
Corpus Christi and San Antonio.
• A Freight Shuttle Network extension between San
Antonio and Killeen would provide dedicated freight
service between Fort Hood and the Port of Corpus
Christi, one of its strategic deployment ports.
-596-
GCSHC Project Update — January 2009
• Texas, Louisiana,
Mississippi, Alabama and
Georgia DOT executives
shared plans at
December 2008 meeting
• With the routes in Texas
and Louisiana already
decided, participants
agreed to work together
to settle on a well -.
connected route through,
Mississippi, Alabama &
Georgia following
existing highways
Formation of a coalition
involving grassroots
supporters in all five
states was proposed
-r rry Brown, Mississippi DOT;
Ankner, Louisiana DOT. Amadeo
Saenz, TxDOT; Don Arkle, Alabama DOT
GULF COAST STRATEGIC NIGNWAT. COALITION ^S_
• Top level representatives of all five state Departments of
Transportation participated in a planning session in Baton
Rouge on December 1st.
• They shared updates on projects they have underway
along the corridor.
• With the route in Texas and Louisiana long decided, the
transportation leaders agreed to work together to settle on
a well connected route through Mississippi, Alabama and
Georgia. It is likely to follow existing highways including
US 84, I -59, US 80 and Georgia state highways.
• Participants concluded that it would be very valuable if a
coalition is established including grassroots supporters in
all five states.
-597-
GCSHC Project Update —January 2009
,ast Strategic.
• Connects U.S. Army posts
to Strategic Military Ports
__. i � �. Provides relief routes for
P I Interstate traffic at
• ', points outside of air
# p
quality non - attainment
areas
Provides opportunities
for economic
development in areas
l Y ,� where growth has failed
. I : a. .. to occur
INTERSTATE
-RH Further In
(j1Z)478 -66
matioa Contact Gary Bushell
, Sili 9ebush4@aoLcom
www.gulfcoaststrategichighway 01
"'.GULF COAST STRATEGIC HIGHWAY COALITION
14
• In summary, the I -14 /Gulf Coast Strategic Highway
System will connect Army facilities in these states to each
other and to strategic Texas ports.
• It will provide relief routes for Interstate traffic at points
outside of air quality non - attainment areas.
• It will provide east -west interstate highway standard
capacity unlikely to be interrupted by Gulf storms.
• It provides opportunities for economic development and
growth for areas along the route that have not enjoyed
the economic boom of the past two decades.
—S98—
26
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: New Broadway Wastewater Treatment Plant City Council Project
Update
STAFF PRESENTER(S):
Name
1. Foster Crowell
2. Pete Anaya
OUTSIDE PRESENTER(S):
Title /Position
Director
Director
Name Title /Position
Department
Wastewater
Engineering
Organization
1. Jason Anderson
2. John Cutright
3. Dan Leyendecker
4. Govind Nadkarni
Project Engineer
Project Manager
Principal
Consultant
Carollo Engineers
Carollo Engineers
LNV, Inc.
ISSUE: This presentation is to provide the City Council, and the public, with a
regularly scheduled update of the current status for the new Broadway Wastewater
Treatment Plant. The report will include the project's schedule, location, layout,
elevations and impact on the neighborhood.
REQUIRED COUNCIL ACTION: None
Pete Anaya, P.E.
Director of Engineering
Exhibit "A" - Powerpoint Presentation
-601-
z
z
' _ i v/ w a 7 i"a j i i w r-
a) c
= O
a) co
U U
u) O
O U
0 0
•O O
o_
Good Neighbor Report
Project Layout
cn
4J
c
0
O c E
r° O
> 0
izu c
W
>, O
' - U)
W 0'
() 7
'4
H
w
w
re
0)
}
a
0
0
ce
m
IHNN
0
0
Consideration
� � � � �
ao ao ao ao ao
Li Li W U Li
Northside Siting
150 ft Setback
Advanced Odor Control
Fencing Package
co
.ca )
Green Space
is
NM
W
c
CO
L
ro
L
o w
Z
Odor Control
8' Tall Wall
Existing Trees
'Vc :10
Arc r.
0
0
V
z
0
to
1
0
San.il city of
Oar Corpus
ilia Christi
%11".~