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Agenda Packet City Council - 02/24/2009
STY ■ 11.003/400VI 11:45 A.M. - Proclamation declaring the month of March 2009 as "National Colorectal Cancer Awareness Month" AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 FEBRUARY 24, 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 and 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, habrr un interprete ingles- espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361 - 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Henry Garrett to call the meeting to order. B. Invocation to be given by Reverend Philip Douglas, Unitarian Universalist Church of Corpus Christi. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Henry Garrett Mayor Pro Tem Larry Elizondo, Sr. Council Members: Melody Cooper City Manager Angel R. Escobar Mike Hummel) City Attorney Mary Kay Fischer Bill Kelly City Secretary Armando Chapa Priscilla Leal Michael McCutchon John Marez Nelda Martinez E. MINUTES: NONE Agenda Regular Council Meeting February 24, 2009 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment #1) 1. * Clean City Advisory Committee * Community Youth Development (78415) Program Steering Committee * Leadership Committee for Senior Services * Park and Recreation Advisory Committee * Planning Commission 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 fumished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) Agenda Regular Council Meeting February 24, 2009 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 2. Resolution authorizing the submission of a grant application in the amount of $68,491 to the State of Texas, Office of the Governor, Criminal Justice Division for Year One funding of a Sex Offender Investigative Unit grant in the Police Department with a City match of $7,745, for a total grant application of $76,236, and authorizing the City Manager or his designee to apply for, accept, reject, alter or terminate the grant. (Attachment #2) 3.a. Motion authorizing the City Manager or his designee to accept a supplemental grant in the amount of $47,500 from the Texas Automobile Theft Prevention Authority (ATPA) to purchase equipment for the motor vehicle theft enforcement unit within the Police Department and to execute all related documents. (Attachment #3) 3.b. Ordinance appropriating $47,500 from the Texas Automobile Theft Prevention Authority (ATPA) in the No. 1061 Police Grants Fund. (Attachment #3) 4. Ordinance appropriating $185,850.21 in developer contributions and $22,319.43 in interest earnings for a sum of $208,850.21 in the No. 4720 Community Enrichment Fund for park improvements. (Attachment #4) 5. Motion authorizing the City Manager or his designee to execute documents with Trust for Public Lands and the Coastal Bend Bays and Estuaries Program, for the purchase of 48.91 acre tract of land situated partially in Lot 3, Lot 4, Lot 11, Lot 12, Lot 17, and Lot 18, Section 32 and Lot 17, Section 31, Flour Bluff and Encinal Farm and Garden Tracts, to extend the closing date of the Agreement of Sale, assign the Agreement of Sale to Coastal Bend Bays and Estuaries, and execute new Agreement of Sale with Coastal Bend Bays and Estuaries Program. (Attachment #5) 6. Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with LNV Engineering of Corpus Christi, Texas, in the amount of $123,584 for a revised fee of $138,584 for the Naval Air Station (NAS) Corpus Christi Effluent Reuse Force Main project for design of a new effluent force main. (Attachment #6) Agenda Regular Council Meeting February 24, 2009 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 7.a. Ordinance appropriating $425,000 of the Unappropriated Fund Balance in the Reinvestment Zone No. 2 Fund 1111 for the Packery Channel Project; changing the FY 2008 -2009 Operating Budget adopted by Ordinance No. 027776 to increase appropriations by $425,000. (Attachment #7) 7.b. Motion authorizing the City Manager, or his designee, to execute a construction contract with Sal -Con, Inc. of Corpus Christi, Texas in the amount of $307,300 for Packery Channel - South Parking Lot Restrooms 2008 Phase 1 Improvements. (Attachment #7) 8.a. Motion approving the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement submitted by Extreme Homes of Texas, LLC, owner and developer of Maple Hills Subdivision,Unit 5, located south of Up River Road and east of McKenzie Road, for the upsizing of 718 - linear feet of PVC sanitary sewer collection line from 8 -inch diameter to 10 -inch diameter. (Attachment #8) 8.b. Ordinance appropriating $5,390.39 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse Extreme Homes of South Texas, LLC, for the upsizing of 718 - linear feet of PVC sanitary sewer collection line from 8 -inch diameter to 10 -inch diameter for the development of Maple Hills Subdivision Unit 5, as specified in the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement. (Attachment #8) 9. Motion approving the Street Construction and Reimbursement Agreement submitted by Extreme Homes of Texas, LLC, owner and developer of Maple Hills Subdivision Unit 5, located south of Up River Road .and east of McKenzie Road in the amount of $18,911.40, for the upgrading of 5,587- square yards of street pavement from a Residential Collector cross section to a Neighborhood Collector cross section. (BOND ISSUE 2004) (Attachment #9) 10. Ordinance abandoning and vacating a 10,033.21- square foot portion of an existing utility easement out of Boat Hole Marina Lot 1, Block 1, south of the Skipper Lane public street right -of- way; requiring the owner, S & G Marina, LLC, to comply with the specified conditions. (Attachment #10) Agenda Regular Council Meeting February 24, 2009 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 11. Ordinance abandoning and vacating a 34,198- square foot portion of an existing utility easement out of Padre - Staples Mall, Block 1, Lot 1A and Mt. Vernon Subdivision Unit 1, Lot B3, north of and adjacent to the South Padre Island Drive public street right -of -way; requiring the owner, Corpus Christi Retail Venture, L.P., to comply with the specified conditions. (Attachment #11) 12.a. Motion approving the Sanitary Sewer Lift Station Construction and Reimbursement Agreement submitted by CNM 37, L.L.C., owner and developer of the Thirty Seven Industrial Park, located south of Interstate Highway 37 and east of Southern Minerals Road, for the upgrade of the Highway 9 Master Plan Lift Station, including all related appurtenances. (Attachment #12) 12.b. Ordinance appropriating $121,013.22 from the No. 4220 Sanitary Sewer Trunk System Trust Fund to reimburse CNM 37, LLC for the upgrade of Highway 9 Master Plan Lift Station, including all related appurtenances for development of Thirty Seven Industrial Park, as specified in the Sanitary Sewer Lift Station Construction and Reimbursement Agreement. (Attachment #12) 13. Resolution on exportation of groundwater from the Nueces River Basin. (Attachment #13) 14. Resolution nominating Berry Contracting, LP, to the Office of the Governor Economic Development & Tourism, through the Economic Development Bank, for designation as a single retained job enterprise project, under the Texas Enterprise Zone Program under the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code. (Attachment #14) 15. Ordinance governing City elections in 2009, including appointment and compensation of election officials, voting systems, and central counting station. (Attachment #15) 16. Second Reading Ordinance - Amending Section 33- 1.02.06 (b) (1), Corpus Christi Zoning Ordinance to allow non - illuminated sandwich board signs or A -Frame Signs on the sidewalks of zero -lot line building in the Six Points area; amending conflicting provisions of the city's comprehensive plan; repealing conflicting ordinances; providing for penalties; and providing for publication. (First Reading — 2/17/09) (Attachment #16) Agenda Regular Council Meeting February 24, 2009 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 17. Motion canceling the City Council meeting of March 17, 2009. (Attachment #17) J. PUBLIC HEARINGS: (NONE) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 18. First Reading Ordinance — Amending Section 18 -20, Code of Ordinances, City of Corpus Christi, relating to the fees charged for ambulance and emergency medical services; providing for publication. (Attachment #18) 19. Motion approving the Sanitary Sewer Trunk Force Main and Lift Station Construction and Reimbursement Agreement submitted by The Preserve at Mustang Island, LLC, owner and developer of Tortuga Dunes Subdivision for the installation of Zahn Road Master Plan Lift Station with eight -foot diameter wet well, 8,376 - linear feet of a four -inch and six -inch PVC dual force main, and related appurtenances; at a cost not to exceed $2,457,890.25. (Attachment #19) 20. Motion authorizing the City Manager to enter into a contract with Fulbright & Jaworski, LLP, to perform bond counsel services for the City of Corpus Christi. (Attachment #20) 21. Ordinance providing for the issuance of City of Corpus Christi, Texas Utility System Revenue Improvement Bonds, Series 2009, in an aggregate principal amount not to exceed $98,000,000; establishing parameters regarding the sale of the Revenue Improvement Bonds; approving the execution of a purchase contract; and all other matters related thereto; and providing that this ordinance shall be in force and effect from and after the date of its passage. (Attachment #21) 22.a. Presentation on Economic Impact Report of American Bank Center. (Attachment #22) Agenda Regular Council Meeting February 24, 2009 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 22.b. Motion authorizing the City Manager or his designee to negotiate a five (5) year agreement with SMG to operate and manage the American Bank Center under new fees, terms, and conditions, with the negotiated agreement to include but not be limited to: (1) a term adding to SMG's duties the duty to manage all food and beverage services at the American Bank Center, including management of all alcoholic beverage services; (2) a term acknowledging that SMG shall be assigned both the Food and Beverage Services Agreement with Centerplate and the Alcohol Service Management Agreement with the Corpus Christi International Seamen's Center; (3) a term stating that, immediately following the third (3rd) year of the agreement, the City shall solicit and entertain proposals from private venue management firms to operate and manage the American Bank Center; and (4) a term giving the City the right, at any time following the third (3rd) year, to terminate the agreement, without cause, by providing nor more than ninety (90) days notice to SMG, such termination to be without the payment of any penalty, fee or premium. (Attachment #22) 23.a. Presentation on Automated Meter Reading (AMR) Initiative Project Expansion Update — Year 4 of 5. (Attachment #23) 23.b. Motion approving Amendment No. 3 to the Automated Meter Reading contract, with Northrop Grumman Information Technology, Inc., of Bohemia, New York, in the amount of $3,735.002. Funding has been programmed in the adopted FY2009 Capital Improvement Project (CIP) Budget. (Attachment #23) 23.c. Motion amending the consultant contract with RAM Technologies, Inc., of Fort Washington, PA for contract management and technical assistance of the Automated Meter Reading project, in the amount of $138,701. Funding has been programmed in the adopted FY2009 Capital Improvement Project (CIP) Budget. (Attachment #23) L. PRESENTATIONS: Public comment will not be solicited on Presentation items. 24. 2nd Quarter FY 2009 Report of the Health Benefits /Risk Management Fund (To be considered at approximately 10:00 a.m.) (Attachment #24) Agenda Regular Council Meeting February 24, 2009 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 25. Police /Fire Group Health Insurance Program Update (To be considered at approximately 10:00 a.m.) (Attachment #25) 26. Presentation on newly developed phases of emergency operations for Gulf Beach (Attachment #26) 27. Public Information Act Progress Report (Attachment #27) M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORMAT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. if you have a petition or other information pertaining to your subject, please present it to the City Secretary.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. Agenda Regular Council Meeting February 24, 2009 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) N. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Govemment Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 28. Executive session under Texas Government Code Section 551.071 regarding Cause No. 08- 60884 -2, Steve A. Perez vs. Arnoldo Guerra and the City of Corpus Christi, in the County Court at Law Number 2, Nueces County, Texas, with possible discussion and action in open session. O. LEGISLATIVE UPDATE: (NONE) Consideration of resolutions and actions deemed appropriate by the City Council as to legislative issues before the 81St Texas Legislature. 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 3:00 p.m., on February 18, 2009. Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com on the Thursday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Friday before 5:00 p.m. Symbols used to highlight action items that implement council goals are on attached sheet. SUPPLEMENTAL AGENDA REGULAR COUNCIL MEETING CITY OF CORPUS CHRISTI, TEXAS CITY HALL -COUNCIL CHAMBERS 1201 LEOPARD ST. FEBRUARY 24, 2009 10:00 A.M. PUBLIC NOTICE is hereby given pursuant to Texas Open Meetings Act of the following addition to the agenda of the City Council to be considered at the above meeting: I. CONSENT AGENDA 17.1.a. Resolution authorizing the City Manager or his designee to accept Federal Aviation Administration Grant Number 3-48-0051-044-2009 in the amount of $966,213 to modify the Aircraft Rescue and Fire Fighting (ARFF) Station, Phase I at Corpus Christi International Airport and to execute all related documents. 17.1.b. Ordinance appropriating $966,213 from the Federal Aviation Administration for Grant No. 3-48-0051-044-2009 in the No. 3020 Airport Capital Improvement Fund to modify the Aircraft Rescue and Fire Fighting (ARFF) Station, Phase I at Corpus Christi International Airport. POSTING STATEMENT: This supplemental agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at ; D .m. February 20, 2009. y~~7z LC ~-./ Armando Chapa City Secretary City Council Goals 2007 -2009 IYOWNI 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 a. CLEAN CITY ADVISORY COMMITTEE — One (1) vacancy with term to 7 -8 -09 representing the following category: Community at Large. (Since the term ends on 7 -8- 09, it is recommended that the appointment be for a new two-year term ending 7- 8 -11.) DUTIES: To advise the City Council on recycling, litter, and other solid waste environmental issues of concern in the community. COMPOSITION: The committee shall consist of nine (9) members and shall be composed of the following: one (1) educator in a primary, secondary, or high school within the city; one (1) member of a local Chamber of Commerce; one (1) commercial solid waste hauler; one (1) member of the Beautify Corpus Christi Association; and five (5) community at large representatives. Of the initial members, five (5) members shall serve a two -year term and four (4) members shall serve a one -year term, as determined by a drawing to be conducted at the initial committee meeting. Thereafter, all terms shall be two (2) years. All members shall serve until their successors are appointed and qualified. ORIGINAL MEMBERS TERM APPTD. DATE Paul A. Castorena (Educator) 07 -08 -10 07 -08 -08 Brenda Cuvelier (Chamber) 07 -08 -10 08 -12 -08 Brian Cornelius (Hauler) 07 -08 -10 07 -08 -08 Daiquiri Richard (Beautify), Chair 07 -08 -09 07 -08 -08 Paige Dinn (Comm. at Large) 07 -08 -10 07 -08 -08 John Elford (Comm. at Large) 07 -08 -09 07 -08 -08 ** *Patricia Garcia (Comm at Large) 07 -08 -09 07 -08 -08 Mikell Smith (Comm. at Large),Vice 07 -08 -09 07 -08 -08 Joan Veith (Comm. at Large) 07 -08 -10 07 -08 -08 Director of Neighborhood Services Ex- officio, non - voting Director of Environmental Services Ex- officio, non - voting (The Clean City Advisory Committee is recommending the new appointment of Theresa Klein.) INDIVIDUALS EXPRESSING INTEREST Scot McCambell Barker Financial Advisor, Edward Jones Investment. Received Bachelor of Science in Kinesiology with Minor in Sociology from Texas Lutheran University. Activities include: Westside Business Association, Christian Business Association, and Art Museum of South Texas. Recipient of 2008 Mayor's Community Service Award. (2- 3-09) Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * ** *Has met six -year service limitation —1— Sara D. Baugh OwnerNice President, Dash Truck & Equipment Sales, Inc. Attended Texas A &M Corpus Christi, Del Mar College, Austin Community College and Kingwood College. Activities include: Calallen Baptist Church, Relay for Life, and Buccaneer Days. (7- 11 -08) Erica Graeber Bowen Human Resource Specialist, United States Coast Guard. Received A.S. in Business and B.S. in Business Management from University of Phoenix. (2- 12 -09) Rick Carpenter Owner, Dolphin Recycling. Attended Morhead State University and University of Kentucky. (4- 29 -08) Aaron Castro Operations, KZTV 10. Currently a Student at Texas A &M University - Corpus Christi. Involved in Local Politics. Recipient of Employee of the Month at Action Ten News. (9 -9 -08) Becky Flores Realtor, USA Freedom Realtors. Received Associate Degree in Computer Programming. Licensed Realtor and Loan Officer. (1- 19 -09) Chris Hamilton James L. Hinnant Cynthia Hopkins Doug Ingram 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) Attended College. Activities include. Neighborhood Initiative Program — Neighborhood Initiative Council and Neighborhood Initiative Program #17 Leader. (9 -2 -08) Science Teacher, Corpus Christi Independent School District. Received BA in Political Science from The American University, Washington DC. Activities include: CubMaster Pack 323, Committee Chairman Troop 323, AWANA Commander, Homeschooling Organization of South Texas and Kaffie Middle School PTA. (6- 27 -08) Project Manager, AGCM, Inc. Received BS in Civil Engineering from Texas A &M University. Activities include: Society of American Military Engineers, Construction Management Association of America, and Nueces County A &M Club. (4- 24 -08) —2— Kenneth E. Jobe Tony Kailas Teresa Klein Self- Employed, Creative Director. Received Degree from Texas A &M and University of Texas. Activities include: Chair, Recycling Committee — Coastal Bend Sierra Club, Coastal Bend Bays & Estuaries Foundation — Annual Earth Day Planning Committee, Oso Creek Green Corridor Planning Committee — Corpus Christi Park and Recreation Department, and Corpus Christi Botanical Gardens. Former Chair of Mayor's Advisory Committee on Recycling and Solid Waste Reduction. Recipient of Numerous Art Director Awards. (5- 20 -08) Owner, Visio Residential Properties LLC. Received B.S. in Environmental Science and Range and Agronomy from Hardin- Simmons University, Abilene, Texas. Activities include: Chamber of Commerce Ambassador and Boy Scouts of America. (7- 31 -08) Psychology Instructor, Del Mar College. Received BS in Psychology from University of Iowa, MS in Counseling from Oklahoma State University, and Currently Pursuing PhD from Oklahoma State University in Counseling Psychology. Activities include: Corpus Christi Progressive Populist Caucus — Recycling Committee Member, American Psychological Association, Sierra Club, and Project Laundry List. Nominated for Teacher of the Year — Del Mar College. (5- 19 -08) Nathan Kolenovsky Program Launch Manager, Grainger Consulting Services. Received Bachelor of Arts from University of Texas in Austin and Master of Public Administration from University of Texas in San Antonio. (7- 11 -08) John Douglas McMullan Professional Engineer, Freese and Nichols, Inc. Received Bachelor Degree in Engineering. Activities include: American Society of Civil Engineers, Water Environment Federation, and St. Pius X School. (1- 21 -09) Randall (Randy) Reed Owner, Outside Dimensions. Received BBA in Finance and Economics from South West Texas State University. Activities include: Chamber of Commerce Board, Corpus Christi Executive Association Board, Ambassador Chairperson Chamber of Commerce, Beautify Corpus Christi, Westside Business Association, and Leadership Corpus Christi Class XXXVI Alumni. (8 -6 -08) Juan Rodriguez Barbara Tharas Chief of Interpretation and Education, Recycling Coordinator, Padre Island National Seashore. Received BA in History from Florida International University. Activities include: JCC and Congregation Beth Israel. Recipient of United Hospital Fund Volunteer Award and Star Awards. (1- 22 -09) Work Study, Texas A &M University - Corpus Christi. Currently a Student at Texas A &M University - Corpus Christi. Activities include: Honors Student Association and Islander Student Environmental Action League. Recipient of Rising Scholar and General UG Scholarships. (5- 16 -08) —4— b. COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING COMMITTEE — Two (2) vacancies with terms to 8 -31 -09 and 8- 31 -10, one (1) must represent the 78415 zip code area. (Since the term ends 8- 31 -09, it is recommended that the appointment 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 Sal Hernandez (78415 Resident) 8 -31 -11 2 -10 -09 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 Jun Boller 11I 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) and Rick Greenfield). (Note: Angela Cantu (78415 Resident) was appointed on February 10, 2009, but she is ineligible to serve on the committee since her employer receives funding from the Community Youth Development (78415) Program Steering Committee.) Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation —5— OTHER INDIVIDUALS EXPRESSING INTEREST Belinda Barrera Substitute Teacher, Corpus Christi Independent School District. Currently attending College. Activities include: Church. (78415 Resident) (2- 22 -08) 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) Katie Aim Childs Student attending Texas A &M- Corpus Christi. Former Community Youth Development (78415) Program Steering Committee Member. (78415 Resident) (5- 21 -08) Lissa Chilton Jeremy Coleman Sherri Darveaux 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 Califomia, Los Angeles. Activities include: Member of National Library Science Honor Society and Local Antiquing Group. (1- 25 -08) Andrea B. Green Rick Greenfield 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) 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) Lorena Huerta Investigator, Texas Department of Family and Protective Services. Received BA in Christian Education from Southwestern AG University. Activities include: Corpus Christi Citizen University, LULAC, and Children's Church Teacher. (2- 18 -08) Patricia Ann Livas Accounting/Billing Clerk, Bay, Ltd. Received Bachelors Degree in Psychology of Organizational Development and Masters Degree in Arts and Administration from University of the Incarnate Word. Activities include: Volunteer with Brown Bag Challenge and Missionary Work with First Baptist Church. (2- 22 -08) Belinda Mendiola Drill Sergeant, Juvenile Justice Bootcamp. Currently Enrolled in College Pursuing BA in Criminal Justice with Education. (78415 Resident) (10- 30 -08) Gerard Navarro Substitute Teacher, Corpus Christi Independent School District. Currently attending Texas A &M- Corpus Christi. (5- 19 -08) Emede Moses Reyes 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) Steve Trubatisky Real Estate Broker Associate, Realty World Island Properties. Attended Tarleton State University, Stephenville, Texas. Activities include: Corpus Christi Association of Realtors. (2- 11 -09) Angelia Valencia 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) —7— c. LEADERSHIP COMMITTEE FOR SENIOR SERVICES - Ten (10) vacancies with terms to 2 -1 -10 and 2 -1 -11 representing the following categories: 3 — Direct Service Agency, 3 — 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 the Senior Companion Program (S.C.P.) Volunteer vacancy 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 Milian A. Martiz (Senior ctr.) 2 -01 -10 3 -21 -06 ** *Kathy Harron (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 Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation —8— (Note: The Leadership Committee for Senior Services is recommending the realignment of the following: Ruth C. Perez (Community at Large) to Direct Service Agency Vickie N. Garza (Community at Large) to Retired and Senior Volunteer Program (R.S.V.P.) Volunteer. Also, the new appointments of the following: Michael Ramsey (Community at Large) Cecilia G. Huerta (Community at Large) Sherri Darveaux (Community at Large) Bethany Rabinowitz (Community at Large) Yaron Rabinowitz (Direct Service Agency) Servando R. Dimas (Senior Center Participant). ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM 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 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) Servando R. Dimas Andrea B. Green Rick Greenfield Cecilia G. Huerta Terence F. Klinger Adelfa M. Martinez 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 and Senior Center Participant) (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) 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 and Direct Service Agency) (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 and Senior Center Participant) (1- 14 -08) -10- Rita Sonia Padron Bethany L. Rabinowitz Yaron Rabinowitz Michael R. Ramsey 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 and Retired and Senior Volunteer Program (R.S.V.P) Volunteer) (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, 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 and Direct Service Agency) (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) —11— d. PARK AND RECREATION ADVISORY COMMITTEE — Two (2) vacancies with terms to 8- 23 -09. (Since the term ends 8- 23 -09, it is recommended that the appointments be for a new two-year term ending 8- 23 -11.) DUTIES: To provide advice on City parks and buildings therein, public outdoor recreation areas and centers and other grounds under its purview by the City Manager. COMPOSITION: Eleven (11) members appointed by the City Council, who are residents of the City and serve without compensation for a two -year term beginning August 23, or until their successor is appointed. The Board elects its Chairman. ORIGINAL MEMBERS TERM APPTD. DATE Hunter Young, Chair 8 -23 -09 5 -18 -04 Rene Richard Gutierrez 8 -23 -10 10 -17 -06 Garrett Dorsey 8 -23 -10 4 -18 -06 Ron Woods 8 -23 -10 6 -17 -08 Lisa Ann Torres 8 -23 -09 6 -17 -08 Kendal Keyes 8 -23 -10 8 -12 -08 ** *Mari Whitworth 8 -23 -09 1 -18 -05 Dr. Jinsun Kim 8 -23 -09 3 -11 -08 Sylvia Samaniego 8 -23 -09 12 -18 -07 Carrie Robertson 8 -23 -10 8 -12 -08 ** *Gregory T. Perkes 8 -23 -09 4 -22 -03 (The Park and Recreation Advisory Committee is recommending the new appointments of Cecilia G. Huerta and Carlos Haney. Also, the committee is submitting the name of John B. Keys as an alternate recommendation.) OTHER INDIVIDUALS EXPRESSING INTEREST Kim Charba Elenita Collins Business Consultant, American Dairy Queen. Received BS from Texas A &M University, College Station. Activities include: Women's Shelter and Children's Miracle Network Telethon. (3 -3 -08) Retired. Graduated from Southern Methodist University. Activities include: Volunteers and Serves on the Board of Govemors at the Art Museum of South Texas. (8 -1 -08) Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation —12— Elisha R. Dickerson III Chairman, Tropical Isles Investment Club. Currently attends Texas A &M- Corpus Christi. Activities include: National Youth Crime Watch of America Member and The Rising Scholar — Texas A &M- Corpus Christi. Past Vice - President of South Texas Hispanic Baptist Youth Encampment. (4 -5 -07) James Doughty Operator, Valero Refining. Received Bachelor of Science from Texas A &M University- Corpus Christi. Activities include: Community Volunteer and Member of CCA and SEA. (3- 24 -08) Jim Espey Retired, Sales/Marketing Director. Received BS Humanics/Psychology. Activities include: YMCA Board/Committees, Yacht Club Director, Private Pilot, Scuba Instructor, and Real Estate. (1 -9 -08) Becky Flores Realtor, USA Freedom Realtors. Received Associate Degree in Computer Programming. Licensed Realtor and Loan Officer. (1- 19 -09) Elizabeth Garza Anthony Gavlik Meredith N. Grant Mary Catherine Handy Administrative Assistant/Executive Assistant, Susser Holdings /Stripes LLC. Activities include: Volunteer for the American Diabetes Association. Nominee for YMCA "Y" Young Woman in Career Award. Formerly a member of the CC Hispanic Chamber of Commerce, Camp Fire Girls Board of Director, and Bishop Garriga Middle School PTO. (1 -5 -09) EIT, Naismith Engineering. Received Bachelor of Science in Civil Engineering from Texas A& M University - Kingsville. Activities include: American Society of Civil Engineers and Texas Society of Professional Engineers. (8 -8 -08) 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) Assistant Branch Sales Manager, IBC Bank. Attended College. Activities include: Corpus Christi Chamber of Commerce, March of Dimes, Buc Days, and Junior Achievement. (2 -9 -09) -13- Carlos Haney Scott Harris Melissa Hofstetter Nick Horak Kevin Horrigan Cecilia G. Huerta Owner, Enlightened Images. Received a B.A. in Communications from Corpus Christi State University. Activities include: Corpus Christi Ad Club and PTO Marketing Committee — Corpus Christi Montessori School. (6- 20 -08) Project Engineer, HDR Engineering. Received B.S. in Civil Engineering. Activities include: United States Navy Reserves, City of Corpus Christi Citizens University Class 03, American Society of Civil Engineers, Girl Scouts of Greater South Texas, and Northwest Pony League. Recipient of United States Navy Commendation Medal — Operation Iraqi Freedom 2005. (12- 28 -07) Owner, Secretarial Solutions. Currently attending Texas A &M University — Kingsville pursuing a degree in social work.. Activities include: Oso Park Neighborhood Association, Court Appointed Special Advocates (CASA), National Honor Society of Social Workers, and Spaulding for Children. (9- 14 -07) IS Manager, Nueces County Appraisal District. Received an AAS, BBA, and MBA. Activities include: Coastal Bend Chapter of The American Society of Public Administrators, Texas Association of Appraisal Districts, National Society of Hispanic MBA's. Awarded Who's Who Among Students in American Junior Colleges and Phi Teheta Kappa. (12- 12 -07) 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) 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. (8- 18 -08) -14- Robert Jacobi Tony Kailas John B. Keys Terence F. Klinger Timothy Lavinghousez, Jr. Billy L. Leddon Gerald Lerma Jerry Lipstreu Retired, Deputy Director of the Port of Corpus Christi. Received a BS from United States merchant Marine Academy, MS in Engineering from University of Connecticut at Storrs, and MBA from University of Texas at Austin. Activities include: Volunteer at Driscoll Children's Hospital. (12- 30 -08) Owner, Visio Residential Properties LLC. Received B.S. in Environmental Science and Range and Agronomy from Hardin - Simmons University, Abilene, Texas. Activities include: Chamber of Commerce Ambassador and Boy Scouts of America. (7- 31 -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) 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) 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) Retired. Received Bachelor of Art from Wichita State University. (9 -5 -07) Technical Services, Hagemeyer North America. Currently enrolled at Del Mar College. Member of Corpus Christi Citizens' University. (3- 19 -07) Area Manager, Kleinfelder. Received BA in Botany from University of Texas, Austin. Activities include: Associated Builders and Contractors Board Member, West Corpus Christi Rotary Member, and Port Aransas Boatmen member. (9- 19 -07) —15— Patricia Ann Livas Accounting/Billing Clerk, Bay, Ltd. Received Bachelors Degree in Psychology of Organizational Development and Masters Degree in Arts and Administration from University of the Incarnate Word. Activities include: Volunteer with Brown Bag Challenge and Missionary Work with First Baptist Church. (2- 22 -08) John Douglas McMullan Professional Engineer, Freese and Nichols, Inc. Received Bachelor Degree in Engineering. Activities include: American Society of Civil Engineers, Water Environment Federation, and St. Pius X School. (1- 21 -09) Richard Miller Jimmy Mitchell RoseMarie Olivarez Leslie Ory Rita Sonia Padron Director, Kantar Operations. Received a Degree in Business. Activities include: CMOR, MRA, and Youth League. (6- 25 -08) Retired Naval Officer Captain, United States Navy. Received Bachelor of Science in Biology from University of Central Oklahoma and Associate of Applied Science from Del Mar College. Activities include: Navy League. (9- 21 -07) Attended College. Activities include: Neighborhood Initiative Program — Model Block Program Leader and Neighborhood Initiative Council. (9 -2 -08) Air Conditioning Repairer, Corpus Christi Army Depot. Activities include: Past Little League President for National Little League and Little League District 23 Director. (6- 18 -07) Acute Dialysis Nurse, Renal Care Group. Received Vocational Nurse Degree from Del Mar Technical School, Certified Hemodialysis Practitioner and Pediatric Vocational Nurse. Activities include. Youth Coach for YMCA and Park and Recreation Boys Basketball Programs, Corpus Christi International Airport Ambassador, Member of RSVP, and Board of Nephrology Examiners Nursing and Technology — Policy and Procedures Chair. Recipient of Leadership Awards with RSVP and Senior Services. (2- 20 -08) Cheryl Capages Peebles Currently working as Freelance Writer. Received degrees from University of Tulsa College of Law, J.D. and University of Missouri School of Journalism, B.J. Activities include: Artist/Harpist for Art Center and Unitarian Universalist Church Choir and Worship Committee. (1- 15 -07) -16- Monica Pena -Moore Randall (Randy) Reed Jo Marie Rios, Ph.D. Don Rucker, Jr. Director of Special Events, Corpus Christi Chamber of Commerce. Activities include: Cub Master, Wednesday Morning Group, Task Force for national Multiple Sclerossis Society, Annual MS150 Ride, Junior Achievement, and Relay for Life with the American Cancer Society. (12 -1 -08) Owner, Outside Dimensions. Received BBA in Finance and Economics from South West Texas State University. Activities include: Chamber of Commerce Board, Corpus Christi Executive Association Board, Ambassador Chairperson Chamber of Commerce, Beautify Corpus Christi, Westside Business Association, and Leadership Corpus Christi Class XXXVI Alumni. (8 -6 -08) Associate Professor, Texas A &M University - Corpus Christi. Received a B.A. in Economics and M.A. in Economics from St. Mary's University, San Antonio, Texas and Ph.D. in Political Science and Public Administration from University of Oklahoma. Recipient of the 2006 Affordable and Fair Housing Award from the Coastal Bend Council of Governments. (2- 19 -08) Owner, Storecraft, Inc. Attended College. (12- 10 -07) Enrique M. Salinas Retired. Over Twenty Years of Military Service. Activities include: NIP for Chula Vista Area. (9- 26 -07) Abel Sanchez City Carrier, United States Postal Service and Construction Contractor. Attended College. Activities include. Volunteer Counselor and Facilitator for Alcohol and Drugs Coastal Bend and Veterans Center. (3- 13 -08) Bill Shearer Marcella Taylor Michael Tromm Pastor, The Rock and Salesman, Delta Tire. Attended Lincoln Technical Institute and Howard Payne University. Activities include: Freemason. (2- 18 -08) Graduate from the University of Texas. Activities include: Former Member of the City Recycling Committee and Trustee and Volunteer of the Art Museum of South Texas. Recipient of Service Award for the Junior League. (8 -4- 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) -17- Steve Trubatisky Timothy Weitzel Real Estate Broker Associate, Realty World Island Properties. Attended Tarleton State University, Stephenville, Texas. Activities include: Corpus Christi Association of Realtors. (2- 11 -09) Attended San Jose City College, San Jose, California. Activities include: Webmaster, Baritone for Area 52 Barbershop Quartet, and Bible Class. (7 -7 -08) —18— e. PLANNING COMMISSION — One (1) vacancy with term to 7- 31 -10. DUTIES:To make and amend a master plan for the physical development of the City; to recommend to the City Council approval or disapproval of proposed changes in the zoning plan; to exercise control over platting or subdividing land within the corporate limits of the city and within an area extending five miles beyond the City limits; to submit annually to the City Manager not less than 90 days prior to the beginning of the budget year a list of recommended capital improvements which in the opinion of the commission are necessary or desirable during the forthcoming 5 year period; to require information from other departments of the City government in relation to its work; to be responsible to and act as an advisory body to the City Council and to perform such additional duties and exercise such additional powers as may be prescribed by ordinance of the City Council. COMPOSITION: Nine (9) members which shall consist of nine registered voters of the City appointed by the City Council. Elects its own chairman from among its membership at the first regular meeting in August of each year. ORIGINAL MEMBERS TERM APPTD. DATE Mark Adame 7 -31 -11 7 -08 -08 Rudy Garza, Vice -Chair 7 -31 -09 2 -22 -05 Johnny R. Martinez 7 -31 -11 7 -12 -05 James Skrobarczyk, Sr. 7 -31 -11 7 -12 -05 A. Javier Huerta 7 -31 -10 7 -26 -05 John C. Tamez 7 -31 -09 8 -22 -06 Evon J. Kelly 7 -31 -09 7 -11 -06 Govind B. Nadkarni 7 -31 -10 7 -10 -07 *David Loeb 7 -31 -10 7 -10 -07 (Note: Per the City Charter, David Loeb is ineligible to serve due to his candidacy for City Council) INDIVIDUALS EXPRESSING INTEREST Karen Anderson Richard Bailey Teacher, Robstown Independent School District. Received BBA in Finance from Texas State University, San Marcos, Texas. (9 -8 -08) Lean Practitioner, E.I. Dupont Chemical. Received BBA and MBA from Texas A &M University of Corpus Christi. Activities include: Former Transportation Advisory Committee — Vice Chair. (3- 25 -08) Legend. *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation —19— Scot McCambell Barker Financial Advisor, Edward Jones Investment. Received Bachelor of Science in Kinesiology with Minor in Sociology from Texas Lutheran University. Activities include: Westside Business Association, Christian Business Association, and Art Museum of South Texas. Recipient of 2008 Mayor's Community Service Award. (2- 3-09) Erica Graeber Bowen Human Resource Specialist, United States Coast Guard. Received A.S. in Business and B.S. in Business Management from University of Phoenix. (2- 12 -09) Angela Cantu Executive Assistant, YWCA of Corpus Christi. Received Bachelor of Arts Degree from Texas A &M University- Corpus Christi. (8- 11 -08) Gene Clancy Design Resource Manager for Construction, Susser Holdings Corporation. Attended Houston Community College. Activities include: National Association of Convenient Stores, Petroleum Equipment Institute, Industry Council on the Environment, and Committee for Clean Texas in Austin- Texas Commission on Environmental Quality. Former Board of Adjustments — Chair. (6- 23 -08) Matthew Colmenero Recent High School Graduate. Activities include: Hispanic Leadership Opportunity Program. Former High School Debate Team President, District Champion in International Politics Extemporaneous Speaking, and Three year National Qualifier in Student Congress Senate for the NFL. (6- 10 -08) James Doughty Mark A. Flores Andrea B. Green Operator, Valero Refining. Received Bachelor of Science from Texas A &M University - Corpus Christi. Activities include: Community Volunteer and Member of CCA and SEA. (3- 24 -08) Organizer, I.B.E.W. Local #278. Attended Electrical Apprenticeship Program. Activities include: Coastal Bend Labor Council and Volunteer for Habitat for Humanity. (7- 18-07) 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) -20- Paul Grivich Chris Hamilton Scott Harris Tony Kailas Owner, Grivich Research Company. Received BS in Political Science, Sam Houston State University. Activities include: Former Member of Board of Adjustment, Former Member of Hispanic Chamber of Commerce and Former Member of Nueces County Tax Appraisal District. (2 -13- 08) 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) Project Engineer, UDR Engineering. Received B.S. in Civil Engineering. Activities include: United States Navy Reserves, City of Corpus Christi Citizens University Class 03, American Society of Civil Engineers, Girl Scouts of Greater South Texas, and Northwest Pony League. Recipient of United States Navy Commendation Medal — Operation Iraqi Freedom 2005. (12- 28 -07) Owner, Visio Residential Properties LLC. Received B.S. in Environmental Science and Range and Agronomy from Hardin - Simmons University, Abilene, Texas. Activities include: Chamber of Commerce Ambassador and Boy Scouts of America. (7- 31 -08) John Douglas McMullan Professional Engineer, Freese and Nichols, Inc. Received Bachelor Degree in Engineering. Activities include: American Society of Civil Engineers, Water Enviromnent Federation, and St. Pius X School. (1- 21 -09) Mary A. "Linda" Moya Human Services Tech., Texas Department of Family and Protective Services. Attended Del Mar College and has a real estate license. Received a Certificate of Appreciation from TXDFP and from Nueces Child Welfare Foundation. (9- 12 -07) 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. (11- 10 -08) -21- Rosa E. Pizzi Justin Poses Rachel Hasette Ramos David J. Stevens John S. Taylor Jerry J. Trevino Steve Trubatisky John T. Tucker Jonathan Wagner CEO/Executive Director, Corpus Christi Metro Ministries, Inc. Received B.A. in English and M.A. in Economics from St Mary's University, San Antonio, Texas. (2 -9 -09) President, J.P. Global Investments, Inc. Attended College at Texas A &M University - Corpus Christi. Activities include: Member of the Corpus Christi Chamber of Commerce and the Hispanic Chamber of Commerce. (6- 11-08) Manager, Wahoo Motors, Inc. Received an Associates Degree from Del Mar College. Attended Texas A &M University - College Station and University of Houston. (6- 29-07) Roofing Consultant, Pinnacle Roofing. Received BS from University of Minnesota Graduate School of Theology. Activities include: Gateway Church Youth Group and Praise Church Tabernacle. (4- 10 -08) President, Associated Builders and Contractors. Received B.S. and M.A. from Texas A & M University. Activities include: Associated General Contractors, C.C. Rotary Club, and the C.C. Mustangs. Current Chair of the Building Code Board of Appeals. (4- 17 -08) Attorney, Law Firm of Jerry J. Trevino, P.C. Received B.S. in Business Management, B.S. in Engineering and J.D. in Law. Activities include: Knights of Columbus, Little League Board, and various legal organizations. (9- 21 -07) Real Estate Broker Associate, Realty World Island Properties. Attended Tarleton State University, Stephenville, Texas. Activities include: Corpus Christi Association of Realtors. (2- 11 -09) Owner, John Tucker Homes. Attended Corpus Christi State University and University of Texas in Austin. Activities include: Member of Unified Development Codes, board of director for National Association of Home Builders, and Past President of Builders Association of Corpus Christi. (9- 24 -07) Consultant, NeighborWorks America. Received MBA — Business Management. Activities include: Secretary of Homeless Issue Partnership and Chairman Elect of the Coastal Bend Council of Governments Advisory board. Former Administrator for Community Development for City of Corpus Christi, 2003 -2006. (5- 29 -07) —22— Marsha Williams Realtor, Re/Max Metro Properties. Received B.A. in Business from Texas A & I University Kingsville. Active member of the Kiwanis Club and the Re/Max Lifetime Hall of Fame. (9 -5 -07) -23- 2 CITY COUNCIL AGENDA MEMORANDUM Date: 02/24/2009 AGENDA ITEM: Resolution authorizing the submission of a grant application in the amount of $68,491 to the State of Texas, Office of the Governor, Criminal Justice Division for Year One funding of a Sex Offender Investigative Unit grant in the Police Department with a City match of $7,745, for a total grant application of $76,236, and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant , and declaring an emergency ISSUE: Funding is available through the Criminal Justice Division and City Council must approve submission of the application and matching funds. REQUIRED COUNCIL ACTION: Approval to submit the grant application FUNDING: The State is asked to provide $68,491 for the salary and fringe benefits for two civilian positions. The Police General Fund provides $7,745 equipment and supplies. The grant period runs from October 1, 2009 - September 30, 2010. CONCLUSION AND RECOMMENDATION: Staff recommends passing the resolution approving submission of the grant application to the Office of the Govemor, Criminal Justice Division. M. J. Walsh Acting Chief of Police -27- BACKGROUND INFORMATION The Corpus Christi Police Department is requesting funds to reinstate the Sex Offender Investigative Unit with one civilian investigator and one Senior Staff Assistant within the Criminal Investigation Division. The unit was funded for only one year in 0708 and not in 0809. We are requesting the grant be reinstated in 0910 for the full 5 year funding cycle. The unit addresses compliance violations of Chapter 62 of the Code of Criminal Procedure — the Sex Offenders Registration Program. The investigative unit would significantly strengthen the Corpus Christi Police Department (CCPD) Criminal Investigations Division's (CID) capabilities to investigate and manage the compliance of current and future sex offenders through centralized follow -up enforcement and real - time intelligence management activities. With the addition of two full -time civilian employees, the Criminal Investigation Division of the Corpus Christi Police Department would boost efficiency in researching and investigating sex offender compliance issues and handling future case loads. The analyst conducts any necessary research on the history of out -of- compliance sex offenders as well as originates and manages all paperwork associated with each sex offender case. The efficiency of CID detectives is greatly enhanced by having the Intelligence Analyst as a centralized support person who assists with assigned sex offender cases. Research and follow -up enforcement is centralized, while on -site investigations continue to be handled by CID detectives. The Senior Staff Assistant maintains the Web -based and local sex offender databases by streamlining accurate and timely entries /updates. Having a civilian investigator responsible for doing the desk investigations and paperwork that supports the detectives' work greatly enhances the department's efficiency and reduces the time required by each detective to close a case. Reducing investigation time also enables the detective more opportunity to work directly with the District Attorney's Office to focus on active and repeat offenders. Compliance checks would occur at least annually, all outstanding cases would be assigned, and future backlogs of cases would be eliminated. In summary, the capacity of the CCPD to handle sex offender enforcement actions would nearly double. —28— Sex Offender Investigative Unit 09/10 Category CJD Grantee In -Kind Total Personnel: total $ 68,491 $ - $ - $ 68,491 Management Asst - 100% of time $ 29,011 $ - $ - $ 29,011 Fringe Benefits: retirement, insurance $ 10,750 $ - $ - $ 10,750 Sr Staff Assistant - 100% of time $ 20,060 $ - $ - $ 20,060 Fringe Benefits: retirement, insurance $ 8,671 $ - $ - $ 8,671 Professional and Contractual $ - $ 200 $ - $ 200 Travel and Training $ - $ - $ - $ - Equipment $ - $ - $ - $ - Supplies $ - $ 7,545 $ - $ 7,545 Total Direct Charges $ 68,491 $ 7,745 $ - $ 76,236 TOTAL $ 68,491 $ 7,745 $ - $ 76,236 90% 10% Fringe Benefits on Mgt Asst Grade 918 S 29,011 Local Texas Municipal Retirement System 15.58% $ 4,520 FICA 7.65% $ 2,219 Insurance $ - $ 4,011 Total CJD $ 10,750 Fringe Benefits on Sr. Staff Asst Grade 912 $ 20,060 $ - $ - Texas Municipal Retirement System 15.58% $ 3,125 FICA 7.65% $ 1,535 Insurance $ - $ 4,011 Total Total $ 8,671 Total Fringe Benefits $ 7,545 S 19,420 7,745 Diane Berry Brenda Rodriguez update with current TMRS % rate FICA remains the same 10% increase from previous update with current TMRS % rate FICA remains the same 10% increase from previous Professional/Contractual Services CJD Local Total Certified fees for paperwork Total $ - $ - $ 200.00 $ 200.00 $ 200.00 $ 200.00 B. Communications $ - $ - $ - Travel and Training CJD Local Total 2. Computer Rental ($75.83 x 12 x 2) $ - $ - $ - $ - $ - $ - Total $ - $ - $ - Equipment CJD Local Total A. Office supplies $ - $ - $ - B. Communications $ - $ - $ - Total $ - $ - $ - Supplies CJD Local Total A. Office supplies $ - $ 2,000 $ 2,000 B. Communications $ - $ - $ - 1. Cellular phone airtime ($50 x 12) $ - $ 600 $ 600 2. Computer Rental ($75.83 x 12 x 2) $ - $ 1,820 $ 1,820 C. Fuel and maintenance on vehicle $ - $ 3,125 $ 3,125 $ - $ - $ - Total $ - $ 7,545 $ 7,545 25% increase from previous 2/9/2009 J: \051205 \GRANTS\Sex Offender Grant\BUDGET -Sex Offender Investigative Unit 0910 -29- eGrants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE !!!) Page 1 of 7 I Print This Page j Agency Name: Corpus Christi Police Department Grant/App: 2146201 Start Date: 9/1/2009 End Date: 8/31/2010 Project Title: Sex Offender Investigative Unit Status: Application Pending Submission Narrative Information Introduction The Narrative section is the description of your project. It is important that the information you provide about your project is clear and as concise as possible. Note: All applicants must certify to the eligibility requirements spedfic to the fund source. The minimum requirements to complete this page are the Program Requirements, Problem Statement, Supporting Data, Goal Statement, and Project Summary sections. We recommend that you complete any sections applicable to your project to assist In the application review process. Click on the Save and Continue button at any time to save the information entered on this page. If you do not click on this button and navigate away from the page, your work will be lost. When you click the Save and Continue button, you may receive several error messages that instruct you to complete the required fields. Your data on any given tab will not save to the system until all required fields are complete and correct. In addition, you have a 2 -hour time limit for each tab where you will need to complete the information correctly and then click the Save and Continue button. There is a timestamp in the upper -right hand corner of the page that notes when you first clicked on the tab. From that point, you have 2 hours to complete the information on that tab correctly. If you do not complete the information correctly (for the required fields) and then you click on the Save and Continue button, you will be redirected to the eGrants Home Page. If this happens, your data will not be saved in the system. You may also choose to compose a message on this page for CJD to review. This can be done by typing in the Notes By Grantee / CJD message box. Getting Started On this tab you will notice a certain icon that is displayed. • 4) = an information icon - this help icon is next to certain items that may need further explanation. Simply click and review the information provided in the pop up window. Primary Mission and Purpose The State Criminal Justice Planning (421) Fund supports programs designed to reduce crime and improve the criminal or juvenile justice system. Funding Levels The anticipated funding levels for the Fund 421 program are as follows: • Minimum Award - None • Maximum Award - None • The Fund 421 program does not require a grantee to provide matching funds. For more information regarding grantee match, please click on the Budget tab, and then click on the Source of Match tab in eGrants. Note: If you voluntarily Include matching funds that exceed the minimum match requirement, you will be held to that amount throughout the grant period. Juvenile Justice Program Requirements Preferences for Juvenile Justice - Preference will be given to applicants who demonstrate cost effective programs focused on a comprehensive and effective approach to services that compliment the Governor's strategies. Juvenile Justice Board Priorities - Juvenile justice projects or projects serving delinquent or at -risk youth will address at least one of the following priorities developed in coordination with the Governor's Juvenile Justice Advisory Board to be eligible for funding. https: / /cj donline.govemor. state. tx. us / project /GranthintabWBummary. aspx ?PrintCode= 4 &gh= E8- 53- 10 -8... 2/12/2009 eGrants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE !!!) Page 2 of 7 Prevention and Early Intervention at First Offense - Fund programs or other Initiatives designed to positively impact youth prior to their involvement in the juvenile justice system or at their first offense and divert them from a path of serious, violent and chronic delinquency. Programs may include support for school resource officers, alcohol and substance abuse education, mentoring and after - school programs. Disproportionate Minority Contact (DMC) - Decrease DMC, which exists if minority youth have a higher rate of contact with the juvenile justice system than do non - Hispanic white youth. Fund programs or other initiatives designed to address the disproportionate number of juvenile members of minority groups who come into contact with the juvenile justice system. Gang Prevention and Intervention - Fund programs that address issues related to juvenile gang activity and the recruitment of juvenile members. These issues Include information sharing and prevention and intervention efforts directed at reducing gang - related activities. Specialized Treatment Services - Fund programs that address the use and abuse of Illegal substances, prescription and non - prescription drugs and alcohol. Counseling and professional therapy may also be provided to sex offenders and youth with anger management issues. Juvenile Justice System Impact - Fund programs designed to impact offender accountability or improve the practices, policies or procedures within the juvenile justice system including rehabilitating and educating youth who have been involved in the juvenile justice system so that future involvement In criminal activity is deterred. Victim Assistance Program Requirements Preferences for Victim Assistance - Preference will be given to applicants that promote comprehensive victim restoration while incorporating an emphasis on cultural competency In underserved populations. Applicants are also encouraged to streamline administrative and reporting processes by consolidating grant requests whenever possible In lieu of submitting multiple applications. Culturally Competent Victim Restoration - Applicants agree to promote collaboration and coordination among local service systems that involve multiple disciplines and support a seamless delivery of a continuum of services that focus on each individuals retum to full physical, mental, and emotional health while incorporating an emphasis on cultural competency in underserved populations. An example of this type of approach Is advocacy, law enforcement, prosecution, and other government and non - government services working together In a professional environment of cooperation and respect among service providers. Provide a detailed description of how multiple disciplines within your community (city, county, district, etc.) fit into the restoration process, or enter 'N /A' If Victim Assistance does not apply to this project. N/A Criminal Justice Program Requirements Preferences for Criminal Justice Projects - Preference will be given to applicants that support law enforcement activities, prosecution and improvements to technology. Prohibition on Serving Certain Adult Offenders - Applicants will not serve adult offenders charged with, given deferred adjudication for, or convicted of violent or other serious crimes Including murder, arson, robbery, sexual assault, aggravated sexual assault, burglary, felony drug crimes, crimes against children, kidnapping, aggravated kidnapping, and manslaughter, unless the executive director of CJD grants an exception. Eligible Activities - Applicant assures that Its proposed project meets at least one of the following areas to be eligible for funding: • Law Enforcement - Supports state and local law enforcement agencies that address violent crime or statistically supported major crime initiatives at the local level. Law enforcement agencies applying for equipment only or agencies applying to provide law enforcement training must apply under this program area unless they are seeking to purchase or enhance technology. • Prosecution and Court - Programs that improve the prosecution of serious and violent crimes, including those that reduce the time from arrest to disposition. • Technology - Programs that implement or expand a law enforcement agency's ability to report and analyze crime. Applicant assures that any criminal intelligence databases developed under this program will comply with 28 CFR Part 23. • Drug Treatment - Programs that target substance abuse treatment for juveniles or adults who have been court ordered to participate, including drug courts and projects that serve as alternatives to incarceration. Note: Drug Courts are not eligible under the Drug Treatment activity area. Criminal Justice Projects Pro gram Income - Applicant agrees to comply with all federal and state rules and regulations for program income and agrees to report all program Income that is generated as a result of the project's activities. Applicant agrees to report program Income to CJD through a formal grant adjustment and to secure CJD approval prior to use of the program income. Applicant agrees to use program Income for allowable costs and agrees to expend program income immediately after CJD's approval of a grant adjustment and prior to requesting reimbursement of CJD funds. • Deduction Method - Program income shall be deducted from total allowable costs to determine the net allowable costs. Program income shall be used for current costs unless CJD authorizes otherwise. Program income which the grantee did not anticipate at the time of the award shall be used to reduce the CJD award and grantee match rather than to Increase the funds committed to the project. https: / /cjdonline.govemor. state .tx.us /project/GrantPrintablg 1ummary. aspx ?PrintCode= 4 &gh= E8- 53- 10 -8... 2/12/2009 eGrants - Project Summary (MAKE SURE YOU ULUSt 1nnS PAVE !!!) rage or / • Asset Seizures and Forfeitures - Program income from asset seizures and forfeitures is considered earned when the property has been adjudicated to the benefit of the plaintiff (e.g., law enforcement entity). Uniform Crime Reporting - Applicant assures that they are current and will maintain timely reporting of required crime data to the Texas Department of Public Safety, have been current for the three previous years, and will continue reporting throughout the grant period. Criminal History Reporting - Applicant assures that they are currently reporting and will maintain timely reporting of all information required under the Texas Code of Criminal Procedure, Chapter 60. Constitutional Compliance - Applicant assures that they will engage in no activity that violates Constitutional law including profiling based upon race. Information Systems - Applicant assures that any new criminal justice information systems will comply with data sharing standards for the Global Justice XML Data Model and the National Information Exchange Model. RESERVED FOR CJD USE ONLY §§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§ § § § § § § § § § § § § § § § § § § § § § § § § § § § § § §§ The entire Drug Court Program Requirements section is reserved for future use. All applicants should proceed to the Civil Rights Liaison section. §§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§ § § § § § § § § § § § § § § § § § § § § § § § § § § § § § §§ Drug Court Program Requirements Drug Court programs that provide court- supervised substance abuse treatment as an alternative to traditional criminal sanctions, as defined in Chapter 469 of the Texas Health and Safety Code must incorporate the following ten (10) essential characteristics of drug courts noted below and codified in Texas Health and Safety Code §469.001 to be eligible for funding: Ten Essential Characteristics Integration of Services - The integration between alcohol and other drug treatment services in the processing of cases in the judicial system. Non - Adversarial Approach - The use of a non - adversarial approach involving prosecutors and defense attorneys to promote public safety and to protect the due process rights of program participants. Prompt Placement - Early identification and prompt placement of eligible participants in the program. Access - Access to a continuum of alcohol, drug, and other related treatment and rehabilitative services. Abstinence Monitoring - Monitoring of abstinence through weekly alcohol and other drug testing. Compliance Strategy - A coordinated strategy to govern program responses to participants' compliance. Judicial Interaction - Ongoing judicial interaction with program participants. Evaluation - Monitoring and evaluation of program goals and effectiveness. Education - Continuing interdisciplinary education to promote effective program planning, Implementation, and operations. Partnerships - Development of partnerships with public agencies and community organizations. General Approaches • Pre - adjudication - The defendant is diverted to the treatment program in lieu of prosecution before charges are filed or before final case. • post - adjudication - The drug offender begins the drug court program after entering a plea of guilty or nolo contendere or having been found guilty, often as a condition of probation. • Reentry - Offenders completing sentences of Incarceration or lengthy terms of residential treatment are ordered into the treatment program to facilitate their transftionand reintegration into society. • Civil - Participants enter the drug court program In relation to suits affecting the parent -child relationship, child welfare / CPS cases, child support cases, or other civil matters. Select the general approach(es) this drug court fill follow below. Select all that apply: _ Pre - adjudication hops: / /cjdonline.govemor. state. tx. us / project/ GrantPrintableSummary. aspx ?PrintCode= 4 &gh= E8- 53- 10 -8... 2/12/2009 —32— eGrants - Project Summary (MAKE SURE YOU ULUSK flits PAUL, !!!) rage 4 or / _ Post- adjudication _ Reentry Civil X N/A Observation — The drug court team (judge, prosecutor, defense counsel, treatment provider, supervision officer, court coordinator, etc.) of a new program must observe at least one drug court staffing session and hearing, in Texas, prior to program implementation. Policies and Procedures — The drug court will develop and maintain written policies and procedures for the operation of the program. Information Sharing — The applicant will submit a copy of any project evaluations, evaluation plans, recidivism studies, or related reports that are completed during the grant period to OD. Jurisdiction - Provide the name of the court administering the Drug Court program (e.g., 999th Judicial District Court, Somewhere County Criminal Court or City of Somewhere Municipal Court). If this has not been decided enter To Be Determined', or enter 'N /A' if this item does not apply. N/A Drug Court Date - If the Drug Court has commenced operations, provide the date that this Drug Court was established. Enter the date [mm /dd /yyyy]: Drug Court Type • Adult - Programs serving adults (either pre - adjudication, post - adjudication, or reentry). • Family - Programs serving parents who enter the drug court in relation to suits affecting the parent -child relationship, including child welfare / CPS cases, child support cases, or other civil matters. • Juvenile - Programs serving juveniles (either pre- adjudication, post - adjudication, or reentry). Select the type of drug court that will be operated: _ Adult _ Family _ Juvenile X N/A Will the drug court accept DWI offenders? Select the appropriate response: _ Yes _ No X N/A Presiding Judge - The presiding judge of a drug court funded with Drug Court funds must be an active judge holding elective office or a master. Persons eligible for appointment may not be a former or retired judicial officer. Is the presiding judge of the drug court an active judge holding elective office or a master? Select the appropriate response: _ Yes _ No X N/A Enter the name of the Presiding Judge for the Drug Court. If this has not been decided enter 'To Be Determined', or enter 'N /A' If this item does not apply. N/A Enter the name of the Drug Court Coordinator. If this has not been decided enter To Be Determined', or enter 'N /A' if this Item does not apply. WA Note: The Drug Court Coordinator usually monitors the operation of the Drug Court, supervises Drug Court staff, participates In Drug Court judicial staff meetings, prepares and oversees Drug Court contracts with service providers, maintains data on Drug Court operations, and communicates with legal staff, government officials, social service agencies, and the public regarding matters of the Drug Court. Has the drug court ever applied for federal funding? Select the appropriate response: _ Yes _ No X N/A Has the drug court ever received federal funding? https: / /cj donline. govemor.state.tx. us/proj ect/GrantPrintablgSummary. aspx ?PrintCode= 4 &gh= E8- 53- 10 -8... 2/12/2009 e(irants - Project Summary (MAKE S(JKb YUU ULUSt, 1tUS YAut. !!!) rage) or r Select the appropriate response: _ Yes _ No X N/A If you selected Yes above, provide the federal award amount, grant period [mm /dd /yyyy to mm /dd /yyyy], and explain how OD funds will be used to support or expand the project and not replace existing funds. Enter the federal funding description: N/A END RESERVED AREA Civil Rights Liaison A civil rights liaison who will serve as the grantee's civil rights point of contact and who will be responsible for ensuring that the grantee meets all applicable civil rights requirements must be designated. The designee will act as the grantee's liaison in civil rights matters with OD and with the federal Office of Justice Programs. Enter the Name of the Civil Rights Liaison: Cynthia Garcia Enter the Address for the Civil Rights Liaison: P.O. Box 9277 Corpus Christi, TX 78469 Enter the Phone Number for the Civil Rights Liaison [(999) 999 - 9999]: 361 - 880 -3300 Certification Each applicant agency will certify to the specific criteria detailed above under Program Requirements for Juvenile Justice, Victim Assistance, Criminal Justice, and (if applicable) Drug Court Program Requirements to be eligible for funding under the State Criminal Justice (421) Fund Program Solicitations. X I certify to all of the above eligibility requirements. Problem Statement: Please provide a detailed account In the Problem Statement section of the existing issues your project will target. Enter your problem statement: CCPD CID needs to expand it's capability to investigate and manage the compliance of current and future sex offenders through centralized research and tracking that provides real time intelligence and follow -up enforcement. Problem 1: Data available to the CCPD CId relating to sex offender violations is backlogged and out of date. Sweeps of sex offenders are based on inaccurate data. Web -based and local databases associated with sex offenders are not kept up to date in a timely manner due to lack of personnel time. Problem 2: CID detectives are given the additional assignment of researching and investigating sex offenders suspected of compliance violations. These duties are added to an already full caseload. Research prior to the actual site visit is timely and paper intensive. Additionally, because the research for each sex offender is widely varied and usually specific only to that one case, it consumes even greater time. With cases already doubled by these addictional assignments, efficiency and closure by CID detectives has been substantially diminished. Strengthen capabilites for thorough investigations within CID would increase the number of cases being investigated and the number of felony charges being filed at the District Attorney's Office. Supporting Data: Provide as much supporting data, to Include baseline statistics and the sources of your data, which are pertinent to where the grant project is located and /or targeted. Do not use statewide data for a local problem or national data for a statewide problem. Enter your supporting data: This proposal presents a cost - effective approach for the Corpus Christi Police Department to address compliance violations of chapter 62 of the Code of criminal Procedure, The Sex Offenders Registration Program. Establishing a "Sex Offender Investigative Unit" (SOIU) within the CCPD CID boosts investigative effeciency and the management of both the research and reporting functions. The end result of this program is that strengthened proactive enforcement will enhance our interdiction efforts of these documented violent offenders. This program helps CCPD better assist the criminal justice system for the Coastal Bend region. Additionally this program addresses five of 17 community objectives of the Nueces County Comprehensive Plan. History: In 2008 CCPD registered over 872 sex offenders and worked over 102 Failure to Register cases involving sex offenders. 20% of the cases were filed at the District Attorneys Office. As of April 11, 2007, 683 sex offenders had registered residences within Corpus Christi. Additionally, a December 2006 compliance sweep of registered sex offenders revealed that 180 of those offenders were out of compliance (i.e. not registered to the address where the sex offender last reported s /he lived). Sex offender registrations have been ever increasing since the 1990's. On September 1, 1991, the State of Texas began mandating registration of sex offenders with the adoption of Chapter 62 of the Code of Criminal Procedure: Sex Offenders Registration Program. This initial statute was https: / /cjdonline.govemor. state. tx. us / project /GrantPrintabe4 ummary. aspx ?PrintCode= 4 &gh= E8- 53- 10 -8... 2/12/2009 eGrants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE !!!) Page 6 of 7 restrictive, and only 11 offenders in the City of Corpus Christi were required to register with the CCPD. Over the years, the Texas Legislature expanded registration requirements. The number of sex offenders presently registered in the City grew to 743..Although the registration and expected follow -up and enforcement responsibilities grey./ steadily, the Texas Legislature never provided any additional funding for this mandate. CCPD's Uniform Division and CID has continuously restructured and reorganized existing personnel to meet State mandates; however, it is now apparent that a new approach must be embraced. From 1991 to 2000, very few offenses of Failure to Comply with Registration as a Sex Offender were reported. However, in 2001 the increased case load became apparent. The Web -based database and a focus on checking for compliance by Uniformed Division Patrol Officers soon began to overload the CID, the department ultimately responsible for filing sex offender compliance cases with the District Attorney's Office. The number of offenses reported as Failure to Comply with Registration as a Sex Offender increased from 0 in 1991 to 114 in 2001. Since 2001, detectives within CID, already charged with full caseloads investigating serious crimes against persons, were charged with the added responsibility of tracking cases of Failures to Comply with Registration as a Sex Offenders. These new cases nearly doubled each officer's investigative assignments. As shown in Figure 1, the strain of these additional assignments has steadily increased over the years, from 114 cases assigned in 2001 and to a peak of 344 in 2005. CCPD's Forensics Division has managed entries into the Web database and the updates to the local sex offenders' registration database. Over just the last three years, the average number of sex offender cases that required registration was 647 per year. Of these cases, an average of 20% is prosecuted if the suspect is not a family member, and 80% are prosecuted if the suspect is a family member. In 2006, for example, with more stringent reporting requirements, the number of offenders reporting on a daily basis has grown, the number of offenders moving in and out of the area has grown, and the number of reports of local changes of addresses has grown. As these registration numbers have increased, so has the need to centralize and streamline maintenance and updating activities for these four databases. These databases include the Sex Offender Data Base, CCPD website, I -Leads and Department of Public Safety. Community Plan: For projects that have a local or regional impact target area, provide information regarding the community plan need(s) that your project will! address. Enter your community planning needs: The CCPD actively participated in the development of the "Nueces County Comprehensive Community Plan" and is committed to its full implementation. By combining existing resources within the CCPD with a new SOIU, implementation of this CJD 421 proposal would correlate with five of the 17 "community Objectives" stated in Section IIA of the Community Plan. Specifically, implementation of a SOIU within CCPD's existing CID helps: a) Reduce violent crime on a long term basis by promoting prevention and intervention strategies; b)enforce current laws and modify legislation to reflect public safety concerns; c) provide appropriate punishment and rehabilitation of offenders through a swift, creative, and responsive justice system for first time and habitual offenders; d) reduce incidence of child abuse, neglect, sexual abuse, and exploitation; and e) fully utilize and enhance existing community resources through collaborative planning and funding efforts. The SOIU is an innovative and cost - effective supplement to the existing resources of the CCPD that supports law enforcement and community policing and the criminal justice system in order to build a safer community for the citizens of Corpus Christi and Nueces County. Goal Statement: Provide a brief description of the overall goals and objectives for this project. Enter a description for the overall goals and objectives: Goals and Objectives of CCPD's Sex Offender Investigative Unit: Goal 1 Increase the overall efficiency of the CCPD's management of sex offenders by centralizing responsibility for sex offender follow -up compliance activities. Objective A Conduct at a minimum one annual compliance check of all known sex offenders. Objective 6 Increase complaince checks to two compliance checks annually Objective C Follow up and decrease the number of absconder sex offenders. Goal 2 Double the annual capacity of the CCPD's enforcement actions regarding sex offenders. Objective A Increase the number of new sex offender investigations during the grant period from 102 to 150 cases.Objective B Assign 102 outstanding sex offender cases that are not currently assigned. Objective C Assign new sex offender cases (estimated at an average rate of 20 cases per month) on a real -time basis, thus preventing future sex offender case backlogs. Objective D Increase the number of felony cases filed with the District Attorney's Office Cooperative Working Agreement (CWA): When a grantee intends to carry out a grant project through cooperating or participating with one or more outside organizations, the grantee must obtain authorized approval signatures on the cooperative working agreement (CWA) from each participating organization, Grantees must maintain on file a signed copy of all cooperative working agreements, and they must submit to OD a Ilst of each participating organization and a description of the purpose of each CWA. Cooperative working agreements do not involve an exchange of funds. For this project, provide the name of the participating organization(s) and a brief description of the purpose(s) for the CWA(s). You should only provide information here that this project's successful operation is contingent on for the named service or participation from the outside organization. Note: A Sample CWA Is available here for your convenience. Enter your cooperating working agreement(s): Adult Parole Department, Purpose is to increase public safety. Adult Probation Department, Purpose is to increase public safety. Department of Public Safety, Purpose to increase public safety. Nueces County Sheriffs Office, Purpose to increase public safety. District Attorney's Office, Purpose to increase public safety. Continuation Projects: For continuation projects only, if your current or previous year's project is NOT on schedule in accomplishing the stated objectives, briefly describe the major obstacles preventing your organization from successfully reaching the project objectives as stated within your previous grant application. (Data may be calculated on a pro-rated basis depending on how long the current or previous year's project has been operating.) Enter your current grant's progress: Not Applicable https: / /cjdonline.govemor. state. tx. us / project /GrantPrintabll ummary. aspx ?PrintCode= 4 &gh= E8- 53- 10 -8... 2/12/2009 eGrants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE !!!) Page 7 of 7 Project Summary: Briefly summarize the entire application, Including the project's problem statement, supporting data, goal, target group, activities, and objectives. Be sure that the summary Is easy to understand by a person not familiar with your project and that you are confident and comfortable with the information if it were to be released under a public information request. Enter your summary statement for this project: To significantly boost efficiency in researching and investigating sex offender compliance issues and handling future case loads. Research and follow -up enforcement would be centralized, while on -site investigations would continue to be handled by CID detectives. Support of the District Attorney's Office targeting active and repeat offenders would be significantly strengthened. Management of the Web -based and local sex offender databases would be handled with greater accuracy and in a more timely fashion. Compliance checks would occur at least annually, all outstanding cases would be assigned, and future backlogs of cases would be eliminated. In summary, the capacity of the CCPD to handle sex offender enforcement actions would nearly double. Thus the capacity of CCPD to praactively handle sex offender enforcement actions and file felony cases would make the Coastal Bend region a safer place for its families and citizens. You are logged in as User Name: peldridge https: / /cj donline. governor. state.tx.us/proj ect/GrantPrintabJ,e,$ummary. aspx ?PrintCode= 4 &gh= E8- 53- 10 -8... 2/12/2009 RESOLUTION AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION IN THE AMOUNT OF $68,491 TO THE STATE OF TEXAS, OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION FOR YEAR ONE FUNDING OF A SEX OFFENDER INVESTIGATIVE UNIT GRANT IN THE POLICE DEPARTMENT WITH A CITY MATCH OF $7,745, FOR A TOTAL GRANT APPLICATION OF $76,236, AND AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO APPLY FOR, ACCEPT, REJECT, ALTER OR TERMINATE THE GRANT. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit a grant application to the State of Texas, Office of the Governor, Criminal Justice Division in the amount of $68,491 for Year One funding of a Sex Offender Investigative Unit grant in the Police Department with a City match of $7,745 for a total grant application of $76,236. SECTION 2. The City Manager, or the City Manager's designee, may apply for, accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. SECTION 3. In the event of the loss or misuse of these Criminal Justice Division funds, the City of Corpus Christi assures that the funds will be returned to the Criminal Justice Division in full. ATTEST: Armando Chapa City Secretary APPROVED: February 17, 2009. By: T. TrisKa Dang Assistant City Attorney For City Attorney —37— THE CITY OF CORPUS CHRISTI Henry Garrett Mayor 1 2 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 —38— 3 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 02/24/2009 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept a supplemental grant in the amount of $47,500 from the Texas Automobile Theft Prevention Authority (ATPA) to purchase equipment for the motor vehicle theft enforcement unit within the Police Department, to execute all related documents, B. Ordinance appropriating $47,500 from the Texas Automobile Theft Prevention Authority (ATPA) in the No. 1061 Police Grants Fund. ISSUE: The ATPA has awarded supplemental grant funding to the City of Corpus Christi and the grant must be accepted and funds appropriated. BACKGROUND INFORMATION: The additional funds will be used for additional overtime for officers funded under the grant, for a truck, to upgrade computers, and to enhance the public awareness campaign. REQUIRED COUNCIL ACTION: Approval to accept the grant and appropriate the funds. PREVIOUS COUNCIL ACTION: Approval to accept the grant on 07/22/2008. CONCLUSION AND RECOMMENDATION: Acceptance of the grant and appropriation of funds. Attachments: ✓ Grant award document —41— M. . Walsh Acting Chief of Police Watch Your Car 1013 Aura NIROLARr6YHEFt PRMNnON ANHORIIY January 30, 2009 Mr. Angel Escobar City Manager City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 ORIGINAL Re: GRANT NBR: SA -T01- 10045 -09 YEAR OF FUNDING: 7 APPLICATION: City of Corpus Christi TITLE: Corpus Christi Auto Theft Prevention Grant AMOUNT: $47,500 Dear Mr. Escobar: I am pleased to inform you that the above referenced grant is approved in the amount indicated. The grant award must be accepted within 30 days by completing and returning the enclosed grantee acceptance notice in the pre- addressed envelope provided. A copy of the Automobile Burglary & Theft Prevention Authority's Grant Administrative Guide is being forwarded under separate cover to the financial officer designated in your grant application. I look forward to working with you to ensure the success of your program. Any questions relating to the administration of this grant should be directed to our office by calling the Director, Charles Caldwell (512) 374 -5108. Sincerely, ALt . Charles Caldwell Director, ABTPA -42- Grant Number: Grantee Name: Project Title: Grant Period: Texas Automobile Burglary and Prevention Authority Statement of Supplemental Grant Award SA -T01- 10045 -09 Corpus Christi, City of Auto Theft Prevention Grant 09/01/2008 - 08/31/2009 ABTPA Award: Grantee Cash Match: Grantee In -Kind Match: Total Project Cost: $47,500 $0 $0 $47,500 The Texas Automobile Burglary and Theft Prevention Authority (ABTPA) has awarded the above - referenced grant. The approved budget is reflected in the attached Approved Budget Summary. This grant is subject to and conditioned upon acceptance of the ABTPA Grant Administrative Guide promulgated for this specific program fund (referenced above) through the Automobile Burglary and Theft Prevention Authority a listing of applicable special conditions are listed below. Total project costs must be accounted for in accordance with the Uniform Grant and Contract Management Standards and the Administrative Guide. GRANTEE REQUEST FOR FUNDS All Grantee requests for funds shall be submitted to ABTPA in accordance with the instructions provided by ABTPA and shall be in the form required by ABTPA. Requests for funds will not be honored until all special conditions outlined on the Statement of Grant Award and action required on the part of the grantee have been satisfied. GRANT ADJUSTMENTS Grantee shall submit written requests for grant adjustments, as required by the applicable ABTPA Rule contained in the Grant Administrative Guide for this specific program fund. Special Conditions and Requirements: January 28, 2009 AWARD DATE CHARLES CALDWELL Automobile Burglary and Theft Prevention Authority 4000 Jackson Avenue, Austin, Texas 78731 512/374 -5101 —43— Grant Number: Grantee Name: Project Title: Region: Grant Period: Funding Source: 10045 -09 City of Corpus Christi Corpus Christi Auto Theft Prevention Grant 2000 09/01/2008 to 08/31/2009 Auto Burglary & Theft Prevention Authority Texas Automobile Theft Prevention Authority Grant Adjustment Notice Adjustment Number: 4 Approved Supplemental Award Budget A. Personnel Overtime $4,000 D. Equipment 2009 Truck 4x4 $25,000; Upgrade Computers $14,500; E. Supplies Public Awareness $4,000 A. Personnel: B. Contractual: C. Travel: D. Equipment: E. Supplies: F. Indirect: Total: By: 5'; Date: 01/29/2009 Director Approved Adjusted Budget Summary ATPA $406,082 Cash Match $271,113 $7,000 $11,091 $39,500 $40,100 $5,620 $492,682 $287,824 -Law Enforcement. Detection and Apprehension —44— In Kind $14,019 $14,019 TOTAL $677,195 $0 $18,091 $39,500 $59,739 $0 $794,525 TO: FROM: SUBJECT: Watch Your Car 1 AUTO &> RM 4000 Jackson Avenue Austin, Texas 78731 Telephone: (512) 374 -5101 Facsimile: (512) 374 -5110 MEMORANDUM Project Directors Automobile Burglary & Theft Prevention Authority ( ABTPA) Grants Charles Caldwell, Director Automobile Burglary & Theft Prevention Authority ABTPA Supplemental Grant Award Documents The enclosed packet contains important documents concerning a supplemental grant awarded to your agency by ABTPA. In a separate letter, the authorized official designated in your grant application has been informed of the award. Also for your information, please be advised that, under separate cover, the designated financial officer has been sent a copy of the documents enclosed in this letter and reference documents, if applicable. The documents provided should be read carefully and kept in your permanent records. The documents included are listed below: 1. Original Supplemental Grant Award Letter. 2. Original Statement of Supplemental Grant Award which lists the Special Conditions which need to be met prior to release of funds. 3. Original Acceptance Notice. 4. Original Supplemental Budget Digest. The Statement of Grant Award contains a copy of the Approved Budget Summary, which reflects the final grant budget. This approved budget may or may not be exactly the same as the budget contained in the grant application originally submitted to ABTPA. Because of this, you should compare this document with the application to familiarize yourself with any changes that may have occurred. If I can be of assistance, please call 512/374 -5108. —45— TEXAS AUTOMOBILE BURGLARY AND THEFT PREVENTION AUTHORITY GRANTEE ACCEPTANCE NOTICE AGREEMENT: That whereas City of Corpus Christi hereinafter referred to as Grantee, has heretofore submitted a grant application to the Automobile Burglary and Theft Prevention Authority, State of Texas, entitled Auto Theft Prevention Grant and further identified by grant number SA -T01- 10045 -09 Supplemental ; and Whereas, the Automobile Burglary and Theft Prevention Authority has approved the grant application as evidenced by the Statement of Grant Award from the Automobile Burglary and Theft Prevention Authority dated 01/28/09 , certain special requirements; and Whereas, the Grantee desires to accept the grant award, the Uniformed Grant and Contract Management Standards, and special requirements as evidenced by the Statement of Grant Award; Now, therefore, the Grantee accepts the aforementioned Statement of Grant Award, the Uniformed Grant and Contract Management Standards and special requirements in the grant application and the Statement of Grant Award as evidenced by the agreement, executed by the project director, the financial officer, and the official authorized to sign the original grant application, or the official's successor, as presiding officer of and on behalf of the governing body of this grantee; and Now, therefore, the Grantee shall designate either the project director or the financial officer to coordinate and be solely responsible for submission of adjustments pertaining to both program and financial elements of the application, and the POSITION authorized to submit adjustments is P ro��c�- D eet-tn (2— NON - LOBBYING CERTIFICATION: We, the undersigned, certify that none of the grant funds, regardless of their source or character, including local cash assumption of cost funds, shall be used in any manner to influence the outcome of any election or the passage or defeat of any legislative measure. A finding that a grantee has violated the certification shall result in the immediate termination of funding of the project and the grantee shall not be eligible for future funding from the Automobile Burglary and Theft Prevention Authority. Certified By: Signature of Project Dire ke (Likk G 16 Name & Title(must print or type)1 F Douce P .o.&1 L90 ! a Official Agency Address(street or post office box) C ithe -(s,/ X '70-(D9 City/Zip Code /Telephone Number C 3(00 sl(o —c)-(004 Date: Signature of Financial Officer 00n15T1erK/C€ a{ e. Th\laC-T CR,-, Name & Title(must print or type) in OU.�a Q., DtC0-42__ Official Agency Address(street or post office box) Co-Puts C4125T1 TY rJ S 9 City/Zip Code/Telephone Number (340 SaL2 - 3�6`t Signature of Authorized Official 5A-AG R. f ar 3-74 M tN6 Name & Title (must print or type)) Po. 6d)( a /) 7 Official Agency Address (street or post office box) COPU-Set 44V-1, f 9 NO aG-3 rDeD o ORDINANCE APPROPRIATING $47,500 FROM THE TEXAS AUTOMOBILE THEFT PREVENTION AUTHORITY (ATPA) IN THE NO. 1061 POLICE GRANTS FUND; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $47,500 is appropriated from the Texas Automobile Theft Prevention Authority (ATPA) in the No. 1061 Police Grants Fund, and declaring an emergency. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading, this the day of February, 2009. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor Approved as to form February 12, 2009 T. ang Assistant City Attomey For City Attorney —47— TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the attached ordinance, an emergency exists requiring suspension of that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings. Therefore, I /we request that you suspend said Charter rule and finally pass this ordinance on the date of its introduction, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Henry Garrett Mayor, City of Corpus Christi The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon —48— 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: February 24, 2009 AGENDA ITEM: Ordinance appropriating $ 185,850.21 in developer contributions and $ 22,319.43 in interest earnings for a sum of $208,169.64 in the No. 4720 Community Enrichment Fund for park improvements; and declaring an emergency. ISSUE: On March 25, 2003 City Council adopted an Ordinance to add a Community Enrichment Fund 4720. In Section 4 of the ordinance the City Council approved $773,062.31 to be transferred from Trust Fund 6010 to and appropriated in Community Enrichment Fund 4720. Periodic appropriation of interest and contributions by ordinance is required, usually at the end of each fiscal year. REQUIRED COUNCIL ACTION:- Council action is required to authorize the City Manager or his designee to appropriate funds. PREVIOUS COUNCIL ACTION: On December 11, 2007, Council appropriated $97,140.31 in developer contributions and interest earnings in the No. 4720 Community Enrichment Fund for park improvements, changing ordinance which adopted the FY 06 -07 operating budget. On July 22, 2008, Council appropriated $253,182.87 in developer contributions and interest earnings in the No. 4720 Community Enrichment Fund for park improvements, changing ordinance which adopted the FY 08 -09 operating budget. FUNDING: The Platting Ordinance requires that land or money is dedicated for the creation of neighborhood parks when residential subdivisions are designed and constructed by private developers. These funds are deposited into the No. 4720 Community Enrichment Fund in separate accounts for each park. Funds are appropriated annually. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the ordina e. Sally Ga Parks an Dir=ctor Recreation Constance Sanchez, Interim Dire& or Finance Department Attachment: Background Detail of interest and developer contributions BACKGROUND INFORMATION The Community Enrichment fund was established to record revenues and expenditures for park land acquisition, park development, and improvement of parks. Revenues deposited to this fund for park development are 1) fees in lieu of land, and, 2) park development fee. Funds are appropriated periodically, usually at the end of each fiscal year. The Platting Ordinance provides that should the City accept the fee in lieu of land, the fees shall be used for the acquisition or improvement of parks most likely to serve the residents of the subdivision. The park most likely to serve a subdivision shall in no case be located more than one and one -half miles from the subdivision, taking into consideration factors such as the proximity of major barriers to accessibility including freeways, navigable streams and bodies of water. Community Enrichment Funds shall be used only for parkland acquisition, park development and park improvements including utility extensions required to serve recreational areas. Effective December 17, 2007, City Council approved Ordinance No. 027527 which established a Park Development Fee of $200 per dwelling unit. The fee may be used only for development of a public recreational area that will serve the subdivision consistent with the Parks, Recreation and Open Space Master Plan. None of the attached park fees were obtained from the Park Development Fee. The parkland fees identified in this appropriation will be used as follows: 1. Mustang Island — park at Wilson's cut 2. Los Arboles @ Terra Mar — Oso Bay Wetland Preserve and Nature Center 3. Barcelona Estates # 1 — no designation at this time. —52— • / t. VerRoh - " , . 9a� AqO _. I IiiOACE 0 _, _ /` • - • / _ / _ _� , - AOHT� • - • - Ill OOD /Z'iL / - /r/ ;i /_ ♦\ _ ',% , t�y cE ,_ t� CO' -Vt — _‘ _ /-. /- :n 'NE / Y : / TH_GUTH VT � -/ / - / _ .. : – - — / T - -- -r /\ FIB PVT , .. — t . .. ' — / — ' — /. _ — ,, . ,:->„.. / / \ /�'/ \ / \ • / — / • K / / , / -.- y I I ZOVINEYARDB ' / .- — -/ Z. •/ /k Q �� / — 111W Oki O / Q- / TAMHCC Cgy00 F4 ° -, '- • BRANQYW - , / GOOF I- EW1. 1 / ,s• ►S / - l Los Arboles © Terra Mar - 'y0 ��YR /_ / / Q. JUO W$Vt . _ r — 3T / • CIM. I .ON • / nt: // GREYSTONE , Y I- I I R 0 �Oe` fro • =54- — / / air r �qR 4e - Q- e��o _ R / ot'. 0&0 o 50 fr%- , GOLD 'tOAKS / ._'tea -/_ / \/ \ V/ - • \\ _ _ - J 0 _ �/ / /� .__\- e' // / _ - _ - \ / - ! / / / f a - -! / �. / , / . - -' •r% ORD ' / T / - / • +. / - _ / / - _ / / C / Barcelona Estates #1-Donations f - — . �� - / � / / f T /` / ! r/I - ` i _ • /' › _M1 f ' 1 • / --- //,-/ / . - - !/ / e \ \ z J T \ . - - - /- / - — \\. \/ // PEp \ - i r /=\ \ p - - - / - /f/ °:�' - ./ = // / - ` ▪ �. - CRE 7\= - �\. / PARKVI \ - c. . / / / - . ti ..fit / `- - - — — _ 7 /. "1. CONGRE4. ' / / `" \ T 7/. /� "-• ▪ /-r s/. / - •\ / / / �\- . -55- / / /may - SNP cL' ``- _cc /NNPLACE - . / - /e /. _ . WALE") / ` /- //_ -=.. / 1' / -\-- -..... ' - -- / / , 1 • — - %3 f / /-� / �.. :1—C71 F / - ft \/ \ \`� /jam/- . 1111\ / Org. COMMUNITY ENRICHMENT FUND 4720 Account Description Un- Appropriated 21300 Park trust - unrestrict interest 20,269.68 21371 Gateway Phase 2 interest 165.72 21357 HEB Park pool & tennis interes 34.20 21502 Beautification prom. interest 175.09 21507 Ed exchg prg- Sister City int. 12.16 21511 Permanent art trust interest 1,662.69 21512 Ethel Eyerly Comm Ctr int. (0.11) INTEREST 22,319.43 21457 Mustang Island 150,046.75 21305 Los Arboles at Terra Mar 8,201.01 21313 Barcelona Estates #1- Donations 27,602.45 CONTRIBUTIONS 185,850.21 TOTAL INT / CONTRB 208,169.64 -56- Page 1 of 2 ORDINANCE APPROPRIATING $ 185,850.21 IN DEVELOPER CONTRIBUTIONS AND $22,319.43 IN INTEREST EARNINGS FOR A SUM OF $ 208,850.21 IN THE NO. 4720 COMMUNITY ENRICHMENT FUND FOR PARK IMPROVEMENTS; AND DECLARING AN EMERGENCY. Whereas, Section IV G 6 of the City of Corpus Christi Platting Ordinance provides that should the City accept fees in lieu of land for park dedication, the fees shall be placed in the City's Community Enrichment Fund for the acquisition or improvement of parks most likely to serve the residents of the subdivision, which shall in no case be located more than one and one -half miles from the subdivision, and for the parkland acquisition and park development including utility extensions required to serve recreational areas; Whereas, Section IV G 7 of the Platting Ordinance provides that park development fees may be used only for development of a public recreational area that will serve the subdivision consistent with the Parks, Recreation and Open Space Master Plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $185,850.21 in developer contributions and $ 22,319.43 in interest earnings, total sum of $208,169.64 is appropriated in the No. 4720 Community Enrichment Fund for park improvements described by Section IV G 6 and Section IV G 7 of the City of Corpus Christi Platting Ordinance. 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 , 2009. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett. City Secretary Mayor Approved: February 4, 2009 Lisa Aguilar/ Assistant Ci Attorney For City Attorney —57— 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 —58— 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: February 24, 2009 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute documents with Trust for Public Lands and the Coastal Bend Bays and Estuaries Program, for the purchase of 48.91 acre tract of land situated partially in Lot Three, Lot Four, Lot Eleven, Lot Twelve, Lot Seventeen, and Lot Eighteen, Section 32 and Lot Seventeen, Section 31, Flour Bluff and Encinal Farm and Garden Tracts, to extend the closing date of the Agreement of Sale, assign the Agreement of Sale to Coastal Bend Bays and Estuaries, and execute new Agreement of Sale with Coastal Bend Bays and Estuaries Program. ISSUE: The City of Corpus Christi has an agreement of sale with the Trust for Public Lands (TPL) to convey the property located on Oso Bay to the City by January 31, 2009. However, the City received a grant from the General Land Office, Coastal Management Program (GLO CMP) to cover a portion of the cost for the land. TPL has obligations for the funding from the sale of this land and cannot hold it until the new closing date of October 2009. The Coastal Bend Bays and Estuaries Program (CBBEP) has agreed to intervene, continue holding the property, and pay TPL their cost. The GLO is agreeable to this action and has stated this action will not jeopardize the grant award. REQUIRED COUNCIL ACTION: For Council to approve the assignment of the agreement of sale to the CBBEP and approve an extension of the closing date to October 31, 2009. PREVIOUS COUNCIL ACTION: On February 12, 2008 Council approved a motion for the agreement of sale to convey the property held by Trust for Public Lands in exchange for $615,333 by January 31, 2009. March 11, 2008 Council approved an amendment to this item changing the purchased land acreage from 49.53 to 48.91. Board /Commission Action: The Parks and Recreation Advisory Committee approved the transfer of this property at their meeting on February 11, 2009. FUNDING: There is no funding involved with this request. CONCLUSION AND RECOMMENDATION: It is recommended that the motion be approved to transfer the agreement of sale to the CBBEP. Sally Gavli ', Director Parks an ecreation Department Attachments: Background Information —61— BACKGROUND INFORMATION On February 12, 2008 the City Council approved the property, known as the "Gaines Tract" located between Holly and Wooldridge off of the new Oso Parkway, be held by TPL. This action was taken to allow the City to use the designated park land property as grant match for TPWD and GLO grants. In January 2009 the Cit y was notified by the GLO that the Oso Bay Wetland Preserve had been ranked number 1 in their CMP grant cycle and recommended for $300,000 funding. The total cost of the property was $615,333. Therefore, the $300,000 grant award would pay for approximately half of the property cost. However, the transfer of property would need to wait until October 2009 to qualify for the GLO CMP grant. The TPL was informed of the GLO CMP grant award but were unable to extend the current agreement of sale with the City due to previous financial commitments. The City met with the CBBEP to discuss the opportunity for this organization to pay TPL for the land, and for CBBEP to hold the property until the new closing date in October 2009. This would allow the City to still be eligible for the GLO CMP grant award. CBBEP agreed to the transfer of the property. On January 22, 2009 Sally Gavlik discussed this action with Melissa Porter of the GLO to insure there would be no complications and that the GLO would still support the City of Corpus Christi receiving the CMP grant fundWg. The City was informed there would not be any problem with the transfer. A couple of changes to the grant forms would be the only resultant requirement. These are considered minimal changes and are without consequence. On January 28, 2009 the City, TPL, and CBBEP, via teleconference, discussed the method to facilitate the transfer. The documents included in the Council Agenda item meet all requirements for all parties involved. —62— Exhibit A Depiction of the Property ‘e. ( //li I .././ 1397.62' 14 28'37'32" E 60.64' r6 5 11335" E -61-.42•3111 Er- 7t98:fr? 160.11' aft _r ---- 2894'10` , 169.32' j".tc; _ ;;TCY/t2 „ " wog • „oratr "IinCia° mot Z 0 I' 1'2? 4 N 1701'24" IV E DATA 1FNCFM 454 4' -Mt LEW"! 5 S.7 I G4:r E JAI n j ir;s, ‘2''...4.50-F OS 6, N 7re-44 41. %UP., E 4?■.! 261.19' -P r.Pirsor11 '11. seri° t °4.4.01° 44 110:01. tit :.arre 000 044 LOT /2 C SCALE IN FEET 400 600 600 N 2813456" a." 49.53 ACRES 0. a tsj°,57:1°. zOT —63— N 61'2004 W 740.05' tor tg AGREEMENT OF SALE This is an Agreement with an Effective Date as provided below between COASTAL BEND BAYS & ESTUARIES PROGRAM, INC. a Texas nonprofit corporation, which shall be referred to as "Seller," and the CITY OF CORPUS CHRISTI, a Texas municipal corporation, which shall be referred to as "Buyer." RECITALS A. The addresses and telephone numbers of the parties to this Agreement are as follows. Telephone numbers are included for information only. SELLER: Coastal Bend Bays & Estuaries Program, Inc. 1305 N. Shoreline Blvd Suite 205 Corpus Christi, Texas 78401 Attn: Ray Allen Tel: (361) Fax: (361) Email: rallen @cbbep.org With copies to: Robert B. Wallace, Jr., Attorney 711 N. Carancahua, Suite 800 Corpus Christi, Texas 78475 Tel: (361) 884 -8811 Fax: (361) 884 -8812 BUYER: City of Corpus Christi Attn: Sally Gavlik 1201 Leopard Street Corpus Christi, TX 78401 -2825 Tel: (361) 826 -3464 Fax: (361) 826 -3864 Email: sallyg @cctexas.com With copies to: City of Corpus Christi Attn: City Attomey 1201 Leopard Street Corpus Christi, Texas 78401 Tel: (361) 826 -3360 Fax: (361) 826 -3239 B. The Trust for Public Land, a California public benefit corporation, ( "Current Owner ") is the owner of certain real property located in Nueces County, Texas consisting of approximately 48 acres and depicted on Exhibit A attached hereto and made a part hereof. Said real property, together with any and all improvements, fixtures, timber, water and/or minerals located thereon and any and all rights appurtenant thereto including but not limited to timber rights, water rights, access rights and mineral rights shall be referred to in this Agreement as the "Property ". The exact legal description of the Property is attached as Exhibit A. C. Current Owner has agreed to sell the Property to Seller. 1 —65— D. Upon Seller's acquisition of the Property, Buyer wishes to purchase the Property from Seller and Seller wishes to sell the Property to Buyer in accordance with the terms and conditions set forth in this Agreement. NOW THEREFORE, FOR $10.00 AND OTHER GOOD AND VALUABLE CONSIDERATION THE PARTIES AGREE AS FOLLOWS: 1. Purchase and Sale. Seller agrees to sell to Buyer and Buyer agrees to buy from Seller the Property on the terms and conditions set forth herein. 2. Purchase Terms. a. Price. The purchase price (the "Purchase Price ") for the Property shall be Five hundred twenty -eight thousand, nine hundred dollars ($528,900.00). b. Method of Payment. The Purchase Price shall be payable in cash, at Closing (as defined below), subject to any credits, pro- rations and adjustments provided elsewhere in this Agreement. 3. Buyer's Deposit. [This Section is intentionally deleted.] 4. Condition of the Property. a. Buyer acknowledges that Buyer will have a full and fair opportunity to inspect the Property and any structures or improvements on the Property and to perform any tests or analyses desired by Buyer to satisfy Buyer as to the condition of the Property. Buyer agrees to accept the Property including any structures or improvements, "as is, where is," subject to all faults of every kind and nature whatsoever, whether latent or patent and whether now or hereafter existing and subject to any violations of any law or ordinance existing on the date of closing, including without limitation those relating to the environmental condition of the Property. Buyer waives any and all objections to or claims or causes of action against Seller including, but not limited to federal, state or common law actions and any private right of action under state and federal law to which the Property is or may be subject (including, but not limited to CERCLA and RCRA) regarding the physical characteristics and existing structural, geologic, subsurface, soil, water and environmental conditions on, under, adjacent to or otherwise affecting the Property. 5. Closing. Final settlement of the obligations of the parties hereto shall occur on or before October 31, 2009 at such date, place and time as the parties shall agree (the "Closing "). This transaction shall be closed in escrow with San Jacinto Title Services of Corpus Christi, 5926 S. Staples, Corpus Christi, TX 78413 (the "Escrow Holder "). The transaction contemplated hereunder shall be closed by Escrow Holder in accordance with the general provisions of the usual form of deed and money escrow agreement then in use by Escrow Holder, with such additional special provisions inserted in said escrow agreement as may be required to conform 2 —66— with the terms and conditions of this Agreement. Buyer has submitted a request to the Texas General Land Office for a grant to be used towards Buyer's Purchase Price obligation hereunder. Buyer understands and agrees that its obligations hereunder are not contingent upon Buyer obtaining said grant. 6. Title. Seller shall by special warranty deed convey to Buyer its interest in the Property, subject only to the following: (i) any federal, state or local laws, ordinances, regulations and/or orders whatsoever; (ii) liens for real estate taxes not yet due and payable and other taxes and assessments of any kind or nature assessed (not yet due and payable) with respect to the Property; (iii) The following restriction to be placed on the Property when it is conveyed to Seller: No roadway or other entrance to the Property, whether such roadway or entrance is public or private, may be constructed or maintained within one hundred feet (100') of the southern boundary of the Property. This restrictive covenant shall be enforceable by (i) any owner of the property adjacent to the southern boundary of the Property, (ii) any homeowners' association which includes such adjacent property, or (iii) the developer who files a plat including such adjacent property. (iv) such other title objections and exceptions as may be waived by Buyer; (v) the standard printed exceptions on the form of title insurance issued pursuant to Section 7. The foregoing shall be referred to collectively as "Permitted Exceptions ". Seller has delivered to Buyer a copy of a commitment for title insurance covering the Property and some additional property, issued by Escrow Holder committing the title company to issue a TLTA Owner's Policy insuring title to the Property in Seller (the "Seller's Title Commitment "). Buyer shall at its sole cost and expense obtain a title commitment for title insurance from Escrow Holder committing the title company to issue a TLTA Owner's Policy insuring title to the Property in Buyer 7. Title Insurance. Buyer shall at its option and its sole cost and expense procure a TLTA owner's policy of title insurance from the title company that issued the commitment for title insurance described in Section 6 insuring that title to the Property is vested in Buyer upon Closing, subject only to the Permitted Exceptions pursuant to Section 6. 8. Seller's Promise not to Further Encumber. Seller shall not, without the prior written consent of Buyer, make any leases, contracts, options or agreements whatsoever affecting the Property which would in any manner impede Seller's ability to perform hereunder and deliver title as agreed herein. 3 —67— 9. Seller's Representations. Seller makes the following representations: a. At Closing, Seller will have the power to sell, transfer and convey all right, title and interest in and to the Property. b. Seller represents and warrants that it is not a "foreign person" as defined in Section 1445 of the Internal Revenue Code. Seller's United States Taxpayer Identification Number is 10. Taxes, Closing Expenses, Seller's Carrying Costs and Fees. At Closing, Buyer will reimburse Seller for all costs, expenses or fees it has incurred or will incur in connection with or related to the acquisition, operation, or transfer of an interest in the Property, including, but not limited to environmental assessments, appraisals, surveys, title insurance, real estate taxes, special assessments, rollback taxes, utilities, maintenance and operation costs and closing costs, and insurance premiums; provided, however, Seller's interest and financing expenses and attorneys' fees, other than those that may be incurred in enforcing this Agreement, are specifically excluded under this Section. All real property taxes on the Property, including any special assessments, levied, pending or constituting a lien against the Property, if any, shall be assumed by Buyer. Buyer shall be responsible for paying any additional taxes, penalties and interest, including but not limited to compensatory or roll back taxes, on the Property arising from the termination of a preferential tax classification of the Property payable as a result of the conveyance to Seller or Buyer. The escrow fee for Closing shall be shared equally by Seller and Buyer. Any documentary tax or real property transfer tax arising out of the conveyalce of the Property shall be paid by Buyer or Buyer shall at Closing reimburse Seller for said tax. Other fees and charges not otherwise allocated in this Agreement, shall be allocated in accordance with the customary practice of Nueces County, Texas; provided, however, if there is no customary practice then allocated to the Buyer. Seller will seek any real estate tax exemption available to it during its ownership of the Property; provided, however, Seller will not be obligated to assume any costs and expenses in connection therewith other than customary application fees, if any. Buyer agrees that it will provide assistance to any effort by Seller to seek such exemption. Buyer, however, shall not be relieved of its obligation to pay such taxes and assessments as required by this Agreement, unless the Property is allowed a tax exemption during Seller's ownership. In addition, Seller will seek to lease the Property for grazing or agricultural purposes during its ownership pursuant to terms of an agreement reasonably acceptable to Seller. Buyer understands that Seller will not be obligated to assume any costs, expenses or liability in connection with such a lease. 11. Notices. All notices pertaining to this Agreement shall be in writing delivered to the parties hereto personally by hand, telecopier, courier service or Express Mail, or by first class mail, postage prepaid, at the addresses set forth in Recital A. All notices shall be deemed given when deposited in the mail, first class postage prepaid, addressed to the party to be notified; or if delivered by hand, telecopier, courier service or Express Mail, shall be deemed given when 4 —68— delivered. The parties may, by notice as provided above, designate a different address to which notice shall be given. 12. Remedies Upon Default. In the event either party defaults in the performance of any of its obligations under this Agreement, the non - defaulting party shall have the right of specific performance against the defaulting party, in addition to any and all other remedies provided in this Agreement, or by law or equity. 13. No Broker's Commission. Each party represents to the other that it has not used a real estate broker in connection with this Agreement or the transaction contemplated by this Agreement. In the event any person asserts a claim for a broker's commission or finder's fee against one of the parties to this Agreement, the party on account of whose conduct the claim is asserted will hold the other party harmless from said claim, to the extent allowed by law without waiving any limitations or exemptions from liability. 14. Time of the Essence. Time is of the essence of this Agreement. 15. Binding on Successors. This Agreement shall be binding not only upon the parties but also upon their heirs, personal representatives, assigns, and other successors in interest. 16. Additional Documents. Seller and Buyer agree to execute such additional documents, including escrow instructions, as may be reasonable and necessary to carry out the provisions of this Agreement. 17. Assignment. Neither party may assign its interests under this Agreement without the written consent of other party. 18. Entire Agreement; Modification; Waiver. This Agreement constitutes the entire agreement between Buyer and Seller pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 19. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and which together shall constitute one and the same agreement. 20. Severability Each provision of this Agreement is severable from any and all other provisions of this Agreement. Should any provision(s) of this Agreement be for any reason unenforceable, the balance shall nonetheless be of full force and effect. 5 —69— 21. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. 22. Acceptance of Deed. The acceptance by Buyer of the deed shall be deemed to be full performance by Seller of, and shall discharge Seller from, all obligations hereunder and Seller shall have no further liability hereunder. 23. Risk of Loss. Notwithstanding any applicable law or custom to the contrary, all risk or loss with respect to the Property (other than a loss resulting from the willful acts of Seller) shall be borne by Buyer. 24. Condemnation. In the event of the taking of all or any part of the Property by eminent domain proceedings, or the commencement of such proceedings prior to Closing, Buyer may, at its option, either (a) proceed to Closing with the Purchase Price reduced by the total of any awards or other proceeds received or to be received by Seller as a result of such proceedings, or (b) proceed to Closing with an assignment by Seller of all Seller's right, title and interest in and to any and all such awards and proceeds. 25. Possession. Possession of the Property shall be delivered on the date of Closing in the same condition as it is on the date hereof and/or as required pursuant to the terms of this Agreement, ordinary wear and tear excepted, free and clear of the rights or claims of any other party except as otherwise permitted in Section 6. 26. Buyer's Representation. Buyer represents that it has full power and authority to enter into this Agreement and the person signing this Agreement for Buyer has full power and authority to sign for Buyer and to bind it to this Agreement. 27. Miscellaneous. In the event that any of the deadlines set forth herein end on a Saturday, Sunday or legal holiday, such deadline shall automatically be extended to the next business day which is not a Saturday, Sunday or legal holiday. The term "business days" as may be used herein shall mean all days which are not on a Saturday, Sunday or legal holiday. 28. Contingency. The parties agree that this Agreement is contingent upon the following: Buyer acknowledges that Seller does not presently own the Property and that Seller's duties hereunder and Buyer's rights hereunder are both expressly contingent upon the acquisition by Seller of the Property. 29. Survey. Current Owner has provided Buyer with a TBLS Category IA Survey of the Property to be performed and Buyer has provided Seller with a copy of the Survey. The legal description of the Property will be determined in accordance with said survey and with any requirements of the Escrow Holder. 30. Conditions to Access to Property. Before entering upon the Property to conduct the investigations provided for in Section 4, Buyer shall notify Seller and Seller shall have 6 —70— obtained the Current Owner's permission for Buyer to enter upon the Property to conduct said investigations. 31. Signage. The parties agree that permanent signage on the Property shall provide for recognition of the role of Seller and Current Owner in this acquisition, said signage being subject to applicable governmental regulations and the approval of Seller and Current Owner. This section shall survive the delivery of the deed. IN WITNESS of the foregoing provisions the parties have executed and delivered this Agreement as of the date set forth below. The effective date (the "Effective Date ") of this Agreement shall be the last date of execution by either of the parties to this Agreement. If a party returns this Agreement by facsimile machine, the signing party intends the copy of its authorized signature printed by the receiving facsimile machine to be its original signature. SELLER: COASTAL B D BAYS & ESTUARI By: Title: Date. BUYER: CITY OF CORPUS CHRISTI By: Title: Date: By: Title: Date: Approved as to legal form. 0/13/DI 7 —71— A514 � i"if°✓"13 Exhibit A Depiction of the Property 8 —72— 48.91 ACRES THE STATE OF TEXAS} THE COUNTY OF NUECES} BEING a 48.91 acre tract of land situated panially in Lots Three (3). Lot Four (4), Lot Eleven (11) Lot Twelve (12), Lot Seventeen (17), and Lot Eighteen (]8), Section 32. Flour Bluff and Encinal Farm and Garden Tracts of record in Volume A, Page 41 -43 of the Map Records of Nueces County, Texas, and being a portion of that certain tract of land conveyed by George B. Gaines, Jr., et ux to The George 13. Gaines, Jr. Family I.imited Partnership. LTD. according to Document Number 842209 of the Official Records of Nueces County, Texas. and a portion of' that certain tract of land conveyed by George 13. Gaines, Jr., et ux to The George B. Gaines, Jr. Family Limited Partnership, LTD. according to Document Number 842210 of the Official Records of Nueces County, Texas, said 48.91 acre tract of land being more fully described by metes and hounds as follows: COMMENCING at a 5/8 inch diameter rebar (with yellow plastic cup stamped "URBAN SURVEYING, INC.") found marking the common corner of Section 27, Section 28, Section 31 and said Section 32, Flour Bluff and Encinal Farm and Garden Tracts, THENCE, South 61 deg. 22' 33" East, along the common line of said Section 31 and said Section 32, a distance of 1397.62 feet to 5/8 inch diameter steel rehar set to mark the north corner of the herein described tract and the POINT OF BEGINNING herein; THENCE. South 61 deg. 22' 33" East, continuing with the common line of Section 31 and Section 32, a distance of 958.01 feet to a 5/8 inch diameter steel rebar set to mark the beginning of a non - tangent curve to the right; THENCE, with said curve to the right, having a radius of 1597.21 feet, interior angle of 10 deg. 49' 57 ", chord hears South 46 deg. 22' 26' East, 301.52 feet, for an arc length of 301.97 feet to a 5/8 inch diameter steel rebar found marking the northeast comer of the herein described tract; TIIENCE, South 28 deg. 38' 49" West, a distance of 2597.02 feet to a 5/8 inch diameter steel rebar found marking the south corner of the herein described tract; THENCE, North 61 deg. 20' 04" West, a distance of 740.05 feet to a 5/8 inch diameter steel rebar set to mark southwest corner of the herein described tract: THENCE, North 28 deg. 39' 56" East, a distance of 165.00 feet to a 5/8 inch diameter steel rebar set to mark the beginning of a tangent curve to the right; THENCE, with said curve to the right. having a radius of 560.00 feet, interior angle of 17 deg. 17' 50 ", chord bears North 37 deg. 18' 41" East, 168.37 feet, for an arc length of 169.01 feet to a 518 inch diameter steel rebar set for its point of tangency; THENCE, North 45 deg. 57' 46" East, a distance of 507.29 feet to a 5/8 inch diameter steel rehar set to mark the beginning of a tangent curve to the left; THENCE, with said curve to the left, having a radius of 640.00 feet, interior angle of 37 deg. 13' 54 ", chord bears North 27 deg. 20' 50" East, 408.60 feet, for an arc length of 415.88 feet to a 5/8 inch diameter steel rebar set for its point of tangency; THENCE, North 08 deg. 43' 53" East, a distance of 487.73 feet to a 5'8 inch diameter steel rebar set to mark the beginning of a tangent curve to the left; -73- THENCE, with said curve to the left, having a radius of 640.00 feet, interior angle of 25 deg. 45' 17 ", chord hears North 04 deg. 08' 46" West. 285.27 feet. for an arc length of 287.68 feet to a 5/8 inch diameter steel rebar set for its point of tangency; THENCE, North 17 deg. 01' 24" West. a distance of 261.19 feet to a 5/8 inch diameter steel rebar set to mark the beginning of a tangent curve to the right; THENCE, with said curve to the right, having a radius of 560.00 feet, interior angle of 45 deg. 35' 34 ", chord bears North 05 deg. 46' 23" East, 433.95 feet, for an arc length of 445.62 feet to a 5/8 inch diameter steel rebar set for its point of tangency; THENCE, North 28 deg. 34' 10" East, a distance of 169.32 feet to the POINT OF BEGINNING, CONTAINING within these metes and bounds a 48.91 acre tract of land, more or less. All set 5/8 inch diameter steel rebar markcd with yellow plastic cap stamped "URBAN SURVEYING, INC. ". Bearings based on Texas State Plane Coordinate System (South Zone) using City of Corpus Christi control monuments SP071 and SP 080 (Bearing from SP 071 to SP 080 is North 52 deg. 28' 26.49" West). The foregoing legal description and accompanying survey plat were prepared from an actual survey made on the ground under my supervision in December 2007 and are true and correct to the best of my kno ee and belief. Ur an Sur lying, Inc. By Terry 'lRuddick 02-f LO! Registered Professional Land Surveyo Texas No. 4943 SI 6532-park -74- ASSIGNMENT OF AGREEMENT OF SALE CITY OF CORPUS CHRISTI. a Texas municipal corporation ("Assignor "), for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby transfer, set -over and assign to Coastal Bend Bays & Estuaries Program, Inc., a Texas nonprofit corporation ( "Assignee "), all of its right, title and interest in and to that certain Agreement of Sale between Assignor, as Buyer, and The Trust for Public Land, as Seller, relating to the+ 48.91 acres of real property in the County of Nueces, State of Texas legally described on Exhibit "A" attached hereto, which Agreement of Sale is incorporated herein by this reference. Assignee acknowledges receipt of a complete copy of the Agreement of Sale and Amendments Nos. 1 and 2 to the Agreement of Sale. By its acceptance of this Assignment, Assignee hereby covenants and agrees to perform all of the obligations of the Assignor under said Agreement of Sale. IN WITNESS WHEREOF, the undersigned have duly executed this Assignment as of the date set forth below. The effective date of this Assignment shall be the last date of execution by either of the parties to this Assignment. ASSIGNOR: CITY OF CORPUS CHRISTI By: Angel R. Escobar, City Manager Dated: Approved as to legal form this 13 day of February, 2009 Lisa Aguilar, Assistant City Attorney ASSIGNEE: COASTAL BEND : AYS & ESTUARIES PROGRAM, By: Name. Robert B. +allace, Jr. Title: President Dated: —75— EXHIBIT "A" Legal Description See 2 page legal description attached hereto and made a part hereof —76— 48.91 ACRES THE STATE OF TEXAS} THE COUNTY OF NUECES} BEING a 48.91 acre tract of land situated partially in Lots Three (3). 1.ot Four (4), Lot Eleven (11) Lot Twelve (12), Lot Seventeen (17), and I..ot Eighteen (18). Section 32. Flour Bluff and Encinal Farm and Garden Tracts of record in Volume A, Page 41 -43 of the Map Records of Nueces County, Texas, and being a portion of that certain tract of land conveyed by George R. Gaines, Jr., et ux to The George B. Gaines, Jr. Family Limited Partnership. LTD. according to Document Number 842209 of the Official Records of Nucces County. Texas, and a portion of' that certain tract of land conveyed by George B. Gaines, Jr.. ct ux to The George B. Gaines, Jr. Family Limited Partnership, LTD. according to Document Number 842210 of the Official Records of Nueces County, Texas, said 48.91 acre tract of land being more fully described by metes and hounds as follows: COMMENCING at a 5/8 inch diameter rehar (with yellow plastic cap stamped "URBAN SURVEYING, INC.-) found marking the common corner of Section 27. Section 28, Section 31 and said Section 32, Flour Bluff and Encinal Farm and Garden Tracts, TIIENCE, South 61 deg. 22' 33" East, along the common line of said Section 31 and said Section 32, a distance of 1397.62 feet to 5/8 inch diameter steel rchar set to mark the north corner of the herein described tract and the POINT OF BEGINNING herein; THENCE, South 61 deg. 2Y 33" East, continuing with the common line of Section 31 and Section 32, a distance of 958.01 feet to a 5/8 inch diameter steel rebar set to mark the beginning of a non - tangent curve to the right; THENCE, with said curve to the right, having a radius of 1597.21 feet. interior angle of 10 deg. 49' 57 ", chord hears South 46 deg. 22' 26" East, 301.52 feet, for an arc length of 301.97 feet to a 5/8 inch diameter steel rebar found marking the northeast comer of the herein described tract; TIIENCE, South 28 deg. 38' 49" West. a distance of 2597.02 feet to a 5/8 inch diameter steel rebar found marking the south corner of the herein described tract; THENCE, North 61 deg. 20' 04" West, a distance of 740.05 feet to a 5/8 inch diameter steel rebar set to mark southwest corner of the herein described tract; THENCE, North 28 deg. 39' 56" East, a distance of 165.00 feet to a 5/8 inch diameter steel rehar set to mark the beginning of a tangent curve to the right; THENCE, with said curve to the right. having a radius of 560.00 feet, interior angle of 17 deg. 17' 50 ", chord bears North 37 deg. 18' 41" East, 168.37 feet, for an arc length of 169.01 feet to a 5/8 inch diameter steel rebar set for its point of tangency; THENCE, North 45 deg. 57' 46" East, a distance of 507.29 feet to a 5/8 inch diameter steel rehar set to mark the beginning of a tangent curve to the left; THENCE, with said curve to the left, having a radius of 640.00 feet, interior angle of 37 deg. 13' 54 ", chord bears North 27 deg. 20' 50" East, 408.60 feet, for an arc length of 415.88 feet to a 5t8 inch diameter steel rebar set for its point of tangency; THENCE, North 08 deg. 43' 53" East, a distance of 487.73 feet to a 5/8 inch diameter steel rehar set to mark the beginning of a tangent curve to the left; -77- THENCE, with said curve to the left, having a radius of 640.00 feet, interior angle of 25 deg. 45" 17 ", chord hears North 04 deg. 08' 46" West. 285.27 feet. for an arc length of 287.68 feet to a 5.'8 inch diameter steel rebar set for its point of tangency; THENCE. North 17 deg. 01' 24" West, a distance of 261.19 feet to a 5/8 inch diameter steel rebar set to mark the beginning of a tangent curve to the right; THENCE, with said curve to the right, having a radius of 560.00 feet. interior angle of 45 deg. 35' 34 ", chord hears North 05 deg. 46' 23" East, 433.95 feet, for an arc length of 445.62 feet to a 5/8 inch diameter steel rebar set for its point of tangency; THENCE, North 28 deg. 34' 10" East, a distance of 169.32 feet to the POINT OF BEGINNING, CONTAINING within these metes and bounds a 48.91 acre tract of land, more or less. All set 5/8 inch diameter steel rebar markcd with yellow plastic cap stamped "URBAN SURVEYING. INC. ". Bearings based on Texas State Plane Coordinate System (South Zone) using City of Corpus Christi control monuments SP071 and SP 080 (Bearing from SP 071 to SP 080 is North 52 deg. 28' 26.49" West). The foregoing legal description and accompanying survey plat were prepared from an actual survey made on the ground under niy supervision in December 2007 and are true and correct to the best of my knovrt ge and belief. Uri an Su ying, Inc. ' By Terry Ruddick 0211D1 Registered rofessional L.and Surveyo Texas No. 4943 51 6532 -park -78- AMENDMENT NO. 2 TO THE AGREEMENT OF SALE This Amendment No. 2 to the Agreement of Sale ( "Second Amendment ") amends that certain Agreement of Sale with an effective date of February 15, 2008, as amended by that certain Amendment No. 1 to the Agreement of Sale with an effective date of March 3, 2008 (collectively the "Agreement ") by and between THE TRUST FOR PUBLIC LAND, a nonprofit California public benefit corporation authorized to do business in Texas as TPL- Texas, Inc., Seller, and the CITY OF CORPUS CHRISTI, a Texas municipal corporation, as Buyer, affecting real property in Nueces County, Texas (the "Property "). Capitalized terms used herein and not otherwise defined shall have the same meaning as in the Agreement. 1. Amendment. Seller and Buyer agree that the first sentence of Section 5 of the Agreement will be deleted in its entirety and replaced with the following: Final settlement of the obligations of the parties hereto shall occur on or before March 12, 2009, at such date, place and time as the parties shall agree (the "Closing "). 2. Effect of Amendment. Except as set forth herein, the terms and conditions of the Agreement, remain unchanged. 3. Counterparts. This Second Amendment may be executed in counterparts, each of which shall be deemed an original and which shall together constitute one and the same agreement. IN WITNESS of the foregoing provisions, the parties have executed and delivered this Second Amendment as of the date set forth below; said Second Amendment being executed and delivered by individuals with full power and authority to sign for them and bind them to this Second Amendment. The effective date (the "Effective Date ") of this Second Amendment shall be January 31, 2009. If a party returns this Second Amendment by facsimile machine, the signing party intends the copy of its authorized signature printed by the receiving facsimile machine to be his or her original signature. CITY OF CORPUS CHRISTI THE TRUST FO ' PUBLIC LAND By: Angel R. Escobar, City Manager Approved as to legal form: Dl 13 to Lisa Aguilar, gu filar ssistan t City Attorney 2nd Amendment TPL Corpus Christi —7 9— By: Title: 0tPCc#o r cf ere 1C''L� -S 6 AGENDA MEMORANDUM City Council Action Date: February 24, 2009 SUBJECT: NAS Corpus Christi Effluent Reuse Force Main Project No. 7407 / CIP No. WW 36 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with LNV Engineering of Corpus Christi, Texas, in the amount of $123,584 for a revised fee of $138,584 for the NAS Corpus Christi Effluent Reuse Force Main project for design of a new effluent force main. ISSUE: This project will allow for the reuse of effluent from the Laguna Madre Wastewater Treatment Plant at the new golf course at NAS Corpus Christi. An effluent pumping station and distribution line will be built and extended to the limits of the NAS Corpus Christi property. This proposed contract is for preliminary, design, bid and construction phase services as well as additional services (right -of -way acquisition survey and topographic survey). FUNDING: Funding for this project will come from the Wastewater Capital Improvement Budget FY 2009. RECOMMENDATION: Staff recommends approval of the motion as presented. Foster Crowell Pete Anaya, P.E. Director of Wastewater Services Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Actions Exhibit "C" Contract Summary Exhibit "D" Location Map H:WOME1RetelleIGENEWestewater17407-NAS Effluent Reuse Force MainlArnd, NslS fiea Memooloc AGENDA BACKGROUND INFORMATION SUBJECT: NAS Corpus Christi Effluent Reuse Force Main Project No. 7407 / CIP No. WW 36 PROJECT DESCRIPTION: This project consists of constructing an effluent pump station and a new force main from the Laguna Madre Wastewater Treatment Plant to Naval Air Station Corpus Christi for effluent irrigation at the NAS -CC golf course. The new force main provides a way to beneficially reuse the effluent from the Laguna Madre WWTP instead of conveying it into the Laguna Madre; it also reduces the demands on the City's potable water system. Ultimately, the City and NASCC plan to construct a new entrance road connecting NAS Drive to Dimmit Drive, allowing for more efficient public access to the golf course and other non - restricted areas (Post Exchange, hospital, etc.). This project will also include the land acquisition tasks associated with this new entrance road. CONTRACT DESCRIPTION: LNV Engineering will perform the following tasks: (See Exhibit "B" Contract Summary for the project schedule and fee breakdown.) A. BASIC SERVICES 1. Preliminary Phase A. Field Investigation - Perform field investigation as required to define specific areas of demolition and new work, equipment, locations, tie -in point, and other applicable parameters required to complete the items as shown on this Task List. B. Staff Meetings Attend and participate in one (1) project start and one (1) planning meeting with City staff to discuss conceptual design. Gather information and perform close coordination with Department staff. C. Data Collection & Review C1. Review Project with Operating Department (Water, Wastewater, Storm Water, and Gas Department) C2. Review & Investigation of Available Records C3. Recommend necessary survey work to evaluate existing conditions. The recommendation will include the location of public and private utilities, structures, right -of -way (ROW) boundaries and critical elevations for adjacent structures and obtain easement information. C5. Advise of environmental site evaluations and Archeology Reports C6. Identify and Analyze Requirements of Governmental Authorities 2. Design Phase A. Study, Verify, and Implement Recommendations from the Letter Report dated April 28, 2008. B. Design Workshop — Engineer will schedule, prepare, and conduct a design phase workshop with City staff. The Engineer will develop meeting agendas one week prior to the meeting and will deliver meeting minutes one week following the meeting. The purpose of the Design Workshop will be to coordinate and discuss the major design issues EXHIBIT "A" Page 1 of 2 H: WOME \Recholle \GEMWasleweter17407 -NAS Effluent Rouse Force MeinWMd. t NAgenda Background.doc associated with the project with the City staff and NASCC personnel and to develop a detailed project plan covering the pertinent design criteria and parameters. C. Provide One (1) set of Preliminary Plans and Contract Documents for the City's Review D. Prepare Final Quantities and Estimates of Probable Costs based on the FINAL drawings E. Assimilate All Review Comments, Modifications, Additions /Deletions F. Provide Pre -Final Plans and Bid Documents (100 %) G. Quality Assurance /Quality Control H. Provide One (1) Set Final Plans and Contract Documents and Provide One (1) Electronic Copy I. Submit Monthly Status Reports using the City's standard format J. Provide a Storm Water Pollution Prevention Plan 3. Bid Phase A. Participate in Pre -Bid Conference and Provide Recommended Agenda B. Assist City in Solicitation of Bids C. Review All Pre -Bid Questions and Submissions D. Attend Bid Opening E. Revisions to Bid Documents F. Provide Recommendation Letter concerning award of contract to City Engineer 4. Construction Phase A. Participate in Pre - Construction Meeting B. Review Shop and Working Drawings C. Provide Testing Schedule and Review Field and Laboratory Tests D. Provide Interpretations and Clarifications of Contract Documents E. Regular Visits to Site of Project (two per month) F. Prepare Change Orders as authorized by City G. Make Final Inspection with City staff H. Review and Assure Compliance with Plans and Specifications I. Review Construction "Red- Line" Drawings, Prepare Record Drawings J. Review and Prepare Monthly Construction Pay Estimates B. ADDITIONAL SERVICES 1. Permitting TBD 2. Right of Way Acquisition Survey - Engineer will collect and review all available information on location and ownership of property, easements, and right of ways associated or within the project limits. The engineer will then prepare all required metes and bounds documents needed for the land acquisition process. In addition to the effluent line, the engineer shall also assist in the right of way acquisition of the new entrance road. 3. Topographic Survey - Provide design surveys as necessary for the effluent line design and land acquisition. 4. Environmental Issues - TBD 5. Construction Observation Services- TBD 6. Start-Up Services — TBD 7. Warranty Phase - TBD 8. Provide SCADA Documentation — TBD 9. Public Meeting — TBD H: HOME IRetelletGEMWeeleweleA7407 -NAS Effluent Reuse Force MeinWM. Nod oenntle Beckground.doc EXHIBIT "A" Page 2 of 2 PRIOR PROJECT ACTIONS SUBJECT: NAS Corpus Christi Effluent Reuse Force Main Project No. 7407 / CIP No. WW 36 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. April 29, 2008 — Administrative approval of a Small Contract for Consultant Services with LNV Engineering in the amount of $15,000 for the NAS Corpus Christi Effluent Reuse Force Main project for the completion of a feasibility study on the reuse of the effluent. —86— EXHIBIT "B" Page 1 of 1 CONTRACT SUMMARY 1. SCOPE OF PROJECT: NAS Corpus Christi Effluent Reuse Force Main Project No. 7407 / CIP No. WW 36 This project consists of constructing an effluent pump station and a new force main from the Laguna Madre Wastewater Treatment Plant to Naval Air Station Corpus Christi for effluent irrigation at the NAS -CC golf course. The new force main provides a way to beneficially reuse the effluent from the Laguna Madre WWTP instead of conveying it into the Laguna Madre; it also reduces the demands on the City's potable water system. Ultimately, the City and NASCC plan to construct a new entrance road connecting NAS Drive to Dimmit Drive, allowing for more efficient public access to the golf course. This project will also include the land acquisition tasks associated with this new entrance road. 2. SCOPE OF SERVICES The NE 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 25, 2009 Begin Preliminary Phase Monday March 16, 2009 Begin Design Phase Friday April 10, 2009 Interim Submittal Friday April 24, 2009 City Review Friday May 8, 2009 Pre -Final Submittal Friday May 22, 2009 City Review Friday June 5, 2009 Final Submittal Monday (2) June 15 & 22, 2009 Advertise for Bids Tue/Wed/Thu June 30 & July 1/2, 2009 Pre -Bid Conference Wednesday July 8, 2009 Receive Bids Wednesday July 29, 2009 Begin Construction Weekday April 30, 2010 Construction Completion H: WOMERetlrellelGENMWaslewater17407 -NAS Effluent Reuse Force MeinWne. No. 1\Conlract Summery.eoc EXHIBIT "C" Page 1 of 2 4. FEES SUMMARY OF TASK ITEM FEES ORIGINAL CONTRACT AMENDMENT N0.1 REVISED TOTAL CONTRACT Basic Services 1. Preliminary Phase $15,000 $4,464 $19,464 2. Design Phase $0 $73,024 $73,024 3. Bid Phase $0 $5,628 $5,628 4. Construction Phase $0 $11,292 $11,292 Sub -Total Basic Services: $15,000 $94,408 $109,408 Additional Services 1. Permit Preparation (as applicable) $0 $0 $0 2. ROW Acquisition Survey (AUTHORIZED) $0 $17,024 $17,024 3. Topographic Survey (AUTHORIZED) $0 $12,152 $12,152 4. Environmental Issues $0 $0 $0 5. Construction Observation Services $0 $0 $0 6. Start-up Services $0 $0 $0 7. Warranty Phase $0 $0 $0 8. Provide SCADA Documentation $0 $0 $0 9. Public Meeting $0 $0 $0 Sub -Total Additional Services: $0 $29,176 $29,176 Total Fee: $15,000 $123,584 $138,584 The estimated cost of construction for NAS Corpus Christi Effluent Reuse Force Main is $1,350,000. Therefore, the percentage of design cost to construction cost for Amendment No. 1 is 7 %. —88- HA HOMEWaetaIIM( EMWasta walnA ]AO).NAS Emunnt Rause Force MainWnd No 11Confact Summarv.doc File : \Mproject \councilexhibits \exh7407.dwg Q�u OJ 1 1 LOCATION MAP NOT TO SCALE I NPS CC mr tiMHZ PROJECT # 7407 PROPOSED 12" EFFLUENT LINE "LL . 1111 1 �I��II1 111 -- __ _ ma MATLOCK ST. - —1, Z 111 zz =1— mon PROJECT SITE • ig 7 nlnnnln5 1u11111111111= 11111111111115 nnnnnull= 1111111111= 'mum u111111Im111WIUMu I11�In�liir ::l rlI 111111 MpEI 11111111.11111111111111 = n'11nit: ri: ' 1111111111111111111 MIMI — =11111iiiiii ui •III! 1 u!sLd,11; _IIIU1111111111 = 111111111111III OSED 1111r1„111 _ _ , ' 17si±�1� = ■ .1iii�1, � man N � /�nui� m= t� EfEEEE E� ■= nn" ,.mumm� nnun SOUTH PADRE ISLAND DRIVE .......,�....� r 1 �� WWTP VICINITY MAP NOT TO SCALE EXHIBIT 'D" NAS CORPUS CHRISTI EFFLUENT REUSE FORCE MAIN 03 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 02 -04 -2009 MEW IMMI OW MEM 7 AGENDA MEMORANDUM DATE: February 24, 2009 SUBJECT: Packery Channel South Parking Lot Restrooms 2008 (Project No. 5238) CIP No. PR 14 AGENDA ITEM: A. Ordinance appropriating $425,000 of unappropriated fund balance in the Reinvestment Zone No. 2 Fund 1111 for the Packery Channel Project; Changing the FY 2008 -2009 Operating Budget Adopted by Ordinance No. 027776 to increase appropriations by $425,000; and declaring an emergency. B. Motion authorizing the City Manager, or his designee, to execute a construction contract with Sal -Con, Inc. from Corpus Christi, Texas in the amount of $307,300 for Packery Channel South Parking Lot Restrooms 2008 Phase 1 improvements. ISSUE: The proposed construction contract will provide for restroom facilities at the South Parking Lot at the beach seawall on Windward Drive. The project will include separate men and women facilities to include showers, toilets, changing stations, outdoor seating area, and native landscaping. FUNDING: Funding is available from the Reinvestment Zone No. 2 from unappropriated Fund Balance. RECOMMENDATION: Staff recommends approval of the Motion as presented. Pete Anaya, P. E., Director of Engineering Services Ga Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Tabulation of Bids Exhibit "D" Project Budget Exhibit "E" Location Map —93— H:WOMELLYNDAS%GEMPackery ChanneR5238 - Seawall RestroomMAGENDA MEMO.doc f Parks & Recreation BACKGROUND INFORMATION SUBJECT: Packery Channel South Parking Lot Restrooms 2008 (Project No. 5238) CIP No. PR 14 CONSTRUCTION CONTRACT DESCRIPTION: This proposed contract consists of all work for two (2) new restroom buildings to be located on the Seawall South Parking Lot. The project includes: • site clearing and stripping; • termite control; • cast -in -place concrete; • masonry; • metal fabrications; • rough carpentry; • wood roof and ceiling framing; • finish carpentry; • fiber cement soffit, siding and ceilings; • concrete tile roofing; • joint sealants; • stainless steel doors and frames; • door hardware; • paint and coatings and specialties; • plumbing system and fixtures; • electrical power system and lighting fixtures; and • final site cleanup with proper disposal of all materials; all in accordance with the drawings, specifications, and other contract documents. BID INFORMATION: Bids were received on January 28, 2009 with nine (9) bidders submitting proposals. The bid proposal was set up with a Base Bid only. The bids range from $307,300 to $442,704, with Sal -Con, Inc. of Corpus Christi, Texas submitting the low bid. Staff recommends a contract be awarded to Sal -Con, Inc. in the amount of $307,300. The proposed contractor has performed numerous projects for the City of Corpus Christi and the work has been performed satisfactorily. CONTRACT TERMS: The contract provides for the work to be complete within 180 calendar days of notice to proceed. —94— EXHIBIT "A" Page 1 of 3 EXHIBIT "A" Page 2 of 3 I BACKGROUND INFORMATION: This project is Phase 1 of proposed Packery Channel Improvements. It is part of a multi - phased program to enhance the Channel area by including amenities for the use and enjoyment of the public. The approved FY 2009 Capital Improvement Program (CIP) includes the following five phases of improvements to Packery Channel and a sixth phase is included in the long -range CIP: 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. (This proposed project.) $307,300 Phase 2 Parking and Overlooks Design and construction of parking areas and overlooks on the north side of the channel and walkways on the north and south sides of the channel. (City Council approved this Consultant Contract with Freese and Nichols on February 10, 2009.) $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. (Design Contract awarded to Freese & Nichols administratively) $258,622 —95— 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. $877,500 Phase 6 Administration and Maintenance Building (Long -Range CIP) 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 Packery Channel lookout areas just south of Zahn Road. $666,893 PROJECT FUNDING: This agenda item includes appropriation of unappropriated fund balance from the Reinvestment Zone No. 2 consisting of proceeds from the Packery Tax Increment Financing District. Funds have been appropriated to finance: • Construction for Phase 1: • Contingencies /Incidentals for Phase 1: o This includes a 10% construction contingency as well as allowances for materials testing, printing, advertising, and reimbursements. • Phase 2 Incidentals: o This includes a 15% allowance for any necessary A/E amendments, testing agreements, and reimbursements. • Design /Incidentals for Phase 4: o 15% allowance for any necessary NE amendments, testing agreements, and reimbursements. • Remaining to encumber Monitoring Contract: $307,300 58,730 25,000 15,000 18.970 TOTAL TO APPROPRIATE: $425,000 —96— EXHIBIT "A" Page 3 of 3 PRIOR PROJECT ACTIONS SUBJECT: Packery Channel South Parking Lot Restrooms 2008 (Project No. 5238) CIP No. PR 14 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. July 30, 2008 — Executed Small A/E Agreement with Chuck Anastos Associates, LLC from Corpus Christi, Texas in the amount of $23,000 for the Packery Channel South Parking Lot Restrooms 2008 Project. 2. September 29, 2008 — Executed Amendment No. 1 to the Small A/E Agreement with Chuck Anastos Associates, LLC from Corpus Christi, Texas in the amount of $7,500, for a total re- stated fee of $30,500, for the Packery Channel South Parking Lot Restrooms 2008 Project. 3. October 29, 2008 — Executed Amendment No. 2 to the Small A/E Agreement with Chuck Anastos Associates, LLC from Corpus Christi, Texas in the amount of $3,500, for a total re- stated fee of $34,000, for the Packery Channel South Parking Lot Restrooms 2008 Project. EXHIBIT "B" Page 1 of 1 H:\USERS2HOMENELMAPVGENPACKERV CHANNELL5238 PACKERV CHANIL fOUTH PARKING LOT RESTROOMSICONSTRUCTIONIPRIOR PROJECT ACTIONS 0 0 QN co a K co 0 G LL a0 O} 0 F Z O , 5" Z 7 F. mW H Z U. z W 0 0 Z W N g • Q w 0_ N 411 o C 0 0 c a c W `0 0 0 u.i n: A r 2 6 0, a TABULATED BY: Progressive Structures, Inc. P. O. Box 270713 Corpus Christi, TX 78427 AMOUNT 1 0 0 00 0 N w I UNIT PRICE 0 0 0 0 N co 69 Nuway International, Inc. 2621 Holly Road Corpus Christi, TX 78415 AMOUNT 0 ai N co d, UNIT PRICE 00 n N N- C.; 0 Sal -Con, Inc. 1442 Cliff Maus Drive Corpus Christi, TX 78405 AMOUNT I O 0 0 M 0 is UNIT PRICE 0 0 0 64 PACKERY CHANNEL SOUTH PARKING LOT RESTROOMS 2008 PROJECT NO. 5238 F Z 7 J O AMOUI DESCRIPTION Fumish all labor and materials, tools, and necessary equipment, and to perform the work required at the locations set out by the plans and specifications and in strict accordance with the contract documents. 2 1 O Winship Construction, Inc. 5019 Ambassador Row Corpus Christi, TX 78416 F Z O 2 Q 0 0 0 N icc 0 m UNIT PRICE oo 0 0 N N m 69 Safe Net Services, LLC 1310 Glenoak Drive Corpus Christi, TX 78418 AMOUNT 0 0 O N. 0 CO O 69 UNIT PRICE 0 0 0 mco ce Bay Area Contracting & Constr 3902 S. Port Corpus Christi, TX 78415 AMOUNT O O 6 0 i9 UNIT PRICE 0 0 0 co 69 PACKERY CHANNEL SOUTH PARKING LOT RESTROOMS 2008 PROJECT NO. 5238 F Z J y7 F AMOUI DESCRIPTION Fumish all labor and materials, tools, and necessary equipment, and to perform the work required at the locations set out by the plans and specifications and in strict accordance with the contract documents. 2 F O Construction 2 Neptune :hristi, TX 78405 Z 0 f Q $442,704.00 UNIT PRICE I $442,704.00 0 O N N nstruction, Ini Apollo Road :Nistl, TX 784 AMOUI V fa W O U 6 1 CO N ~ a 7 O O 0 0 O 0 Builders, Inc 0 E. Ave. D rifle, TX 7836 AMOI. Ca 0 0 TI 0 69 r_ _ CO 7 d PACKERY CHANNEL SOUTH PARKING 1 RESTROOMS 2008 PROJECT NO. 5238 DESCRIPTION Fumish all labor and materials, tools, and necessary equipment, and to perform the wor required at the locations set out by the plans and specifications and in strict accordance with the contract documents. 2 1 c IEXHIBIT "C" 1 Pagel of 1 PROJECT BUDGET PACKERY CHANNEL SOUTH PARKING LOT RESTROOMS 2008 Phase 1 Project No. 5238 February 24, 2009 FUNDS AVAILABLE: Packery Channel $400,030.00 FUNDS REQUIRED: Construction (Sal -Con, Inc.) $307,300.00 Contingencies (10 %) 30,730.00 Consultant (Chuck Anastos Associates, LLC) 34,000.00 Materials Testing 12,000.00 Reimbursements 12,000.00 Misc. (Printing, Advertising, etc.) 4,000.00 Total $400,030.00 —99— Exhibit D Page 1 of 1 File : \ Mproject \councilexhibits \exh5238.dwg LOCATION MAP NOT TO SCALE 0 0 UJ TO CORPUS CHRISTI 000 att O PARKING LOT RESTROOMS PROJECT # 5238 f VICINITY MAP NOT TO SCALE EXHIBIT "E' PACKERY CHANNEL SOUTH PARKING LOT RESTROOMS 2008 100 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI. TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 2/02/2009 1%10 *NOP ORDINANCE APPROPRIATING $425,000 OF THE UNAPPROPRIATED FUND BALANCE IN THE REINVESTMENT ZONE NO. 2 FUND 1111 FOR THE PACKERY CHANNEL PROJECT; CHANGING THE FY 2008 -2009 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 027776 TO INCREASE APPROPRIATIONS BY $425,000; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. An amount of $425,000 of the Unappropriated Fund Balance in the Reinvestment Zone No. 2 Fund 1111 is appropriated for the Packery Channel Project. SECTION 2. The FY 2008 -2009 Operating Budget adopted by Ordinance No. 027776 is changed to increase appropriations by $425,000. SECTION 3. 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 24th of February, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved as to form: 12- Feb -09 By: 11\0 t/4, 0 Veronica Ocanas Assistant City Attorney for City Attorney 022409 ORD App $425,000 for Packery Channel Project —101— 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 Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 022409 ORO App $425,000 for Packery Channel Project — 1 0 2 8 AGENDA MEMORANDUM AGENDA ITEM: February 24, 2009 a. Motion approving the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement submitted by Extreme Homes of Texas, LLC, owner and developer of Maple Hills Subdivision Unit 5, located south of Up River Road and east of McKenzie Road, for the upsizing of 718 linear feet of PVC sanitary sewer collection line from 8 inch diameter to 10 inch diameter; and b. Ordinance appropriating $5,390.39 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse Extreme Homes of Texas, LLC, for the upsizing of 718 linear feet of PVC sanitary sewer collection line from 8 inch diameter to 10 inch diameter for the development of Maple Hills Subdivision Unit 5, as specified in the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement; and declaring an emergency. ISSUE: Extreme Homes of Texas, LLC, owner and developer of Maple Hills Subdivision Unit 5, has installed an on -site oversized 10 -inch PVC sanitary sewer collection line, in accordance with approved construction plans, beginning at Up River Road at the northern limits of the subdivision and extending south approximately 718 linear feet to the south boundary of the subdivision. Reimbursement of the developer's construction costs for installing the oversized collection line will be processed once the City Council approves the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement and appropriates funds from the Sanitary Sewer Collection Line Trust Fund in compliance with the Platting Ordinance, Section V.B.6. RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. V tact A Juan Peralis, Jr., P.E. Interim ACM of Development Services Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Background Information Location Map Final Plat for Maple Hills Unit 5 Schematic Diagram of Proposed Wastewater System Construction Request for Sewer Line Reimbursement Construction Unit Bid Prices Planning Commission meeting minutes for January 21, 2009 Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement -105- AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Maple Hills Subdivision Unit 5 is a 62 lot residential subdivision project located southeast of the intersection of McKenzie Road and Up River Road in the Tuloso- Midway area of the City as shown on the attached location map (Exhibit B). The platting and development of Maple Hills Unit 5 Subdivision, as shown on the final plat for the project (Exhibit C), requires construction of necessary wastewater collection system improvements. The original design for wastewater service for this development consisted of an 8 inch diameter collection line starting at the southern boundary of the property, and flowing northward to the proposed trunk main in Up River Road. During review of the proposed construction plans for the Maple Hills Unit 5 subdivision, Development Services and Wastewater Department staff determined that, by installing a 10 inch main, wastewater service could be extended in the future to other property beyond the southern limits of the Maple Hills Unit 5 development. A schematic diagram of the proposed wastewater collection system is included as Exhibit D. Section V.B.6.f)(2)(i) of the Platting Ordinance states `If the developer installs such collection line, the developer shall be credited for the actual off -site installation costs as well as any oversizing beyond his needs and as required by the Director of Engineering Services /City Engineer," Consequently, LNV Engineering, on behalf of Extreme Homes of Texas, LLC, the developers of Maple Hills Subdivision Unit 5, submitted a letter requesting reimbursement of the cost of the larger diameter sanitary sewer line over and above that required to serve the Maple Hills Unit 5 development, on September 5, 2007 (Exhibit E). The amount of the reimbursement requested, $5,390.39, was based on actual contractor bid prices for the different pipe sizes (Exhibit F). At that time, staff determined that this request did not meet the criteria for reimbursement, based on their interpretation of Section V.B.6.f)(2)(i) of the Platting Ordinance quoted above. In their determination, staff considered the off-site and oversizing factors as dependent, not independent requisites for reimbursement, and denied the request for reimbursement. Based on that determination, the developers initiated construction of the subdivision in accordance with approved construction plans without entering into a reimbursement agreement. Subsequent to the beginning of construction, however, the developer requested reconsideration of their previous reimbursement submittal. Reconsideration of the reimbursement request has been completed by senior Legal and Development Services staff, and approval is now recommended, based on the determination that it is the intent of the ordinance that the off -site and oversizing factors be considered as independent requisites. If the requisites are considered independently, the reimbursement request for oversizing the wastewater collection line can be approved. Section V.B.6.f)(2)(ii)(3) of the Platting Ordinance, however, states "The developer must submit an application for reimbursement, including all cost - supporting documentation, to the Director of Engineering /City Engineer prior to the installation of the collection line." In addition, Section V.B.6.f)(2)(ii)(4) of the Platting Ordinance states "A collection line extension construction and reimbursement agreement has been approved by the City Council before the developer starts -106 - Pana 1 of 2 EXHIBIT A construction." Therefore, a variance from these sections of the Platting Ordinance is necessary before City Council may consider the approval of a reimbursement agreement and appropriation of funds. The Planning Commission, during its meeting of January 21, 2009, reviewed and approved the proposed variance to the Platting Ordinance requirements. The applicable minutes of this meeting are attached as Exhibit G. The proposed reimbursement agreement is included as Exhibit H. Funding for the reimbursement has been determined to be available through the Sanitary Sewer Collection Line Trust Fund. -107 — Page 2 of 2 EXHIBIT A 1 CITY OF CORPUS CHRISTI Ll Z Z 0 v CD z CO 0 D (f) < 0 J 0 J J cQ t r— T LW JOB NO: 07001 EXHIBIT B cure, ') ,,, o -109- EXHIBIT C .M MAPLE HILLS SUBDIVISION, UNIT 5 CORPUS CHRISTI, TEXAS SCHEMATICS .cifLNV ENGINEERINGIh en neon a consu ant, Cc 32451:wrist -110- EXHIBIT D APPLICATION FOR COLLECTION LINE CONSTRUCTION AND REIMBURSEMENT AGREEMENT Uwe, Extreme Homes of Texas, LLC, owner and developer of the proposed Maple Hills Unit 5 Subdivision, hereby request reimbursement of $5.390.39 for the installation of the collection line in conjunction with Maple Hills Unit 5 Subdivision, as provided for by City Ordinance No. 17396. Said $5,390.39 is the construction cost, including engineering cost, as shown by the cost supporting documents attached herewith. 024209 (Developer) (Date) THE STATE OF TEXAS )( COUNTY OF NUECES )( This instrument was acknowledged before me on Fehructr y c9rn/ , 20 ©q By John it KuLeneaJc, mtnil tor, iclr�mee (03 o4 1.Q5-es, LL-C , (a Texas Limited Liability Corporation, on behalf of said corporation). CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) sufficiency of funds in the Collection Line Trust Fund, and (b) approval and appropriation by the City Council. Development Services Engineer —111— gel (Date) Maple Hills Subdivision, Unit 5 BASE BED STREET WORK IMPROVEMENTS TOTAL NO. QTY A -1 A -2 A -3 A-4 A -5 ITEM UNIT 14,120 Street Excavation, complete in place per square yard. 1 Site Grading/Lots, complete in place per lump sum. 4,676 6" Caliche Base, complete in place per square yard. 4,652 8" Caliche Base, complete in place per square yard. 8" Lime Stabilized Subgrade, complete in place per square yard. 6,023 SY UNIT PRICE TOTAL PRICE LS SY 1.45 1 20,474.00 31,000.00 1 31,000.00 SY SY 9.50 1 44,422.00 11.50 ( 53,498.00 A-6 5,587 A -7 9,327 Prime Coat, complete in place per square yard. A -8 4,676 1 -12" HMACP, complete in place per square yard. A -9 4,652 2" HMACP, complete in place square yard. A -10 5,245 6" Curb & Gutter, complete in place per linear foot. A -11 19,889 Concrete Sidewalk, complete in place per square foot. Handicap Ramps w/ Truncated Domes, complete in place per each. 10" Lime Stabilized Subgrade, complete in place per square yard. A -I2 12 413 5 1Street Signs, complete in place per each. STREET WORK IMPROVEMENTS TOTAL SY 4.00 1 24,092.00 5.00 27,935.00 SY SY SY LF SF 1.00 1 9,327.00 8.75 1 40,915.00 10.50 1 48,846.00 10.00 1 52,450.00 EA EA 3.75 1 74,583.75 600.00 i 7,200.00 550.00 1 2,750.00 $ 437,492.75 WATER DISTRIBUTION B-1 1,382 6" Waterline, complete in place per linear foot. 13-2 8 6" 45° Bends, complete in place per each. B -3 2 6" Plug, complete in place per each. B-4 703 8" Waterline, complete in place per linear foot. B -5 4 8" 45° Bends, complete in place per each. B -6 1 8" Plug, complete in place per each. B -7 1 Waterline Connection, complete in place per each. Fire Hydrant Assembly w/ Mainline Tee, complete in place per B -8 7 each. B -9 62 Water Service, complete in place per each. WATER DISTRIBUTION IMPROVEMENTS TOTAL LF 24.00 33,168.00 EA 250.00 EA 150.00 2,000.00 300.00 LF 28.00 19,684.00 EA 365.00 1,460.00 EA 200.00 200.00 EA 2,500.00 2,500.00 EA 2,850.00 19,950.00 EA 600.00 37,200.00 S 116,462.00 WASTEWATER C-1 C -2 C -3 C-4 C -5 C -6 C -7 1 2 1,737 8" Wastewater Line, complete in place per linear foot. 3 8" Plug, complete in place per each. 718 10" Wastewater line, complete in place per linear foot. 4' e Wastewater Manhole (0' -6' Depth), complete in place per 5 linear foot. Extra Depth for 4'e Manhole (Over 6' Depth), complete in place 3 per linear foot. 62 Wastewater Service, complete in place per linear foot. Trench Safety (Wastewater), complete in place per linear foot. ,620 IS 29.00 50,373.00 EA 150.00 450.00 LF 36.00 LF 2,500.00 25,848.00 12,500.00 VF 275.00 825.00 EA 550.00 34,100.00 LF 2.00 WASTEWATER IMPROVEMENTS TOTAL 5,240.00 S 129,336.00 STORM WATER D-1 376 18" RCP, complete in place per linear foot. LF 29.00 10,904.001 D -2 51 24" RCP, complete in place per linear foot LF 38.00 1,938.00 Bid Proposal Page 1 of 3 - 1 1 2- EXHIBIT F MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday January 21, 2009 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman James Skrobarczyk John C. Tamez Govind Nadkarni Johnny R. Martinez Evon J. Kelly Mark Adame ABSENCES: None I. CALL TO ORDER Garza. STAFF: Johnny Perales, Interim Assistant City Manager of Development Services/ Special Services Miguel Saldana, AICP, Special Services Bob Payne, AICP, Senior City Planner Dan McGinn, Project Manager Annissa Garrett, City Planner Andrew Dimas, Planning Technician Yvette Aguilar, Assistant City Attorney Debra Brown, Assistant City Attorney Elena Juarez, Recording Secretary A quorum was declared and the meeting was called to order at 5:35 p.m. by Chairman II. APPROVAL OF MINUTES Motion for approval of the January 7, 2009 minutes was made by Commissioner Tamez and seconded by Commission Martinez. Motion passed unanimously. PUBLIC HEARING AGENDA ITEMS A. PLATS 1. Continued Plat Mr. Miguel Saidana, Development Services, read Continued Plats agenda item "a" (shown below) into the record, stating this plat is submitted for continuance to the February 4, 2009 Planning Commission meeting. a. 0109005-NP005 (08-21000032) River Square Unit 2, Block 8, Lots 5A & 5B (Final Replat - 2.28 Acres) Located north of Interstate Highway 37 and east of McKinzie Road. Public hearing was opened. No one came forward in support or opposition. Public hearing was closed. -113- Planning Commission Minutes January 21,2009 Page 2 Motion for approval of the continuance was made by Commissioner Tamez and seconded by Commissioner Govind. Motion passed unanimously. 2. New Plat Mr. Saldana read New Plats agenda item "a" (shown below) into the record and stated this item is submitted for a continuance to the February 4, 2009, Planning Commission meeting. a. 0109006 -NP006 (09- 21000001) La Palmera Mall, Block 1, Lots 1 & 2 (Final Replat - 59.384 Acres) Located north of South Padre Island Drive (SH 358) and west of South Staples Street. As a courtesy, Chairman Garza asked if anyone present would like to come forward in favor or in opposition of the continuance. No one came forward. Motion for approval of the continuance was made by Commissioner Nadkarni and seconded by Commissioner Martinez. Motion passed unanimously. B. ZONING 1. Tabled Zoning a. Case No. 1008 -05 Reimco. Ltd. - A change of zoning from a "F -R" Farm -Rural District to an "I -2" Light Industrial District resulting in a change of land use from rural to industrial, 42.19 acres out of Lots 7 and 8, Block 2, Nueces River Irrigation Park located on the northwest comer of County Road 69 and County Road 52. Mr. Payne presented the above case via Power Point, stating the applicant is Reimco, Ltd. Mr. Payne stated there is controversy regarding this case. Mr. Payne stated this case has been tabled twice. Mr. Payne stated the purpose of this change of zoning request is to relocate Nueces Co. Electric Co -op. Mr. Payne stated currently percentage of homeowner's in notice area that were opposed to change of zoning is 22.66%. Mr. Payne stated staff recommends denial. In response to Commissioner Skrobarczyk, Mr. Bob Payne stated at this time I -69 is U.S. 77, to the east of the subject property. Also, I -69 should not be confused with County Road 69 which is designed as an arterial on the transportation plan. Public hearing was opened. Ted Van Blarcum, 5077 Siesta Loop, came forward in opposition stating primary reason for opposition was proximity to his church which was purchased because the city master plan showed future use as residential. Mr. Van Blarcum also cited traffic issues as well as hours of operation. -114- Planning Commission Minutes January 21, 2009 Page 3 Ted Clower, representative for Driscoll Foundation, and owners of the property stated location selection is critical for returning service and their choice of locations is due to the relative proximity of other substations. In response to Chairman Garza, Bob Payne stated that a PUD had not been discussed with the applicant. Dave Koepke, an independent consultant brought in by Nueces Co. Electric Co -op, stated that in his options the land would not be used for residential purposes. Dennis Morgan, 4550 River Park Drive, came forward in opposition and also stated that property owners #1,2,5,6 and 7 on the Notice Ownership Map are also in opposition. Charles Wilson, 4856 County Road 69, #3, came forward in opposition and stated the proposed change in zoning is not in keeping with the city's future development, there are safety issues, there is an inadequate infrastructure, possibly added pollution, traffic issues and the existing Robstown facility is unattractive. Lynn Anderstein, Riverway Drive, came forward in opposition stated heavy traffic issues. Maureen Sacky, 13934 River Rock, representative from River Ridge Subdivision, came forward in opposition and reiterated Mr. Wilson's concerns. Mrs. Sacky handed a petition to Mr. Bob Payne Sam Guajardo, 13902 River Rock, came forward in opposition stating the hospital made similar landscaping promises they did not fulfill. Mr. Guajardo stated current Radiology Associates has a parking overflow and also stated concerns regarding street light and thoroughfares. Michael Clifford, 14931 Sandy Creek, came forward in opposition stating he does not want an "I -2" Light Industrial District in his neighborhood. Fred Nemec, 3362 County road 52, came forward in opposition stating road concerns regarding County Road 52 and 69. Don Boyd, 14018 River Rock, came forward in favor but not in this neighborhood. Mr. Kosarek simply stated traffic concerns and equated the current proposed expansion to that of south side planning and traffic changes done in the Holly area. Linda Wilson, 4856 County Road 69, #3, came forward and chose to give her public speaking time to her husband, Charles Wilson. Mr. Wilson came forward and reiterated his opposition. Rick Kosarek, 3649 County Road 52B, came forward neither in opposition nor in favor simply stating traffic concerns regarding County Road 52 and irrigation canal. Karen Vaughn, 3627 County Road 52B, came forward in opposition and stated she reiterated previously stated opposition. Greg Besdy, 14033 Riverway Drive, came forward in opposition. -115- Planning Commission Minutes January 21,2009 Page 4 Tim Clower, representative for applicant, came forward in favor presenting photographs of Fox's Tree Nursery in rebuttal to the previous opposition regarding unflattering building premises and landscaping. In response to Chairman Garza's request, Jim Sims, NEC Retail Representative stated this property was an ideal location, will increase reliability and hurricane readiness and efficiency. Sam Guajardo came forward again in opposition. Becky McNamara, 2707 Deer came forward in opposition and requested that church members present at the meeting stand so commissioners could see the number of those opposed from the church. Approximately 25 -35 people were in attendance. Chairman Garza stated he did not believe "I -2" is appropriate and believes that even with site plan and Planning Commission approval that the applicant will not receive the super- majority that will be needed by the City Council. Public hearing was closed. Motion for denial was made by Commissioner Martinez and seconded by Commissioner Tamez with Commissioner Huerta abstaining. Chairman Garza question whether any further discussion was necessary. Commissioner Nadkarni stated the need for a compromise between the applicant and the community. In response to Commissioner Skrobarczyk and Commissioner Nadkarni, Bob Payne stated if the applicant withdraws the case before the case is presented to City Council, then a new rezoning case for the property must wait one year. Commissioner Skrobarczyk stated he would prefer to table the application. Chairman Garza requested roll call. Commissioner Adame, Commissioner Kelly, Commissioner Tamez, Commissioner Martinez, Chairman Garza voted to deny the change of zoning request. Commissioner Skrobarczyk and Commissioner Nadkarni voted against denial of the rezoning request. Motion passed for denial of request for an "I -2 ", Light Industrial District with Commissioner Huerta abstaining. Note: At this point, Vice - Chairman A. Javier Huerta, Commissioner Martinez and Commissioner Nadkarni left the planning commission meeting. b. Case No. 0109 -03 Andrew Salmon — A change of zoning from a `13-1" Neighborhood Business District to an "I -2" Light Industrial -1 1 6- Planning Commission Minutes January 21, 2009 Page 5 District resulting in a change of land use from residential to commercial Carroll Place, Unit 7, Block 1, Lot 3, located on the north side of Holly Road approximately 900 feet from the Holly Road and Carroll Lane intersection Mr. Payne presented the above case via PowerPoint, stating the applicant is Andrew Salmon. Mr. Payne stated the applicant is requesting a change of zoning from "B -1" Neighborhood Business District to "I -2" Light Industrial District and staff recommends denial of the "I -2" Light Industrial District. Mr. Payne stated that Planning Commission had asked for an alternative recommendation for commission consideration. The alternative is to approve a `B-4" General Business District with a Special Permit subject to a site plan and the following four (4) conditions: 1. Uses: The only use permitted by the Special Permit other than those uses permitted by right in the "B-4" General Business District are retail sales of clay, stone and glass products, including granite slabs, and outdoor storage within the screening area depicted on the site plan. 2. Screening: A wooden screening fence or masonry wall with a minimum height of six (6) feet shall be installed per the site plan. Such storage materials shall not exceed the height of the fence. 3. Lighting: All outdoor lighting must be directional and shielded away from adjacent properties, and light poles must be no higher than 15 feet. Cutoff shields are required for all lighting. No lighting is permitted to project beyond the rear property line. 4. Time Limit: This Special Permit expires one (1) year from the date of this ordinance, unless the property is being used as outlined in Condition 411 and in compliance with all other conditions Public hearing was opened. Andrew Salmon, owner of the property states he is in agreement with alternative recommendation. Public hearing was closed. Motion for denial of the "I -2" Light Industrial District and in lieu thereof approval of "B -4" General Business District with a Special Permit and four conditions as presented was made by Commissioner Skrobarczyk and seconded by Commissioner Kelly. Motion passed unanimously with Vice - Chairman A. Javier Huerta, Commissioner Martinez and Commissioner Nadkarni being absent from the vote. c. Case No. 0109 -04 Augustine Charles Prochazka — A change of zoning from "FR' Farm Rural District to an "R-1A" One Family Dwelling District resulting in a change of land use from farm and rural to single family residential use 0.91 acres out of a 15.11 acre tract recorded in file number 2008025662 of the Deed Records of Nueces County, Texas located on the east side of Figueroa Road between Up River Road and the Nueces River. -117- Planning Commission Minutes January 21, 2009 Page 6 Mr. Andrew Dimas presented the above case via PowerPoint presentation. Mr. Dimas stated that staff recommends denial of "R -1A" in lieu thereof withdrawal of the application giving applicant time to plat a five acre lot and for staff to prepare a development agreement to reduce or defer development fees until the property is proposed for a use other than for brush and pasture land with a fishing pier and gazebo.. Chairman Garza stated concerns with tabling without a resolution in sight and also stated concerns with applicant not attending last meeting on January 7, 2009 or today's meeting on January 21, 2009. In response to Commissioner Skrobarczyk, Mr. Dimas stated that the applicant was in fact aware of the Planning Commission meeting and was encouraged to attend the meeting. Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed. Motion to table the case to the February 4, 2009 Planning Commission meeting was made by Commissioner Skrobarczyk and seconded by Commissioner Tamez. Motion passed unanimously with Vice - Chairman A. Javier Huerta, Commissioner Martinez and Commissioner Nadkarni being absent from the vote. d. Case No. 0109 -06 Charles K. Miller - A change of zoning from " "I -2" Light Industrial District to an "I -3" Heavy Industrial District resulting in a change of land use from to Light industrial to heavy industrial Roblex Industrial Area, Block 6, Lot 16 located on the east side of Flato Road approximately 0.17 miles north at Bear Lane The above case was presented via PowerPoint by Mr. Bob Payne. Mr. Payne stated there was a computer issue with notices being received by owners within the required notice area and requested that the case be tabled to the February 4, 2009 Planning Commission meeting so new notices could mailed. Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed. Motion to table the case to February 4, 2009 was made by Commissioner Skrobarczyk and seconded by Commissioner Kelly. Motion passed unanimously with Vice - Chairman A. Javier Huerta, Commissioner Martinez and Commissioner Nadkami being absent from the vote. —118— Planning Commission Minutes January 21, 2009 Page 7 2. New Zoning a. Case No. 0109 -05 Proportional Prosperity- A change of zoning from "B -4" General Business District to an "I -2" Light Industrial District resulting in a change of land use from business to light industrial Las Colonias Subdivision Unit 4, Block 1, Lots 25, 26 and 27 Located at the northeast corner of Saratoga and Calle Las Colonias approximately t/z mile east of Greenwood Drive Mr. Andrew Dimas presented the above case via PowerPoint presentation. Mr. Dimas stated the applicant is requested a change of zoning from "B -4" General Business District to an "I -2" light Industrial District. Chairman Garza deferred to legal regarding Commissioner Adame. Yvette Aguilar, Attorney for the city, informed the Planning Commission that Commissioner Adame would have to abstain from this case. Mrs. Aguilar also informed the Planning Commission the case would automatically be tabled to February 4, 2009 due lack of a quorum with only Commissioner Kelly, Commissioner Tamez, Commissioner Skrobarczyk and Chairman Garza able to vote on this case. Mr. Mark Gamboa, applicant from San Antonio, TX came forward to state his only purpose in requesting a change of zoning is to include outdoor storage on his property. Will Douglas, the property's realtor, came forward to state the only purpose in requesting a change of zoning is to follow city regulations regarding outdoor storage. b. Case No. 0109 -07 B.L. Real Estate Holdings — A change of zoning from a "R -1C" One - family Dwelling District to an "A -2" Apartment House District resulting in a change of land use from low density residential to medium density residential Tyler Subdivision, Block 1, Lot 11 located on the east side of Claudia Drive approximately 400 feet north of the Laguna Shores Road The above case was presented by Mr. Andrew Dimas via PowerPoint presentation. Mr. Dimas stated the applicant has requested a change of zoning from "R -1C" One - family Dwelling District to an "A -2" Apartment House District. Mr. Dimas stated staff recommends approval of "A -2" Apartment House District. In response to Commissioner Skrobarczyk, Mr. Dimas stated the percentage of notices received in opposition totaled 18%. Public hearing was opened. —119— Planning Commission Minutes January 21, 2009 Page 8 Mr. James Preis, 2151 Burgatin. came forward in opposition stating that those listed as being in favor on the requested change of zoning are in fact properties that belong to the applicant. Mr. Preis stated he had no issues with previous zoning requests from B.L. Real Estate but currently his main concem was parking and traffic. Mr. Roger Viar, representing B.L. Real Estate stated he only wants to provide additional lodging and currently has ten full -time fishing guides for Laguna Madre. In response to James Preis, Mr.Viar stated the streets have been narrow for quite some time. Public hearing was closed. Motion to approve was made by Commissioner Skrobarczyk and seconded by Commissioner Tamez. Motion passed unanimously with Vice -Chair Huerta, Commissioner Martinez, and Commissioner Nadkarni not being present for the vote. C. ZONING ORDINANCE TEXT AMENDMENT TO ARTICLE 27B LANDSCAPE REQUIREMENTS, SECTION 11 SUBMITTAL PROCEDURES (Continuation) Mr. Bob Payne presented information regarding text amendment and would allow submittal of landscape plans by a non - certified and non - registered designer with a landscape architect degree and, experience under the supervision of a registered architect or experience submitting plans to the city. The proposed amendment also contains a change to allow a registered engineer to submit landscape plans consistent with state law and specific criteria for sites and landscaping situations where landscape plans must be sealed by either a registered landscape architect or a registered engineer. Commissioner Skrobarczyk stated concerns as to whether those involved in the changes were present at the meeting. Public hearing was opened. No one came forward in favor or in opposition Public hearing closed. Motion to table proposed text amendment to February 4, 2009 was made by Commissioner Skrobarczyk and seconded by Commissioner Tamez. Motion passed unanimously with Vice -Chair Huerta, Commissioner Martinez and Commissioner Nadkarni being absent for the vote. D. AMENDMENT TO THE CORPUS CHRISTI URBAN TRANSPORTATION PLAN (ZAHN ROAD) Mr. Dan McGinn, Project Manager, presented information regarding an amendment to the Corpus Christi Transportation Plan (Zahn Road) and stated that a modified collection design is needed. Mr. McGinn stated currently the road functions as a one way exit point for large crowds leaving the beach during peak events. In response to Commissioner Skrobarczyk, Juan Perales stated that more detailed information could be brought at the next meeting regarding prohibition of parking. -120- Planning Commission Minutes January 21, 2009 Page 9 Greg Thompson, Naismisth Engineering, reviewed transportation plans including emergency access during peak events. Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed. Motion to approve was made by Commissioner Skrobarczyk and seconded by Commissioner Tamez. Motion Passed unanimously with Vice -Chair Huerta, Commissioner Martinez and Commissioner Nadkarni not being present for the vote. E. PLATTING ORDINANCE VARIANCE FOR MAPLE HILLS UNIT 5 SANITARY SEWER COLLECTION LINE REIMBURSEMENT AGREEMENT Mr. Juan Perales presented the above variance and stated that previously staff considered the reimbursement agreement to be cumulative and to be disbursed at the end of the project in its entirety. Mr. Perales stated that staff and legal has reviewed the ordinance and now feels that the reimbursement is not cumulative and can be reimbursed. The variance is being requested because the ordinance currently states that the reimbursement must be approved before the construction takes place. Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed. Motion to approve the variance was made by Commissioner Tamez and seconded by Commissioner Skrobarczyk. The motion passed unanimously with Vice -Chair Huerta, Commissioner Martinez and Commissioner Nadkarni not being present for the vote. F. PLATTING ORDINANCE VARIANCE FOR MAPLE HILLS UNIT 5 STREET PAVEMENT PARTICIPATION AGREEMENT Mr. Juan Perales presented the above variance and stated that as in above case staff considered the reimbursement agreement to be cumulative and to be disbursed at the end of the project in its entirety. Mr. Perales again stated that staff and legal has reviewed the ordinance and now feels that the reimbursement is not cumulative and can be reimbursed. The variance is being requested because the ordinance currently states that the reimbursement must be approved before the construction takes place. Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed. —121— Planning Commission Minutes January 21, 2009 Page 10 Motion to approve the variance was made by Commissioner Kelly and seconded by Commissioner Tamez. The motion passed unanimously with Vice -chair Huerta, Commissioner Martinez and Commissioner Nadkami not being present for the vote. IV. DISCUSSION ITEMS A. UNIFIED DEVELOPMENT CODE PROCESS UPDATE Mrs. Annissa Garret, City Planner, presented an update on the Unified Development Code (UDC) and program. Mrs. Garrett stated in 2005 Duncan Associates were selected to assist with the UDC. She also stated the UDC has gone through a 45 day public review and staff has reviewed 500 comments and seven focus groups were developed. Currently six of the seven groups have completed their reviews and the changes have been incorporated. Mrs. Garrett also added that section by section analysis has been conducted to check for internal consistency. Mrs. Garrett stated the following items still need to be completed: verify accurate focus group draft document, verify accurate staff draft document, compile analysis of changes, create Planning Commission transmittal memorandum, and create public hearing schedule/notices and advertisement. In response to Commissioner Skrobarczyk, Annissa Garrett stated that if a joint meeting with City Council takes place then only a notice in the news paper could be required. She also stated the approximate timeline for finishing the project included April as a finishing point. B. DISCUSSION OF THE DEPARTMENT ACCOMPLISHMENTS AND FOUNDATIONS FOR THE WORK PROGRAM Bob Payne stated the intent of this discussion is simply that more time needs to be given for preparation of upcoming Planning Commission workshops. Chairman Garza stated he would rather wait to give staff time to compile the best possible workshop. The commissioners agreed to cancel the currently scheduled workshops. C. FOLLOW UP PRESENTATION/DISCUSSION ITEM FOR PLANNING AGENDA OF JANUARY 2009, RELATED TO PROPOSED AMENDMENTS TO THE CITY OF CORPUS CHRISTI PLATTING ORDINANCE Mr. Juan Perales stated the purpose is to redistribute the revenue coming into the trust funds and to provide means to incorporate a density factor when calculating water and wastewater lot acreage fees. In response to Commissioner Tamez, Mr. Perales stated that money could come from 01' program contributing to this fund which would be used to increase the trust funds. Mr. Perales stated that the question of how much money will be diverted from CIP will need to be addressed. In response to Chairman Garza, Mr. Perales stated the plan is to draft an amendment and bring it back to the Planning Commission. V. DIRECTOR'S REPORT A. ABSENCES Bob Payne stated there were no absences to report. B. RESIGNATION OF PLANNING COMMMISSIONER LOEB —122— Planning Commission Minutes January 21,2009 Page 11 Mr. Payne informed the Planning Commission that Commissioner Loeb had resigned and is running for City Council. C. BIOGRAPHICAL INFORMATION FOR PLANNING COMMISSIONER APPLICANT Mr. Payne informed the Planning Commission that Biographical information for possible replacement commissioners is available in the packet. Mr. Payne stated he was unsure when the vacancy would go to City Council. D. FUTURE SCHEDULED MEETINGS Mr. Payne stated the following meetings are scheduled: February 4, 2009 February 18, 2009 E. CITY COUNCIL ACTION ON CASES Mr. Payne stated the following cases went before the City Council: January 13, 2009 Case No. 1108 -02 Al Crozier/Prime Income Asset Management — Approved B -2 District Case No 1008 -04 Raquel Medina — Approved Special Permit Mr. Payne stated the following cases scheduled to go before the City Council: January 27, 2009 Case No. 1208 -01 Mostaghasi Investment Trust Case No. 1208 -02 Portland U -Rent It Case No 1208 -03 Portland 13-Rent It (Cantwell) F. IDENTIFY ITEMS TO BE PLACED ON NEXT AGENDA Chairman Garza requested information on the state of the city finances and discussion with information to possibly be include the packet for February 4, 2009, or as soon as possible VI. ADJOURNMENT Motion to adjourn was made by Commissioner Skrobarczyk seconded by Commissioner Tamez. Meeting adjourned at 9:41p.m. Bob Payne, Elena Juarez AICP, Senior City Planner Recording Secretary -123- Page 1 of 2 AN ORDINANCE APPROPRIATING $5,390.39 FROM THE NO. 4220 SANITARY SEWER COLLECTION LINE TRUST FUND TO REIMBURSE EXTREME HOMES OF SOUTH TEXAS, LLC, FOR THE UPSIZING OF 718 LINEAR FEET OF PVC SANITARY SEWER COLLECTION LINE FROM 8 INCH DIAMETER TO 10 INCH DIAMETER FOR THE DEVELOPMENT OF MAPLE HILLS SUBDIVISION UNIT 5, AS SPECIFIED IN THE SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT; AND DECLARING AN EMERGENCY. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $5,390.39 is appropriated from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse Extreme Homes of South Texas, LLC, for the upsizing of 718 linear feet of PVC Sanitary Sewer Collection line from 8 inch diameter to 10 inch diameter for the development of Maple Hills Subdivision Unit 5, as specified in the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement, and related appurtenances. 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 24th of February, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED as to form: February 13, 2009 By: R. y Ining First A sistant City Attorney For City Attorney Henry Garrett Mayor H\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda \2- 24 \ORD- Approp- ExtremeHomes -Maple Hills- SanitarySewerCollection.doc —124— 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 H:\ LEG- DIR \Shared\LEGAL- DEV.SVCS\2009 Agenda \2- 24\ORD- Approp- ExtremeHomes -Maple Hills- SanitarySewerCollection.doc —125— SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement ( "Agreement ") is entered into between the City of Corpus Christi ( "City"), a Texas home -rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469 -9277, Corpus Christi, Texas, 78469 -9277, and Extreme Homes of Texas, LLC, a Texas limited liability corporation, 3826 Apollo, Corpus Christi, Texas 78413 ( "Developer"). WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat, approved by the Planning Commission on July 25, 2007, to develop a tract of land of approximately 12.587 acres called Maple Hills Unit 5 Subdivision ( "Development") east McKenzie Road and south of Up River Road, as shown in the attached Exhibit 1; WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of a Sanitary Sewer Collection Line ( "Collection Line "); WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the Developer's costs for the construction of the Collection Line above that required to serve only the Development; WHEREAS, under the Platting Ordinance, the developer is eligible for reimbursement only when monies are fully available in and appropriated from the Collection Line Trust fund; WHEREAS, it is to the best interest of the City that the Collection Line be constructed to its ultimate capacity under the Master Plan; WHEREAS, Resolution No. 026869 authorized the acceptance of applications to be eligible for reimbursement in the future when funds become available and are appropriated by City Council; and WHEREAS, Developer has submitted an application for reimbursement of the costs of installing the Collection Line (Exhibit 2); NOW, THEREFORE, for and in consideration of the mutual covenants in this Agreement, the parties do covenant and agree as follows: —1 2 6— 1. REQUIRED CONSTRUCTION The Developer shall construct the Collection Line, in compliance with the City's Platting Ordinance and under the plans and specifications approved by the Development Services Engineer. 2. PLANS AND SPECIFICATIONS a. The Developer shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the Collection Line, as shown in Exhibit 3, with the following basic design: 1. Install 718 linear feet of 10 -inch PVC sanitary sewer collection line 2. Install 3 (three) 4 -foot diameter fiberglass manholes. 3. Provide 718 linear feet of Trench Dewatering. 4. Provide 718 linear feet of OSHA Trench Protection. b. The Collection Line must begin at the proposed trunk line within the Up River Road right -of -way along the north property line of Maple Hills Unit 5 and extend to the south approximately 718 feet to a proposed manhole located near the intersection of Wood Creek Drive and Creek View Drive. c. The plans and specifications must comply with City Standard Wastewater Detail Sheets and Standard Specifications. d. Before the Developer starts construction the plans and specification must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS. Prior to the start of construction of the Collection Line, Developer shall acquire and dedicate to the City the required additional utility easements ( "Easements "), if necessary for the completion of the Collection Line. If any of the property needed for the Easements is owned by a third party and Developer is unable to acquire the Easements through reasonable efforts, then the City will use its powers of eminent domain to acquire the Easements. 4. PLATTING FEES. Developer shall pay to the City of Corpus Christi the required acreage fees and pro -rata fees as required by the Platting Ordinance for the area of the Collection Line. —127— 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer shall award a contract and complete the Collection Line, under the approved plans and specifications, by May 10, 2009. 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties or obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 8. DEFAULT. The following events shall constitute default: 1. Developer fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval by City Council. 2. Developer's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 60th calendar day after the date of approval by City Council. 3. Developer fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 90th calendar day after the date of approval by City Council. 4. Developer's contractor does not reasonably pursue construction of the project under the approved plans and specifications. 5. Developer's contractor fails to complete construction of the project, under the approved plans and specifications, on or before May 10, 2009. 6. Either the City or Developer otherwise fails to comply with its duties and obligations under this Agreement. 9. NOTICE AND CURE. a. In the event of a default by either party under this agreement, the non - defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in detail the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ( "Cure Period ") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non - defaulting party may pursue its remedies in this section. —128— d. Should Developer fail to perform any obligation or duty of this agreement, the City shall give notice to Developer, at the address stated above, of the need to perform the obligation or duty, and should Developer fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer by reducing the reimbursement amount due Developer. e. In the event of an uncured default by the Developer, after the appropriate notice and cure period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default. 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project. 3. Perform any obligation or duty of the Developer under this agreement and charge the cost of such performance to Developer. Developer shall pay to City the reasonable and necessary cost of the performance within 30 days from the date Developer receives notice of the cost of performance. In the event that Developer pays the City under the preceding sentence, and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and cure period, the Developer has all its remedies at law or equity for such default. 10. FORCE MAJEURE. a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent effected by the force majeure, are suspended during the -129- continuance of the inability claimed, but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 11. NOTICES. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party in writing at the following address: 1. If to the Developer: Extreme Homes of Texas, LLC 3826 Apollo Corpus Christi, Texas 78413 2. If to the City: City of Corpus Christi 1201 Leopard Street (78401) P. O. Box 9277 Corpus Christi, Texas 78469 ATTN: Assistant City Manager Development Services b. Notice required by the paragraph may be by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change of address for notices by giving notice of the change under the provisions of this section. 12. THIRD -PARTY BENEFICIARY. Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS. Developer shall require its contractor for the construction of the project, before beginning the work, to execute with Developer and the City a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $25,000. The performance and payment bond must comply with Texas Government Code, Chapter 2253 and must be in the form and substance as attached to this Agreement. —130— 14. WARRANTY. Developer shall fully warranty the workmanship of and function of the Collection Line for a period of one year from and after the date of acceptance of the facilities by the City Engineer. 15. REIMBURSEMENT. a. Subject to the appropriation of funds, the City will reimburse the Developer 100% of the reasonable cost of the Collection Line, not to exceed $5,390.39. See attached cost estimate (Exhibit 4). b. The City agrees to reimburse the Developer on a monthly basis upon invoicing for work performed. The reimbursement will be made no later than 30- days from the date of the invoice. Developer shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. c. To be eligible for reimbursement, the work completed in a good and workmanlike manner, and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. d. In the event that this Agreement is terminated by the City at a time when there has been a partial completion and partial payment for the improvements, then the City shall only reimburse Developer for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that there is an uncured default by the Developer. 16. INDEMNIFICATION. Developer shall indemnify and hold harmless the City, its agents, officers, and employees ( "Indemnitees ") from all suits, actions, or claims and from all liability for any and all injuries or damages sustained by any person, including without limitation workers compensation, personal injury or death, arising from or incident to the construction of the Collection Line by Developer. 17. COVENANT RUNNING WITH THE LAND. This Agreement is a covenant running with the land, Maple Hills Unit 5, a subdivision in Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure to the benefit of the Developer's successors or assigns. 18. DISCLOSURE OF OWNERSHIP INTERESTS. Developer further agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit 5. —131— 19. EFFECTIVE DATE. This agreement becomes effective and is binding upon and inures to the benefit of the City and Developer, and their respective heirs, successors, and assigns from and after the date of execution by all parties. 20. AUTHORITY. The person signing this Agreement on behalf of the parties represents, warrants, and guarantees that they have authority to act on behalf of the party and make this Agreement binding and enforceable by their signature. EXECUTED IN DUPLICATE originals, this day of 2009. ATTEST: THE CITY OF CORPUS CHRISTI By: Armando Chapa 'Angel R. Escobar City Secretary City Manager APPROVED AS TO FORM: /3 day of 72 e'v "/y , 2009 R. J Rpfning Fi t Assistant City Attorney for the City Attorney THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 2009, by 'Angel R. Escobar, City Manager, City of Corpus Christi, Texas, a Texas home -rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas —132— THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 2009, by 'Angel R. Escobar, City Manager, City of Corpus Christi, Texas, a Texas home -rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas DEVELOPER: Extreme Homes of Texas, LLC By: J n Mikulencak Member THE STATE OF TEXAS COUNTY OF TRAVIS L This instrument was acknowledged before me on f -eArte %, 2009, by John Mikulencak, Member, Extreme Homes of Texas, LLC , a Texas limited liability corporation, on behalf of the corporation. Nota' f'ubli'State of Texa Page 7 of 8 —133— [Disclosure EXHIBIT 1 [Copy of Plat] EXHIBIT 2 [Reimbursement Application] EXHIBIT 3 [Map Showing Location of Infrastructure Improvements] EXHIBIT 4 [Cost Estimate] EXHIBIT 5 —134— 11 U O j a 3 riglgqiCM , 11 / dis _13 11 14111 v;1 cti 1 ! i nu 2ii r 1 —135— EXHIBIT 1 APPLICATION FOR COLLECTION LINE CONSTRUCTION AND REIMBURSEMENT AGREEMENT Uwe, Extreme Homes of Texas, LLC, owner and developer of the proposed Maple Hills Unit 5 Subdivision, hereby request reimbursement of $5,390.39 for the installation of the collection line in conjunction with Maple Hills Unit 5 Subdivision, as provided for by City Ordinance No. 17396. Said $5,390.39 is the construction cost, including engineering cost, as shown by the cost supporting documents attached herewith. (Developer) (Date) THE STATE OF TEXAS )( COUNTY OF NUECES )( This instrument was acknowledged before me on Fehr.r y nee , 20 0q By John (YliKulpncoJc, M.tr1tkPr,'Gg-irerme nags t4 lest- c5 LLa Texas Limited Liability Corporation, on behalf of said corporation). CERTIFICATION , (a The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) sufficiency of funds in the Collection Line Trust Fund, and (b) approval and appropriation by the City Council. Sup / % ;AI Development ServicesEngineer '(Date) —136— Maple Hills Subdivision, Unit 5 BASE BID STREET WORK IMPROVEMENTS TOTAL UNIT UNIT PRICE TOTAL PRICE A -1 14,120 Street Excavatio • coo . fete in . lace . er 4,652 A-5 6,023 A4 5,557 A -7 A -8 A -9 A -10 A -11 Site Grading/Lots, complete in place lump sum. 6 "Caliche Base `• r • fete in dace Base co' 1.45 20,474.00 31,000.00 9.50 1130 31,000.00 44,422:00 53,498.00 8" Like Stabilized Sithgtade, complete in place per square Y 10" Lime Stabilized Subgtade, Mete in place per square yard. 9,327 Prime Coat; complete in place per square yard. 4,676 4,652 5,245 19,889 1 -1/2" IThfACP,. complete in place per square yard. 2" HMACP, complete in place square yard. 6" Curb & Gutter, complete in place per linear foot. Concrete Sidewalk, complete in place per square foot Handicap Ramps w/ Truncated Domes, complete in place per A -12 12 each. A -13 5 Street Signs, complete m place per each. STREET WORK IMPROVEMENTS TOTAL. SY SY SY SY SY LF SF EA EA 4.00 24,092.00;. 5.00 1.00 8.75 1050 10.00 3.75 27,935.00 9,327.00 40,915.00 48,846.00 52,450.00 74,583.75 600.00 7,200.00 550.00 2,750.00 S 437,49175 WATER DISTRIBUTION B-! B -2 B-3 B4 B -5 B-6 B -7. 1,382 6" Waterline, complete in place per linear foot. 8 6'45° Bends, complete in place per each. 2 6" Plug, complete in place per each. 703 8" Waterline; complete in place per linear foot 4 8" 45° Bends, complete in place per each. 1 8" Plug, complete in place per each. 1 Waterline Co complete in place per each. Fire Hydrant Assembly wI Mainline Tee, complete in place per B4 7 each. 13-9 62 Water Service, complete in place per each. WATER DISTRIBUTION IMPROVEMENTS TOTAL LF 24.00 EA 250.00 EA 150.00 LF 28.00 EA 365.00 EA 200.00 EA 2,500.00 33,168.00 2,000.00 300.00 19,684.00 1,460.00 200.00 2,500.00 EA f 2,850.00 EA j 600.00 19,950.00 37,200.00 S 116,462.00 WASTEWATER C1" .. ` 1,737 C-2 3 C-3 718 C-4 5 C -5 3 C-6 62 C -7 I 2,620 " Wastewater Line, complete in place per linear foot. 8" Plug, complete in place per each. 10" Wastewater tine, Complete inplace per linear foot. 4' a Wastewater Manhole (0'4' Depth); complete in place per linear foot Extra Depth for 4'a Manhole (Over 6' Depth), complete in place per linear foot Wastewater Service, complete in place per linear foot Trench Safety (Wastewater), complete in place per linear foot LF EA LF LF VF EA LF 29.00 150.00 36.00: 50,373.00 450.00 25,848:00 2,500.00 12,500.00 275.00 825.00 550.00 34,100.00 2.00 5,240.00 WASTEWATER IMPROVEMENTS TOTAL 5 129,336.00 !STORM WATER D-1 D -2 376 51 18" RCP, complete in place per linear foot 24" RCP, complete in place per linear foot. LF 29.00 LF 38.00 10,904.00 1,938.00 Bid Proposal Page I of 3 -138- EXHIBIT 4 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking b do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with 'NA ". FIRM NAME r'. - 772 6441. /4/044,ers or iEXAsb STREET: _3(52‘ 4214/.() it? CITY: �rikp,idei% ZIP: 7Rf� FIRM is: 1. Corporation 17 2. Partnership 3. Sole Owner 4. 7Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership In the above nonmed "firm ". Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Chrisd having an "ownership interest" constituting 3% or more of the ownership in the above named "tint Name Tits 401 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership In the above named "dm". Name Consultant CERTIFICATE I certify that all information provided is true and correct as of the date cif this statement, that 1 have not knowingly withheld disclosure of any information requested; and that supplemental statements owl be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: ✓`o r1.� ,'4, '�/L 6/(W ride: � r�s `�! (Type or Print) Signature of Certifying Perso e% f / Date: OL- /5' 0 n -139- I EXHIBIT 5 1 Page 1 of 2 AN ORDINANCE APPROPRIATING $5,390.39 FROM THE NO. 4220 SANITARY SEWER COLLECTION LINE TRUST FUND TO REIMBURSE EXTREME HOMES OF SOUTH TEXAS, LLC, FOR THE UPSIZING OF 718 LINEAR FEET OF PVC SANITARY SEWER COLLECTION LINE FROM 8 INCH DIAMETER TO 10 INCH DIAMETER FOR THE DEVELOPMENT OF MAPLE HILLS SUBDIVISION UNIT 5, AS SPECIFIED IN THE SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT; AND DECLARING AN EMERGENCY. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $5,390.39 is appropriated from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse Extreme Homes of South Texas, LLC, for the upsizing of 718 linear feet of PVC Sanitary Sewer Collection line from 8 inch diameter to 10 inch diameter for the development of Maple Hills Subdivision Unit 5, as specified in the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement, and related appurtenances. 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 24th of February, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED as to form: February 13, 2009 By: R. y ining First A sistant City Attorney For City Attorney H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda \2- 24 \ORD- Approp- ExtremeHomes -Maple Hills- SanitarySewerCollection.doc —140— 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\Shared\LEGAL- DEV.SVCS\2009 Agenda \2- 24 \ORD- Approp- ExtremeHomes -Maple Hills- SanitarySewerCollection.doc —141— 9 AGENDA MEMORANDUM AGENDA ITEM: February 24, 2009 Motion approving the Street Construction and Reimbursement Agreement submitted by Extreme Homes of Texas, LLC, owner and developer of Maple Hills Subdivision Unit 5, located south of Up River Road and east of McKenzie Road, in the amount of $18,911.40, for the upgrading of 5,587 square yards of street pavement from a Residential Collector cross section to a Neighborhood Collector cross section. (BOND 2004) ISSUE: Extreme Homes of Texas, LLC, owner and developer of Maple Hills Subdivision Unit 5, is completing the installation of 5,587 square yards of street pavement, using a Neighborhood Collector street cross section in lieu of a Residential Collector street cross section for Wood Creek Drive and Creek View Drive. City Council approval of the Street Construction and Reimbursement Agreement and appropriation of funds will provide for reimbursement of the developer's additional costs for the installation of the heavier pavement section from in compliance with the Platting Ordinance, Section V.B.1. RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. Juan Perales, .jf., P.E. Interim ACM of Development Services Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Background Information Location Map Final Plat for Maple Hills Unit 5 Improved Pavement Area Layout Street Pavement Cross Section Details Request for Street Construction Reimbursement Construction Unit Bid Prices Planning Commissiob4fieeting minutes for January 21, 2009 Street Construction and Reimbursement Aareement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Maple Hills Subdivision Unit 5 is a 62 lot residential subdivision project located southeast of the intersection of McKenzie Road and Up River Road in the Tuloso- Midway area of the City, as shown in the attached location map (Exhibit B). The approved final plat for Maple Hills Subdivision Unit 5 (Exhibit C) requires Wood Creek Drive and Creek View Drive within the subdivision to be constructed as Residential Collectors. During review of the proposed construction plans for the Maple Hills Unit 5 subdivision, Development Services staff determined that a Neighborhood Collector pavement section would be necessary for the construction of Wood Creek Drive and Creek View Drive, instead of the standard Residential Collector pavement section. A detailed layout of the affected pavement areas is included as Exhibit D. The difference between the two pavement sections is that the Residential Collector section calls for a 6 inch thick layer of lime treated caliche base over an 8 inch layer of lime treated subgrade, while the Neighborhood Collector section includes an 8 inch thick layer of lime treated caliche over a 10 inch layer of lime treated subgrade, as shown in the attached street cross section details (Exhibit E). The requirement for the additional pavement thickness was based on the extremely high plasticity of the clay soil in the area, and its' detrimental effects on pavement longevity. The added strength resulting from the use of the thicker pavement layers will better accommodate the highly expansive soil beneath the roadbed, and result in an increase in the streets' service life. Section V.B.1.b) states "The City may pay additional construction costs with regard to pavement thickness greater than those of a Residential Collector street cross section for Neighborhood Collectors and Commercial Collectors, provided... ". Consequently, LNV Engineering, on behalf of Extreme Homes of Texas, LLC, the developers of the Maple Hills Subdivision Unit 5, submitted a letter requesting reimbursement of the cost of the additional pavement thickness over and above the Residential Collector street section on September 5, 2007 (Exhibit F). The amount of the reimbursement requested, $18,911.40, was based on actual contractor bid prices for the different pavement layer thicknesses. The unit bid prices are included as Exhibit G. At that time, staff determined that this request did not meet the criteria for reimbursement, based on their interpretation of Section V.B.1.b)(3) of the Platting Ordinance, which states "There shall be no reimbursement unless, before any construction begins, the reimbursement application and an approved by City Council after certification that the necessary reimbursement money is fully available as required by Texas Constitution, Article 11, paragraph 5 and City Charter, Article IV, paragraph 7; and ". The developers initiated construction of the subdivision in accordance with approved construction plans. Subsequent to the beginning of construction, however, — II Exhibit A 0 the developer requested reconsideration of their previous reimbursement submittal. Reconsideration of the reimbursement request has been completed by senior Legal and Development Services staff, and approval is now recommended. Section V.B.1.b)(2) of the Platting Ordinance, however, states "Developer must submit a reimbursement application, including all cost - supporting documentation, to the Director of Engineering/City Engineer before approval of the construction plans." In addition, Section V.B.1.b)(3) of the Platting Ordinance states "There shall be no reimbursement unless, before any construction begins, the reimbursement application and an infrastructure participation agreement have been approved by City Council after certification that the necessary reimbursement money is fully available as required by Texas Constitution, Article 11, paragraph 5 and City Charter Article IV, paragraph 7; and" Therefore, a variance from these sections of the Platting Ordinance is necessary before considering the approval of a reimbursement agreement. The Planning Commission, during its meeting of January 21, 2009, reviewed and approved the proposed variance to the Platting Ordinance requirements. The applicable minutes of this meeting are attached as Exhibit H. The proposed reimbursement agreement is included as Exhibit I. Funding for the reimbursement has been determined to be available through the 2009 Capital Improvement Program. —142/ Exhibit A LC) z z 0 0 m D U) J J_ W J LOCATION MAP �l /�- t�SS,�J I I I a i i 11 • 1171-717-7T-s-4 It p °^, LW JOB NO: 07001 EXHIBIT B SHEET 2 of 2 1 I w 70 U 0 0 in t) I1 w 10 0 1 1 i i7 i !i / / / / /aR= 1 , I ss; 4'i; 14 1,0 firs;' si ti a7 —149— EXHIBIT C Id z 1— z w La W a a <w Z 0 P p O Q to 1- z ✓ _ 2 O e 0 �F000 ,.0 C94 z TY Z ;!I 0 tq3; W W 4u j c U 2, °u_ o°J� Z i Z € �� 000 - SF O 0 0 -150- JOB NO: 07015.00 EXHIBIT D SHEET 1 of 1 -150- CITY OF CORPUS CHRISTI H D Z o13 U- (5 w E m,1, D U cn in J Q J U = a W J 0 LNV JOB NO:070015 EXHIBIT E SHEET 1 of 2 APPLICATION FOR EXTRA PAVEMENT THICKNESS CONSTRUCTION AND REIMBURSEMENT AGREEMENT Uwe, Extreme Homes of Texas. LLC, owner and developer of the proposed Maple Hills Unit 5 Subdivision, hereby request reimbursement of $ 18.911.40 for the installation of the additional pavement thickness above that required for a residential collector street in conjunction with the Maple Hills Unit 5 Subdivision, as provided for by City Ordinance No. 17396. Said $18.911.40 is the construction cost, including engineering cost, as shown by the cost supporting documents attached herewith. (Developer) (Date) THE STATE OF TEXAS )( COUNTY OF NUECES )( This instrument was acknowledged before me on Rbrita.r y Orel, 202, By BY h n r11 j K u.i.eneak) men n tau eex-h-tm,t k WS o1 T 2xas fC Texas Limited Liability Co . .ratio n behalf of said corporation). TIFFAWROSCHETZKY Mu se rit24 Ill _if .� in and for the S.r as CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) sufficiency of funds in the Capital Improvements Program Fund for Street Improvements. and (b) approval and appropriation by the City Council. Developm it Services Engineer -152- ZAM (Date) EXHIBIT r Maple Hills Subdivision, Unit 5 BASE BID STREET WORK IMPROVEMENTS TOTAL NO. QTY ITEM UNIT UNIT PRICE TOTAL PRICE A -1 14,120 Street Excavation, complete in place per square yard. A -2 I Site Grading/Lots, complete in place per lump sum. A -3 4,676 6" Caliche Base, complete in place per square yard. A-4 4,652 8" Caliche Base, complete in place per square yard. 8" Lime Stabilized Subgrade, complete is place per square yard. A -5 6,023 SY 4.00 24,092.00 A -6 5,587 A -7 9,327 Prime Coat, complete in place per square yard. A -8 4,676 1 -1/2" HMACP, complete in place per square yard. A -9 4,652 2" HMACP, complete in place square yard. A -10 5,245 6" Curb & Gutter, complete in place per linear foot. A -11 19,889 Concrete Sidewalk, complete in place per square foot. Handicap Ramps wi Truncated Domes, complete in place per A -12 12 each. A -13 5 Street Signs, complete in place per each. STREET WORK IMPROVEMENTS TOTAL SY 1.45 20,474.00 LS 3 L000.00 31,000:00 SY 9.50 44,422.00 SY 11.50 53,498.00 10" Lime Stabilized Subgrade, complete in place per square yard. SY 5.00 27,935.00 SY 100 9,327.00 SY 8.75 40,915.00 SY 10.50 48,846.00 LF 10.00 52,450.00 SF 3.75 74,583.75 EA 600.00 7,200.00 EA 550.00 2,750.00 S 437,492.75 WATER DISTRIBUTION B -! 1,382 6" Waterline, complete in place per linear foot. LF 24.00 33,168.00 B -2 8 6" 45° Bends, complete in place per each. EA 250.00 2,000.00 B -3 2 6" Plug, complete in place per each. EA 150.00 '300.00 8-4 703 8" Waterline, complete in place per linear foot. LF 28.00 19,684.00 B -5 4 8" 45° Bends, complete in place per each. EA 365.00 1,460.00 B -6 1 8" Plug, complete in place per each. EA 200.00 200.00 B -7 1 Waterline Connection, complete in place per each. EA 2,500.00 2,500.00 B -8 7 Fire Hydrant Assembly w/ Mainline Tee, complete in place per each. EA 2,850.00 19,950.00 B -9 62 Water Service, complete in place per each. EA 600.00 37,200.00 WATER DISTRIBUTION IMPROVEMENTS TOTAL S 116,462.00 WASTEWATER C -1 1 1,737 8 8" Wastewater Line, complete in place per linear foot. L LF 2 29.00 5 50,373.00 C -2 3 3 8 8" Plug, complete in place per each. E EA 1 150.00 4 450.00 C -3 7 718 1 10" Wastewater line, complete in place per linear foot. 1 1.2 3 36.00 2 25,848.00 C-4 5 5 l 4' o Wastewater Manhole (0'-6' Depth), complete in place per LF 2 2,500.00 1 12,500.00 C -5 3 3 p Extra Depth for 4'e Manhole (Over 6' Depth), complete in place VF 2 275.00 8 825.00 C-6 6 62 W Wastewater Service, complete in place per linear foot. E EA 5 550.00 3 34,100.00 C -7 2 2,620 I Trench Safety (Wastewater), complete in place per linear foot. IF 2 2.00 5 5,240.00 WASTEWATER IMPROVEMENTS TOTAL $ $ [29,336.00 STORM WATER 10,904.00 D -2 5 L 24" RCP, complete in place per linear foot. LF 38.00 1,938.00 Bid Proposal Page of3 -1 5 3- EXHIBIT G Bid Proposal Page of3 -1 5 3- EXHIBIT G MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday January 21, 2009 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman James Skrobarczyk John C. Tamez Govind Nadkami Johnny R. Martinez Evon J. Kelly Mark Adame ABSENCES: None I. CALL TO ORDER STAFF: Johnny Perales, Interim Assistant City Manager of Development Services/ Special Services Miguel Saldana, AICP, Special Services Bob Payne, AICP, Senior City Planner Dan McGinn, Project Manager Annissa Garrett, City Planner Andrew Dimas, Planning Technician Yvette Aguilar, Assistant City Attorney Debra Brown, Assistant City Attorney Elena Juarez, Recording Secretary A quorum was declared and the meeting was called to order at 5:35 p.m. by Chairman Garza. II. APPROVAL OF MINUTES Motion for approval of the January 7, 2009 minutes was made by Commissioner Tamez and seconded by Commission Martinez. Motion passed unanimously. III. PUBLIC HEARING AGENDA ITEMS A. PLATS 1. Continued Plat Mr. Miguel Saldana, Development Services, read Continued Plats agenda item "a" (shown below) into the record, stating this plat is submitted for continuance to the February 4, 2009 Planning Commission meeting. a. 0109005-NP005 (08-21000032) River Square Unit 2, Block 8, Lots 5A & 5B (Final Replat - 2.28 Acres) Located north of Interstate Highway 37 and east of McKinzie Road. Public hearing was opened. No one came forward in support or opposition. Public hearing was closed. —1 5 4— ., . • . • 1 ♦ 19 Planning Commission Minutes January 21, 2009 Page 2 Motion for approval of the continuance was made by Commissioner Tamez and seconded by Commissioner Govind. Motion passed unanimously. 2. New Plat Mr. Saldafia read New Plats agenda item "a" (shown below) into the record and stated this item is submitted for a continuance to the February 4, 2009, Planning Commission meeting. a. 0109006 -NP006 (09- 21000001) La Palmera Mall, Block 1, Lots 1 & 2 (Final Replat - 59.384 Acres) Located north of South Padre Island Drive (SH 358) and west of South Staples Street. As a courtesy, Chairman Garza asked if anyone present would like to come forward in favor or in opposition of the continuance. No one came forward. Motion for approval of the continuance was made by Commissioner Nadkarni and seconded by Commissioner Martinez. Motion passed unanimously. 13. ZONING 1. Tabled Zoning a. Case No. 1008 -05 Reimco. Ltd. - A change of zoning from a "F -R" Farm -Rural District to an "I -2" Light Industrial District resulting in a change of land use from rural to industrial, 42.19 acres out of Lots 7 and 8, Block 2, Nueces River Irrigation Park located on the northwest corner of County Road 69 and County Road 52. Mr. Payne presented the above case via Power Point, stating the applicant is Reimco, Ltd. Mr. Payne stated there is controversy regarding this case. Mr. Payne stated this case has been tabled twice. Mr. Payne stated the purpose of this change of zoning request is to relocate Nueces Co. Electric Co -op. Mr. Payne stated currently percentage of homeowner's in notice area that were opposed to change of zoning is 22.66%. Mr. Payne stated staff recommends denial. In response to Commissioner Skrobarczyk, Mr. Bob Payne stated at this time I -69 is U.S. 77, to the east of the subject property. Also, I -69 should not be confused with County Road 69 which is designed as an arterial on the transportation plan. Public hearing was opened. Ted Van Blarcum, 5077 Siesta Loop, came forward in opposition stating primary reason for opposition was proximity to his church which was purchased because the city master plan showed future use as residential. Mr. Van Blarcum also cited traffic issues as well as hours of operation. -155- Planning Commission Minutes January 21, 2009 Page 3 Ted Clower, representative for Driscoll Foundation, and owners of the property stated location selection is critical for returning service and their choice of locations is due to the relative proximity of other substations. In response to Chairman Garza, Bob Payne stated that a PUD had not been discussed with the applicant. Dave Koepke, an independent consultant brought in by Nueces Co. Electric Co -op, stated that in his options the land would not be used for residential purposes. Dennis Morgan, 4550 River Park Drive, came forward in opposition and also stated that property owners #1,2,5,6 and 7 on the Notice Ownership Map are also in opposition. Charles Wilson, 4856 County Road 69, #3, came forward in opposition and stated the proposed change in zoning is not in keeping with the city's future development, there are safety issues, there is an inadequate infrastructure, possibly added pollution, traffic issues and the existing Robstown facility is unattractive. Lynn Anderstein, Riverway Drive, came forward in opposition stated heavy traffic issues. Maureen Sacky, 13934 River Rock, representative from River Ridge Subdivision, came forward in opposition and reiterated Mr. Wilson's concerns. Mrs. Sacky handed a petition to Mr. Bob Payne Sam Guajardo, 13902 River Rock, came forward in opposition stating the hospital made similar landscaping promises they did not fulfill. Mr. Guajardo stated current Radiology Associates has a parking overflow and also stated concerns regarding street light and thoroughfares. Michael Clifford, 14931 Sandy Creek, came forward in opposition stating he does not want an "I -2" Light Industrial District in his neighborhood. Fred Nemec, 3362 County road 52, came forward in opposition stating road concerns regarding County Road 52 and 69. Don Boyd, 14018 River Rock, came forward in favor but not in this neighborhood. Mr. Kosarek simply stated traffic concerns and equated the current proposed expansion to that of south side planning and traffic changes done in the Holly area. Linda Wilson, 4856 County Road 69, #3, came forward and chose to give her public speaking time to her husband, Charles Wilson. Mr. Wilson came forward and reiterated his opposition. Rick Kosarek, 3649 County Road 52B, came forward neither in opposition nor in favor simply stating traffic concerns regarding County Road 52 and irrigation canal. Karen Vaughn, 3627 County Road 52B, came forward in opposition and stated she reiterated previously stated opposition. Greg Besdy, 14033 Riverway Drive, came forward in opposition. -156- Planning Commission Minutes January 21, 2009 Page 4 Tim Clower, representative for applicant, came forward in favor presenting photographs of Fox's Tree Nursery in rebuttal to the previous opposition regarding unflattering building premises and landscaping. In response to Chairman Garza's request, Jim Sims, NEC Retail Representative stated this property was an ideal location, will increase reliability and hurricane readiness and efficiency. Sam Guajardo came forward again in opposition. Becky McNamara, 2707 Deer came forward in opposition and requested that church members present at the meeting stand so commissioners could see the number of those opposed from the church. Approximately 25 -35 people were in attendance. Chairman Garza stated he did not believe "I -2" is appropriate and believes that even with site plan and Planning Commission approval that the applicant will not receive the super- majority that will be needed by the City Council. Public hearing was closed. Motion for denial was made by Commissioner Martinez and seconded by Commissioner Tamez with Commissioner Huerta abstaining. Chairman Garza question whether any further discussion was necessary. Commissioner Nadkarni stated the need for a compromise between the applicant and the community. In response to Commissioner Skrobarczyk and Commissioner Nadkarni, Bob Payne stated if the applicant withdraws the case before the case is presented to City Council, then a new rezoning case for the property must wait one year. Commissioner Skrobarczyk stated he would prefer to table the application. Chairman Garza requested roll call. Commissioner Adame, Commissioner Kelly, Commissioner Tamez, Commissioner Martinez, Chairman Garza voted to deny the change of zoning request. Commissioner Skrobarczyk and Commissioner Nadkarni voted against denial of the rezoning request. Motion passed for denial of request for an "1-2", Light Industrial District with Commissioner Huerta abstaining. Note: At this point, Vice - Chairman A. Javier Huerta, Commissioner Martinez and Commissioner Nadkarni left the planning commission meeting. b. Case No. 0109 -03 Andrew Salmon — A change of zoning from a `B -1" Neighborhood Business District to an "I -2" Light Industrial —157— Planning Commission Minutes January 21, 2009 Page 5 District resulting in a change of land use from residential to commercial Carroll Place, Unit 7, Block 1, Lot 3, located on the north side of Holly Road approximately 900 feet from the Holly Road and Carroll Lane intersection Mr. Payne presented the above case via PowerPoint, stating the applicant is Andrew Salmon. Mr. Payne stated the applicant is requesting a change of zoning from "B -1" Neighborhood Business District to "I -2" Light Industrial District and staff recommends denial of the "I -2" Light Industrial District. Mr. Payne stated that Planning Commission had asked for an alternative recommendation for commission consideration. The alternative is to approve a 13-4" General Business District with a Special Permit subject to a site plan and the following four (4) conditions: 1. Uses: The only use permitted by the Special Permit other than those uses permitted by right in the 'B4" General Business District are retail sales of clay, stone and glass products, including granite slabs, and outdoor storage within the screening area depicted on the site plan. 2. Screening: A wooden screening fence or masonry wall with a minimum height of six (6) feet shall be installed per the site plan. Such storage materials shall not exceed the height of the fence. 3. Lighting: All outdoor lighting must be directional and shielded away from adjacent properties, and light poles must be no higher than 15 feet. Cutoff shields are required for all lighting. No lighting is permitted to project beyond the rear property line. 4. Time Limit: This Special Permit expires one (1) year from the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions Public hearing was opened. Andrew Salmon, owner of the property states he is in agreement with alternative recommendation. Public hearing was closed. Motion for denial of the "I -2" Light Industrial District and in lieu thereof approval of 'B-4" General Business District with a Special Permit and four conditions as presented was made by Commissioner Skrobarczyk and seconded by Commissioner Kelly. Motion passed unanimously with Vice - Chairman A. Javier Huerta, Commissioner Martinez and Commissioner Nadkarni being absent from the vote. c. Case No. 0109 -04 Augustine Charles Prochazka — A change of zoning from "FR" Farm Rural District to an 'R -1A" One Family Dwelling District resulting in a change of land use from farm and rural to single family residential use 0.91 acres out of a 15.11 acre tract recorded in file number 2008025662 of the Deed Records of Nueces County, Texas located on the east side of Figueroa Road between Up River Road and the Nueces River. -158- Planning Commission Minutes January 21, 2009 Page 6 Mr. Andrew Dimas presented the above case via PowerPoint presentation. Mr. Dimas stated that staff recommends denial of "R -1A" in lieu thereof withdrawal of the application giving applicant time to plat a five acre lot and for staff to prepare a development agreement to reduce or defer development fees until the property is proposed for a use other than for brush and pasture land with a fishing pier and gazebo.. Chairman Garza stated concerns with tabling without a resolution in sight and also stated concems with applicant not attending last meeting on January 7, 2009 or today's meeting on January 21, 2009. In response to Commissioner Skrobarczyk, Mr. Dimas stated that the applicant was in fact aware of the Planning Commission meeting and was encouraged to attend the meeting. Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed. Motion to table the case to the February 4, 2009 Planning Commission meeting was made by Commissioner Skrobarczyk and seconded by Commissioner Tamez. Motion passed unanimously with Vice - Chairman A. Javier Huerta, Commissioner Martinez and Commissioner Nadkarni being absent from the vote. d. Case No. 0109 -06 Charles K. Miller - A change of zoning from " "I -2" Light Industrial District to an "I -3" Heavy Industrial District resulting in a change of land use from to light industrial to heavy industrial Roblex Industrial Area, Block 6, Lot 16 located on the east side of Flato Road approximately 0.17 miles north at Bear Lane The above case was presented via PowerPoint by Mr. Bob Payne. Mr. Payne stated there was a computer issue with notices being received by owners within the required notice area and requested that the case be tabled to the February 4, 2009 Planning Commission meeting so new notices could mailed. Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed. Motion to table the case to February 4, 2009 was made by Commissioner Skrobarczyk and seconded by Commissioner Kelly. Motion passed unanimously with Vice - Chairman A. Javier Huerta, Commissioner Martinez and Commissioner Nadkarni being absent from the vote. -159- Planning Commission Minutes January 21,2009 Page 7 2. New Zoning a. Case No. 0109 -05 Proportional Prosperity- A change of zoning from "B -4" General Business District to an "I -2" Light Industrial District resulting in a change of land use from business to light industrial Las Colonias Subdivision Unit 4, Block 1, Lots 25, 26 and 27 Located at the northeast corner of Saratoga and Calle Las Colonias approximately Vz mile east of Greenwood Drive Mr. Andrew Dimas presented the above case via PowerPoint presentation. Mr. Dimas stated the applicant is requested a change of zoning from "B -4" General Business District to an "I -2" light Industrial District. Chairman Garza deferred to legal regarding Commissioner Adame. Yvette Aguilar, Attorney for the city, informed the Planning Commission that Commissioner Adame would have to abstain from this case. Mrs. Aguilar also informed the Planning Commission the case would automatically be tabled to February 4, 2009 due lack of a quorum with only Commissioner Kelly, Commissioner Tamez, Commissioner Skrobarczyk and Chairman Garza able to vote on this case. Mr. Mark Gamboa, applicant from San Antonio, TX came forward to state his only purpose in requesting a change of zoning is to include outdoor storage on his property. Will Douglas, the property's realtor, came forward to state the only purpose in requesting a change of zoning is to follow city regulations regarding outdoor storage. b. Case No. 0109 -07 B.L. Real Estate Holdings — A change of zoning from a "R -1C" One - family Dwelling District to an "A -2" Apartment House District resulting in a change of land use from low density residential to medium density residential Tyler Subdivision, Block 1, Lot 11 located on the east side of Claudia Drive approximately 400 feet north of the Laguna Shores Road The above case was presented by Mr. Andrew Dimas via PowerPoint presentation. Mr. Dimas stated the applicant has requested a change of zoning from "R -1C" One- family Dwelling District to an "A -2" Apartment House District. Mr. Dimas stated staff recommends approval of "A -2" Apartment House District. In response to Commissioner Skrobarczyk, Mr. Dimas stated the percentage of notices received in opposition totaled 18 %. Public hearing was opened. —160— Planning Commission Minutes January 21, 2009 Page 8 Mr. James Preis, 2151 Burgatin. came forward in opposition stating that those listed as being in favor on the requested change of zoning are in fact properties that belong to the applicant. Mr. Preis stated he had no issues with previous zoning requests from B.L. Real Estate but currently his main concem was parking and traffic. Mr. Roger Viar, representing B.L. Real Estate stated he only wants to provide additional lodging and currently has ten full -time fishing guides for Laguna Madre. In response to James Preis, Mr.Viar stated the streets have been narrow for quite some time. Public hearing was closed. Motion to approve was made by Commissioner Skrobarczyk and seconded by Commissioner Tamez. Motion passed unanimously with Vice -Chair Huerta, Commissioner Martinez, and Commissioner Nadkarni not being present for the vote. C. ZONING ORDINANCE TEXT AMENDMENT TO ARTICLE 27B LANDSCAPE REQUIREMENTS, SECTION 11 SUBMITTAL PROCEDURES (Continuation) Mr. Bob Payne presented information regarding text amendment and would allow submittal of landscape plans by a non - certified and non - registered designer with a landscape architect degree and, experience under the supervision of a registered architect or experience submitting plans to the city. The proposed amendment also contains a change to allow a registered engineer to submit landscape plans consistent with state law and specific criteria for sites and landscaping situations where landscape plans must be sealed by either a registered landscape architect or a registered engineer. Commissioner Skrobarczyk stated concerns as to whether those involved in the changes were present at the meeting. Public hearing was opened. No one came forward in favor or in opposition Public hearing closed. Motion to table proposed text amendment to February 4, 2009 was made by Commissioner Skrobarczyk and seconded by Commissioner Tamez. Motion passed unanimously with Vice -Chair Huerta, Commissioner Martinez and Commissioner Nadkarni being absent for the vote. D. AMENDMENT TO THE CORPUS CHRISTI URBAN TRANSPORTATION PLAN (ZAHN ROAD) Mr. Dan McGinn, Project Manager, presented information regarding an amendment to the Corpus Christi Transportation Plan (Zahn Road) and stated that a modified collection design is needed. Mr. McGinn stated currently the road functions as a one way exit point for large crowds leaving the beach during peak events. In response to Commissioner Skrobarczyk, Juan Perales stated that more detailed information could be brought at the next meeting regarding prohibition of parking. —161— Planning Commission Minutes January 21, 2009 Page 9 Greg Thompson, Naismisth Engineering, reviewed transportation plans including emergency access during peak events. Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed. Motion to approve was made by Commissioner Skrobarczyk and seconded by Commissioner Tamez. Motion Passed unanimously with Vice -Chair Huerta, Commissioner Martinez and Commissioner Nadkarni not being present for the vote. E. PLATTING ORDINANCE VARIANCE FOR MAPLE HILLS UNIT 5 SANITARY SEWER COLLECTION LINE REIMBURSEMENT AGREEMENT Mr. Juan Perales presented the above variance and stated that previously staff considered the reimbursement agreement to be cumulative and to be disbursed at the end of the project in its entirety. Mr. Perales stated that staff and legal has reviewed the ordinance and now feels that the reimbursement is not cumulative and can be reimbursed. The variance is being requested because the ordinance currently states that the reimbursement must be approved before the construction takes place. Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed. Motion to approve the variance was made by Commissioner Tamez and seconded by Commissioner Skrobarczyk. The motion passed unanimously with Vice -Chair Huerta, Commissioner Martinez and Commissioner Nadkarni not being present for the vote. F. PLATTING ORDINANCE VARIANCE FOR MAPLE HILLS UNIT 5 STREET PAVEMENT PARTICIPATION AGREEMENT Mr. Juan Perales presented the above variance and stated that as in above case staff considered the reimbursement agreement to be cumulative and to be disbursed at the end of the project in its entirety. Mr. Perales again stated that staff and legal has reviewed the ordinance and now feels that the reimbursement is not cumulative and can be reimbursed. The variance is being requested because the ordinance currently states that the reimbursement must be approved before the construction takes place. Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed. —162— Planning Commission Minutes January 21,2009 Page 10 Motion to approve the variance was made by Commissioner Kelly and seconded by Commissioner Tamez. The motion passed unanimously with Vice -chair Huerta, Commissioner Martinez and Commissioner Nadkarni not being present for the vote. IV. DISCUSSION ITEMS A. UNIFIED DEVELOPMENT CODE PROCESS UPDATE Mrs. Annissa Garret, City Planner, presented an update on the Unified Development Code (UDC) and program. Mrs. Garrett stated in 2005 Duncan Associates were selected to assist with the UDC. She also stated the UDC has gone through a 45 day public review and staff has reviewed 500 comments and seven focus groups were developed. Currently six of the seven groups have completed their reviews and the changes have been incorporated. Mrs. Garrett also added that section by section analysis has been conducted to check for internal consistency. Mrs. Garrett stated the following items still need to be completed: verify accurate focus group draft document, verify accurate staff draft document, compile analysis of changes, create Planning Commission transmittal memorandum, and create public hearing schedule /notices and advertisement. In response to Commissioner Skrobarczyk, Annissa Garrett stated that if a joint meeting with City Council takes place then only a notice in the news paper could be required. She also stated the approximate timeline for finishing the project included April as a finishing point. B. DISCUSSION OF THE DEPARTMENT ACCOMPLISHMENTS AND FOUNDATIONS FOR THE WORK PROGRAM Bob Payne stated the intent of this discussion is simply that more time needs to be given for preparation of upcoming Planning Commission workshops. Chairman Garza stated he would rather wait to give staff time to compile the best possible workshop. The commissioners agreed to cancel the currently scheduled workshops. C. FOLLOW UP PRESENTATION/DISCUSSION ITEM FOR PLANNING AGENDA OF JANUARY 2009, RELATED TO PROPOSED AMENDMENTS TO THE CITY OF CORPUS CHRISTI PLATTING ORDINANCE Mr. Juan Perales stated the purpose is to redistribute the revenue coming into the trust funds and to provide means to incorporate a density factor when calculating water and wastewater lot acreage fees. In response to Commissioner Tamez, Mr. Perales stated that money could come from CIP program contributing to this fund which would be used to increase the trust funds. Mr. Perales stated that the question of how much money will be diverted from CIP will need to be addressed. In response to Chairman Garza, Mr. Perales stated the plan is to draft an amendment and bring it back to the Planning Commission. V. DIRECTOR'S REPORT A. ABSENCES Bob Payne stated there were no absences to report. B. RESIGNATION OF PLANNING COMMMISSIONER LOEB -163- Planning Commission Minutes January 21, 2009 Page 11 Mr. Payne informed the Planning Commission that Commissioner Loeb had resigned and is running for City Council. C. BIOGRAPHICAL INFORMATION FOR PLANNING COMMISSIONER APPLICANT Mr. Payne informed the Planning Commission that Biographical information for possible replacement commissioners is available in the packet. Mr. Payne stated he was unsure when the vacancy would go to City Council. D. FUTURE SCHEDULED MEETINGS Mr. Payne stated the following meetings are scheduled: February 4, 2009 February 18, 2009 E. CITY COUNCIL ACTION ON CASES Mr. Payne stated the following cases went before the City Council: January 13, 2009 Case No. 1108 -02 Al Crozier/Prime Income Asset Management — Approved B -2 District Case No. 1008 -04 Raquel Medina — Approved Special Permit Mr. Payne stated the following cases scheduled to go before the City Council: January 27, 2009 Case No. 1208 -01 Mostaghasi Investment Trust Case No. 1208 -02 Portland U -Rent It Case No. 1208 -03 Portland U -Rent It (Cantwell) F. IDENTIFY ITEMS TO BE PLACED ON NEXT AGENDA Chairman Garza requested information on the state of the city finances and discussion with information to possibly be include the packet for February 4, 2009, or as soon as possible VI. ADJOURNMENT Motion to adjourn was made by Commissioner Skrobarczyk seconded by Commissioner Tamez. Meeting adjoumed at 9:41 p.m. Bob Payne, Elena Juarez AICP, Senior City Planner Recording Secretary -164- EXTRA PAVEMENT DEPTH CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This Extra Pavement Depth Construction and Reimbursement Agreement ( "Agreement ") is entered into between the City of Corpus Christi ( "City "), a Texas home -rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469 -9277, Corpus Christi, Texas, 78469 -9277, and Extreme Homes of Texas, LLC, a Texas limited liability corporation, 3826 Apollo, Corpus Christi, Texas 78413 ( "Developer"). WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat, approved by the Planning Commission on July 25, 2007, to develop a tract of land of approximately 12.587 acres called Maple Hills Unit 5 Subdivision ( "Development") east McKenzie Road and south of Up River Road, as shown in the attached Exhibit 1; WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of Extra Pavement Depth ( "Extra Pavement Depth "); WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the Developer's costs for the construction of the Extra Pavement Depth above that of a Residential Collector Street cross section; WHEREAS, it is to the best interest of the City that the Extra Pavement Depth be constructed; WHEREAS, Resolution No. 026869 authorized the acceptance of applications to be eligible for reimbursement in the future when funds become available and are appropriated by City Council; and WHEREAS, Developer has submitted an application for reimbursement of the costs of installing the Extra Pavement Depth (Exhibit 2); NOW, THEREFORE, for and in consideration of the mutual covenants in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION The Developer shall construct the Extra Pavement Depth, in compliance with the City's Platting Ordinance and under the plans and specifications approved by the Development Services Engineer. —165— 2. PLANS AND SPECIFICATIONS a. The Developer shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the Extra Pavement Depth, as shown in Exhibit 3, with the following basic design: 1. Install 5,587 square yards of 10 inch Lime Stabilized Subgrade 2. Install 4,652 square yards of 8 inch Caliche Base 3. Install 4,652 square yards of Prime Coat 4. Install 4,652 square yards of 2 inch Hot Mix Asphaltic Concrete Pavement b. The Extra Pavement Depth must include Wood Creek Drive, beginning at the connection of Wood Creek Drive and Up River Road at the north property line of Maple Hilis Unit 5 and extend to the south through the intersection of Wood Creek Drive and Creek View Drive; then along Creek View Drive, west to the limits of Maple Hilis Unit 5. c. The plans and specifications must comply with City Standard Specifications and Construction Details. d. Before the Developer starts construction the plans and specification must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS. Prior to the start of construction of the Extra Pavement Depth, Developer shall acquire and dedicate to the City the required street rights -of -way ( "Rights -of- Way"), if necessary for the completion of the Extra Pavement Depth. If any of the property needed for the Rights -of -Way is owned by a third party and Developer is unable to acquire the Rights -of -Way through reasonable efforts, then the City will use its powers of eminent domain to acquire the Rights -of -Way. 4. PLATTING FEES. (not applicable). 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer shall award a contract and complete the Extra Pavement Depth, under the approved plans and specifications, by May 10, 2009. 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. -1 6 6- 7. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties or obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 8. DEFAULT. The following events shall constitute default: 1. Developer fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval by City Council. 2. Developer's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 60th calendar day after the date of approval by City Council. 3. Developer fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 90th calendar day after the date of approval by City Council. 4. Developer's contractor does not reasonably pursue construction of the project under the approved plans and specifications. 5. Developer's contractor fails to complete construction of the project, under the approved plans and specifications, on or before May 10, 2009. 6. Either the City or Developer otherwise fails to comply with its duties and obligations under this Agreement. 9. NOTICE AND CURE. a. In the event of a default by either party under this agreement, the non - defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in detail the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ( "Cure Period ") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non - defaulting party may pursue its remedies in this section. —167— d. Should Developer fail to perform any obligation or duty of this agreement, the City shall give notice to Developer, at the address stated above, of the need to perform the obligation or duty, and should Developer fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer by reducing the reimbursement amount due Developer. e. In the event of an uncured default by the Developer, after the appropriate notice and cure period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default. 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project. 3. Perform any obligation or duty of the Developer under this agreement and charge the cost of such performance to Developer. Developer shall pay to City the reasonable and necessary cost of the performance within 30 days from the date Developer receives notice of the cost of performance. In the event that Developer pays the City under the preceding sentence, and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and cure period, the Developer has all its remedies at law or equity for such default. 10. FORCE MAJEURE. a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent effected by the force majeure, are suspended during the continuance of the inability claimed, but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. -168- 11. NOTICES. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party in writing at the following address: 1. If to the Developer: Extreme Homes of Texas, LLC 3826 Apollo Corpus Christi, Texas 78413 2. If to the City: City of Corpus Christi 1201 Leopard Street (78401) P. O. Box 9277 Corpus Christi, Texas 78469 ATTN: Assistant City Manager Development Services b. Notice required by the paragraph may be by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change of address for notices by giving notice of the change under the provisions of this section. 12. THIRD -PARTY BENEFICIARY. Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS. Developer shall require its contractor for the construction of the project, before beginning the work, to execute with Developer and the City a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $25,000. The performance and payment bond must comply with Texas Government Code, Chapter 2253 and must be in the form and substance as attached to this Agreement. 14. WARRANTY. Developer shall fully warranty the workmanship of and function of the Extra Pavement Depth for a period of one year from and after the date of acceptance of the facilities by the City Engineer. -1 6 9- 15. REIMBURSEMENT. a. Subject to the appropriation of funds, the City will reimburse the Developer 100% of the reasonable cost of the Extra Pavement Depth, not to exceed $18,911.40. See attached cost estimate (Exhibit 4). b. The City agrees to reimburse the Developer on a monthly basis upon invoicing for work performed. The reimbursement will be made no later than 30- days from the date of the invoice. Developer shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. c. To be eligible for reimbursement, the work completed in a good and workmanlike manner, and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. d. In the event that this Agreement is terminated by the City at a time when there has been a partial completion and partial payment for the improvements, then the City shall only reimburse Developer for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that there is an uncured default by the Developer. 16. INDEMNIFICATION. Developer shall indemnify and hold harmless the City, its agents, officers, and employees ( "Indemnitees ") from all suits, actions, or claims and from all liability for any and all injuries or damages sustained by any person, including without limitation workers compensation, personal injury or death, arising from or incident to the construction of the Extra Pavement Depth by the Developer. 17. COVENANT RUNNING WITH THE LAND. This Agreement is a covenant running with the land, Maple Hills Unit 5, a subdivision in Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure to the benefit of the Developer's successors or assigns. 18. DISCLOSURE OF OWNERSHIP INTERESTS. Developer further agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit 5. 19. EFFECTIVE DATE. This agreement becomes effective and is binding upon and inures to the benefit of the City and Developer, and their respective heirs, successors, and assigns from and after the date of execution by all parties. -170- 20. AUTHORITY. The person signing this Agreement on behalf of the parties represents, warrants, and guarantees that they have authority to act on behalf of the party and make this Agreement binding and enforceable by their signature. EXECUTED IN DUPLICATE originals, this day of 2009. ATTEST: CHRISTI THE CITY OF CORPUS By: Armando Chapa 'Angel R. Escobar City Secretary City Manager P2 e 6� APPROVED AS TO FORM: day of . % , 2009 R. ,My Reining First Assistant ity Attorney for the City Attorney THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 2009, by 'Angel R. Escobar, City Manager, City of Corpus Christi, Texas, a Texas home -rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas -171- THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 2009, by 'Angel R. Escobar, City Manager, City of Corpus Christi, Texas, a Texas home -rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas DEVELOPER: Extreme Homes of Texas, LLC J n Mikulencak Member THE STATE OF TEXAS COUNTY OF TRAVIS r naL This instrument was acknowledged before me on Fehri tcv , 2009, by John Mikulencak, Member, Extreme Homes of Texas, LLC , a Texas limited liability corporation, on behalf of the corporation. ri l tit i /! s -l� Nota f blic state of Texas Page 7 of 8 —172— EXHIBIT 1 [Copy of Plat] EXHIBIT 2 [Reimbursement Application] EXHIBIT 3 [Map Showing Location of Infrastructure Improvements] EXHIBIT 4 [Cost Estimate] EXHIBIT 5 [Disclosure of Interest Form] -173- z 0 0 1 2 t J is — w w ✓1 8 i$ e 1 Ig 2 h 0 0 i y 4 irjg OY §R 9 4 . 7 '4 • NreCog at ?Cm NT-4 124 941seme II ICK04/4). .0 —174— EXHIBIT 1 APPLICATION FOR EXTRA PAVEMENT THICKNESS CONSTRUCTION AND REIMBURSEMENT AGREEMENT I/we, Extreme Homes of Texas, LLC, owner and developer of the proposed Maple Hills Unit 5 Subdivision, hereby request reimbursement of $ 18.911.40 for the installation of the additional pavement thickness above that required for a residential collector street in conjunction with the Maple Hills Unit 5 Subdivision, as provided for by City Ordinance No. 17396 Said $18.911.40 is the construction cost, including engineering cost, as shown by the cost supporting documents attached herewith. !d i (Developer) (Date) THE STATE OF TEXAS )( COUNTY OF NUECES )( This instrument was acknowledged before me on hater y , 200 By ( J1Dh n %Yl1K /714M LLhtCiev_- -. .„ -6avteS of IP-xas a Texas Limited Liability Co .oration .n behalf of said corporation). •.1.� in and for the S,i as CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) sufficiency of funds in the Capital Improvements Program Fund for Street Improvements, and (b) approval and appropriation by the City Council. flak 'a Developm96t Services Engineer —175— EXHIBIT 2 Maple Hills Subdivision, Unit 5 BASE BID STREET WORK IMPROVEMENTS TOTAL NO. QTY ITEM A4 14,120 Street Excavation, complete in place per square yard. 42 1 . Site.Grading/Lots, complete in place per lump sum. A -3 4,676 6" Caliche Base complete in place per square yard. A-4; 4,652 8" Caliche Base, complete in place per square yard: 8" Lime Stabilized Subgrade, complete in place per square yard. 10" Lime Stabilized Subgtade, complete in place per square yard. Prime Coat, complete in place per square yard. 1 -1/2" HMACP, complete in place per square yard. 2" HMACP, complete in place square yard 6" Curb & Gutter, complete in place per linear foot. Concrete Sidewalk, complete in place per square foot Handicap Ramps w/ Truncated Domes, complete in place per A -12 I 12 each A -13 5 Street Signs, complete in place per each. STREET WORK IMPROVEMENTS TOTAL A -5 6,023 A-6 A -7 A -8 A -9 A -10 A -11 5,587 9,327 4,676 4,652 5,245 19,889 UNIT UNIT PRICE J TOTAL PRICE SY LS SY SY L45 20,474.00 31,000.00 31,000.00 9.50 44,422.00 11.50 53,498.00 SY SY SY SY SY LF SF 4.00 24,092.00 5.00 1.00 8.75 10.50 10.00 3.75 27,935.00 9,327.00 40,915.00 48,846.00 52,450.00 74,583.75 EA EA 600.00 550.00 7,200.00 2,750.00 $ 437,492.75 WATER DISTRIBUTION 8-1 B -2 B -3 B-4 B -5 B-6 B -7 1,382 6" Waterline, complete in place per linear foot. 8 6" 45° Bends, complete in place per each. 2 6" Plug, complete in place per each 703 8" Waterline, complete in place per linear foot. 4 8" 45° Bends, complete in place per each. 1 8" Plug, complete in place per each 1 Waterline Connection, complete in place per each. Fire Hydrant Assembly w/ Mainline Tee, complete in place per B -8 7 each. B -9 62 Water Service, complete is place per each. WATER DISTRIBUTION IMPROVEMENTS TOTAL LF EA EA LF EA EA EA 24.00 250.00 150.00 28.00 365.00 200.00 2,500.00 33,168.00 . 2,000.00 300.00 19,684.00 1,460.00 200.00 2,500.00 EA EA 2,850.00 600.00 19,950.00 37,200.00 S 116,462.00 WASTEWATER C-1 1,737 C -2 3 C -3 718 C-4 5 �8" Wastewater Line, complete in place per linear foot C -5 3 C-6 62 C -7 2,620 8" Plug, complete in place per each. 10" Wastewater line, complete m place per linear foot 4' a Wastewater Manhole (0'-6' Depth), complete in place per linear foot. Extra Depth for 4'e Manhole (Over 6' Depth), complete in place per linear foot. Wastewater Service, complete in place per linear foot. Trench Safety (Wastewater), complete in place per linear foot. LF EA LF 29.00 150.00 36.00. 50,373.00 450.00 25,848.00 LF 2,500.00 12,500.00 VF EA 275.00 825.00 550.00 34,100.00 LF 2.00 WASTEWATER IMPROVEMENTS TOTAL 5,240.00 $ 129,336.00 STORM WATER ID-1 376 18" RCP, complete in place per linear foot LF 29.00 10,904.00 D -2 51 24" RCP, complete in place per linear foot LF 38.00 1,938.00 Bid Proposal Page 1 of 3 — 1 7 7— EXHIBIT 4 INN CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with `NA'. FIRM NAME (Cr 77262 r Axes Q( I ezq STREET: 3r;'lc< ? 4 d(2/ t ZIP: '780 FIRM Is: 1. Corporation V 2. Partnership 3. Sole Owner 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or More of the ownership in the above named "f6m ". Name Job Title and City Department (d known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership Interest" constituting 3% or more of the ownership in the above named "firm ". Name Board, Commission or Committee ✓'!/ 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as charges occur. Certifying Person: :To i��/ /11,/tI4 &/CZ Title: gittoe✓/)' (Type or Print) Signature of Certifying Perso r06i1 —178— Date: OZ-I1-0 9 1 EXHIBIT5 1 10 CITY COUNCIL AGENDA MEMORANDUM February 24, 2009 AGENDA ITEM: Ordinance abandoning and vacating a 10,033.21- square foot portion of portion of an existing utility easement out of Boat Hole Marina Lot 1, Block 1, south of the Skipper Lane public street right -of -way; requiring the owner, S & G Marina, LLC., to comply with the specified conditions; and declaring an emergency. ISSUE: The closure of the utility easement is necessary for the re- development of the Boat Hole Marina property. REQUIRED COUNCIL ACTION: City Charter, Article IX. Section 4, requires Council approval to abandon and vacate any portion of an easement. IMPLEMENTATION SCHEDULE: Upon approval by Council and publication of the ordinance, all grants of easement closures must be recorded in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the building permit approval of construction, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Deputy Director of Development Services. These requirements are in compliance with Ordinance No. 025816, approved 7- 13 -04. RECOMMENDATION: Staff recommends approval of the ordinance as presented on an emergency basis. Juan Perales, Jr., P.E. Interim ACM of Development Services Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map —181— AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OF CLOSURE AND BACKGROUND: S & G Marina, LLC., is requesting the abandoning and vacating of a 10,033.21- square foot portion of a utility easement out of the Boat Hole Marina, Block 1, Lot 1, located south of the Skipper Lane public street right -of -way, in order to allow for the future re- development of the Boat Hole Marina property. The easement to be abandoned and vacated is located in an "1 -2" Light Industrial District. All public and franchised utilities were contacted. The City Gas Department has an existing 2" gas line within the proposed site and is requiring that the line be abandoned in place and a gas meter be installed at the Skipper Lane south right -of -way line, at the owner's expense. The City Wastewater Department has existing 8" and 12" sanitary sewer lines within the easement proposed for closure and is requiring that the Owner dedicate a new utility easement and relocate the sanitary sewer lines and manholes to the new easement. The Owner will also be required to ensure that the proposed sanitary sewer lines and proposed utility easements be designed, reviewed, constructed and accepted in accordance with the City of Corpus Christi Development Services Department, Engineering Services Department, and Wastewater Department requirements, prior to the abandonment and removal of the existing 8" and 12" sanitary sewer lines. Proposed easement dedication on the east portion of said site, is being dedicated for the installation of an 8" water main in compliance with looping the water system from Skipper Lane to Jester Street, and providing fire protection for proposed Development. All existing sanitary sewer lines must be removed and relocated at owner's expense. None of the other city departments and franchised utility companies had any objections with abandoning and vacating this portion of utility easement. Staff recommends that payment of fair market value be waived in accordance with City Code of Ordinance Sec. 49 -12 because Owner will be dedicating a new utility easement (20,420.87- square feet) of equal or greater value to off -set the proposed abandonment and vacation of the 10,033.21- square foot utility easement. The owner has been advised of and concurs with the conditions of the easement abandonment and vacation. EXHIBIT A —182— 225 222 218 213 217 218 0 229 444.444. Boat Hole Marina Easement Dedication 11,587.55sq. R. Boat Hole Marina Lot 1 Bik 1 131 Easement C/OStlYe 10,033.21 Boat Hole M Easement Dedicatiarina on 8,833.32 sq. ft. 201 100 200 Feet Proposed Easement Closure Easement Dedication Boat Hole Marina Lot 1 Bik 1 Easement Dedication /Easement Closure Exhibit C 12/1512005 oo.s Developmera Service E14V IIMI3cet Hob Manna Lot 1 Block 113aat_Hob MM aa_Lot 1 Block trod -1 p .- 1°—"_'1_ —_ i i 4 LL —1— . we NJ r—r1 i �+ nv� s e I Lit IS I tan t Lot II !Skipper tans __t roe 1 1 1 1 1•. Lot 1. Moth 1 I Ti ) °°°° 1 I oar A .+■ ! 1� V E- tnns'm "peat/foie Marine Lot 1 Bit 1 EssenSd Closure 10,033.21 Dal L•11: " . N�,sk. a1°.tar� sso sVo0'E 240.92' —∎o2.W "Aa. puma s.. R N8O'58°00'W 240.98' Too' ls(ffiilt 1 -- /4ittr�m.tMmt — 6� ;;.1•C�r�.., ,�L! . Br7 ire '. ISM .Y 1 sos'at Mar pagessitt Easement Closure Exhibit C Map to Accompany Jester street assMCe 9�BJi —sr ©I' .t"i... —oaf %l 8 p1 f 1 1 rt fit `oot widest a aped oust of Lot 11. Bled. 1. e. t° Pogo 1157 Map Records d. NiMew Cruelty. Teem DAZE OCT. 27. 2008 4rURt3ANl 1.1480' ENGINEERING mom` 412DI.M.o3 as Ma OWN S RS IS morn" Pal 1 OF t muss it arena MAIM BY: QLO yam, ua to ire rail u e° 1r LL� eyl/ 1�e1�y� 1•l N 17 _ Lot 1e —t t a / Skipper Lana 41.1 wesarc our F let b Midi oar Nrw 2 0 li , sr —' 1 `.. / - -i� 1 Peat Ha Matta � 1 EsswnentDedicafion Y,1 11,587.55sq. ft ____ 1 1r float Holsteins Eaaeft�Dodltafion v/) mod, 2 s ft. _� (/ go. kirk 111 t� k Male* WISYM1 Own* Twm I:. 01 liv I d G t i 1r �s� », a ■ zrs "AM (m9P �\ a Mlal `NiMafBaena uvarmt w.,r a R _1_t-- ___ w. I Jester Street aT 1 Pegg LIE Melt Warr II Sen6t rsar a .,semkt ram' Li S0 626t tsar' [r MD7627Y Isar Pond. L4 sun T Exhibit C 15 foot wide Utility Easement Dedications URBANSA,E °ca scut✓ 1•.NO' ENGINEERING sin" Ha: 4t2OtAtO3 s =WM m•ramc =URNS SIEET. 1 1 rs+lm . TI a ustarasu ORAN 8Y: RLC Page 1 of 3 AN ORDINANCE ABANDONING AND VACATING A 10,033.21- SQUARE FOOT PORTION OF PORTION OF AN EXISTING UTILITY EASEMENT OUT OF BOAT HOLE MARINA, LOT 1, BLOCK 1, SOUTH OF THE SKIPPER LANE PUBLIC STREET RIGHT -OF -WAY; REQUIRING THE OWNER, S & G MARINA, L.L.C., TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY WHEREAS, S & G Marina, L.L.C. (Owner), is requesting the abandonment and vacating of a 10,033.21- square foot portion of an existing utility easement out of Boat Hole Marina, Lot 1, Block 1, south of the Skipper Lane public street right -of -way, in order to allow for the re- development of the Boat Hole Marina property over the existing utility easement. The easement to be abandoned and vacated is located in a "1 -2" Light Industrial District; WHEREAS, with proper notice to the public, public hearing was held on Tuesday, March 10, 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 utility easement, 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 a 10,033.21- square foot portion of an existing utility easement out of Boat Hole Marina, Lot 1, Block 1, located south of Skipper Lane public street right -of- way, as recorded in Volume 64, Page 187 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to Owner's compliance with the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above utility easement is conditioned upon Owner's compliance with the following: 1) Payment of fair market value is waived under Section 49 -12, Code of Ordinances, because Owner is dedicating a utility easement (20,420.87 - square feet) of equal or greater value to off -set the proposed abandonment and vacation of the 10,033.21- square foot utility easement. 2) The City Gas Department's existing 2" gas line is being abandoned in place and a gas meter must be installed at the Skipper Lane south right -of -way line, at the Owner's expense. 3) The Owner shall dedicate a new utility easement, relocate the existing 8" and 12" sanitary sewer lines from within the existing easement to the new CIDOCUME -1 Ueannie1LOCALS- 1 \TemOORD- abandon_vice BoatHoleMarina- UtilEasement 02162009.doc Page 2 of 3 easement; and abandon and grout the old sanitary sewer line, at Owner's expense. The new sanitary sewer lines and utility easements must be designed, reviewed, constructed, and accepted by the City of Corpus Christi Development Services Department, Engineering Services Department, and Wastewater Department prior to the abandon and removal of the existing 8" and 12" sanitary sewer lines. 4) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. 5) Upon approval by Council and issuance of the ordinance, all grants of easement closures must be recorded at Owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the approval of building permit and construction, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Deputy Director of Development Services. SECTION 3. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 10th day of March, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary APPROVED: February 16, 2009. R..dayning First Assistant Ci Attorney For City Attorney Mayor, City of Corpus Christi C:\D000ME- 1Ueannie \LOCALS -1 \Temp \ORD - abandon- vacat &tatHoleMarina- UtilEasement 02162009.doc a �Ba Page 3 of 3 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- 1Ueannie \LOCALS -1 \Temp \ORD - abandon-vacat ratHoleMarina- UtilEasement 02162009.doc 11 CITY COUNCIL AGENDA MEMORANDUM February 24, 2009 AGENDA ITEM: Ordinance abandoning and vacating a 34,198- square foot portion of an existing utility easement out of Padre - Staples Mall, Block 1, Lot 1A, and Mt. Vernon Subdivision Unit 1, Lot B3, located north of and adjacent to the South Padre Island Drive public street right -of -way; requiring the owner, Corpus Christi Retail Venture, L.P., to comply with the specified conditions; and declaring an emergency. ISSUE: The closure of the utility easement is necessary for the proposed expansion of the La Palmera Mall. REQUIRED COUNCIL ACTION: City Charter, Article IX. Section 4, requires Council approval to abandon and vacate any portion of an easement. IMPLEMENTATION SCHEDULE: Upon approval by Council and publication of the ordinance, all grants of easement closures must be recorded in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the building permit approval of construction, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Deputy Director of Development Services. These requirements are in compliance with Ordinance No. 025816, approved 7- 13 -04. RECOMMENDATION: Staff recommends approval of the ordinance as presented on an emergency basis. Vueett, \id. Juan Perales, Jr , P.E. Interim ACM of Development Services Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map —191— AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OF CLOSURE AND BACKGROUND: Bury + Partners, on behalf of Corpus Christi Retail Venture, LP, is requesting the abandoning and vacating of a 34,198- square foot portion of a utility easement out of the Padre - Staples Mall, Block 1, Lot 1A, and Mt. Vernon Subdivision Unit 1, Lot B3, located north of and adjacent to the South Padre Island Drive public street right -of -way, in order to allow for the future expansion of the La Palmera Mall property. The easement to be abandoned and vacated is located in a "B -4" General Business District. All public and franchised utilities were contacted. The City Gas Department has an existing 4 -inch gas line within the easement to be closed and will require that the property owner dedicate a new utility easement and relocate the City gas line at Owner's expense. The City Wastewater Department has existing sanitary sewer lines and sanitary sewer manholes in the easement proposed for closure. The property owner will be required to abandon and grout the old line at their expense. The new sewer lines will be private lines to be maintained by the property owner. City Water Department has existing water lines within the easement proposed for closure and requires that prior to the closure of the utility easements, the property owner dedicate a new utility easement and relocate the City water lines at owner's expense, and that the owner submit construction plans to Development Services for review and approval. The City Storm Water Department requires that any and all private storm sewer lines to be constructed be placed in private drainage easements and be privately maintained. AEP has existing underground electrical facilities and will require that the owner pay for any rerouting or relocating of its electrical facilities. All existing utility easements must not be abandoned and vacated, until new easements have been filed and recorded and existing City utilities have been relocated in the appropriate dedicated easements. None of the other city departments and franchised utility companies had any objections with abandoning this portion of utility easement. Staff recommends that payment of fair market value be waived in accordance with City Code of Ordinance Sec. 49 -12 because Owner will be dedicating a new utility easement (54,793- square feet) of equal or greater value to off -set the proposed abandonment and vacation of the 34,198- square foot utility easement. The owner has been advised of and concurs with the conditions of the easement abandonment and vacation. EXHIBIT A -1 9 2- Page 1 of 3 AN ORDINANCE ABANDONING AND VACATING A 34,198- SQUARE FOOT PORTION OF AN EXISTING UTILITY EASEMENT OUT OF PADRE - STAPLES MALL, BLOCK 1, LOT 1A, AND MT. VERNON SUBDIVISION UNIT 1, LOT B3, NORTH OF AND ADJACENT TO THE SOUTH PADRE ISLAND DRIVE PUBLIC STREET RIGHT -OF -WAY; REQUIRING THE OWNER, CORPUS CHRISTI RETAIL VENTURE LP, TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY WHEREAS, Corpus Christi Retail Venture LP ( "Owner "), is requesting the abandonment and vacating of a 34,198- square foot portion of an existing utility easement out of Padre - Staples Mall, Block 1, Lot 1A, and Mt. Vernon Subdivision Unit 1, Lot B3, north of and adjacent to the South Padre Island Drive public street right -of -way, in order to allow future expansion of the La Palmira Mall over the existing utility easement. The easement to be abandoned and vacated is located in a "B -4" General Business District WHEREAS, with proper notice to the public, public hearing was held on Tuesday, February 24, 2009, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate the portion of the utility easement, 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 a 34,198- square foot portion of an existing utility easement out of Padre - Staples Mall, Block 1, Lot 1A, and Mt. Vernon Subdivision Unit 1, Lot B3, north of and adjacent to the South Padre Island Drive public street right -of -way, as recorded in Volume 52, Pages 123 -125, and Volume 51, Pages 92 -104 of the Map Records of Nueces County, Texas, and Volume 1288, Page 498 and Volume 2066, Page 962, of the Deed Records of Nueces County, Texas, is abandoned and vacated, subject to Owner's compliance with the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above utility easement is conditioned upon Owner's compliance with the following: 1) Payment of fair market value is waived under Sec. 49 -12, Code of Ordinance, because Owner is dedicating a utility easement of equal or greater value to off -set the proposed abandonment and vacation of the 34,198- square foot utility easement. 2) The Owner shall dedicate a utility easement and relocate the City's gas line within the easement at Owner's expense. C:\D000ME -1 VeannielLOCALS -1\ Temp \ORD - abandon- va9aJegadre- StaplesMall- UtilEasement 02162009r.doc Page 2 of 3 3) The Owner shall abandon and grout the old sanitary sewer line, at Owner's expense. 4) The Owner shall dedicate a new utility easement, relocate the existing water lines from within the existing easement to the new easement at Owner's expense. The Owner shall submit construction plans to the City Water Department for review and approval that show how the water main will be looped, prior to the closure of the utility easements. 5) The Owner shall pay to reroute or relocate AEP's existing underground electrical facilities. 6) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. 7) Upon approval by Council and issuance of the ordinance, all grants of easement closures must be recorded at Owner's expense in the real property Map Records of Nueces County, Texas. Prior to the approval of building permit and construction, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Deputy Director of Development Services. SECTION 3. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 24th day of February, 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett Mayor, City of Corpus Christi City Secretary APPROVED: February 16, 2009. R.)Iay fining First sistant City Attorney For City Attorney C: \DOCUME -1 Ueannie\ LOCALS -1 \ Temp \ORD - abandon- vatteP ,adre- StaplesMall- UtilEasement 02162009r.doc Page 3 of 3 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: \DOC UME -1 \Jeannie \LOCALS -1 \ Temp \ORD - abandon- qcjtred re- StaplesMal l- UtilEasement 02162009r.doe 5314 J0 71Y0 413 41l 1074 Lot 111, Block 1, Padre Staples Mall & Lot /B3, Mt. Vernon Subdwlsion, Unit 1 Easement Closure 34,198 sq. ft. lw 0 150 300 .Feet Proposed Easement Closure Inita Easement Closure DI. Y1W2t09 Itnetd Ott OS Oracwwo..wanwwSnon EXHIBIT C -196- P.O.C. 1 LOT 8 -3 (1. -1 -15' UTVIT EASEMENT LOT 2 -A. BLOCK 1 . VERNON 1 UNIT NO.BDNTSIONs f' Va. 51. PG. 104, 1MRNCT PADRE STAPLES MALL '1 U' Uoklt, EASGIENT umciVoL 52, PG 123 -125, si. VIOL. 51, Pr ln.l I _ 1 MknL,l r.un, (f0 BE ABANDONS 1 MRNCT N2RWO46 Was a.N --''S1 _ � TPRDOSm LOT LIRE O $f�}I °• I I 10 UTILITY EASEMENT W `1' C VOL. 52, PC. 113 -125. j l< MRNCT I i (TO BE ABANDONED) ) I s cn O <— 14—o s = m F K y c z r Crg A agOV Fv 95 z 01 N(1 R • 1R 2E o p' II 10* UTUTY EASEMENT VOL 1766. PC 496 ORNCT (TO BE AYNOONED) 20' UTILITY EASEMENT (TO a AVNOOME0) DANCT yJFJC:i I I 1vOL� 288 Pt 498. oINOT (TD 6E ABANDONED) R 0 I I- 10' UTUTY EASEMENT VOL. 57. PG 123 -125. MRNCT (10 et ABAECONEO) II I I II II J� 10 UTILITY EASEMENT By. 1256 PG. 496 ORNCT (TO BE ABANDONED) LOT 1 -A. BLOCX 1 PADRE STAPLES MALL VOL. 52, PG. 123 -125, MRNCT 10' VILITY EASEMENT VOL 52. PC. 123 -125. MRNCT (TO 6E ABANDONED) `ID' UILITY EASEMENT LO... 1766. PG. 496 01040 (TO BE ABANDONED) 10' UTUTY EASEMENT, Va. 2065, PC. 957. WINO (TD Q ABANDONED) 10' UTILITY EASEMENT VOL. 52, PG 123 -125. URNCT (T0132 ABANDONED) It nsp -`I 1:1 10' UNLITT EASEMENT Lg e�1^ I VOL 57. PG. 123 -125, MRNCT Qg (TO BC ABANDONED) RRii iI . I� , I i 70' UlU1Y EASEMENT nn Va. 12661 PG. 496 ORNCI 11 L_____I0L-. 0 75 150 GRAPHIC SCALE: 1- •• 150' DRNCT MRNCT P.O.C. P.O.B. (CM) EPSON VOL. PC. NO. R.O.W. • LEGEND • GEED RECORDS. NUECES COUNTY. TEXAS MAP RECORDS, NUECES COUNTY. TEXAS POINT OF COMMENCING PONT OF BEONN240 CONTROL MONUMENT BRASS MONUMENT VOLUME PAGE NUMBER RIGHT -OF-WAY Preliminary This document shall not be recorded for any purpose. For Review Purposes Only Davies J De wee-et, Registration No. 5066 JANUARY 23, 2009 EASEMENT CLOSURE uiiUTY EASEMENTS SITUATED Vol LOT IA, BLOCK 1, PADRE — STAPLES MALL VOL 52, PG. 123 -125, MRNCT, & LOT 83, MT. VERNON SUBDIVISION, UNIT NO. 1, VOL 51, PG. 104, MRNCT, CITY OF' CORPUS CHRISTI, NUECES COUNTY, TEXAS IS...C°ALE: 1- - 150' ..ANN: RDR DATE: 01/23/09 PACE: 5 K 5 S. \SUR \30 411- 10 \SURV \34U- 10- E5MT- 5o&4.a paned e1 dde -4rm1 al •a+ 23. 2009 - 6: ?Bpm —197— 12 ATTACHMENT WILL BE PROVIDED FRIDAY AFTERNOON -201- 13 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: February 24. 2009 AGENDA ITEM: Resolution on exportation of groundwater from the Nueces River Basin. ISSUE: As the population of South Texas expands and new surface water supplies become increasingly limited and expensive to develop, there is increasing interest in developing and marketing groundwater and exportation of large amounts of groundwater from aquifers within the Nueces River Basin which could potentially decrease or eliminate spring flows, reduce surface flows, with possible adverse effects on downstream surface water rights and water supply facilities. Several entities are seeking legislation this session to circumvent the Edwards Aquifer Authority statute which, presently prohibits the transport of Edwards Aquifer water out of Uvalde and Medina counties. If successful, it would build a pipeline and transport about 40,000 acre -feet of Edwards Aquifer water, annually, from Uvalde County to San Antonio. Very likely, additional large amounts of groundwater will be added to the pipeline from Kinney County. The surface water resources likely to be impacted by this proposed exportation include the Nueces, Leona and Frio rivers, all of which support the firm yield of the Choke Canyon -Lake Corpus Christi Reservoir System. If such exportation results in reduced surface water flows in these rivers, the effect would be a diversion of surface flows away from surface water permit holders. Scientific knowledge of groundwater supplies in the Nueces River Basin, and particularly the upper Nueces River Basin, which is influenced by the highly fractured Edwards and Trinity - Edwards aquifers, is uncertain and at times conflicting, and new studies are continuing to develop; and until the consequences of exporting large quantities of groundwater from aquifers in the Nueces River Basin are better understood, it is prudent to oppose proposed exportations of groundwater from the aquifers in the Nueces River Basin and any actions designed to facilitate the exportation of groundwater. It is the policy of the City of Corpus Christi to discourage development of groundwater resources within or outside of the Nueces River Basin, when the development could reasonably be expected to reduce the availability of surface water or groundwater resources within the basin that are needed: a. For current and projected domestic, agricultural, municipal, industrial, recreational, and other beneficial uses within the areas served by the City of Corpus Christi's water supplies. b. To preserve the yield of the Choke Canyon /Lake Corpus Christi Reservoir System. c. To protect environmental flows within the Nueces River Basin, including springs, instream flows, and freshwater inflows to the bays and estuaries. The City of Corpus Christi encourages more studies to better understand groundwater resources in the Nueces River Basin, the interconnection of groundwater and surface water resources, and the economic, social, and environmental consequences of exporting large quantities of groundwater from the Nueces River Basin. —4U° In view of all of the above, the City of Corpus Christi specifically opposes the exportation of large quantities of groundwater from Kinney and Uvalde counties as is being contemplated by several entities, the construction of pipelines to facilitate the exportation of ground water from the aquifers within the Nueces River Basin, and any amendments of the Edwards Aquifer Authority statute that would facilitate the exportation of groundwater from the aquifers within the Nueces River Basin until such time as the consequences of the exportation of groundwater on Nueces River Basin water supplies and surface water permit holders are better understood. The City of Corpus Christi encourages dialogue and cooperation among all parties involved in or potentially affected by groundwater exportations from the Nueces River Basin to help achieve water supply programs that maximize benefits to all and minimize harm done. REQUIRED COUNCIL ACTION: Approval of the resolution as recommended by staff. PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: Staff recommends the approval of the resolution that opposes the exportation of groundwater from Uvalde and Kinney counties as being contemplated by several entities; the construction of pipelines to facilitate the exportation of ground water from the aquifers within the Nueces River Basin, and any amendments of the Edwards Aquifer Authority statute that would facilitate the exportation of groundwater from the aquifers within the Nueces River Basin until such time as the consequences of the exportation of groundwater on Nueces River Basin water supplies and surface water permit holders are better understood. Attachments -206- Gus -vo Gonzalez Dire tor of Water 0 Page 1 of 3 RESOLUTION ON EXPORTATION OF GROUNDWATER FROM THE NUECES RIVER BASIN WHEREAS, there are direct and important interconnections between surface waters and groundwaters in the Nueces River Basin; WHEREAS, as the population of South Texas expands and new surface water supplies become increasingly limited and expensive to develop, there is increasing interest in developing and marketing groundwater; WHEREAS, exportation of large amounts of groundwater from aquifers within the Nueces River Basin could potentially decrease or eliminate spring flows, reduce surface flows, with possible adverse effects on downstream surface water rights and water supply facilities, and adversely affect groundwater supplies needed for current and future domestic, municipal, and agricultural uses; WHEREAS, scientific knowledge of groundwater supplies in the Nueces River Basin, and particularly the upper Nueces River Basin, which is influenced by the highly fractured Edwards and Trinity- Edwards aquifers, is uncertain and at times conflicting, and new studies are continuing to develop; and WHEREAS, until the consequences of exporting large quantities of groundwater from aquifers in the Nueces River Basin are better understood, it is prudent to oppose proposed exportations of groundwater from the aquifers in the Nueces River Basin and any actions designed to facilitate the exportation of groundwater; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL. OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. It is the policy of the City of Corpus Christi to discourage development of groundwater resources within or outside of the Nueces River Basin, when the development could reasonably be expected to reduce the availability of surface water or groundwater resources within the basin that are needed: a. For current and projected domestic, agricultural, municipal, industrial, recreational, and other beneficial uses within the areas served by the City of Corpus Christi's water supplies. b. To preserve the yield of the Choke Canyon /Lake Corpus Christi Reservoir System. c. To protect environmental flows within the Nueces River Basin, including springs, instream flows, and freshwater inflows to the bays and estuaries. Resolution -- Exportation of Groundwater from Nueces Basin 02162009 —207— Page 2 of 3 SECTION 2. The City of Corpus Christi encourages more studies to better understand groundwater resources in the Nueces River Basin, the interconnection of groundwater and surface water resources, and the economic, social, and environmental consequences of exporting large quantities of groundwater from the Nueces River Basin. SECTION 3. In view of all of the above, the City of Corpus Christi specifically opposes the exportation of large quantities of groundwater from Kinney and Uvalde counties as is being contemplated by several entities, the construction of pipelines to facilitate the exportation of ground water from the aquifers within the Nueces River Basin, and any amendments of the Edwards Aquifer Authority statute that would facilitate the exportation of groundwater from the aquifers within the Nueces River Basin until such time as the consequences of the exportation of groundwater on Nueces River Basin water supplies and surface water permit holders are better understood. SECTION 4. The City of Corpus Christi encourages dialog and cooperation among all parties involved in or potentially affected by groundwater exportations from the Nueces River Basin to help achieve water supply programs that maximize benefits to all and minimize harm done. ATTEST: Armando Chapa City Secretary APPROVED: February 16, 2009. R. J e' ing Fir As stant City? (ttorney For City Attorney THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Resolution — Exportation of Groundwater from Nueces Basin 02162009 —208— 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 Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon Resolution — Exportation of Groundwater from Nueces Basin 02162009 —209— 14 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 2/24/09 AGENDA ITEM: Resolution nominating Berry Contracting, LP, to the Office of the Governor Economic Development & Tourism, through the Economic Development Bank,for designation as a Single Retained Job Enterprise Project, under the Texas Enterprise Zone Program under the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code (Act). ISSUE: Projects seeking designation as an Enterprise Project must obtain a nomination by the City Council to the Office of the Governor. Berry Contracting, LP has requested the City of Corpus Christi consider nomination of the company as a Single Texas Enterprise project for job retention benefits. Berry Contracting, LP estimates that over the next five years, they will make capital expenditures in excess of $5 million, but less than $150 million, in capital expenditures for new cranes, equipment and machinery which will allow the company to produce its products and services in a more cost effective manner. REQUIRED COUNCIL ACTION: Requires Council approval of the resolution. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the Resolution to nominate Berry Contracting as a Single Texas Enterprise Project, as presented. Attachments -213- (-.444,4) Irma Caballero, Director Economic Development BACKGROUND INFORMATION Under State Law, the Office of the Governor — Economic Development and Tourism Division through the Texas Economic Development Bank administers the Texas Enterprise Zone (TEZ) Program. According to the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code, the purpose of the program is to encourage job creation and retention and capital investment in areas of economic distress. The 78th legislature amended the act to increase participation in the program, decrease paperwork and streamline the process. Under the amended act, communities are no longer required to submit an application and fee to create an enterprise zone; designation of an enterprise zone is automatic based on decennial figures. Areas designated as enterprise zones include census block groups with 20 percent poverty and areas federally designated as Renewal Communities. Previously designated enterprise zones will be designated until their expiration, after which the area would need to meet the 20 percent poverty guideline. A project seeking designation as a Texas Enterprise Zone Project still must seek nomination from the governing body to the Office of the Governor for consideration and designation. Communities participating in the Texas Enterprise Zone Program are required to provide incentives to the project in addition to offering nomination for participation in the Texas Enterprise Zone Program. At least one of the incentives must be exclusive to the Texas Enterprise Zone. A designated project located in the Texas Enterprise Zone must agree to hire at least.25 percent of its employees from the enterprise zone or economically disadvantaged groups and in return will receive a refund of sales and use tax (SUT) paid to the Office of the Comptroller. If the project is located outside the zone, the project must agree hire at least 35 percent of its new employees from the enterprise zone or economically distressed groups. The program allows a refund of $2,500 for each job created or retained. If investment levels are adequate, the local nominating governing body may nominate a project as a Double or Triple Jumbo Project designation, increasing the value per job created or retained to $5,000 or $7,500, respectively. Therefore, a double jumbo project can receive a rebate of up to $2.5 million, and a triple jumbo project can receive a rebate of up to $3.75 million. State Law allows each participating community with a population less than 250,000 to nominate up to four projects per biennium and communities with a population more than 250,000 to nominate up to six projects per biennium. Since City of Corpus Christi's population exceeds the 250,000 threshold, up to six projects can receive designation during this biennium. A double jumbo project assumes two of the number of projects —214— allowable and a triple assumes three. Thus far, the City has nominated two businesses for four designations this biennium. The business nominated and approved are Flint Hills Resources, LP ( "triple jumbo ") and Stripes LLC ( "single "). The City has also passed a resolution which provides for the nomination of Valero and CITGO as each triple enterprise zone projects for the next biennium. These two nominations will complete the City's nominations of local businesses for the next two years, until September 1, 2011. The City of Corpus Christi has nominated a number of projects including the Greyhound Racetrack, First Data Corporation, Coastal Refining and Marketing, CITGO Refining and Chemicals, Trinity Towers, L.P., APAC Corporation and Valero. To date, the designated enterprise zone projects have resulted in literally billions of dollars in investment in Corpus Christi. This local capital investment represents a significant portion of all of the combined capital investment made in enterprise zones across the state. Berry Contracting, LP Berry Contracting estimates that over the next five years, they will make capital expenditures in excess of $5 million, but less than $150 million, in capital expenditures for new cranes, equipment and machinery which will allow the company to produce its products and services in a more cost effective manner. This capital investment and its job retention represent the basis for this enterprise project nomination. —215— BERRY® January 6, 2009 Ms. Irma Caballero Director of Economic Development City of Corpus Christi P. 0. Box 9277 Corpus Christi, Texas 78469 Re: Berry Contracting LP Project Application Request Dear Ms. Caballero: P.O. Sox 4858 1414 Corn Products Road Corpus Christi, Texas 78469.4858 Bus: (512) 693 -2100 Fax: (512) 693.2819 As you are aware, Berry Contracting LP ( "Berry Contracting ") is interested in pursuing an enterprise zone project nomination from the City of Corpus Christi. We estimate that over the next five years, we will make capital expenditures in excess of $5 million, but less than $150 million, in capital expenditures for new cranes, equipment and machinery which will allow our company to produce our products and services in a more cost effective manner. Please accept this letter as our request to the City of Corpus Christi to apply to the Texas Economic Development Bank for designation of existing facility as a single retained job "enterprise project" in accordance with Chapter 2303 of the Texas Government Code and TAC Title 10, Part 5, Chapter 176.3. We are seeking job retention benefits under Chapter 2303.406(D). We are prepared to submit our application, including our corporate resolution in support of our request. We further request that the City consider a nominating resolution prior to the next submittal date on March 3, 2009. Please advise me, or our consultant Karin Richmond, of any additional information that you may need in order for the City Council to consider this request. Thank you for your cooperation. Very truly yours, , Edward et Martin. Vice President Berry Contracting LP cc: Mr. Roland Mower, Corpus Christi Regional Economic Development Corporation Ms. Karin Richmond, Intelligentincentives. Safety • Quality • Productivity The Winn2ti'6C- ontbinatian WIDE OPEN SFOR BUSINESS Texas Enterprise Project Application Office of the Governor Economic Development and Tourism Texas Economic Development Bank -217- For Office Use Only: Date Received: ❑ Application Fee Endosed Project: Community: File Number: Office of the Governor Economic Development and Tourism Texas Enterprise Project Application Berry Contracting, L.P. City of Corpus Christi I. APPLICATON FEE ® Non - refundable Application Fee submitted, made payable to Texas Economic Development Bank in the amount of: ® $750 for an Enterprise Project ❑ $1,500 for a Double Jumbo Enterprise Project ❑ $2,250 for a Triple Jumbo Enterprise Project II. PUBLIC HEARING Copy Attached Public Hearing Held ❑ Government Posting (Tab2) ❑ Published in Newspaper of General Circulation (Tab 3) ❑ Notice of Hearing to the Bank (Tab 4) ❑ Transcript or Minutes of all Public Hearings Held Attached (Tab 5) Not Applicable El Date III. OFFICIAL ACTION ❑ Nominating Ordinance or Order Attached (Tab 6) ® Nominating Resolution Attached (Tab 6) Ordinance /Order No. Resolution No. IV. LOCAL INCENTIVES OFFERED Must be listed specifically in the ordinance/order to earn points under the Local Effort in Section )OOQII. Self Evaluation of the Application. ❑ Local Sales Tax Refund ® Tax Abatement Z Tax Increment Financing ® Freeport Exemption ® Economic Development Sales Tax (4A) Z Economic Development Sales Tax (4B) ® Zoning Changes / Variances ❑ Building Code Exemptions ❑ Impact / Inspection Fee Exemptions Rev.9.15.07 ❑ Zone Only ❑ Jurisdiction -wide ❑ Zone Only Z Jurisdiction -wide ❑ Zone Only ® Jurisdiction -wide ❑ Zone Only ® Jurisdiction -wide ❑ Zone Only ® Jurisdiction -wide ❑ Zone Only ® Jurisdiction -wide ❑ Zone Only ® Jurisdiction -wide ❑ Zone Only ❑ Jurisdiction -wide ❑ Zone Only ❑ Jurisdiction -wide Page 1 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application Berry Contracting, L.P. ® Streamlined Permitting ❑ Improved Police and / or Fire Protection ❑ Community Crime Prevention Programs ❑ Special Public Transportation Routes or Reduced Fares ® Capital Improvements in Water and Sewer Fadlities ® Road Repair Z Creation or Improvement of Parks ® Low - Interest Loans for Housing Rehabilitation or New Construction ❑ Transfer of Abandoned Housing to Individuals or Community Groups ® Low - Interest Loans for Business ❑ Use of Surplus School Buildings for Incubators ❑ Provision of Publicly Owned Land for Development Purposes ® One -Stop Permitting, Problem Resolution Center or Business Ombudsmen ® Promotion and Marketing Services ® Job Training and Employment Services ® Retraining Programs ® Literacy and Employment Skills Programs ® Vocational Education a Customized Job Training_ ® Zone Only ❑ Jurisdiction -wide ❑ Zone Only ❑ Jurisdiction -wide ❑ Zone Only ❑ Jurisdiction -wide ❑ Zone Only ❑ Jurisdiction -wide ❑ Zone Only ® Jurisdiction -wide ❑ Zone Only ® Jurisdiction -wide ❑ Zone Only ® Jurisdiction -wide ❑ Zone Only ❑ Jurisdiction -wide ❑ Zone Only ❑ Jurisdiction -wide ❑ Zone Only Z Jurisdiction -wide ❑ Zone Only ❑ Jurisdiction -wide ❑ Zone Only ❑ Jurisdiction -wide Z Zone Only ❑ Jurisdiction -wide ® Zone Only ❑ Jurisdiction -wide ❑ Zone Only ® Jurisdiction -wide ❑ Zone Only ® Jurisdiction -wide ❑ Zone Only ® Jurisdiction -wide ❑ Zone Only ® Jurisdiction -wide ❑ Zone Only aJurisdiction -wide The following incentives may not be counted under Local Effort in Section )OO(III. Self Evaluation of the Application. ❑ Deferred Compliance ❑ Priority and Preference for Receipt of CDBG monies ❑ Priority and Preference for Receipt of Industrial Revenue Bonds ❑ Priority and Preference for Receipt of JTPA Funds ❑ Amend Zoning Ordinances for Economic Development ❑ Local Enterprise Zone Fund for funding Bonds ❑ Reduced Utility Rates for Businesses ❑ Priority in Issuing of Performance Bonds ❑ Priority for Local Economic Development Services ❑ Priority for Educational Services ❑ Priority for Job Training Services ❑ Priority for Transportation Programs ❑ Zone Only ❑ Zone Only ❑ Zone Only ❑ Zone Only ❑ Zone Only ❑ Zone Only ❑ Zone Only ❑ Zone Only ❑ Zone Only ❑ Zone Only ❑ Zone Only ❑ Zone Only ❑ Jurisdiction -wide ❑ Jurisdiction -wide ❑ Jurisdiction -wide ❑ Jurisdiction -wide ❑ Jurisdiction -wide ❑ Jurisdiction -wide ❑ Jurisdiction -wide ❑ Jurisdiction -wide ❑ Jurisdiction -wide ❑ Jurisdiction -wide ❑ Jurisdiction -wide ❑ Jurisdiction -wide Rev.9.15.07 Page 2 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application Berry Contracting, L.P. V. ALLOCATION(S) AVAILABLE FOR JURISDICTION Designation Sought Enterprise Project (counts as one designation) Double Jumbo Enterprise Project (counts as two designations) Triple Jumbo Enterprise Project (counts as three designations) Population of Nominating Jurisdiction (2000 decennial census) Number of Designations Allocated for this Jurisdiction per State Biennium (four or six) Number of Designation(s) Already Used this State Biennium Number of Designation(s) Represented in this Application Number of Designation(s) Applied for with Additional Application(s) during this Round Number of Project Designation(s) Remaining for Governing Body if all Applications are Approved Does this Application Represent a Bonus Project? ® Yes —or- 0 Yes —or- 0 Yes 277,454 6 4 1 0 1 ❑ Yes ®No VI. PROJECT LOCATION Primary Business Address of the Qualified Business Site Street Address 1414 Valero Way (formerly Corn Products Road) City Corpus Christi State TX Nominating Jurisdiction Citv of Corpus Christi Zip 78409 County where Qualified Business is Located Nueces List all additional census tract block groups that the property resides at, at the qualified business site CT 35 BG 2 in the Renewal Zone and CT 8 BG3. CHOOSE ALL THAT APPLY AND PROVIDE BACKUP DOCUMENTATION ® Check here if located IN a block group enterprise zone under Current Statute Census Tract 50.00 Block Group: 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9. ❑ Poverty Level of the 2000 Census Block Group (at least 20 %) Backup Documentation Attached — 2000 Poverty Data (Tab 7) ❑ Check here if located in a block group that is NOT an enterprise zone under Current Statute Census Tract Block Group: 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9. ❑ Poverty Level of the 2000 Census Block Group (less than 20 %) Backup Documentation Attached — 2000 Poverty Data (Tab 7) Rev.9.15.07 37.2 Page 3 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application Berry Contracting, L.P. ❑ Check here if located at a Qualified Business Site in a 2007 Distressed County under Current Statute Poverty Level of the County — 2000 Decennial Census Percent of Adult Population that Does Not Hold a High School Diploma or Equivalency Unemployment Rate for the County for the Preceding Five Years Year: 2008 Rate: Year: 2007 Rate: Year: 2006 Rate: Year: 2005 Rate: Year: 2004 Rate: Backup Documentation Attached (Tab 7) ❑ Check here if located in an Enterprise Zone Approved Prior to 9/1/03 (zone must still be active) Date Enterprise Zone will Expire Poverty Level of Enterprise Zone Approved Prior to 9/1/03 Poverty Table from Enterprise Zone Application Attached (Tab 7) -OR- Poverty was not a Qualifying Criteria for this Enterprise Zone ❑ Check here if located in a Federally Designated Zone (zone must still be active) Date Federally Designated Zone will Expire Poverty Level of Federally Designated Zone Poverty Table from Federal Application Attached (Tab 7) ® Check here if located in a Federally Designated Renewal Community (zone must still be active) Date Enterprise Community designation will Expire 0 0 12/31/09 Is the Qualified Business in a Defense Economic Readjustment Zone that is still active? ❑ Yes ❑ No CHOOSE ONE: Official U.S. Census Map showing the entire location of the Qualified Business Site is attached (location of qualified business site clearly indicated) (Tab 8) -OR- Map of the grandfathered enterprise zone, or federally- designated zone showing location ❑ Yes of the Qualified Business Site is attached, if applicable (Tab 8) ® Yes Rev.9.15.07 Page 4 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application Berry Contracting, L.P. VII. COMMUNITY EFFORT Briefly describe efforts by the governing jurisdiction during the last year to encourage partidpation by residents, neighborhood groups, and other businesses in the area. Identify governing jurisdiction's efforts to revitalize the area. (Attach additional pages behind this page as needed.) See Tab 18. VIII. BUSINESS ACTIVITY IN THE AREA Briefly describe the type of business activity that has occurred during the last two years to revitalize the area. Estimate and describe the privately- sponsored investment or in -kind services used to improve the area or create jobs. (Attach additional pages behind this page as needed.) See Tab 19. Rev.9.15.07 Page 5 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application Berry Contracting, L.P. IX. BUSINESS INFORMATION Exact Legal Name Under Which the Business is Seeking Designation Berry Contracting, L.P. Federal Tax ID Number 74- 2982901 Comptroller of Public Accounts Number 1 -74- 2982901 -7 ® Attach Certificate of Corporate Resolution authorizing the Enterprise Project Application (Tab 9) ® Yes ❑ No ® Yes ❑ No Will the Business be required to pay State Sales and Use Tax on equipment? Is business current on tax payments with the State of Texas? If not current on tax payments to the State, explain (attach additional pages behind this page as needed) X. BUSINESS STRUCTURE Does the company have the authority to do business in Texas? Does the company currently have facilities in Texas? ® Yes ❑ No ® Yes ❑ No Check Applicable Documents indicating authority to do business in Texas from the Texas Secretary of State and attach a copy of each (Tab 10) ❑ Articles of Incorporation ❑ Assumed Name Certificate ❑ Certificate of Formation Rev.9.15.07 Certificate of Existence or Status ❑ Other Page 6 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application Berry Contracting, L.P. What is the structure of the company? ❑ Privately Held Corporation Z Partnership ❑ Publicly Held Corporation ❑ Limited Liability Partnership (LLP) ❑ Limited Liability Corporation (LLC) ❑ Other ❑ Sole Proprietorship Is the Business a Franchise? ❑ Yes ® No Is the Business a Subsidiary? ® Yes ❑ No Organizational Chart Attached ® Yes ❑ No Name Percent List any person or entity that has over 5% ownership in the business Berry GP, Inc. 100% Number of Years in Business Number of Employees Worldwide Parent Company Berry GP, Inc. Years Parent Company in Business 8 3,100 54 Will any other entity of the controlled group be financially involved with this proposed enterprise project or activity? ® Yes ❑ No If yes, list and complete an Additional Partidpating Entities form (next page) for each entity in the business controlled group participating in the project or activity Berry GP, Inc. Basic Equipment Co. Rev.9.15.07 Page 7 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application Berry Contracting, L.P. XI. ADDITIONAL PARTICIPATING ENTITIES FORM Complete the following information, including a contact, for each related entity that is a member of a controlled group that is necessary to the project or activity First Name Edward A. Title President and CEO Organization Berry GP, Inc. Street Address 1414 Valero Way Mailing Address PO Box 9908 Last Name Martin City Corpus Christi State TX Zip 78469 Phone Number 361 - 693 -2410 Fax Number 361 - 693 -2822 Email Address martineCalbavltd.com Federal Tax ID No. 74- 1239592 Comptroller of Public Accounts No. 1 -74- 2547935 -3 Provide a detailed description of this entity's role with respect to the project for each applicable category. ® Capital Investment The entity may provide funds for capital investment or have title to the capital. ❑ Direct Payment of State Sales and Use Taxes on Qualifying Items ❑ Employment Rev.9.15.07 Page 8 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application Berry Contracting, L.P. XII. BUSINESS TYPE Check all that apply ❑ Energy ❑ Basic Materials ❑ Capital Goods ❑ Transportation ❑ Consumer Cyclical • Services ® Manufacturing NAICS Code: 237120 ❑ Consumer / Non - Cyclical ❑ Healthcare ❑ Financial ❑ Technology ❑ Telecommunication Services ❑ Utilities SIC Code: 1629 Primary Product Produced: Fabricated steel modules and equipment for petrochemical applications. XIII. INDUSTRY CLUSTERS If applicable, identify the targeted industry cluster within which this project falls. ❑ Advanced Technologies and Manufacturing, including four sub - clusters: Nanotechnology and Materials; Micro - electromechanical Systems; Semiconductor Manufacturing; Automotive Manufacturing ❑ Aerospace, Aviation and Defense ❑ Biotechnology and Life Sciences, not including medical services ❑ Information and Computer Technology, including three sub - clusters: Communications Equipment; Computing Equipment and Semiconductors; Information Technology ® Petroleum Refining and Chemical Products ❑ Energy, including three sub - clusters: Oil and Gas Production; Power Generation and Transmission; Manufactured Energy Systems ❑ None Apply Xi:V. MARKET FOR PRODUCT OR ACTIVITY Regional National International Rev.9.15.07 ® Exporter (International) ❑ Non- Exporter Page 9 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application Berry Contracting, L.P. XV. EXISTING JOBS AT ALL TEXAS LOCATIONS City Friendswood Port Arthur Number of Jobs 300 5 Total Jobs, Other Texas Locations 305 (Attach additional pages behind this page as needed.) Rev.9.15.07 Page 10 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application Berry Contracting, L.P. XVI. PRIMARY BUSINESS REPRESENTATIVE First Name Edward A. Title Vice President Organization Berry Contracting LP Street Address 1414 Valero Way (formerly Corn Products Road) Mailing Address PO Box 9908 City Corpus Christi Phone Number 361 - 693 -2410 Email Address martin @bavltd.com Company Website www.bavltd.com Last Name Martin State TX Zip 78469 Fax Number 361 - 693 -2822 XVII. LOCAL BUSINESS REPRESENTATIVE • ualified Business Site First Name Edward A. Title Vice President Organization Berry Contracting LP Street Address Same. Mailing Address Same. Last Name Martin City State TX Zip Phone Number Fax Number Email Address Company Website XVIII. PROJECT DESCRIPTION Description of the project in the form of a letter addressed to the governing body liaison and the Bank on company letterhead signed by the primary business representative is attached (Tab 11) Rev.9.15.07 [ s Page 11 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application Berry Contracting, L.P. XIX. PROJECT CHARACTERISTICS Check all that apply ❑ New Jobs ❑ Retained Jobs (check only if for benefit) ❑ New Business / Start-up ❑ Relocation from Out -of -State ❑ Open New Location ❑ Expansion ❑ Consolidation ❑ Relocation within Texas ❑ Construct New Fadlity ❑ Expand Existing Fadlity ❑ Renovate Existing Fadlity ® Purchase Machinery & Equipment XX. PROJECTED DATES AND MILESTONES 90 -Day Window Begin Construction Construction Complete Purchase Machinery & Equipment Begin Hiring New Employees Begin Operations Fully Operational End Project Designation 10/14/2008 n/a 10/14/2008 10/14/2008 10/14/2008 3/03/2014 3/03/2014 Note: Any activity that occurred outside of the 90 -day window may not be captured for benefit. Even if a milestone began prior to the 90-day window, do not list any of the milestones above prior to the 90 -day window, nor include capital investment outside the 90 -day window following. Rev.9.15.07 Page 12 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application Berry Contracting, L.P. XXI. PROJECTED CAPITAL INVESTMENT Land Buildings Labor on Construction Machinery & Equipment Other Construction Costs Other Total $5,000,000.00 $5,000,000.00 Provide a detailed description of each category of capital investment for the proposed project or activity. (Attach additional pages behind this page as needed.) See Tab 11, Project Description. Over the next five years, we will make capital expenditures in excess of $5 million, but less than $150 million, to purchase cranes, equipment and machinery to bend pipes, roll steel, along with other required functions, which will allow to Berry Contracting LP to construct our products with greater cost efficiencies. XXII. EXISTING JOBS AT THE QUALIFIED BUSINESS SITE Attach a breakdown of types of existing jobs by six -digit Standard Occupational Code and /or title, and the salary range or hourly rate for each (Tab 12) Rev.9.15.07 Full -Time Jobs Part-lime Jobs Contract Jobs Total Jobs at the Qualified Business Site 730 730 Page 13 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application Berry Contracting, L.P. XXIII. NEW FULL -TIME JOBS TO BE CREATED Attach a breakdown of types of new jobs to be created by six -digit Standard Occupational Code and /or title, and the salary range or hourly rate for each (Tab 13) Total Number of New Full -Time Jobs to be Created Total Amount of Annual Payroll for New Jobs 0 $0.00 XXIV. JOBS TO BE RETAINED FOR BENEFIT Attach a breakdown of types of jobs to be retained for benefit by six -digit Standard Occupational Code and /or title, and the salary range or hourly rate for each (Tab 14) Total Number of Jobs to be Retained for Benefit 500 Total Amount of Annual Payroll for Retained Jobs $17 million Choose all that apply for which backup documentation is included ❑ Permanent employees will be permanently laid off (Chapter 2303.406(a)(4)(A)) ❑ Business will permanently close down (Chapter 2303.406(a)(4)(B)) ❑ Business will relocate out of Texas (Chapter 2303.406(a)(4)(C)) ❑ Business is able to employ individuals in accordance with Section 2303.402 (Chapter 2303.406(a)(4)(D)) ❑ Business facility has been legitimately destroyed or impaired due to fire, flood, tornado, hurricane, or any other natural disaster (Chapter 2303.406(a)(4)(E)) I have reviewed the request for the retained job benefit under the Texas Enterprise Zone Program, and verify that it meets the criteria outlined above, as required by statute. The backup documentation has been placed under Tab 14 of this application. Signature Date (Governing Body Liaison) Printed Name Angel Escobar Title City Manager Rev.9.15.07 Page 14 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application Berry Contracting, L.P. XXV. COMMITMENT TO THE COMMUNITY Outline the company's commitment to the community by specific redpient and dollar value of anticipated contribution(s) during the designation period. (Attach additional_ pages behind this page as needed.) Berry Contracting LP has been for years and continues to be a major contributor to the Nueces County Junior Livestock show, an opportunity for education for youth. In addition Berry Contracting LP is a major contributor to the Benefit for Children Program hosted by Valero and the Homeless programs hosted by NuStar. Berry Contracting LP annually contributes significant funds to the Corpus Christi Regional Economic Development Corporation, The Hispanic Chamber of Commerce and the Corpus Christi Chamber of Commerce. Berry Contracting LP is a major supporter of Halo Flight, the STARS scholarship program, and Texas A&M Corpus Christi. Berry Contracting LP also supports many other local charities. As a commitment if a recipient of this designation, Berry Contracting LP will commit to extend its Benefit for Children participation for the duration of its project designation. XXVI. ADDITIONAL PROJECT COMMITMENTS ❑ Yes ® No Commit to hire under - skilled, inexperienced, disadvantaged or displaced workers. ❑ Yes ® No Commit to hire minority workers. ❑ Yes ® No Commit to contract with minority-owned businesses. ❑ Yes ® No Commit to provide technical and vocational job training for enterprise zone residents or economically disadvantaged employees. ❑ Yes ® No Commit to provide child care for employees. ❑ Yes ❑ No Commit to work toward the prevention or reduction of juvenile criminal activity. ❑ Yes ❑ No Commit to make contributions to the well -being of the community ❑ Yes ® No Job training ❑ Yes ® No Donation of land for parks or other public purposes Rev.9.15.07 Page 15 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application Berry Contracting, L.P. XXVII. SOURCE OF FUNDING The project will be financed by (check all that apply) ® Internal Sources ❑ External Sources Explain (Attach additional pages behind this page as needed) ❑ Industrial Revenue Bonds Berry Contracting LP and the participating entities will provide the investment monies for the capital expenditures from internal sources. XXVIII. PROPERTY ACCESS Check the appropriate box below and provide a copy of the executed documents indicating property access (Tab 15) ❑ Lease Agreement ❑ Purchase Agreement ❑ Lease / Purchase Agreement ® Other Deed of Trust Rev.9.15.07 Page 16 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application Berry Contracting, L.P. XXIX. STATUS OF PERMITS ❑ Pending ❑ Current Z No Permits Required List any local, state or federal permits that are pending, along with the issuing agency and the expected date of receipt. Do not attach copies of permits. (Attach additional pages behind this page as needed.) Rev.9.15.07 Page 17 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application Berry Contracting, L.P. XXX. CONCURRENT DESIGNATION This application for enterprise project status constitutes a concurrent designation If yes, complete this section in its entirety and provide requested attachments ❑ Yes ® No Provide a brief explanation of the capital investment and new and /or retained jobs for each designation, delineating what capital investment and jobs will apply to which designation with timelines for all. (Attach additional pages behind this page as needed.) Breakdown of Concurrent Project Designations: Attach a breakdown of types of jobs for benefit by six -digit Standard Occupational Code and /or title, and the salary range or hourly rate for each designation (Tab 16) Baseline Jobs Number of Jobs at the 90 -Day Window Date for the First Project Designation Date Jobs* Date Approved Date Expires Certified Capital Investment New Jobs Jobs Retained TOTAL *Last certification. If no jobs have been certified, provide an explanation as to why not and when application for certification of jobs is expected to occur. Place the explanation behind this page. Rev.9.15.07 Page 18 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application Berry Contracting, L.P. XXXI. SELF - EVALUATION Nominating Jurisdiction for Qualified Business Site Citv of Corpus Christi County for Qualified Business Site Nueces Is the Qualified Business Site located in a Federally - Designated Zone? If yes, do not complete this section. ® Yes ❑ No Total Distress of the Area Score (max. 40 pts.) Total Local Effort Score (max. 25 pts.) Total Private Effort Score (max. 35 pts.) Points Awarded for State Priority (max. 10 pts.) TOTAL SCORE OF PROJECT (max. 100 pts.) Provide backup documentation for ALL areas for which points are taken (Tab 17) Distress of the Area (Qualified Business Site) (40 %) Poverty Level of Block Group under current statute ❑ 20.0% - 29.9% poverty (2000 decennial census) ❑ 30.0% - 39.9% poverty (2000 decennial census) ❑ 40.0% - 49.9% poverty (2000 decennial census) ❑ 50.0% poverty and above (2000 decennial census) Poverty Level of Zone approved prior to 9/1/03 ❑ 20.0% - 29.9% poverty (as shown on table from application) ❑ 30.0% - 39.9% poverty (as shown on table from application) ❑ 40.0% - 49.9% poverty (as shown on table from application) ❑ 50.0% poverty and above (as shown on table from application) Poverty Level of Distressed County ❑ 15.5% - 19.9% poverty (2000 decennial census) ❑ 20.0% - 29.9% poverty (2000 decennial census) ❑ 30.0% - 39.9% poverty (2000 decennial census) ❑ 40.0% - 49.9% poverty (2000 decennial census) ❑ 50.0% poverty and above (2000 decennial census) 4 pts 6 pts 8 pts 10 pts 4 pts 6 pts 8 pts 10 pts 2 pts 4 pts 6 pts 8 pts 10 pts Backup Attached ❑ Backup Attached ❑ Backup Attached ❑ Rev.9.15.07 Page 19 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application Berry Contracting, L.P. Poverty Level of Jurisdiction* Backup Attached ❑ ❑ 15.5% - 19.9% poverty (2000 decennial census) 1 pt ❑ 20.0% - 29.9% poverty (2000 decennial census) 2 pts ❑ 30.0% - 39.9% poverty (2000 decennial census) 3 pts ❑ 40.0% - 49.9% poverty (2000 decennial census) 4 pts ❑ 50.0% poverty and above (2000 decennial census) 5 pts Poverty Level of County Backup Attached ❑ ❑ 15.5% - 19.9% poverty (2000 decennial census) 1 pt ❑ 20.0% - 29.9% poverty (2000 decennial census) 2 pts ❑ 30.0% - 39.9% poverty (2000 decennial census) 3 pts ❑ 40.0% - 49.9% poverty (2000 decennial census) 4 pts ❑ 50.0% poverty and above (2000 decennial census) 5 pts Unemployment Level for County (most recent year) Backup Attached ❑ ❑ 5.0% - 9.9% unemployment 2 pts ❑ 10.0% - 14.9% unemployment 3 pts ❑ 15.0% - 19.9% unemployment 4 pts ❑ 20.0% and above unemployment 5 pts County Adult Population without High School Diploma or Equivalent ❑ 25.4% or above 5 pts Adversely Affected Defense Dependent Community (BRAC Impacted) ❑ Yes 5 pts State or Federally - Declared Disaster Area (within the past 24 months) ❑ Yes -- ❑ State ❑ Federal 5 pts _ Date Disaster Area Declared Population of Jurisdiction* is less than 50,000 (2000 decennial census) ❑ Yes 5 pts Jurisdiction Population Population of County is less than 50,000 (2000 decennial census) ❑ Yes 5 pts County Population Backup Attached ❑ Backup Attached ❑ Backup Attached ❑ Backup Attached ❑ Backup Attached ❑ Total Distress of the Area Score (max. 40 pts.) *If the nominating jurisdiction is a county, take points under both jurisdiction and county, if earned. Rev.9.15.07 Page 20 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application Berry Contracting, L.P. Local Effort (25 %) Based on the Nominating Ordinance or Order and the Location of the Qualified Business Site (must be listed specifically in the nominating ordinance or order) Check local incentives offered and record points earned up to the maximum of 25 points ❑ Local Sales Tax Refund 2 pts ❑ Tax Abatement 2 pts ❑ Tax Increment Financing 2 pts ❑ Freeport Exemption 2 pts ❑ Economic Development Sales Tax (4A) 2 pts ❑ Economic Development Sales Tax (4B) 2 pts Tax Deferrals, Tax Refunds or other Tax Incentives: ❑ 2pts ❑ 2 pts ❑ Zoning Changes / Variances 1 pt ❑ Building Code Exemptions 1 pt ❑ Impact / Inspection Fee Exemptions 2 pts ❑ Streamlined Permitting 1 pt ❑ Improved Police and /or Fire Protection 1 pt ❑ Community Crime Prevention Programs 1 pt ❑ Special Public Transportation Routes or Reduced Fares 1 pt ❑ Capital Improvements in Water and Sewer Facilities 1 pt ❑ Road Repair 1 pt ❑ Creation or Improvement of Parks 1 pt ❑ Low - Interest Loans for Housing Rehabilitation or New Construction 1 pt ❑ Transfer Abandoned Housing to Individuals or Community Groups 1 pt ❑ Low - Interest Loans for Business 2 pts ❑ Use of Surplus School Buildings for Incubators 1 pt ❑ Provision of Publicly Owned Land for Development Purposes 1 pt ❑ One -Stop Permitting, Problem Resolution Center or Ombudsmen 1 pt ❑ Promotion and Marketing Services 1 pt ❑ Job Training and Employment Services 1 pt ❑ Retraining Program 1 pt ❑ Literacy and Employment Skills Programs 1 pt ❑ Vocational Education 1 pt ❑ Customized Job Training 1 pt Total Local Effort Score (max. 25 pts.) Rev.9.15.07 �ff���f� (� Page 21 T Office of the Governor Economic Development and Tourism Texas Enterprise Project Application Berry Contracting, L.P. Private Effort (35 %) Industry Cluster (if applicable, choose only one) ❑ Advanced Technologies and Manufacturing 10 pts ❑ Aerospace, Aviation and Defense 10 pts ❑ Biotechnology and Life Sdences, not including 10 pts medical services ❑ Information and Computer Technology 10 pts ❑ Petroleum Refining and Chemical Products 10 pts ❑ Energy 10 pts ❑ Jobs are Primary Jobs as defined in the Dev. Corp. Act of 1979 Backup Attached ❑ 10 pts Backup Attached ❑ Employee Benefits Provided Backup Attached ❑ ❑ Medical — Company offers choice of medical and prescription drug plans including coverage for assodate and family Level or percent of company partidpation in the premium paid — for employee Level or percent of company partidpation in the premium paid — for employee's family ❑ Dental Plan ❑ Flexible Spending Accounts for healthcare or dependent care ❑ Life Insurance — Basic term life insurance is provided at company expense (additional coverage for both the employee and family is available at employee's expense) ❑ AD &D Insurance — Basic AD &D coverage is provided at company expense (additional coverage is available at employee's expense) ❑ 401K — Company offers plan for employee participation ❑ Company provides matches on a variable scale up to certain maximums ❑ Employee Stock Purchase Program — Voluntary savings program that provides opportunity to purchase company stock at discounted prices through payroll deductions 4 pts 2 pts 1 pt 1 pt _ 1 pt 1 pt 1 pt Subtotal of Employee Benefits (max. 10 points) Rev.9.15.07 Page 22 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application Berry Contracting, L.P. Capital Investment (choose applicable range) ❑ $40,000 to $399,999 0 pts ❑ $400,000 to $999,999 1 pt ❑ $1,000,000 to $4,999,999 2 pts ❑ $5,000,000 to $149,999,999 3 pts ❑ $150,000,000 to $249,999,999 4 pts ❑ $250,000,000 and Above 5 pts Number of Jobs for Benefit (choose applicable category and range) ❑ 10 to 49 new jobs for benefit ❑ 50 to 99 new jobs for benefit ❑ 100 to 199 new jobs for benefit ❑ 200 to 299 new jobs for benefit ❑ 300 to 399 new jobs for benefit ❑ 400 to 499 new jobs for benefit ❑ 500 and Above new jobs for benefit - -OR -- ❑ 10 to 99 retained or new & retained jobs for benefit ❑ 100 to 199 retained or new & retained jobs for benefit ❑ 200 to 299 retained or new & retained jobs for benefit ❑ 300 to 399 retained or new & retained jobs for benefit ❑ 400 to 499 retained or new & retained jobs for benefit ❑ 500 and Above retained or new & retained jobs for benefit 1 pt 2 pts 4 pts 5 pts 6 pts 8 pts 10 pts 0 pts 1 pt 2 pts 3 pts 4 pts 5 pts Additional Commitments ❑ Hire Under - Skilled, Inexperienced, Disadvantaged or 1 pt Displaced Workers Who Reside in an Enterprise Zone ❑ Hire Minority Workers 1 pt ❑ Contract with Minority -Owned Businesses 1 pt ❑ Provide Technical /Vocational Training for Enterprise Zone 1 pt Residents and Economically Disadvantaged Employees ❑ Provide Child Care for Employees 1 pt ❑ Develop Juvenile Crime Prevention Program 1 pt ❑ Provide Job Training 1 pt ❑ Donate Land for Parks or other Public Purpose 1 pt Subtotal of Additional Commitments (max. 5 points) Rev.9.15.07 Page 23 Tis Office of the Governor Economic Development and Tourism Texas Enterprise Project Application Berry Contracting, L.P. Average Job Wage Level Compared to County Average Weekly Wage (AWW) Backup Attached ❑ ❑ Attached County Average Weekly Wage backup for County for _ (year) First Quarter Second Quarter Third Quarter Fourth Quarter TOTAL _ 4 = County AWW 110% of County AWW 120% of County AWW (County AWW) Calculate the average weekly wage in the formula below including only the new and /or retained jobs represented in this application for state benefit. _ - 52 = Total Annual Payroll # of Jobs Avg. Annualized Wage AWW Choose One ❑ AWW < AWW for County ❑ AWW ? AWW for County ❑ AWW >_ 110% of AWW for County ❑ AWW >_ 120% of AWW for County 0 pts 1 pt 3 pts 5 pts Total Private Effort Score (max. 35 pts.) For Office Use Only ❑ State - Priority Project Up to 10 pts _ Rev.9.15.07 Page 24 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application Berry Contracting, L.P. XXXII. CERTIFICATION OF APPLICATION Governing Body Liaison First Name Angel Title City Manager Organization City of Corpus Christi Street Address 1201 Leopard Street Mailing Address Same. City Corpus Christi Phone Number 361 - 880 -3220 Email Address AngelE(acctexas.com Community Website www.cctexas.com Last Name Escobar State TX Zip 78401 Fax Number 361- 880 -3845 To the best of my knowledge and belief, the information contained in this Enterprise Project Application is true and correct and I have read the Texas Enterprise Zone Act and the Enterprise Zone Program Rules and am familiar with the provisions contained therein, as evidenced by my signature below. Signature Date (Governing Body Liaison) Printed Name Angel Escobar Title City Manager GIVEN under my hand and seal of office this day of (Notary Seal) Notary Public, State of Texas My commission expires Rev.9.15.07 Page 25 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application Berry Contracting, L.P. XXXIII. • UALIFIED BUSINESS CERTIFICATION AND AGREEMENT The nominated Enterprise Project hereby certifies and agrees that it: 1. is located in, or has committed to locate in Corms Christi , Texas, in Nueces County, Texas; and 1. will maintain separate payroll and tax records of the business activity conducted at the qualified business site, or other information as required by local and state government units; and 1. commits to participate in local efforts to achieve development and revitalization of the area; and 1. understands that before obtaining a state benefit, the qualified business must submit to the Bank a certified report of the actual number of jobs created and /or retained and the capital investment made; and 1. understands that to be a qualified business eligible for enterprise project designation, twenty-five percent (25 %) of the new or additional employees hired must be residents of an enterprise zone or economically disadvantaged persons if the qualified business site is located in an enterprise zone, or thirty-five percent (35 %) if the qualified business site is located outside of an enterprise zone, and 2. commits that 25 percent of its new employees will be residents of an enterprise zone or economically disadvantaged persons; and 2. understands that the project must maintain the level of employment and the jobs for which a refund has been received to the end of the designation period or for at least three (3) years from the date of refund of state sales and use taxes, whichever is later, or it may become liable for recapture of refunded taxes and interest by the Texas Comptroller of Public Accounts (Comptroller); and 2. will report to the Comptroller the status and effectiveness of designation; and 2. certifies that the project, or a branch, division, or department of the business, does not and will not knowingly employ an undocumented worker; and 2. understands that the state sales and use tax refund is subject to approval by the Comptroller and the requirements of the Tax Code and applicable Administrative Rules — specifically Section 151.429 of the Tax Code and Title 34 Texas Administrative Code, Section 3.329. Construction contracts must be "separated" (i.e. contract in which the agreed contract price is divided into a separately stated agreed contract price for incorporated materials and a separately stated agreed contract price for skill and labor) and not "lump -sum" in order to claim a refund of state sales tax. This certification and agreement is effective from the date of designation through the date of expiration as an enterprise project. To the best information and belief, the information contained in this Enterprise Project Application is true and correct and I, as primary business representative, and I, as the local business liaison, have read the Texas Enterprise Zone Program Act and the Enterprise Zone Program Rules and we are familiar with the provisions contained therein as evidenced by the signatures below. Signed Signed (Primary Business Representative) (Local Business Liaison) Printed Name Edward A. Martin Printed Name Edward A. Martin Title Vice President Title Vice President Date Date Rev.9.15.07 Page 26 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application Berry Contracting, L.P. XXXIV. PARTICIPATING CONSULTANT FORM Complete the following information for each consultant involved with this project (Attach copy of the Power of Attorney, if applicable — Tab 18) First Name Karin Title Principal Organization Intelligent. Incentives. Street Address 1343 Spyglass Drive Mailing Address Same. Last Name Richmond City Austin State TX Zip 78746 Phone Number 512- 970 -4004 Fax Number 512- 327 -1814 Mobile Number Website www.intelligent.incentives.com Email Address karinrichmond(aaustin.rr.com ® Application Preparer ❑ Other Representing Berry Contracting, L.P. Brief Description of Consultant's Role with Application Prepared application. I confirm that the above -named consultant has been retained to participate in this application process as outlined above. Signature Date (Authorizing Participant) Printed Name Edward A. Martin Title Vice President To the best of my knowledge and belief, the information contained in this Enterprise Project Application is true and correct. Signature Date (Participating Consultant) Printed Name Karin Richmond Title Principal Rev.9.15.07 Xmas Page 27 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application Berry Contracting, L.P. APPLICATION FEE MEMORANDUM TO: Office of the Governor Attn: Financial Services Post Office Box 12878 Austin, Texas 78711 Please send a copy of this form along with a copy of the attached Non - Refundable Application Fee to Economic Development and Tourism Division, Attn: Enterprise Zone Program Staff for the 03/03/09 Enterprise Project Round submitted by City of Corpus Christi on behalf of Berry Contracting, L.P.. The fee must be received by the Office of the Governor by 5:00 p.m. on 3/3/09. ® $750 for an Enterprise Project ❑ $1,500 for a Double Jumbo Enterprise Project ❑ $2,250 for a Triple Jumbo Enterprise Project If you have questions regarding this submission, please contact: First Name Title Organization Street Address Mailing Address City Phone Number Email Address Edward A. Last Name Martin Vice President Berry Contracting, L.P. 1414 Valero Wav PO Box 9908 Corpus Christi State TX Zip 78469 361 - 693 -2410 Fax Number 361- 693 -2822 martine @bavltd.com Rev.9.15.07 Page 28 Page 1 of 3 RESOLUTION NOMINATING BERRY CONTRACTING, LP, TO THE OFFICE OF THE GOVERNOR ECONOMIC DEVELOPMENT & TOURISM, THROUGH THE ECONOMIC DEVELOPMENT BANK, FOR DESIGNATION AS A SINGLE RETAINED JOB ENTERPRISE PROJECT, UNDER THE TEXAS ENTERPRISE ZONE PROGRAM UNDER THE TEXAS ENTERPRISE ZONE ACT, CHAPTER 2303, TEXAS GOVERNMENT CODE WHEREAS, the City of Corpus Christi ( "City "), on October 14, 2003, passed Ordinance No. 025513 electing to participate in the Texas Enterprise Zone Program, and the local incentives offered under this resolution are the same, on this date, as were outlined in Ordinance No. 025513; WHEREAS, the Office of the Governor Economic Development and Tourism ( "EDT ") through the Economic Development Bank ( "Bank ") will consider Berry Contracting, LP, ( "Berry Contracting ") as an enterprise project under a nomination and an application made by the City; WHEREAS, the City desires to create the proper economic and social environment in order to induce the investment of private resources in productive business enterprises within the City, and to provide employment to residents of enterprise zones and to other economically disadvantaged individuals; WHEREAS, under Subchapter F of the Texas Enterprise Zone Act (Chapter 2303, Texas Government Code ["Act"]), Berry Contracting has applied to the City for designation as an enterprise project; and WHEREAS, the City finds that Berry Contracting, located at 1414 Valero Way, Corpus Christi, Texas, meets the criteria for designation as an enterprise project under Subchapter F of the Act on the following grounds: 1. Berry Contracting is a "qualified business," under Section 2303.402 of the Act, since it will be engaged in the active conduct of a trade or business, at a qualified business site located within the City's jurisdiction, is located inside of an enterprise zone, and at least twenty -five percent (25.0 %) of the business' new employees will be residents of an enterprise zone or economically disadvantaged individuals; 2. Berry Contracting is located in an Enterprise Zone, which is also an area designated by the Federal Government as a Renewal Community (Section 2303.101(2) of the Act) and in Census Tract 50, Block Group 1, as defined by the most recent Federal decennial census available at the time of designation, in which at least 20 percent of the residents of the block group have an income at or below 100 percent of the federal poverty level (Section 2303.101(1) of the Act); Berry Contracting Enterprise Project Nomination Resolotto/24361_12009 Page 2 of 3 3. There has been and will continue to be a high level of cooperation between public, private, and neighborhood entities within the area; and 4. The designation of Berry Contracting as an enterprise project will contribute significantly to the achievement of the plans of the City for development and revitalization of the area; WHEREAS, the City finds that Berry Contracting meets the criteria for tax relief and other incentives adopted by the City and nominates Berry Contracting as a single retained job enterprise project on the grounds that it will be located at a qualified business site and will retain its existing level of employment, economic activity, and stability; and WHEREAS, the City finds that it is in the best interest of the City to nominate Berry Contracting as a single retained job enterprise project pursuant to the Act; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the findings of the City Council and its actions approving this resolution taken at the City Council meeting held on February 24, 2009, are approved and adopted. SECTION 2. That Berry Contracting is a "qualified business," as defined in Section 2303.402 of the Act, and meets the criteria for designation as a single retained job enterprise project under Subchapter F of the Act. SECTION 3. That the enterprise project shall take effect on the date of designation of the enterprise project by the agency and terminate on March 3, 2014. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED as to form: February 13, 2009 R. ,jay Rpihing First Assistant City Attorney For City Attorney Henry Garrett Mayor Berry Contracting Enterprise Project Nomination Resolutioa2Q712009 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 Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon Berry Contracting Enterprise Project Nomination Resolutio24I1]2009 15 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: February 24, 2009 AGENDA ITEM: Governing City elections in 2009, including appointment and compensation of election officials, voting systems, central counting station. ISSUE: The attached ordinance establishes various functions and duties for the April 4, 2009 City of Corpus Christi General Election and other City elections that may be scheduled in 2009 as required by the Texas Election Code. These functions include the appointment and compensation of election officials, voting systems, and designating the Nueces County Courthouse as the sole central counting station for the tabulation of the early vote. REQUIRE COUNCIL ACTION: Staff recommends approval of this ordinance. Attachment: Ordinance Armando Chapa City Secretary —251— ORDINANCE GOVERNING CITY ELECTIONS IN 2009, INCLUDING APPOINTMENT AND COMPENSATION OF ELECTION OFFICIALS, VOTING SYSTEMS, AND CENTRAL COUNTING STATION; AND DECLARING AN EMERGENCY. WHEREAS, regular City Council elections are scheduled for April 2009 and other City elections may be scheduled at other times in 2009; and WHEREAS, such elections must be conducted efficiently and in accordance with the Texas Election Code; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. This ordinance governs all City of Corpus Christi elections during the calendar year 2009. SECTION 2. The Presiding Judges and Alternate Judges specified in the attached and incorporated Exhibit A are appointed pursuant to Texas Election Code, Section 32.005. Each Presiding Judge shall appoint not less than two nor more than five election clerks (with any additional clerks appointed only upon the approval of the City Secretary), one of whom must be the Precinct's Alternate Presiding Judge, pursuant to Texas Election Code, Sections 32.031, 32.032 and 32.033. The City Secretary is authorized in the event of an emergency preventing any of the designated Presiding Judges and Alternate Presiding Judges from being utilized to provide for suitable replacements. SECTION 3. Arturo Chavarria is appointed Presiding Judge of the Early Voting Ballot Board pursuant to Texas Election Code, Section 87.002, and Presiding Judge of the Central Counting Station pursuant to Texas Election Code, Section 127.005. SECTION 4. Armando Chapa, City Secretary is appointed Manager of the Central Counting Station pursuant to Texas Election Code, Section 127.002. SECTION 5. Diana Medina, Nueces County, Deputy County Clerk is appointed Tabulation Supervisor of the Central Counting Station pursuant to Texas Election Code, Section 127.003. SECTION 6. Rochelle Limon, Nueces County Elections and Archives Manager is appointed Assistant to the Tabulation Supervisor pursuant to Texas Election Code, Section 127.004. —252— SECTION 7. City Secretary Armando Chapa is appointed the authority who is responsible for the conduct of City elections including training and is directed to make all necessary arrangements to lawfully conduct elections. SECTION 8. Compensation for persons appointed in or pursuant to this Ordinance is: a. Appointments under Sections 2 and 3: Each Presiding Judge and Alternate Presiding Judge must be compensated at $7.50 per hour for services rendered; election clerks who are not City employees must be compensated at $7.50 per hour for services rendered, subject to Texas Election Code, Section 32.091; $25.00 must be paid to election judge or clerk for delivering precinct election records, judge booth controller, or other election equipment, and unused election supplies after the election pursuant to Texas Election Code, Section 32.092; Presiding Judges, Alternate Judges, early voting clerks and deputy voting clerks will be compensated for attending the required training program at a rate not to exceed $7.50 an hour, pursuant to Texas Election Code, Section 32.112. Overtime must be paid as per Fair Labor Standards Act. b. Appointments under Section 4 and 7: No additional compensation to City salary. c. Appointments under Section 5 and 6: No additional compensation to Nueces County salaries. These services are part of services furnished by Nueces County. d. No additional compensation to City employee salary. Overtime must be paid as per the City Compensation and Classification Policy and the Fair Labor Standards Act. SECTION 9. The electronic voting system approved by the Secretary of State and the United States Department of Justice for Nueces County is adopted for early voting and election day voting. SECTION 10. The Nueces County Courthouse is designated as the sole Central Counting Station for early vote tabulation. SECTION 11. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it may not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is definite intent of the City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 12. 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 —253— 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 take effect upon first reading as an emergency measure this the _ day of February, 2009. ATTEST: Armando Chapa City Secretary APPROVED: Dated this the //PK Mary " Kl Fis` City [tSrney THE CITY OF CORPUS CHRISTI Henry Garrett Mayor day of February, 2009 —254— Corpus Christi, Texas day of February, 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 City of Corpus Christi Council Members The above ordinance was passed by the following vote: Melody Cooper Larry Elizondo Henry Garrett Mike Hummel) Bill Kelly Priscilla Leal John E. Marez Nelda Martinez Michael McCutchon —255— CITY OF CORPUS CHRISTI GENERAL ELECTION ELECTION DAY JUDGES AND ALTERNATES Precinct Judge 1 Sharon Pope 2 Don Grainger 3 Robert Andreas 4 Audelia Longoria 5 Kara Rose 6 Douglas Bynum 7 Trina Garcia 8 Barbara Behr 9 Anita Cates 15 Sherry Kosarek 16 Dian Hodge 17 Maria Gonzalez 18 Linda Cribley 19 Minerva Leal 20 Esmeralda Martinez 21 Ruth Lance 24 Rudy Martinez 26 & 16 Sam Dalton 28 Josie Lozano 29 Joseph Alley 30 Jerrilyn Moore 32 Cameron Fox —256— Alternate Judge Suzanne Cramer Peggy Miller Thomasita Oliveras Dan Yarborough Gloria Young Barbara Sellers Angelicia Garcia Glenda Hudgens Peggy Bickham Mildred Kosarek Alice Rodriguez Charmine Pena To Be Determined Alva Turincio Yvonne Martinez Phyllis Thedford Rosemarie G. Martinez Shana Williams Hortencia Cisneros Richard Alonzo To be Determined Ruth E. Fox EXHIBIT A Precinct Judge 33 Lodia Sally Villegas 34 Yolanda Landin 38 Betty Thomas 39 & 31 Delia Salazar 40 Maybeth Christensen 41 Jesse Hix 43 & 83 Mercedes Flores 44 Carmen Duron 45 & 46 Belia Alaniz 47 Delia Garcia 48 Glenn Ellen Dreggors 49 & 111 Larry Bell 50 & 59 Irma Guerra 51 Eddie Ginn 53 Andres Rodriguez 56 Ken Gandy 57 Alicia Garcia 58 Kay Lund Fisher 60 'Lydia Guartuche 62 & 85 Frances Powell 63/42/86 Antonia Mercado 64 Mody Boatright 65 Gerald Cheetham 66 Jimmy Ross —257— Alternate Judge Maria Lira Norine Bersen Bruce Switaila Gloria Perez Tom Criser Berta Mireles Estella Mercado Hector Tovar Jesus Alaniz Ernestina Garza Betty Noster Albert Ayarzagoritia Mary Morin Mable Ginn Ida Gl. Worden Juanita L. Arriaga Reynaldo Garcia Judy Telge Anastacio Guartuche Angie Estrada Mary Christmas Frances A. Boatright James Tansey Jane Ross Precinct Judge 67 Linda Barriger 68 Linda Rodela 69 Rene Guzman 70 & 89 Joan Veith 71 & 95 Viola Van Houten 72 Jovita Rossy 73 Virginia Torres 74 Margaret Palacios 75 Rosemary Martinez 76 Robert Bettiga 77 & 61 Valinda Mendez 78 Yolanda Pantoja 79 & 52 John Luna 80 Yolanda Flores 81 Carolyn Dorsey 82 Bryan McCool 84 Carolyn Jensen 87 Felita Allred 90 Reynaldo Ramos 91 Patricia E. Clark 92 Carolyn Sue Yaklin 93 Amelia Campos 94 Eulogia De La Cruz —258— Alternate Judge Karen Murphey Sylvia Hinojosa Totsy Armadillo Mary Pizzini Adela Soto Marge Flora Lisa Ann Torres Olga Gonzales Laura Duran - Castillo Philip Hudson Val Salinas Isabel Soto Amada Luna Melanie Flores To Be Determined Max D. Maugham Rudy Escamilla David Middour To Be Determined George Clower Bonnie Johnson Gil Casillas Emilie J. Olivares Precinct Judge 96 Gayle Wayland 97 Carlos Valdez 98 Atilano Castro 99 Linda Cavazos 100 Charlotte Knesek 101 Aubrey Bryan 103 Sabrina Winchester 106 Paul Eubanks 107 & 23 James Covington 109 Barbara Dunk 110 Janie Pena 112 Wilma Raub 113 Arlena Pullam 114 Alma Lee Harris 115 & 88 Liane Lorenz 116 Ruth Brionez 117 Pamela Allen 118 Yolanda Romo 119 Joyce Zarsky 120 William Payne 121 Maria Silva 122 Nancy Hemphill 123 Douglas K.Thomas 124 Vivian Towry -259- Alternate Judge Dot Parkos Minnie Rodriguez Baldo Rodriguez Yolanda Carpenter Rudy Aleman Beatrice Bryan Frances Rocha Ruben Garza Patricia Covington Leroy Dunk Sandra Davis Olga M. Bell Beverly Williams Gertrude Hubbard Susan Thieme Dolores Gillece Glenda Turner To Be Determined To Be Determined Jerry Wade Maria M. Garcia Edward Carr To Be Determined Dean SantaMoor Precinct Judge Alternate Judge 125 Pat Beseda Irene Smith 126 Karen Frazier Adrian Rodriguez —260— 16 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: February 17. 2009 AGENDA ITEM: a.) Public hearing to consider amending Section 33- 1.02.06 (b) (1), Corpus Christi Zoning Ordinance to allow non - illuminated sandwich board signs orA -Frame Signs on the sidewalks of zero-lot line building in the Six Points area. b.) Ordinance amending Section 33- 1.02.06 (b) (1), Corpus Christi Zoning Ordinance to allow non - illuminated sandwich board signs or A -Frame Signs on the sidewalks of zero-lot line building in the Six Points area; amending conflicting provisions of the city's comprehensive plan; repealing conflicting ordinances; providing for severance; providing for penalties; and providing for publication. ISSUE: In July 2008, the City of Corpus Christi received requests from Six Points Neighborhood Association and proprietors to allow the placement of A -Frame signs in the public right -of -way areas to provide opportunities for store -front advertisement. The conditions in the Six Points area are unique in the City of Corpus Christi, in that many of the buildings are constructed to the lot line, leaving no setback from the public right -of -way. This unique condition in the Six Points area makes store -front advertising difficult for the area proprietors within the identified boundary area (see boundary map attached). Currently, the City's Code of Ordinance Chapter 59 `Zoning, Article 33 "Supplemental Sign Regulations, Section 33- 1.02.06 "Exempt Signs" regulates the placement of any "obstruction" in the public right -of -way without authorized exemption. To address this unique Six Points issue, city staff members from Neighborhood Services, Development Services, Traffic Engineering, and Legal Departments reviewed the relative current ordinance and developed an "Exempt Signs" provision to the Zoning Ordinance to provide an exemption from regulations for certain A -Frame Signs in the designated Six Points area. The exemption also maintains the public accessibility requirements as regulated by the Americans with Disabilities Act. This exemption is similar to that of the exemption provided for the Corpus Christi Downtown area in May 2007. The drafted sign exemption was presented to a group of members from the Six Points Neighborhood Association for their review and feedback at a public meeting with City staff representatives from Neighborhood Services, Legal, Engineering Services, and Development Services. The Association members in attendance gave their general support for this proposed amendment. The members also agreed that this exemption would provide an opportunity for promotion of their new and existing businesses in this unique area. The resulting recommended "Exempt Sign" provision provides for the use of non - illuminated sandwich board signs or A -Frame signs at appropriate locations and under appropriate conditions which reasonably accommodates the needs for proprietors to advertise. -263- Other zoning and code regulation issues in the Six Points area will continue to be examined by City staff. City staff will also continue to provide information and direction to the Six Points Neighborhood Association regarding various codes and zoning issues that may pose challenges in relation to store- front promotional displays and other forms of advertisement. REQUESTED CITY COUNCIL ACTION: Approval of Planning Commission and staff recommendation of proposed amendment of Chapter 59, Section 33- 1.02.06 u Exempt Signs" of the Code of Ordinances, City of Corpus Christi to provide exemption from regulation for certain A -Frame Signs in the Six Points area. PLANNING COMMISSION RECOMMENDATION (02/04/09): Approval of city staffs recommendation. STAFF RECOMMENDATION: Staff recommends approval of the proposed amendments to provide an exemption from regulation for certain A -Frame Signs in the Six Points area. Respectfully Submitted by: Iiii o ryce Go 4. e-Macon ire or Ass ghborhood Services Department Development Services /Planning Attachments: 1) Planning Commission Minutes (02/04/09) 2) Street Map Exhibit 3) Ordinance —264— Page 1 of 5 AN ORDINANCE REVISING SECTION 33- 1.02.06(b)(1), CORPUS CHRISTI ZONING ORDINANCE TO ALLOW NON - ILLUMINATED SANDWICH BOARD SIGNS OR A -FRAME SIGNS ON THE SIDEWALKS OF ZERO -LOT LINE BUILDINGS IN THE SIX POINTS AREA; AMENDING CONFLICTING PROVISIONS OF THE CITY'S COMPREHENSIVE PLAN; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERENCE; PROVIDING FOR PENALTIES; AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the amendment of the Corpus Christi Zoning Ordinance; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, February 4, 2009, during a meeting of the Planning Commission, and on Tuesday, February 17, 2009, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 33- 1.02.06(b)(1), Corpus Christi Zoning Ordinance, is revised to read as follows: "33- 1.02.06 Exempt Signs — * * * * * "(b) Non - illuminated sandwich board signs or A -frame signs conditioned as follows: "(1) Located in one of the following areas: "(A) The area bounded by Shoreline Drive, Park Street, Tancahua Street, Highway 181, Mesquite Street and Fitzgerald Street. "(B) The area bounded by a line drawn along the northern edge of the Booty Street right -of -way between the northeastern corner at the intersection of Booty Street and South Staples Street and the northeastern corner at the intersection of Booty Street and South Alameda Street, 6 Point A Frame Signs -- 01142009_1.doc —275— Page 2 of 5 thence along the northern edge of the McKenzie Street right - of -way to the northwestern corner at the intersection of Brownlee Boulevard and McKenzie Street, thence along the western edge of the Brownlee Boulevard right -of -way to the southwestern corner at the intersection of Brownlee Boulevard and South Staples Street at Cole Street, thence along the eastern edge of the South Staples Street right -of- way to the southeastern corner at the intersection of South Staples Street and Clifford Street, thence along the southern edge of the Clifford Street right -of -way to the corner at the intersection of Clifford Street and South Alameda Street, thence along the eastern edge of the South Alameda Street right -of -way to the eastern corner at the intersection of South Alameda Street and South Staples Street, thence along the eastern edge of the South Street Street right -of -way to the beginning corner. Exhibit 33 -1 is a map of the boundary of the 6 Points A -Frame Sign Area. SECTION 2. Article 33, Corpus Christi Zoning Ordinance is amended by adding Exhibit 33 -1 to read as follows: 6 Point A Frame Signs — 01142009_1.doc —276— Page 3of5 ABM EXHIBIT • SUBJECT: I POINTS A -FRAME SIGN BOUFCARJ S - SITE RAN 7Mk BiglnrrIng DM. Belneft ID Strata Dart SECTION 3. That the Corpus Christi Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, as amended from 6 Point A Frame Signs -- 01142009_1.doc —277— Page 4 of 5 time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Corpus Christi Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Corpus Christi Zoning Ordinance, as amended by this ordinance. SECTION 5. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 6. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 7. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3, Corpus Christi Zoning Ordinance. SECTION 8. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. 6 Point A Frame Signs — 01142009_1.doc —278— That the foregoing ordi�, ce was r reading on this the 1' 1't+-- day of Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Page 5 of 5 for the first time and passed to its second , 2009, by the following vote: Priscilla G. Leal I _ 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 , 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: 6 �y day of January, 2009: R. Jay First ssis ant City orney For City Attorney 6 Point A Frame Signs -- 01142009_1.doc —279— Henry Garrett Mayor Proposed Zoning Text Amendment O) c a=+ N N 1) c O 0 0 February 17, 2009 ' ' Q ZQ 0 0w Fr OOZLLF- OJ0OZ owQ u) NZGW2 '-'.<=1- coESWZ co ZD0HC O Z Z Z_ Hzw00 Z � � J W W W Z D O�QC�m Cn W Z P Z W Z 0 W= -Ifrp o QOJIi_i L PURPOSE: (0 N c 0 co D 0 (0 C }; a) ca � L c , a3 CO CO O L_ _c C�04+ a)5 N c c U) E O En N 0 Q a) c IJ CO N CO 0 a3 0 CD :Ea n ) U) N a) co j -o c 0 w C0 co U) 013 a 14- U 0 }' O 2 O a) f O � N `~ Oa)ca -(0 O U) .13 0 V U) r O- +. O C73 IC a) m to (3 (3 1 U - > - }, N N N O W r.TIc a3 D 0 it a) Dmm oU c 0 c0 -0 N ca N Q O U) C O O m O N c co c O N UU) a) a) cn N U) a) o_ 0 N 0 O On O n c U) O N N U co En _a tlJs it'', Ilass)„,/, smorge rifir. somio 4 4 /A 40 i J,4 4,1 1 c - `It • ;,tik L)H L `t 'ACkit 1, r, : , : : ...._ • , • C .11' 7 --A . .:. '.......1 -■ .- .:. ! -.: r r F . .. , '1 \ .' .. V. ...., . .\,.\ ; ,.... L ' ..• 1, -,. •,.. ,.! gin L O 0) c 0) th D L co O U D c (o 0) D N (o c N E Q c) Z co A -Frame Signs Four (4) Feet Ta Atr-Artr fit "1 11 ta. ++ I. ft it ++t ttt+ f+ f^.1 +1 --*quw1111111 971 O O) E 'a O •D c LL _ N N c 13 N () O N _a ELI Q O O N -c cii N C CO 2 to 'a o) • _ c 0 t/) N D 0) c m �_ L D - t UO 0) E N 0) c/) E • L (a N -o N D ) O CO 2 E co (1) its most distant point; (o O O N a) U 0 0• c �coc Oj • X '� a L X . E 2 12 c (O ca '� I c ccao . 5 - O c3)� � � �'5CD 1 0 a3 COa) 7 o N7 co C _F2w a) ��a� a) U a3 Co a3a5o _a) a) c a) • — 0) ' cn a) D _ �� 2 a) u) +� cn (o 0 T (0 (o (o }' O Q L a) L O (� N U (E c L a) a) o) I— LL O O (n ID o CO �, 'a 971 .. •• .ax•x•Aa.• ..t•vmstttnitt::n.?"'" 971 kx 971 • 1 n hborhood Association Six Points Nei a O .y V a O 0 O O V 0 0 cn = N N N N = Q O1 co • � = 0 a c 0 0a) Eas cm • p > 0 1 O O1 (o N (0 . i-5 L N a O E N LO 0 • ) O .L 2 as (.0 W as O Q = 0 N ) 4°) n O= Q o N o H n_0 O o O E City Staff Recommendation: }+ 4- CU) C C • o co Q a) 0 E Exa) co o Li w COQ U) a c 0 ED Q Q n -0 c CO > a.o c o ( 'p 0. a) op x_ o i- Cam• C/1 Z 0 in D 0 17 COUNCIL MEMORANDUM AGENDAITEM: Traditionally, the City Council has canceled the meeting that occurs during Spring Break week. This year, spring break will occur during the week beginning March 16`h. Since action was not taken during the last council retreat to formally cancel that meeting, we are at this time recommending cancellation of this meeting. Armando Chapa City Secretary —283— V CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: Ordinance amending section 18 -20, Code of Ordinances, City of Corpus Christi, relating to the fees charged for ambulance and emergency medical services; providing for severance; and providing for publication. ISSUE: The Fire Department is proposing fee increases for ambulance and emergency medical services. The last rate increase was implemented in 2004. The Corpus Christi EMS Division responds to over 32,000 requests for service per year with nine Advanced Support (ALS) Units strategically located throughout City. An analysis of current state wide rates was performed and determined that Corpus Christi is below median average in rate charges. The current state wide average for Advanced Life Support is $800.00. Corpus Christi currently charges $550.00. The rate increase will recover some of the escalating costs of proving the service and bring the Corpus Christi rate structure in -line with other services across the state. REQUIRED COUNCIL ACTION: Council approval. PREVIOUS COUNCIL ACTION: The last rate increase was implemented in 2004. CONCLUSION AND RECOMMENDATION: Staff recommends increasing fees for ambulance and emergency medical services. A ichard Hooks Chief Attachments: 1. Ordinance 2. State Wide EMS Rate Analysis 3. Power Point Presentation C: \Documents and Settings\RickR\My Documents\ Agenda Items \Agendas09+\Agenda Ambulance Fees.doc —287— AN ORDINANCE AMENDING SECTION 18 -20, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, RELATING TO THE FEES CHARGED FOR AMBULANCE AND EMERGENCY MEDICAL SERVICES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 18 -20 is revised to read as follows: Sec. 18-20. Ambulance rates. "Ambulance rates for emergency medical service shall be charged as follows: "(a) Rates. —288— SERVICE OR ITEM FEE PER SERVICE OR ITEM (1) $375.00 (-24 600:00 $800.00 EMS 911 base rate - Transport 669-08 (a) 37-7:00 (4) 1.61:00 (6) 4114:00 (6) 648:00 (7) 82:00 (8)W EMS 911 base rate — No transport 411:00 125.00 (a) 146.00 (10) 479.00 : :-,e - - - -. al Adenosine 50.00 f_41 Albuterol 5.00 Atro.ine 5.00 Lei Bandage / bandaging 9.00 —288— 2 a) Bedpan / urinal 2.00 L) Benadryl 5.00 Di Bite stick 2.00 (10) Blanket (disposable) 7.00 (11) Bum sheet 8.00 (12) Bag Valve Mask 20.00 (13) Capnography (Capnoline) 90.00 (14) Cervical collar 21.00 (15) Cold sack 3.00 (16) Collection bag / basin 2.00 (17) Combi / king - tube airway 90.00 (18) Defibrillation pads 40.00 (19) Dextrose 10.00 (20) Glucose test strip 2.00 (21) EKG, non 12 -lead 50.00 (22) EKG, 12 lead 100.00 (23) Endotracheal tube 15.00 (24) Endotracheal tube holder 5.00 (25) Epinephrine (1:1000) 5.00 (26) Epinephrine (1:10000) 9.00 (27) Glucose paste 5.00 (28) Head immobilizer 10.00 (29) Hot sack 2.00 (30) Intubation 75.00 (31) Intraosseous infusion 150.00 (32) Intravenous (IV) pad 15.00 (33) Intravenous (IV) infusion 35.00 (34) Introsine 10.00 (35) Lasix 10.00 (36) Lidocaine 2% 5.00 (37) Lidocaine drip 20.00 -289- 3 (38) Liquid acetaminophen 5.00 (39) Mo •hine 25.00 (40) Narcan 15.00 (41) Nebulizer mask 5.00 (42) Nitrosprav 5.00 (43) Normal Saline 1000 ml 20.00 (44) Normal Saline 500 ml 15.00 (45) Norma Saline 250 ml 10.00 (46) Normal Saline 100 ml 5.00 (47) Normodyne 10.00 (48) Obstetrical kit 12.00 (49) Oral airway 3.00 (50) Oxygen 35.00 (51) Oxygen mask 10.00 (52) Pitocin 5.00 (53) Pulse oximetry 50.00 (54) Sodium bicarbonate 15.00 (55) Solu -medrol 5.00 (56) Spinal immobilization 35.00 (57) Splint 30.00 (58) Suction 10.00 (59) Thiamine 7.00 (60) Valium 25.00 "(b) Supplementary charges: seetion. "(2)-Providing a mileage charge of nine deliars ($0.00) fifteen dollars ($15.00) per mile from patient pick -up point to the hospital. —290— 1 • - ' - 4 "(3) (2) Providing a fee for responding to a medical alarm which is a malfunction, no one at home, no one injured, sixty dollars ($60.00). "(1) (3) Providing a charge of one hundred twenty five dollars ($489:90) ($125.00) for emergency medical services provided to non - residents. "(5) (4) The city manager is authorized to establish charges, not to exceed the reasonable cost of providing the service, for other supplementary services such as providing standby equipment and crews at special events and attending training courses. "(6) (aProviding a charge of forty -five dollars ($45.00) for additional personnel when needed to provide patient care during transport. "(c) Review of charges. The Corpus Christi EMS ambulance service rates shall be reviewed as needed to determine the need for adjustments." SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. -291- That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2009, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummell Michael McCutchon Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of , 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: 5th day of January, 2009: risha Dang Assistant City Attorney For City Attorney -292- Henry Garrett Mayor 5 6002/6/1. :Paryud els0 < D C 3 auu uuN THIAMINE INO 3 )L2 - 3 C 2 SODIUM BICARBONATE SOLU- MEDROL PITOCIN PULSE OXIMETRY OXYGEN OXYGEN MASK UBS It I HIUAL KIT ORAL AIRWAY NORMAL SALINE 100 ML NORMODYNE NI1NORMAL SALINE 600 ML NORMAL SALINE 250 ML MUSPRAY NORMAL SALINE 1000 ML NANLAN NEBULIZER MASK LIQUID AUL I AMINOPHIN MORPHINE LIDOCAINE 2% LIDOCAINE DRIP r2 jD-3 3-2 xm , 2 INTRAVENOUS (IV) PAD INTRAVENOUS (IV) INFUSION IINTUBATION INTRAOSSEOUS (10) INFUSION 22 0 0 '.ti3 in0 IA 01 r EPI (1:10000) GLUCOSE PASTE ENDOTRACHEAL TUBE HOLDER EPI (1:1000) EKG, 1 2 LEAD ENDOTRACHEAL TUBE GLUCOSE TEST STRIP EKG MONITORING DEFIB PADS DEXTROSE COLLECTION BAG /BASIN COMBI-TUBE AIRWAY COLD PACK CAPNOGRAPHY CERV. COLLAR BURN SHEET BVM BEDPAN /URINAL BENAORYL m 2 Z ADENOSINE ALBUTEROL NON. RESIDENT FEE ADDITIONAL PERSONNEL MILEAGE NON TRANSPORT CHARGE DESCRIPTION ALS BASE RATE 35.00 100.00 45.00 9.00 411.00 t) O O 9.00 126.50 FORT WORTH 1185.00 O O o + + am Arlin ton 1100.59 N 01 00 43 , W + • A in O . ,I J A • - p O • • mna 0 0 0 000,4 J0 J 10 r . (I• 0 , J N ONNNN N00. 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U �� -, LL, 0 L CU L1 CU n C� :7) 0 111 n 117) ,r L1 11 AGENDA MEMORANDUM AGENDA ITEM: February 24, 2009 Motion approving the Sanitary Sewer Trunk Force Main and Lift Station Construction and Reimbursement Agreement submitted by The Preserve at Mustang Island, LLC, owner and developer of Tortuga Dunes Subdivision for the installation of Zahn Road Master Plan Lift Station with 8 -foot diameter wet well, 8,376 linear feet of a 4 -inch and 6 -inch PVC dual force main, and related appurtenances; at a cost not to exceed $2,457,890.25. ISSUE: The Preserve at Mustang Island, LLC, owner and developer of Tortuga Dunes Subdivision, will start the construction of Zahn Road Master Plan Lift Station with 8 -foot diameter wet well, 8,376 linear feet of a fl- inch and 6 -inch PVC dual force main, and related appurtenances once the City Council approves the Sanitary Sewer Trunk Force Main and Lift Station Construction and Reimbursement Agreement in accordance with the Platting Ordinance, Section V.B.6. The Sanitary Sewer Trunk System Trust Fund does not currently have a balance sufficient to fund the anticipated project cost. An ordinance for the appropriation of funds from the Sanitary Sewer Trunk System Trust fund will be presented to Council at such time that a fund balance adequate to cover project costs exists. RECOMMENDATION: Staff recommends approval of the motion as presented. Juan Perales,/Jr., P.E. Interim ACM of Development Services Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Background Information Final Plat Reimbursement Request and Project Layout Preliminary Cost Estimate/ Master Plan Lift Station No. 13 Equipment List Application for Sewerline Reimbursement Sanitary Sewer Trunk Force Main and Lift Station Construction and Reimbursement Agreement -307- AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The development and platting of Tortuga Dunes Subdivision as shown on the final plat attached (Exhibit B) requires the construction of Zahn Road Master Plan Lift Station and Force Main. The proposed Master Plan Lift Station will be constructed on Texas General Land Office property leased by the City of Corpus Christi, located east of State Highway 361, south of Zahn Road. The proposed 4 -inch and 6 -inch dual force main begins at the lift station and proceeds west approximately 2,000 linear feet along Zahn Road, then south approximately 4,300 linear feet along State Highway 361, and south approximately 2,076 along Park Road 22 and terminates at an existing manhole located on the west side of Park Road 22 (Exhibit C). The Zahn Road Master Plan Lift Station and Force Main are required by the City's Wastewater Collection System Master Plan, Whitecap WWTP Services Areas 7, 8, 9,10, 11, & 12, adopted November 14, 2006, by Ordinance No. 027078. The Developer will construct the Master Plan Lift Station per the adopted Wastewater Collection System Master Plan. The Master Plan Lift Station must include all of the items listed in Exhibit D, whether or not individually listed on the cost estimate. The developer submitted a Sanitary Sewer Trunk Force Main and Lift Station Construction and Reimbursement Agreement (Exhibit F) and supporting documentation in compliance with provisions of the Platting Ordinance. The total installation cost submitted by the developer for the installation of the lift station and fl- inch PVC force main is $2,457,890.25 (Exhibit E). Reimbursement may be invoiced on a monthly basis and is payable upon completion and acceptance of the lift station and force main work of each component with the actual reimbursement to be determined upon the availability of funds based on the actual construction costs and not to exceed $2,457,890.25. The Sanitary Sewer Trunk System Trust Fund does not currently have a balance sufficient to fund the anticipated project cost. An ordinance for the appropriation of funds from the Sanitary Sewer Trunk System Trust fund will be presented to Council at such time that a fund balance adequate to cover project costs exists. The approval of the Wastewater Reimbursement Agreement will secure The Preserve at Mustang Island, LLC, a place in queue for the orderly reimbursement of funds when available from the Sanitary Sewer Trunk System Trust Fund. Exhibit A Page 1 of 1 —308— Iitlllp!II!!!lttl 1111 lllt111111111111111111111111] mime' LIIIItlimil Tlimlllgll mui ujuIIIIIU JIlIu ItIIiiIiiIIIIIItl uhiIpp1 " pII1111PIu"'II I lIIlIIllllilllhujnip 811111 II!IIilmliumom HIIoI11IiIIl; immininowinwolimulow IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII! 1 THE PRESERVE AT MUSTANG ISLAND UNIT I MIM MINIM s 3Nn IQLV1d I NNaa N calk? 4 1;4114 ml S'qy- ten 11111111111 t e Eb i 111111111j111 I °� °i `° 1$ � I'11f11 1 °iiiaid 1all �11 °1�li'M g bi! 1 ii s�e,i 1i�!; dIlilililil i Hi:( i JII" Ril \ —, N� 1bi11,n 1i I °pl I° ii 11'11 X11 m� :l rem NSW I F r i 11111 yi iPr i 11 1111 �M1 d11j 011 I I��1 j _ �i 11111 1° IA # =�1!;1,111° 1111 i jj � { � 1 ij� �� �� :!;11 i I' 11 i � O Jii Ti# MflVE AT MUSTANG RIND UI�f 1 m �wruiww�w��wwwa� fi Nm g n- arlogot t §ins N �SY1 1 ;% 01. Y. —311— December 17, 2008 Nassmith Eng a neereng,Inc ENGINEERING .ENVIRONMENTAL .SURVEYING ESTABLISHED 1949 Dan McGinn, Project Manager Department of Development Services City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 Re: Sanitary Sewer Trust Fund Reimbursement Zahn Road Lift Station and Force Main, Corpus Christi, Texas Mr. McGinn: In association with the The Preserve at Mustang Island (Tortuga Dunes), the City has required the construction of a Sanitary Sewer Lift Station and Force Main in accordance with the Wastewater Collection System Master Plan for the Whitecap WWTP Service Area. A Design Memorandum has been approved by City staff and all necessary easements have been obtained from both private and public entities and construction drawings have been reviewed and approved. We have publicly bid the project and selected a contractor for construction. The layout of the lift station and force main are attached in Exhibit A. Section V.B.6. f) (3) of the Corpus Christi Platting Ordinance allows for Developers to install sanitary sewer trunk force main extensions and section V.B.6. f) (4) allows for Developers to instal] lift stations to meet the established design standards for ultimate development. The ordinance allows the developer to be repaid by either a credit against lot/acreage fees or reimbursed if the cost is greater than the fees. Therefore, since the fees were paid in full at time of platting, in accordance with the Developer's Agreement approved by the City Council on February 19, The Preserve at Mustang Island LLC is requesting full reimbursement of the project costs. The total project cost for this Lift Station and Force Main is $2,457,890.25 based upon actual bid prices and is included as Exhibit B. We request the reimbursement for this contract be placed upon the City Council's agenda for consideration and approval. If you have any questions or comments please feel free to contact me at (361) 883 -3903. Sincerely, NAISNIITH ENGINEERING, INC. Craig .Thom on, P.E. Project Engineer .X.0 els - Zane ROW S1Rea&&EMe1i11$EN6\T`0061SI7 ReiiTU„MM, Request., .' 4501 Goilihar Road. Corpus Christi, TX 78411 El 800-677-2831 361-814-9900 Fax 361 - 814.4401 a nalsmith- engineering.com —312— (Exhibit C 1 1 -:- —313— 'Exhibit C Contractor Estimate for Partial Payment EgiNaismith Engineering,7nc 4501 GoliTRar Road Corpus Christi. 11196411 3614144 100 PO 361414.4101 Title: Zahn Road Lift Station & Force Main NEI #: 7818 Date Award: Original Contract Amount: Total Change Order Amount: Adjusted Contract Amount: September 2, 2008 32,457,890.25 30.00 32,457,890.25 NEI Engineer: Craig B. Thompson, P.E. NEI Contact: Thomas Tiffin Estimate #: SAMPLE For Pay Period Thru: XX/XX/200X Date Contract Commenced: Original Contract Days: Change in Contract Days: Adjusted Contract Days: Date: Inspected By: 240 0 240 Working Days Working Days Working Days Owner: Contact: Address: Phone: The Preserve at Mustang Island, L.L.C. Barrett Allison 1300 S. Mopac Expressway Austin, Texas 78746 (5 l2) 422 - 2209 Contractor: Big State Excavation Contact: Gary Meurer Address: PO Box 260297 Corpus Christi, Texas 78410 Phone: (361) 537 - 5013 A. AMOUNT OF ORIGINAL CONTRACT ITEMS COMPLETED TO DATE: Lift station ITR \ISO. DESCRIPTION QUANTITY OMIT QUANTITY COdIPLCT! CONTRACT UNIT PRICE: TOT.N. COST 1 Stabilized Construction Entrance & Ex it 1 1 EA I 1 j 52,000.00 $2,000.00 2 Reinforced Filter Fabric Fence 333 LF j 333 j 32.00 3666.00 31,000.00 3960.00 33,000.00 3 Flay Bales 1 LS ! I f 51,000.00 0.32 j AC 0.32 ; $3,000.00 4 Site Clearing and Stripping 5 Site Grading I j LS 1 l 33,000.00 6 Lift Station and Appurtenances 1 1 LS I 1 S580,000.00 S580,000.00 7 Dewatering / Well Pointing for Lift Station and Appurtenances Installation Odor Control 1 LS 1 l i $50,000.00 i 1 j LS i 1 j $140,000.00 550,000.00 5140,000.00 8 9 8" Gravity Sanitary Sewer 110 1 LF 110 1 3140.00 $15,400.00 10 8" End Plug 2 L EA 1 2 i 3100.00 5200.00 311,200.00 3_0 000.00 , 11 12" Gravity Sanitary Sewer Sanilaty Sewer Fiberglass Manhole 5' Diameter Q 19' - 21' Depth 70 j LF 1 70 3160.00 ? 1 EA 1 $_0 1 ,000.00 12 13 Tie to Public Sanitary Sewer Manhole Stub Out 1 1 LS . I 32,500.00 52,500.00 14 Dcwatcring / Well Pointing for Sanitary Sewer Gravity Line Installation I LS 1 $1,000,00 1 i_ 200 1 t.F i 200 315.00 $1,000.00 S3,000.00 15 Trench Safety 16 PVC Pressure Pipe -4" 130 1 LF 1 130 ! 520.00 32,600.00 17 Dual Water Service Connection 1 1 EA 1 1 52,500.00x 52,500.00 18 Connection to Existing 8" Water Pipe 1 L LS I 52,500.00 52500.00 19 Crushed Limestone on Landscape Fabric - 6" 1 1 LS 1 j 310,000.00 $10.000.00 20 ' Reinforced Concrete Pavement - 5" 208 SY 208 5130.00 _ _527,040.00 21 Fl MAC Pavement Repair for Street Improvements 7 ! SY _ 7 j $275.001 51,925.00 22 Cantilever Gate with Card Reader 1 j LS 1 532,000.00 $32.000.00 23 Concrete Masonry Wall with Footing 197 LF 1 197 5500.00 $98,500.06 ,SCADA RTU Panel for Two Pump Lift Station w; 24 1Flow by Rabelais Instrument & Electrical I LS t 535,000.00 335,000.0C Constructors __. _.__... Page 1 of 3 -314- Exhibit D Title: Zahn Road Lift Station & Force Main NEI n: 7818 Estimate it: SAMPLE For Pay Period Thru: XX /XX/209X Force Main it-M NO. OF.SCRIvr10S QCi.rIry Off QI'd ?TITS' COMMIT r fONTR an [NIT I TOTAL COST PRICE 25 26 27 Reinforced filter Fabric L LF _ 4,605 I S ( 1 1 5_T .001 59,210.00 Straw Bale Fence (Force Main) 1 4" PVC A W WA [900 DR18 150p i Force Mmu 7,124 4" HDPE ISOpsi Force Main [ 1.400 $200.001 8200.00 M. f LF EA 7,124 1,400 $18.00L— 8128.232.0C S5.00L 87000.00 28 29 4" PVC A W WA C907 Class 150 Fittings 13 13 8400.001 55.200.00 30 4" Air Release Valve 3 EA 3 $4,000,001 812,000.00 31 6" PVC AWWAC900- DRIB- 150.siForce Main 7,124 LF 7,124 ! S21.00L 8149,604.00 t 89.001 $12,600.0C 32 G' HDPE- 150.si Force Main 1,400 LE 1,400 33 G' PVCAWWA C907 Class150 Fittings 13 G' Air Release Valve 1 3 EA EA 13 3 $450.00L 55,850.0[ 34 $4,000.00 812,000.00 35 Packery Channel Casing Connection 2 8" HDPE- 150psi Pipe "A" 1,400 EA LF 2 1,400 $5,000.00 516.00 $IO,000.00 $22,400.00 36 37 8" HOPE _ 150psi Pipe "B" 1,400 2" HDPE- ISOpsi Pipe "D" 1,400 Packery Channel Bundling 1 HMAC Pavement Repair for Street hnprovements: 69 Driveway Repair for Force Main 66 LF LF LS SY SY EA 1,400 1,400 1 69 66 27 516.00 $22,400.00 $2.00L S2 800.00 $200,000.00 8200,000.00 $100.00 86,900.00 5140.001 59,240.00 $150.0011"— 54,050.00 38 39 40 41 42 Force Main Markers 27 43 Connection to Existing Manhole - 1 Anti - Flotation Devices 1 LS LS 1 $2,700.00 52,700.00 1 $800.001 5800.00 44 41 Dewatering ! Well Pointing for Force Main I Installation L5 1 I 5500A01 8500.00 e Easement Acquisition ITEM SO. arsca rioN LQUANTITY UNIT QUANTITY COMPLETE cos rIt ['0.41 rime TOED. COST 42 'Texas General Land Office - Lilt Station 1 1 LS I 1 LS L 1 LS L 1 5105,050.00 S105,050.00 5125,050.00`— 8125,050.00 $150,000.001 $ 150,000.00 43 'Texas General Land Office - Force Main 1 1 44 Private Landowner - Force Main 1 1 Miscellaneous FIEM O. DESCRIPTION QG.tNTITI UNIT QUANTITY commere CONTRACT nt, crl,xrr PRICE TOTAL COS' 45 1AEP Electrical Requirements _ —,_ I _LS —� 1 _I $50,000.00: 850,000.00 Professional Services ''rem NO. DESCRIPTION %ANTrr\ UNIT OI:A \ -Iln COMPLETE CONTRACT LNI'r PRICE 10lA1. rnsr 46 1Engineertna! 7..5%0/Coo/ructionCos0 —_.— 1 _L__LS -100% 5125,000.78' 8l25,000.78 47 ITo Tooattic Survey r'.niso!f-oaslrhc: urcoal 1 LS ' 100% . 833,333.5 -1: 333,333.34 48 !Constnrction Administration 1 LS I 100% , 316,666,77! 816,666.77 49 ''Testing /Craechnicao 1 I_._.LS.__' 100% ' 516,666.77' 816,666.77 50 IStoim Water Pollution Prevention Plan tswPPPi 1 t LS ;100 %0 87,500,00! .87,500.00 51 1 ratlic Control Plan Orr) 1 l S 100% $5.000.00 $5,000.00 N2 �Cor Sp pf Engineers Permit 1 _ I A —__ 1 — 54,000 00. 58,000,0[ 53 1Bcachfront Construction Certiticate 1 i CA 1 54,000.00. S4,000.0( 54 :TWO f • Uilitv Permit 2 E.4 . 2 • S3.000011 56,000.01; 55 !Easement Ac uisition Administration t S 100 °b : S I 1.403.00. $11,403.0C 55 "ROW Survc inn+ Parcel Dcscri lions, 8 tsila I LS 100% SI0,50000 510,500.0C 1 roiect Conlmaencv 5% 100% SI 17,042.39 S 117,042.39 Paget of 3 True: Zahn Road Lift Station & Force Main N EI 4: 7818 Estimate #: SAMPLE For Pay Period Thru: XX/XX/200X SUMMARY OF WORK PERFORMED: riir U. f03f 13. AMOUNT OF CHANGE ORDER ITEMS COMPLETED TO DATE: 1101 SO. I '?" OE$RII• HON ^ Itr%N'n r� UNIT I OC%SION CON ritiC rl]R v rmmM ,w r COMPLEIE PRICE I � I 70 A Amount of Original Contract Items Completed to Date ANIOCFr Or PAVME.,cr An MOM/ I/ S2.457,890.25 D -- L $0.00 C Sub -Total rA +141 S2,457,890,25 • Leis: Amount Retained (Simian 00115, Agreement) I 0% $0.00 P, Materials Stored at Close of Period (Schedule Attached) - I F Net Amount Earned on Contract to Date le - 0 + El — AMOUNT OF CHANCE ORDER ITEMS COMI'LE TED TO DATE: no SUMMARY OF WORK PERFORMED: arnl NO. aESCRIVtlON PM'ESruIArE 90. 70 A Amount of Original Contract Items Completed to Date ANIOCFr Or PAVME.,cr An MOM/ I/ S2.457,890.25 D Amount of Change Order Items Completed to Date $0.00 C Sub -Total rA +141 S2,457,890,25 D Leis: Amount Retained (Simian 00115, Agreement) I 0% $0.00 P, Materials Stored at Close of Period (Schedule Attached) - $0.00 F Net Amount Earned on Contract to Date le - 0 + El — ------------- S2,457,890.25 0 Total Payments Previously Authorized 9 --- ._....__ _- ....- - - $000 ft BALANCE DUE THIS PAYMENT IF - GI 52,457,899.25 Page 3 or 3 -316- CONTRACT STATUS PM'ESruIArE 90. DESCRIPTION CONTRACT 0%VSCHARGEII }IONTII ANIOCFr Or PAVME.,cr An MOM/ I/ J 4 - G - -- -- — ------------- 9 --- ._....__ _- ....- - - -- _— _------- -• --. -- - - - -- Total Contract Days Charged 0 Total Authorized et Balance S(IAO S2,457,890.25 Contract Days Remaining 240 Contra Page 3 or 3 -316- APPLICATION FOR LIFT STATION and FORCE MAINS CONSTRUCTION AND REIMBURSEMENT AGREEMENT 1. the undersigned officer of the Manager of The Preserve at Mustang Island I.I.C, a Delaware limited liability company, owner and developer of the proposed The Preserve al Mustang Island, Unit 1° Subdivision, hereby request reimbursement of $2,457,890.25 for the installation of the liil station and two force mains in conjunction with "The Preserve at Mustang Island, Unit 1" Subdivision, as provided for by City Ordinance Igo. 17396. Said $2.457.89025 is the constant-bon cost, including engineering cost, as shown by the cost supporting documents attached herewith. The Preserve at Mustang Island, LLC By: Forestar (USA) Real Estate Group Inc., its sole Manager e \l 1 By: 1,C gal— 1/21(0`1 Darlene Louk, Vice President (Developer)_ 1 L (Date) i .tr 3r THE STATE OF TEXAS )( COUNTY OF TRAVIS )( Y2. This instrument was acknowledged before me on January 2.1 . 2009, By Darlene Louk. as Vice President of Forestar (USA) Real Estate Group Inc., as Manager of The Preserve at Mustang Island LLC, a limited liability company, on behalf of said Company. Notary' Public in and for the State of Texas C. RIDER„ , BRIAN Pfnrery PuMir.. Stale of Tr..ras Pl`.r `A• 'ray C unrnsaton Expires March 05, 2013 —317— Exhibit E CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) sufficiency of funds in the (Trunk Line) () Trust Fund, and (b) approval and appropriation by th City Council. e t Servic Developm Services Engineer —318— (Date) CONSTRUCTION AND REIMBURSEMENT AGREEMENT Tortuga Dunes /Zahn Road /Packery Channel Development Area Wastewater Lift Station and Force Main Improvements THE STATE OF TEXAS COUNTY OF NUECES This Construction and Reimbursement Agreement ( "Agreement ") is entered into between the City of Corpus Christi ( "City "), a Texas home -rule municipal corporation, P.O. Box 9277, Corpus Christi, Texas, 78469 -9277, and Forestar (USA) Real Estate Group Inc., a Delaware corporation duly authorized to do business in Texas ( "Developer"), whose headquarters is located at 6300 Bee Caves Road, Building Two, Suite 500, Austin, Texas 78746. WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat to develop a tract of land of approximately 33.53 acres called The Preserve at Mustang Island, Unit 1, along Zahn Road, as shown in the attached EXHIBIT 1; WHEREAS, the City's Whitecap WWTP Service Area Master Plan requires the construction of a lift station and dual force mains in order for the Packery Channel Development Area and The Preserve at Mustang Island, Unit 1, and adjacent areas in Whitecap WWTP Service Area 11 to have sanitary sewer service; WHEREAS, the provision of central wastewater service and additional area infrastructure improvements are necessary to timely advance the joint development goals of the Packery Channel Development Area, as intended by the City and the General Land Office of the State of Texas, and as enumerated in the Padre island Action Plan; WHEREAS, the lift station and dual force mains are not in place at this time, but these improvements are included in the City's Wastewater Treatment Plant Master Plan for the Whitecap WWTP Service Area, to provide City wastewater service to Service Areas 11 and 12; WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of the lift station and dual force mains; WHEREAS, under the Platting Ordinance, the Developer is eligible for full reimbursement of the Developer's costs incurred for the construction of the lift station and dual force mains on behalf of the City; WHEREAS, it is essential that the lift station and dual force mains be constructed in connection with The Preserve at Mustang Island, Unit 1, development for service to be provided upon completion of The Preserve at Mustang Island, Unit 1; and WHEREAS, it is to the best interest of the City and the Developer for the Zahn Road Lift Station and dual force mains be constructed in accordance with the City of Corpus Page 1 of 7 Trust Fund ReimbAgrment - Zahn Road LS FM rjr 12102008 (3).doc —319— Exhibit F 4A" Christi Ordinances as specified in the Wastewater Treatment Plant Master Plan for the Whitecap WWTP Service Area and within the Zahn Road Lift Station and Force Main Design Memorandum; NOW, THEREFORE, for and in consideration of the mutual covenants in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION The Developer shall construct the Zahn Road Lift Station and Dual Force Mains under the Design Memorandum as required for the Packery Channel Development Area, the Preserve at Mustang Island and for additional adjacent property in Service Areas 11 and 12, in compliance with the City's Platting Ordinance and under the plans and specifications approved by Development Services Engineer. 2. PLANS AND SPECIFICATIONS a. The Developer has contracted with a professional engineer, Naismith Engineering, Inc., who were acceptable to the City's Development Services Engineer, which firm has prepared and obtained the January 22, 2008 approval of the City's Development Services Engineer for the Zahn Road Lift Station and Force Main Design Memorandum; which firm has also prepared detailed plans and specifications for the Zahn Road Lift Station and Force Mains, with the following basic design parameters: (1) LIFT STATION: (a) Lift station structure designed for ultimate capacity of 0.6 MGD. (b) Pump installation and design will be based on the following phasing with Developer installing Phase 1 as part of this Agreement: (i) Phase 1 initial design Q = 121 GPM. (ii) Phase 2 add force main capacity Q =277 GPM (iii) Phase 3 add Svc. Area 12 flows Q =418 GPM or 0.6GPD. (2) DUAL SANITARY SEWER TRUNK FORCE MAINS: (a) Install 7,124 feet of 4" PVC and 1,400 feet of 4 "HDPE sanitary sewer force main line and appurtenances. (b) Install 7,124 feet of 6" PVC and 1,400 feet of 6" HDPE sanitary sewer force main line and appurtenances. (c) At the Packery Channel crossing, install four (4) additional pipes in the existing channel crossing sleeve, each 1,400 feet long, three (3) of 8" HDPE, and one (1) of 2° HDPE, and appurtenances. Page 2 of 7 Trust Fund RelmbAgrmenl -Zahn Road LS FM rir 12102008 Hu _ (d) The force mains described in subparagraphs (a), (b), and (c) of this paragraph will begin at the Zahn Road Lift station and end at an existing wastewater manhole located at a point across South Padre Island Drive (Park Road 22) designated by the City, where they will terminate at an existing manhole. The size of the force mains were dictated by the design as approved by the City of Corpus Christi. b. The plans and specifications for the lift station and dual force mains are those prepared by Naismith Engineering, Inc., under Job No. 7818, dated and sealed on June 5, 2008. 3. SITE IMPROVEMENTS. Prior to construction of the lift station and dual force mains, Developer shall acquire from General Land Office (for the Permanent School fund) the two sewer easements and from a private landowner one sewer easement to permit the dual force mains to be connected across Packery channel to the City of Corpus Christi Whitecap sewage collection system at a manhole located at a point adjacent to South Padre Island Drive (Park Road 22) as identified and directed by City of Corpus Christi. These easements will be granted to the City of Corpus Christi or upon City acceptance of improvements dedicated to the City of Corpus Christi, as instructed by the City. 4. PLATTING FEES. Developer shall pay to the City of Corpus Christi the required acreage fees and pro -rata fees as required by the Platting Ordinance, if any. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer has taken bids for the work under the requirements of the City of Corpus Christi, and shall award a contract and complete the lift station and force mains, under the approved plans and specifications, no later than 270 working days after the date of approval of this Agreement by the City of Corpus Christi (subject to extension for force majeure delays). 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this agreement. 7. DEFAULT. a. The following events constitute default: 1. Developer fails to award a contract for the construction of the project, under the approved plans and specifications, by the 30th calendar day after the date of approval of this Construction and Reimbursement Agreement by City Council. 2. Developer's contractor does not reasonably pursue construction of the project under the signed bid documents accompanying the approved plans and specifications. 3. Developer's contractor fails to complete construction of the project, according to the approved plans and specifications, on or before 240 work days after receiving notice to proceed (subject to extension for force majeure delays). Page 3 of 7 Trust Fund ReimbAgrment - Zahn Road LS FM rir 12102008(”33 — b. In the event of default, the City has all its common law remedies in addition to the following: 1. Cancellation of this reimbursement agreement after notice and opportunity to cure as provided herein. 2. Refusal to record plat(s) or issue any certificate of occupancy for any structure to be served by the project. 8. THIRD -PARTY BENEFICIARY. Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project must provide that the City shall be a third party beneficiary of each contract. 9. PERFORMANCE AND PAYMENT BONDS. Developer shall require its contractor for the construction of the project, before beginning the work, to execute to Developer and the City a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $25,000. The performance and payment bond must comply with Texas Government Code, Chapter 2253, and must be in the form and substance as attached to this agreement. The performance and payment bond must name Developer and City as joint obligees. 10. NOTICE AND CURE. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party at the following address: 1. If to the Developer: Forestar (USA) Real Estate Group Inc. 6300 Bee Caves Road, Building Two, Suite 500 Austin, Texas 78746 Attn: Wayne McDonald, Senior Vice President With copy to: Forestar (USA) Real Estate Group Inc. 6300 Bee Caves Road, Building Two, Suite 500 Austin, Texas 78746 Attn: General Counsel Page 4 of 7 Trust Fund ReimbAgrment -Zahn Road LS FM rjr 12102008 (3).doc —322— 2. If to the City: City of Corpus Christi 1201 Leopard Street (78401) P, 0. Box 9277 Corpus Christi, Texas 78469 ATTN: Assistant City Manager Development Services b. Should Developer fail to perform any obligation or duty of this agreement, the City shall give written notice to Developer, at the address stated above, of the need to perform the obligation or duty, and should Developer commence to perform the obligation or duty within 25 days after receipt of such notice, and continue such performance with diligence, then no event of default shall be deemed to have occurred. c. But if Developer should fail to perform or commence to perform the required obligation or duty within 25 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer by reducing the reimbursement amount due Developer. d. In the alternative, in the event of Developer's failure to cure or commence to cure any such breach within 25 days after receipt by Developer of a second notice in writing from City of the need to perform the obligation or duty, the City may terminate this agreement. e. If City has performed an obligation or duty of Developer, then Developer shall pay to City the cost of such performance within 30 days from the date Developer receives written notice and substantiation of the cost to City of such performance f. Notice required by the paragraph may be by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. g. The provision for notice and cure contained in this agreement do not apply to a default under Section 7(a) of this agreement. h. The dates for completion of the lift station and dual force mains may be extended for each day that completion is delayed by inability to obtain labor or materials, weather making the work impracticable, acts of God, or other forces beyond the control of Developer (but not financial inability). These causes of delays are called "force majeure ". 11. WARRANTY. Developer shall have contractor execute a warranty of the workmanship of the lift station and dual force mains for a period of one year from and after the date of acceptance of the facilities by the Development Services Engineer. The warranty must be assigned and transferred to the City upon completion of this project. Page 5of7 Trust Fund RelmbAgrment - Zahn Road LS FM rjr 12102008 (3 —Ihc3— 12. REIMBURSEMENT a. The City will reimburse the Developer 100% of the cost of the lift station and dual force mains, including in the calculation of such cost, but not limited to the following items: The payments to a contractor for the construction and installation of the lift station and dual force mains, costs of permits and inspection fees, costs of design and construction inspection, costs of easements from General Land Office and private parties, and the costs of environmental permitting, but not including the costs of mitigation of impacts. The costs to be reimbursed aer those described on "Project Costs - Exhibit B" prepared by Naismith Engineering, Inc., and attached hereto. b. City agrees to reimburse the Developer on a monthly basis and upon invoicing for work performed. Reimbursement of eligible costs will be made within 15 days from the date of invoice. c. To be eligible for reimbursement, the work completed to date must comply with the approved plans and specifications, and have been inspected and are acceptable by the City, which inspection and acceptance will not be unreasonably delayed, withheld or conditioned. 13. INDEMNIFICATION. Developer shall indemnify and hold harmless the City, its agents, officers, and employees (Indemnitees') from all suits, actions, or claims and from all liability for any and all injuries or damages sustained by any person, including without limitation workers compensation, personal injury or death, arising from or incident to this lift station and dual force main construction. 14. DISCLOSURE OF OWNERSHIP INTEREST. Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit „C„ 15. AGREEMENT EFFECTIVE. This agreement becomes effective and is binding upon and shall inure to the benefit of the City and Developer, and their respective heirs, successors, and assigns from and after the date of execution. EXECUTED IN DUPLICATE originals, this day of , 2008. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary By: Robert Nix Assistant City Manager Development Services Page 6 of 7 Trust Fund ReimbAgrment - Zahn Road LS FM rjr 12102008 (3 .doc —�324— an APPROVED AS TO FORM: r," `I` day of lig «2' By: R. Jay "Reining First Assistant City Attorney THE STATE OF TEXAS COUNTY OF NUECES C, 200` - This instrument was acknowledged before me on , 2008, by Robert Nix, Assistant City Manager, City of Corpus Christi, Texas, a Texas home -rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas DEVELOPER: FORESTAR SA) EAL ESTATE GROUP INC. By: [NAME] [TITLE] THE STATE OF TEXAS thr COUNTY OF NUECES This instrument wq acknowledged before me on >ce , 1 qt Zs-) , 2008, by e Senior Vice President of Forestar (USA) Real Estate Group Inc., a Del ware corporation on behalf of the corporation N et„ et_ tary Public, State of Texas Trust Fund ReatnbAg Page 7 of 7 Zataa Road LS ELI rir 12U32008 (3).doc -325- -'' BRIAN C. RIDER L./ .1 Notary Public, State oI Texas My Commission Expires March 05, 2013 Project Costs - Exhibit B Ell Naismith Engtneertng,Inc 4501 Golliher Rail Christi, TX 78911 361.8199900 Fax 361419.9901 Title: Zahn Road Lift Station & Force Main NEI #: 7818 Bid Opening Date July 29, 2008 Original Contract Amount: $2,334,947.36 Total Change Order Amount: Adjusted Contract Amount: $2,334,947.36 NEI Engineer: Craig 13. Thompson, P.E. NEI Contact: Thomas Tiffin Date Contract Commenced: Original Contract Days: Change in Contract Days: Adjusted Contract Days: Date: Inspected By: 240 Working Days Working Days 240 Working Days Owner: The Preserve at Mustang Island, L.L.C. Contact: Barrett Allison Address: 1300 S. Mopac Expressway Austin, Texas 78746 Phone: (512) 422 - 2209 Contractor: Contact: Address: Phone: Big State Excavation Gary Meurer PO Box 260297 Corpus Christi, Texas 78410 (361) 537 - 5013 A. AMOUNT OF ORIGINAL CONTRACT ITEMS COMPLETED TO DATE: Lift Station ITEM NO. DESCRIPTION QUANTITY UNIT QUANTITY COMPLETE CONTRACT UNIT PRICE TOTAL COST Stabilized Construction Entrance & Exit 1 EA 1 $2,000_00 $2,000.00 2 Reinforced Filter Fabric Fence 333 LF 333 $2.00 -... -_ $666:00 - --3 _ Hay Bales - - -- — — _. 1 1 $1,000.00 $1 000.00 4 Site Clearing and Striping 0.32 AC 0.32 X000.00 $960.00 5 Site Grading 1 LS 1 $3,000.00 $3,000.00 6 Lift Station and Appurtenances 1 LS 1 $580,000.00 $580,000.00 7 Dewatering / Well Pointing for Lift Station and Appurtenances Installation 1 LS 1 $50,000.00 $50,000.00 8 Odor Control 1 LS 1 $14%000.00 $140,000.00 9 8" Gravity Sanitary Sewer 110 LF 1 10 $140.00 $15,400.00 10 8" End Plug 2 EA 2 $100.00 $200.00 11 12" Gravity Sanitary Sewer 70 LF 70 $160.00 $11,200.00 12 Sanitary Sewer Fiberglass Manhole 5' Diameter @19'- 21'Depth 1 EA 1 $20,000.00 $20,000.00 13 Tie to Public Sanitary Sewer Manhole Stub Out 1 LS 1 $2,500.00 $2,500.00 14 Dewatering/ Well Pointing for Sanitary Sewer Gravity Line Installation 1 LS 1 $1,000.00 $1,000.00 15 Trench Safety 200 LF 200 $15.00 $3000.00 16 PVC Pressure Pipe - 4" — — 130 LF 130 $20.00 $2,600.00 17 Dual Water Service Connection _.___ _.._._...— ._- .......— ..._1 EA 1 _____........$2,500.00 $2,500.00 18 Connection to Existing 8" Water Pipe_ 1 LS 1 $2,500.00 $2,500.00 19 Crushed Limestone on Landsca.e Fabric - 6" 1 LS 1 $10,000.00 $10,000.00 20 Reinforced Concrete Pavement -5" 208 SY 208 $130.00 $27,040.00 21 HMAC Pavement Repair for Street Improvements 7 SY 7 $275.00 $1,925,00 22 Cantilever Gate with Card Reader 1 LS 1 $32,000.00 $32,000.0C 23 Concrete Masonry Wall with Footing 197 LF 197 $500.00 $98,500.00 SCADA RTU Panel for Two Pump LiOE cation w/ 24 Flow by Rabelais Instrument & Electrical 1 1 LS 1 $35,000.00 $35,000.00 Constructors Pagf Rif/ Title: Zahn Road Lift Station & Force Main NEI #: 7818 Force Main ITEM NO. DESCRIPTION QUANTITY UNIT QUANTITY COMPLETE CONTRACT UNIT PRICE TOTAL COST 25 Reinforced Filter Fabric Fence 4,605 1 LF LS 4,605 1 $2.00 $200.00 $91210.01 $200.01 26 Straw Bale Fence (Force Main) 27 4" PVC AWWA C900- DR18- 150psi Force Main 71.124 LF 7,124 $18.00 $128,232.01 28 29 4" HDPE - 150psi Force Main 4" PVC AWWA C907 Class150 Fittings _ 1,400 13 3 LF EA EA 1,400 13 3 $5.00 8400.00 $4,000.00 _ $7,000.01 $5,200_08 $12,000.01 30 4" Air Release Valve 31 6" PVC AWWA C900 -DR18 -150 ski Force Main 7,124 LF 7,124 11400 13 $21.00 $9.00 $450.00 $149,604.0_. $12,600.01 $5,850.0 • 32 6" HDPE - 150psi Force Main 6" PVC AWWA C907 Class150 Fittings 1,400 13 LF EA 33 34 6" Air Release Valve 3 EA 3 $4,000.00 $12,000.01 35 Packery Channel Casin•Connection 2 EA 2 $5,000.00 $10,000.01 36 8" HDPE - 150psi Pipe "A" 8" HDPE • 150psi Pipe "B" 1,400 1, 400 1,400 1 69 LF LF LS SY 1,400 1,400 __. ,400 l 69 $16.00 ___..__..$ 16.00 $ 2.0 $22,400.01 $22,400161 $2,800.01 37 _ 38 39 40 2" HDPE • ISOpsi Pipe "D" ...._...._....._.._ —..- -- Packery Channel Bundling HMAC Pavement Repair for Street Improvements _ _ $200,000.00 $100.00 --- --__...__. $200,000.01 $6,900.08 41 Driveway Repair for Force Main 66 SY 66 $140.00 $9,240.01 42 Force Main Markers 27 EA 27 $150.00 84,050.01 43 Connection to Existing Manhole 1 LS 1 $2,700.00 $2,700.01 $800.01 44 Anti - Flotation Devices 1 LS 1 $800.00 41 Dewatering / Well Pointing for Force Main Installation 1 LS 1 $500.00 $500.08 Easement Acquisition ITEM NO. DESCRIPTION RI QUANTITY UNIT QUANTITY COMPLETE CONTRACT UNIT PRICE TOTAL COST 42 Texas General Land Office • Lift Station 1 LS 1 $105,050.00 $105,050.01 43 Texas General Land Office - Force Main 1 LS 1 $125,050.00 $125,050.08 44 Private Landowner - Force Main 1 LS 1 $150,000.00 $150,000.01 Miscellaneous ITEM NO. DESCRIPTION QUANTITY UNIT QUANTITY COMPLETE CONTRACT UNIT PRICE TOTAL COST 45 AEP Electrical Requirements 1..._._�._.__ _... LS . ._. _._.1 .__.L__ $50,000.00 $50100001 ._._._....._..... Professional Services ITEM NO. DESCRIPTION QUANTITY UNIT QUANTITY COMPLETE CONTRACT UNIT PRICE TOTAL COST 46 Engineering (7.5% of Construction Cost) 1 LS 100% $125,000.78 $125,000.7: $33,333.5' 47 Topographic Survey (2.0 %of Construction Cost) 1 LS 100% $33,333.54 48 Construction Administration 1 LS 100% $16,666.77 $16,666.7 49 Testing g (Georechnica7) I LS 100% $16,666.77 $161666.7 50 51 Storm Water Pollution Prevention Plan (SWPPP) _ Traffic Control Plan (rCP) Corps of E gineers Permit _ _ -_ _ Beachfront Construction Certificate _.. I 1 1 _ 1 LS LS EA _ EA 100% 100% .._ 1 - _ 1 $7,500_00 85,000.00 $8,000.00 $- 000.0-01. $3,000.00 $7,500.01 85,000.01 $8,000.01 $4,000.01 52 53 54 TxDOT - Uility Pennit 2 EA 2 55 Easement Acquisition Administration 1 LS 100% $9,502.50 _$6,000.01 $9,502.51 56 ROW Surveying, Parcel Descriptions, & Maps 1 LS 100% $6,500.00 86 500.01 Pa fl7.>f-2 21 COUNCIL AGENDA MEMORANDUM City Council Action Date: February 24, 2009 AGENDA ITEM: Motion authorizing the City Manager to enter into a contract with Fulbright & Jaworski LLP to perform bond counsel services for the City of Corpus Christi. ISSUE: On February 10, 2009, City Council directed staff to begin negotiations with Fulbright & Jaworski LLP to perform bond counsel services for the City of Corpus Christi. This motion will authorize the City Manager to enter into such a contract for a five -year term based on the fees outlined in the attached engagement letter. In connection with the issuance of obligations, the fee is based upon a sliding scale as outlined in Exhibit A of the engagement letter in addition to reimbursement for reasonable expenses. For non -bond related items, Fulbright & Jaworski LLP has agreed to provide, at no charge, up to five hours of services. After that, the City will be billed at the firm's hourly rates as outlined in the engagement letter. Additionally, the City will not be charged any additional fees for questions relating to bond issues that Fulbright & Jaworski LLP represents the City as bond counsel. Additionally, Fulbright & Jaworski LLP will not charge the City for getting acclimated to the City's prior bond issues. PREVIOUS COUNCIL ACTION: February 10, 2009 — City Council directed staff to begin negotiations with Fulbright & Jaworski LLP to perform bond counsel services. REQUIRED COUNCIL ACTION: Approval of the motion is required. CONCLUSION AND RECOMMENDATION: City Staff recommends that the City Council approve the motion approving Fulbright and Jaworski LLP as bond counsel for the City of Corpus Christi. Mary K' yFis City Attorney Attachments: Engagement Letter —331— Constance P. Sanchez Interim Director of Financial Services FULBRIGHT & JAWORSKI L.L.P. A REGISTERED LIMITED LIABILITY PARTNERSHIP 300 CONVENT STREET. SUITE 2200 SAN ANTONIO. TEXAS 75205-3792 WWW.F U LB RICH T.COM WKUHN@FULBRIGHT.COM DIRECT DIAL: (210) 270.7131 February 24, 2009 Honorable Henry Garrett Mayor City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 TELEPHONE: (210) 224-5575 FACSIMILE: (210) 270-7205 RE: ENGAGEMENT TO PROVIDE BOND COUNSEL SERVICES TO THE CITY OF CORPus CHRISTI, TEXAS Dear Mayor Garrett: Our Firm is pleased to offer to represent the City of Corpus Christi, Texas (the "City") in connection with rendering bond counsel services to the City, including, but not limited to, the issuance of any debt instrument or certain other obligations (the "Obligations") issued by the City or any non -profit corporation created by the City (the "Matter "). It is our understanding that this engagement is for a five year initial term, with an option to extend this term to be exercised at the sole discretion of the City. The purpose of this letter is to set forth our agreement with respect to the terms of our engagement. As special legal counsel for the City, we will represent your interests in regard to the Matter. Although we will endeavor to achieve a result in the Matter that is satisfactory to you, it is understood that we make no promises or guarantees to you concerning the outcome of any particular transaction and cannot do so. Our representation of the City will involve providing general legal advice, drafting all appropriate legal documents, reviewing and approving any disclosure documents relating to the sale of the Obligations (in consultation with the City staff and the City's financial advisors), and, to the extent necessary, obtaining the approval of the Texas Attorney General for the issuance of the Obligations. Assuming that the City can make certain representations, we will render our Firm's bond counsel opinion concerning the validity and enforceability of the Obligations and, to the extent necessary, the exemption of interest for federal income tax purposes to the holders of the Obligations. This bond counsel opinion will be relied upon by the proposed purchasers of the Obligations. Cooperation. To enable us effectively to perform the services contemplated, it is essential that you disclose fully and accurately all facts and keep us apprised of all developments relating to the Matter. You have agreed to cooperate fully with us and to make your 80467497.3 —332— Mayor Henry Garrett February 24, 2009 Page 2 representatives available to attend meetings, conferences, hearings, and other proceedings. As necessary, we will need to work closely with the City staff to finalize the Matter. In connection with the issuance of Obligations, our fee will be based upon the scale attached hereto as Exhibit A and incorporated by reference for all purposes, plus reimbursement for reasonable expenses as described below. Our fees and expenses are payable out of proceeds from the sale of the Obligation, and are contingent upon the sale of the Obligations. There will be no additional fees for time spent and resources allocated to respond to post- compliance issuance questions asked by the representatives of the City concerning these Obligations. For any work outside of the scope of our Firm's bond counsel services or to the extent the complexity of the Matter dictates otherwise (which could result in lower hourly rates), our fees are based on the time spent by the attorneys and the paralegal personnel who work on the Matter. This negotiation may also include professional services related to the calling and conducting any elections. We will not commence any such work without the prior approval of an authorized representative of the City. We will charge for all time spent in representing your interests, including, by way of illustration, telephone and office conferences with you and your representatives, opposing counsel, and others; conferences among our attorneys and paralegal personnel; factual investigation if needed; legal research; responding to your requests for us to provide information to you or your auditors; drafting letters and other documents and travel if needed. Generally, our hourly billing rates for domestic offices range from $390 to $875 for partners; from $310 to $485 for senior associates; from $350 to $580 for senior counsel; from $175 to $525 for counsel; from $185 to $350 for associates; from $150 to $350 for patent agents; from $390 to $900 for of counsel; from $90 to $250 for paralegals; and from $155 to $255 for senior paralegals. My time is billed at $560 an hour. Other lawyers and paralegals may be assigned as necessary to achieve proper staffing. Work performed by paralegals will be charged at rates ranging from $140 to $215 an hour. Billing rates for both attorneys and paralegal personnel are reviewed annually and generally are revised at the beginning of each year to reflect an attorney's and paralegal's increased experience level. However, we will not charge the City for our time and resources spent performing research necessary to respond to questions or issues related to Obligations issued prior to execution of this engagement agreement. Additionally, there will be no fee for our time and resources spent in response to questions or issues which require less than five (5) hours of time per individual Matter. Expenses. In addition to our fees for rendering professional services, our statement will include other charges for expenses and services incurred incident to the performance of our legal services, such as photocopying, delivery charges, travel expenses, long- distance telephone calls, facsimile transmissions, Texas Attorney General's filing fee, overtime for secretaries and other nonlegal staff, specialized computer applications such as computerized legal research and filing fees. A copy of Fulbright & Jaworski L.L.P.'s current recharge schedule, which is subject to change from time to time, is attached as Exhibit B. We will provide you with at least thirty (30) 80467497.3 —333— Mayor Henry Garrett February 24, 2009 Page 3 days' advance written notice of any change in Exhibit B expenses or with respect to our Firm's hourly billing rates. It is not our policy to make any profit on any of these other expenses and services. Our invoices will reflect the cost to us of the products and services. In some situations, the actual cost of providing the product or service is difficult to establish, in which case we will use our professional judgment on the charges to be made. In some situations, we can arrange for ancillary services to be provided by third parties with direct billing to the City. Billing Cycle. Our billing rates are based on the assumption of prompt payment. Consequently, fees for our legal services to the City that are based upon hourly rates will be billed monthly and are payable within 30 days of receipt. Billings for the issuance of debt by the City will be billed upon the issuance of the Obligations. Conflicts. If a controversy arises between you and any other client of our Finn, we, after taking into account the rules of professional ethics applicable to us, may decline to represent either you or such other client or both you and such other client. Representation of Others; Waiver of Conflicts of Interests. You understand that we represent many investment banking firms, commercial banks, and other parties to public finance transactions from time to time in connection with other issues, including the City's financial advisors and potential underwriters for your securities, and you do not object to our continued representation (in connection with other issues) of any such firm with respect to which you choose to do business in connection with issuance of the Obligations, since doing so is how we are able to gain the experience we need to complete the Matter in an effective and efficient manner. If a controversy arises between you and any other client of our Firm, we, after taking into account the rules of professional ethics applicable to us, may decline to represent either you or such other client or both you and such other client. Termination or Withdrawal. Our representation may be terminated prior to the conclusion of the Matter by either of us by written 30 days prior notice to the other party. We reserve the right to withdraw from our representation if, among other things, you fail to honor the terms of this engagement letter or fail to cooperate or follow our advice on a material matter, or if any fact or circumstance would, in our view, render our continuing representation unlawful, unethical or ineffective. No such termination or withdrawal, however, will relieve you of the obligation to pay the legal fees owed us for services performed and other charges owing to us to the date of termination or withdrawal. Client Documents. We will maintain all documents you furnish us in our client files for the Matter. At the conclusion of the Matter (or earlier if appropriate), it is your obligation to advise us as to which, if any, of the documents in our files you wish us to return to you. We may keep copies thereof to the extent we believe advisable for our records. We will retain any remaining documents in our files for a certain period of time and ultimately destroy them in accordance with ouic Firms' record retention program schedule then in effect. 80467497.3 —334— Mayor Henry Garrett February 24, 2009 Page 4 Standards of Professionalism and Attorney Complaint Information. Pursuant to rules promulgated by the Texas Supreme Court and the State Bar of Texas, we are to advise clients that the State Bar of Texas investigates and prosecutes complaints of professional misconduct against attorneys licensed in Texas. A brochure entitled Attorney Complaint Information is available at all of our Texas offices and is likewise available upon request. A client that has any questions about State Bar's disciplinary process should call the Office of the General Counsel of the State Bar of Texas at 1- 800 - 932 -1900 toll free. Conclusion. This engagement letter constitutes the entire terms of the engagement of Fulbright & Jaworski L.L.P. in the representation of the City relating to the Matter. These written terms of engagement are not subject to any oral agreements or understandings, and they can be modified only by further written agreement signed both by the authorized representative of the City and Fulbright & Jaworski L.L.P., as appropriate. Unless expressly stated in these terms of engagement, no obligation or undertaking shall be implied on the part of either the City or Fulbright & Jaworski L.L.P. If the foregoing correctly reflects the terms and conditions of our representation of the City, please so indicate by executing the enclosed copy of this letter in the space provided below and return it to us. Please do not hesitate to telephone us if you have any questions. We are pleased to have this opportunity to be of service to the City, and we look forward to working with you, the City Council and the City staff. WJK/jcq Attachment Accepted and agreed to effective the day of February, 2009. CITY OF CORPUS CHRISTI, TEXAS By: Very truly yours, W. Jeffrey Kuhn Fulbright & Jaworski L.L.P. Name: Angel R. Escobar Title: City Manager 80467497.3 -335- EXHIBIT A Fee Schedule* Principal Amount of Obligations Obligations* (per $1,000 denomination) $0 - $10,000,000 $1.2500 510,000,001- 525,000,000 $1.1250 $25,000,001 - $50,000,000 $0.8750 $50,000,001 - $100,000,000 $0.7500 $100,000,001 - $200,000,000 $0.6250 Over $200,000,000 $0.5000 *This scale will be increased by 35% for the issuance of any refunding obligations and provides for a minimum fee of $15,000 for the issuance of any Obligations. *In addition, the City will authorize an amount not to exceed $5,000 to our Firm for additional federal income tax expertise relating to the Obligations, based upon our Finn's hourly billing rates. *To the extent that our Firm is responsible for preparing the offering documents relating to the issuance of any Obligations, an additional fee of $7,500 will be charged. *This fee scale is not applicable if the Obligations are issued in a variable rate mode, are further secured with a liquidity facility, and/or involve the utilization of any derivative products, are issued by a non -profit corporation created by the City, or are issued in connection with an economic development financing, including a TIRZ or other similar financing. *This fee schedule is applicable to the following types of Obligations: general obligation bonds, certificates of obligation, tax notes, revenue bonds, and other similar indebtedness. 80467497.3 —336— EXPENSE/SERVICE Binding EXHIBIT B FULBRIGHT & JAWORSHI L.L.P. (San .Antonio) Expenses and Services Summary ** CHARGE N/A (Pricing varies in other office locations) Data Base Research Lexis, Westlaw, Information America Deliveries Overnight/Express Outside Courier In -House Courthouse Messengers Document Scanning Duplicating Photocopy Color photocopy Microfilm/Microfiche Videography (duplication) Electronic Mail (via Internet) Library Research by Library Staff Weekend & Late Evening Air Conditioning Postage Secretarial Overtime Facsimile (Outgoing) 80467497.3 -337- Costs allocated by the Firm Direct Cost Direct Cost N/A (Pricing varies in other office locations) $40.00/Hour plus Transportation (Pricing varies in other office locations) $.12 per page — Direct Cost $0.15 per page $0.85 per page $0.50 per page $5.00 /tape plus $20.00 /duplication No Charge $130.00 per hour N/A (Pricing varies in other office locations) Direct Cost on any item or group of items which cost $1.00 or more $28.00 per hour (Pricing varies in other office locations) $0.80 per page plus applicable LD charges EXPENSE/SERVICE CHARGE Telephone Long Distance (Domestic) Long Distance (International) $0.30 per minute 80% of direct dial rate File Storage Retrieval N/A (Pricing varies in other office locations) Transportation Mileage (personal automobile) Applicable IRS allowable rate per mile Lodging Direct Cost Meals Direct Cost Car Rental/Airline/Rail /Etc. Direct Cost CD -ROM Research $30.00 - $50.00 per Search (rate varies based on length of search) Graphic Arts $120.00 - $150.00 per hour, plus direct cost of supplies Practice Support $60.00 - $215.00 per hour E- Discovery Direct Cost Firm hosting of on -site document review $5.00 per hour performed by outside contract attorneys ** These fees are capped at $1,500.00 per individual Matter. 80467497.3 -338- 21 ATTACHMENT WILL BE PROVIDED FRIDAY AFTERNOON -341- 22 m v cn "CI v et �•- V ' �V � � O •1 .� cn et •u E 0 et 0 et v 0 O 4-+ V • ,--, V v u u V v Q Q o Answer any questions CO . ,V_, ..Ii- .J '' v it Ri 0 cin CD v r _64 co cot o v rci _> a •" ft E- c „E v N t N.0 Pri v v Q u _O U U U O 4 ET V 0 Center had revenues of $22 million cil N v) a-j N 0 CU 0 Ti E u v ro O v - u v v b - O CU cn aC - — Ou N 0 u+1) u.- �•- u ni •0 can N Li 17-I E ' v u ¢'.�� 0 v1• -�� 30 0 t p re N cam, v ;� u rG 0 . u CU f-i v M+, v ,4 U U U U cn ct - r0 CU CU CU ft U +-I .,_0 CU a) v U • la cu cn '� t -W cn U O 0 0 ti • ^:�90 Q •o cn .6-) r� "is cn - CU v Cu C.4-mi •� '- •t sa) cn r0 •v --i ,-,-0 0 r . •— rCi - cn ,--i r� O U ; U '� O •� O 3 U CO • _ ,,-' -1 • � +-+ • 0 z 'c .": imi v M M O2 7 U N N rti N cn N � E a..r O u 4 cn ct o c .— o U O .- 1 4 O aA o CO 00 Nr m v cn 0 O U r c$ v :1:;: O CA U u o +-, O Cli u 'i .- 3� �oUOF:$ t r0 CV U ateJ ,4 cn .6.) 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American Bank Center, Corpus Christi El Paso Convention & Performing Arts Centers Arlington Convention Center Plano Convention Centre Lubbock Civic Centers Amarillo Civic Center Baton Rouge River Center _11111________ e Convention Center /Selena Auditorium r- LL r-- 0 C LL rt u- $ 13.261 .543 r` CO CO O CO CO CO ra rn CO Cr] CO O A = - La Iv w w t ti [Oo n co m ODo CO N [c9 m es es es es Es es O O V V O Lf] -S CO CO COCO O V EA EA EA E.9 • Co 0 0 0 LO R [~O 00 CO CO mmenCO es es as Es ss V C9 In N C1r IT m co Li-i e'? es es es Es O Co 0 o Ln LO CO O O N- N Cr) EA EA EA EA EA EA es co co co n r-_ EA OD N - CO r-_ 67 r-_ es N Lf] Cf1 Lf] es N N Lf] m EA X m I— I- 0 E o Y 0 a, C v o W N a) 0) y1 ( cu E d co LI N . _- 7 C C CD a ° ▪ E C 0 C C : a E co rB 0 x C m CD o W CD Q 36-)i-- y i x m m . s, CD - � lip 03 0 o 0 03 TI3 C S-. C S C Q_ Q S, C i�_I 117 [r7 es C) N O rn QL EFt O CO N O es (9 N N L f] N es N Jet loss for Convention Center (51 Lf] Lf] Lf] L r -- r` N es CO CO O es 0) b9 0 0 o co CD IR -7 ( O a) Cif [- 6 a) V3 V N N _0 0 0 V 5_ a) a) c] C 0 0 03 CO a CO a) a Q axi 03 C CCD City approved subsidy as follows: EA LL O LL co LL innncinl Oveiview CO CCVV OD LO O O CV CV O OD CO CO O LD r R LO v 01 OD LO (9 N OD OD ■ M1 N N O C9 O Lil L O N r CO9 N M1 r 01 69 69 E9 69 69 't 69 69 69 1. M1 L11 c u O v L[] v Ln r-- o v CO 01 CO u o O Ln 01 L9 Cu O _ V _ O CO V t4 v r- �� r- r- r-- Et 69 69 69 69 Gt 69 69 O O N CO LY1 O 7 M1 O L- O CO N 00 Cc L[1 - '1- - O "t m N.-, c'J r-_ 00 ,Y - -N-- t 69 6s 6 O O O ' v L[] M1 O ID O O L[] 01 O L[] C0 CO. 01 U R O N OD u7 v CO CO (9 O OD N N O 69 69 69 69 69 69 69 69 69 SMG actual revenue b9 OF! P_ u O O O N L[] OD N N N ▪ N 7'4 a r N- CO 'S -- O M1 CO CO O O 01 ■ r WD 01 LL i - O 6s 6s E9 69 6s E9 69 6s CO 6] CO V C- 6.9 69 69 M1 O 69 $ 3,029,294 69 b9 N CO M1 69 M1 N co M1 b9 Q 0 0 V v CO v CO L[7 69 Subtotal - SMG 0.met the C;ity's KI-H requirements; average rating was very good or excel year last 4 years; has branded the ABC as well- respecte venue; has been successful in operating /man; facilities in accordance with performar standards of City; SMG is the only venue management c with the largest presence in Texas. ana • 0 0 0 CA is -re a - --- - c 0 0 w 03 CO C L.. c Q, co z .V E s - 0 0U �a� 'C:. " o w s 0 o 0 {l3 c U 0 Q. RS CO 0 2; CITY COUNCILCOUNCIL PRESENTATION AGENDA ITEM: A ) Automated Meter Reading (AMR) Initiative Project- Expansion Update - Year 4 of 5 STAFF PRESENTER Name 1. Michael Barrera Title /Position Department OUTSIDE PRESENTERS Name Assistant Director of Financial Services Title /Position Finance Organization 1. Christopher Minton 2. Donald Abrew Vice President Senior Consultant RAM Technologies, Inc RAM Technologies, Inc ISSUE: The presentation is to provide the City Council with an update to the Automated Meter Reading (AMR) Initiative. The presentation will include some background on the project, give an update on the progress of completion, summarize the various costs associated with the project and cover the Return of Investment of the project. REQUIRED COUNCIL ACTION : NONE Assistant Director of Financial Services —349— AMR Vision AMR History AMR System Overview ■ c a) E C▪ l) 0 E 0 0 0 Q Project Update Project Budget Review nvestment c 0 a• ) eC r I c N O CO _ N •• O BCD E N s LL �•.� P. _ W N W Q m 0 o • i•J E = t_ CD f as a� Q_ c E c a c 0 s L 3 r L co ai a ci u, a0 _ a.+ 0 U E L co •N 3 N O �- c N N N 43 O (Q L N LO = N t_• i W c E a) a) CD i v 0 > u) •� c a. = Cr CL W CL' 0 2 r u) >, Po 0 N I = O L v o Q c >, co o so a� U co .n o 0. L 4) N O Q co 2 0. Q o ) j c 0 . :it- O LL) QO N a- ) 2 d- N ca LO N L O a 0 c O 3 O O O O N_ N a N r— p co U O = N O N O O is.-- - l 0) >, >— U Q Q October 2007 Year 3 Project Update presented to Counc 4. Meter Transmission Units (MTU's) MTU's are connected to the 4) T c m C O so O 4111 d O O 0 C a) d . C c6 co to r n = a "- 09 — N 0) O N O "C M C C c i a) to E E y o O,3 sta N s- N N t A c 'w en co tia - C 0 C cc -N4 o E _.P ( E m c L to to to O El 0 r bb DIE N ection Units (DCU's) O U 0 a) c s. L ~ — E N 1- 4) c az Oo Nt) Ucca- 0 L • V ccc :C3 -a > c S- O a0 E 3cea ca= co . e � oct zoi 0 0 U a 8 co L O L 45 CO "('3 4- Qi 4) 15 45 m N N O U To- � cu j, 000 - O>+�C2 c (6 C La O to L W � � � co (� cQ O_ � E .Op EO~ .N�� wL ID wD D c03u) _ �co campc co _ (6 .(�N� 0�w ��� p�CUt� .0 Egi W -.p CUD �tnCC � LOS —() N'C. _ ..0 E-p (6 O-. p 0 g O p 0 C �C Qom'' p QQOm > O N X• L (� p w- O O To" a3 toOQs_0� ALA�CU 0) C p •- L L-0 a§ • U .- U L-p�. co O O > = to O —_ "O > L_ (a(a61 co 2-= NO(BO_tn(60p wCz CO2C 0. ��CZ (0 Ct QU�Ct CACOCO 86,000 of 147,554 meters have been converted to date 1 required to read meters has been reduced savings of $262,245 Actual /Planned AMR Meter Conversions over all expansion years ry CO 0 r) c CO N O r LO N- M a) L) co cr) c N a) c CO- N cl N N Water Meters Gas Meters O d. O /� LO w AW t --- 1 - Aggregated Tote Water Meters Gas Meters M r� (") Numbers shown include pilot totals in Year 4O- u 13 -1-1 .O r c N N O 0 E 0 69 O i O 0 U • U U -a c -a O-c) X c6+ = O 0— 0 0- ( .Q _ ▪ 0 0 NON C 0 O 0 N i E ca 0 Q V73 CO Q C -L7 EDT). r co 0U_> a0 u) 1- W - 0)•CL > C co w 0 O O Q c0 O @N = 0 O Eli iii O _Cl) 9•0-O E ro U 0 • i 5 0 ca 4-.6 C Y CC) ▪ �p C0L N� O1- coil cociO -0 O N' coON -a , c' =>' Eli a) � "0-0 O i inj c >0 0c (0 co•O 002 �NL_ (!)-a CE FY 05 -06 - $28,056,638 26.709.883 REVISED FY 06 -07 - a) > c O U O Y Ln O U C z a) 0) a) O a) N l(7 rP t a) C 00 O a) ((0 0 E CO Y T O N It c6 E X O t.) O r O a' )>E Q 27.869.575 REVISED co 9 0 Ll a? >, CO ro E • o Q a) •(0 (0 �U (n O (n L co a) CU a) E O t6 Ut 2 o < U o O 0 �.. O U E E (tnn a) LO c1 (1) r > Q (1) > 0) O S O U It • (1) E C O L() [- 0 • O U U (6 N (1)z L() z O N N co O � > CO Na), cc Et} FY 07 -08: $27,869,575 co LO In la 10 0 N • CN- IC C M O� Q. } ea r o co • CY) N c 8 o co to a • >- Eft r N U Q M N } d } 4) } V O N N co 0) co- ea Ce TO E Q 1— 0 uu w cc FY08 -09: $30,942,071 tTa 2 o a 1— NEM co D 2 a) c) c ▪ Cl) ^O W co D W cu a ' U c cu c cu O OD r CD CO U Q c 0 Ln r D a) c c CU 0 M L co c ) L a L a) W D 0) c O co Carry -over for insta c co c a) E U a) ca a a) L W W E ^L` W co a) a) co NEM ncrease in bid prices for water meters Bid price increase of 22.2% id requirements co co 'U 0 (I) cn cA 0) O .a 0 v) N 2 -� Q) U -0 V) ca 5 L C N . /v�7) - I-0 ( ♦V CO (L3 C O a) U 2 N •c 0 0 c u, Ca 2 }- , co • d' N v) - co CI N CD 2 » ° ' E 4- 0 % % /� �CDU > CD m 2 @ r 2. o .k@ o tr o t- 0 E. �� O O t k 2 O \ CO o. P E 0 a @ $ Q 0 ,_ @ $ E off, ir 0 =2 _c >IN Q . L_ cCr) UQm t $ D as 20 cu o — E -0 a E$ t O O O @ o = E ' Q E @ c p % \ 2.2 2 > $ Q�Q ii.;_08°) �� @ @ @ c./ k > 0 0 a) O $ E ® $ @ a) c % E $ R �'ff @.g 4- n 0 O 0 a' IL)" -0 D.a (0 0R% �o.g Q0_ Based on 20 Years: Proposed Project Costs: $30,942,071 LC) is CO N c D N N CO 4) fr c O Q. c u) > d) as 4) CC 2 FY 08 -09 (Current Projections) 848,244 (Anticipated Savings / Revenue Increases / Cost Avoidance) O cc ation Prime c c co E 0) U C N � O Uo L C 1.6 O cu CO L v > O ca '� C Q z U a :1 • RAM Technologies Contract — Project Management Consultant 0 M Requested Council Action: 2/24/09 Alternate Date : 3/10/09 COUNCIL MEMORANDUM RECOMMENDATION: 13) Motion approving Amendment No. 3 to the Automated Meter Reading contract, with Northrop Grumman Information Technology Inc., Bohemia, New York, in the amount of $3,735,002. Funding has been programmed in the adopted FY2009 Capital Improvement Project (CIP) Budget C) Motion amending the consultant contract with RAM Technologies, Inc., Fort Washington, PA for contract management and technical assistance of the Automated Meter Reading project, in the amount of $138,701. Funding has been programmed in the adopted FY2009 Capital Improvement Project (CIP) Budget. Previous Council Action August 17, 2004 - City Council approved the Pilot Automated Meter Reading project with Northrop Grumman, in the amount of $597,248. August 23, 2005 — City Council approved Expansion Phase year 1 of the Automated Meter Reading project with Northrop Grumman in the amount of $2,964,970. August 23 2005 — City Council approved the consultant contract for contract management and technical assistance for the Automated Meter Reading Project with RAM Technologies Inc. in the amount of $376,400. Mav 9, 2006 - City Council approved amendment No. 1 to the consultant contract for contract management and technical assistance for the Automated Meter Reading Project with RAM Technologies Inc. in the amount of $82,790. July 25, 2006 — City Council approved Expansion Phase years 2 through 5 of the Automated Meter Reading project with Northrop Grumman in the amount of $14,948,639. July 25, 2006 - City Council approved the consultant contract for contract management and technical assistance necessary for implementation of Expansion Phase years 2 through 5 of the citywide Automated Meter Reading project, in the amount of $1,280,562. October 23, 2007 — Project update on the Automated Meter Reading project presented to City Council. —360— Background: The Automated Meter Reading (AMR) project is proving to have a beneficial impact on the operations of the City. To date, the City has converted approximately 86,000 direct read gas and water meters over to the Automated Meter Reading (AMR) System. A higher level of customer service is available to these customers due to the City's ability to capture real time meter reads on any given request. However, contract funding approved by Council in 2006 is estimated to fall short of the funding required to complete the work. Over the past two years of the project, the City has experienced an unusually high level of work required to rehabilitate the water infrastructure of the water meters. This trend was identified in the second year of the project and has continued to grow as the project has expanded over the City. Infrastructure work includes replacement of the meter box, adjustment of the meter box, replacement of the shut off valve, installation of meter risers, installation of inverted meter risers and the replacement of pipe couplings. This work is required to assure the meter is positioned in the meter box to allow for the radio signal to be transmitted to the Data Collection Unit (DCU) that is mounted on telephone poles throughout the City. Contributing to the escalating costs of the project include an increase in the number of single Meter Transmitting Unit (MTU) installations, water meter price increases, special water meter vault lid fabrication requirements and an increased level of technical assistance on the part of the consultant. Contract Authority — Expansion Phase Years 1 through 5 Contract authority for Northrop Grumman Information Technology Inc. and RAM Technologies Inc. has been approved by Council as follows: Northrop Grumman Information Technology Inc. - $17,913,609 RAM Technologies — $1,739,752 The requested amendments will bring the total Amount of the contracts to the following levels: Northrop Grumman Information Technology Inc. - $21,648,611 RAM Technologies — $1,878,453 —361— CIP Funding Funding to support these change orders has been programmed in the 2009 CIP budget as follows: Funding: 2009 CIP Budget Water CIP Fund 4475 - 550919- 200466 - Project years 4 &5 $3,792,556 Gas CIP Fund 4550 - 550910- 200466 - Project years 4 &5 81,147 Total: $3,873,703 Council has approved contract expenditure authority for the above referenced contracts in the combined amount of $19,653,361. To date, the City has spent approximately $13,620,875 with the contractors and is not expected to exceed the $19,653,361 by the end FY 08/09. As such, monies required to support the amendments will not be needed until FY 2009/2010. Additionally, the $3,873,703 has been programmed into the approved 2009 CIP budget and is included in year 1 and 2 of the 3 year Funding Schedule of the Water and Gas Departments short —range CIP projects. Michael Barrera Assistant Director of Financial Services -362- Amendment No 3 to Contract between Northrop Grumman Commercial Information Services, Inc. and City of Corpus Christi, Texas regarding Automated Meter Reading Whereas, The City of Corpus Christi ( "Buyer ") and Northrop Grumman Commercial Information Services, Irc ( "Seller ") executed a Contract regarding Automated Meter Reading authorized by City Council on August 23, 2005 in Motion 2005 -278 and on August 25, 2006 in Motion 2006- 239 ( "Agreement "); Now, therefore, the parties agree to amend the Agreement to add additional items and services as follows: 1. Attachment B, Unit Prices, Expansion Prices — 5 year delivery schedule (Attachment B -3) is amended to include the additional items and services listed on the attached Change Order detail dated February 13, 2009. Pricing charged for referenced work will be billed according to the unit price listed. Costs authorized under this Amendment No. 3 shall not exceed $3,735.002. 2. This amendment takes effect upon execution by the City Manager. 3. All other terms and conditions of the agreement remain unchanged. Agreed to by: CITY OF CORPUS CHRISTI By: 'Angel R. Escobar City Manager Date: NORTHROP GRUMMAN COMMERCIAL INFORMATION SERVICES, INC. By: f ` ' 7, 4, , _ Date: Name: Title: i`<'., s',.:;. i -363- Northrop Grumman Change Order Derail February 13, 2009 Tote' Change Order Requested 53.735,002 Item AMR System Acquisition 1 Increased use of single MTU's (1) S467,578 Infrastructure Work 2 Round meter pit lids (3) 8000 21.53 172,240 3 Special Pit Lid Solution #2 (4) 400 166.08 66,432 4 Special Pit Lid Solution #3 (5) 400 196.48 78,592 5 Infrastructure work 45450 64.91 (2) 2,950,160 (1) Based upon an increased number of single \4Tt: installations above those originally planned (2) Unit cost of 564.91 is an average cost that is not fixed. Actual cost per conversion will be determined by field conditions encountered at each meter location Work includes changing of meter box, adjusting meter box. installing an inverted riser, installing a riser, changing out shut -off valve and installation of fittings. Note : Ali quantities listed are best estimates at the time of the change order. Actual quantities will be determined by field conditions encountered at each meter location. (3) Round meter pit lids The standard process will be to take out the round meter pit, replace the water meter, convert the account to AMR. reset the pre - existing round meter pit. perform any required infrastructure work, and replace . the metal lid with a 10.5" or 11.375" composite lid. (4) Special Pit Lid Solution #2 — (non- traffic, non -road rated installation) A 10.5` diameter hole would he cur to mount up to tap :Wits underneath the composite lid. A round donut frame will be welded to the underside of the mild steel lid to support a locking, RF transparent composite lid. In cases where pits or vaults contain more than four meters, additional holes may need to be cut into the metal lid. (5) Special Pit Lid Solution #3 — (road rated installation) A I0.5" diameter hole would he cut to mount up to two MTUs underneath the composite lid. A round donut frame would be welded to the underside of the mild steel lid to support the locking. RF transparent composite lid. An additional support bracket will be welded on the underside of the metal lid in traffic areas toreinforce its structural integrity. In cases where pits or vaults contain more than four meters, additional holes may need to be cut into the metal lid. Note that this is the same solution as Solution #2 except for the added support bracket. welded under the lid which has been proposed to add structural integrity for traffic areas. -364- Additional Terms Durit:_ the course of work in Corpus Christi. numerous meter pits have been identified with lids of odd sizes and /nr shapes that fait outside of the stand:: <.1 size lids and are to be addressed and priced separately. Northrop Grumman is offering two (2) approaches for di :ferent scenarios that may be encountered in the field. Upon approval of these approaches, those meters that were skipped because no solution was previously ava0.bte will be revisited and completed with the appropriate approach. Going forward, the appropriate approach will be employed as necessary. The City shat; be responsible for inspecting and approving all aspects of work performed by Northrop Grumman to ensure it meets safety: reliability. and quality standards for the city. The City will notify. Northrop Grumman within thirty (30) calendar days of installation. as it relates to, any issues or defects for immediate correction. otherwise the implemented solution will be deemed accepted and City assumes responsibility. Any additional labor, materials, and all costs that are required, outside of costs necessary to address supplier defects. that were not originally contemplated by Northrop Grumman will be priced and presented to the City separately and are not contained in this change order. Composite lid pricing for items 2. 3 & 4 above is dependent on the price of oil. Should the barrel price of oil exceed S120.00 per barrel. Northrop Grumman reserve the right to renegotiate pricing to reflect added cost of material content. -365- Amendment No 2 to Contract between RAM Technologies, Inc. and City of Corpus Christi, Texas regarding Automated Meter Reading System. Whereas, The City of Corpus Christi ( "City ") and RAM Technologies, Inc ( "Consultant ") executed a Contract regarding Automated Meter Reading authorized by City Council on August 23, 2005 in Motion 2005 -278 and on August 25, 2006 in Motion 2006 -240 ( "Agreement "); Now, therefore, the parties agree to amend the Agreement to clarify the scope of services as follows: 1. City has engaged Consultant to provide services in connection with City's project described as Automated Meter Reading System. 2. Scope of Work. Consultant shall provide additional services for the project in accordance with the attached Exhibit A, Management & Technical Proposal, Years 4 and 5 System Build - Out. 3. Fee. The City agrees to pay consultant for additional services provided in accordance with Exhibit A, based on number of hours of performance, not to exceed $138,000. 4. This amendment takes effect upon execution by the City Manager. 5. All other terms and conditions of the agreement remain unchanged. Agreed to by: CITY OF CORPUS CHRISTI By: Date: 'Angel R. Escobar City Manager RAM Tec olo ies In , By: a -LA I: �'( 4/I - Date: Z/ t ! Zee l"i l Name: � (, •2A S to f lvcn. n w} Title: �ncc...l -t•Li. 1.''i L. {'4,wt (10,. -366- Management and Technical Services Supplemental Proposal For The City of Corpus Christi Automated Meter Reading System Expansion Years 4 and 5 System Build -Out PRESENTED BY RAM Technologies, Inc. February 13, 2009 -367- City of Corpus Christi = AMR Implementation Supplemental Proposal Table of Contents 1.0 INTRODUCTION 4 2.0 EXECUTIVE SUMMARY 5 3.0 ABOUT RAM TECHNOLOGIES, INC. 7 4.0 PROJECT DEFINITION — AMR SYSTEM EXPANSION 9 5.0 SCOPE OF WORK 10 6.0 PROJECT TEAM 12 7.0 PROJECT REQUIREMENTS 12 8.0 PROJECT RESOURCES, DURATION AND COSTS 13 9.0 TERMS AND CONDITIONS 14 RAM Technologies, Inc. Supplemental Proposal 3 -368- City of Corpus Christi — AMR Implementation Supplemental Proposal 1.0 Introduction 1.1 Purpose The purpose of this document is to provide an overview of the additional work efforts to be performed, project duration, personnel requirements, and pricing. We appreciate the opportunity to provide you with this proposal, and look forward to working with the City of Corpus Christi on this important project. If further clarification of the information contained in this document is needed, please do not hesitate to contact us. RAM Technologies, Inc. Supplemental Proposal —369— 4 City of Corpus Christi — AMR Implementation Supplemental Proposal 2.0 Executive Summary RAM Technologies, Inc. (RAM) is pleased to provide this technical services proposal to the City of Corpus Christi for ongoing Project Management Services on the City's behalf for the continued expansion of the Automated Meter Reading (AMR) Initiative. Since the AMR project inception RAM has functioned as the City's Project Management Resource for all phases of the AMR project to date. Subsequent to the development and delivery of the AMR strategy and vendor selection process, RAM has managed all activities on behalf of the City related to the detailed planning and deployment of the AMR solution for the designated pilot, as well as the project expansion over the first three (3) years of the implementation. RAM is currently working towards the completion of the Year 3 expansion phase, and preparing to initiate AMR expansion into Years 4 and 5. RAM is submitting this proposal amendment to accommodate the additional resource requirements essential to completing the AMR expansion work efforts on behalf of the City in Years 4 and 5. These additional resource hours are based on actual project experience, and will increase the hour estimates provided to the City in 2006 for project years 4 and 5. These additional hours are essential to maintaining not only the detailed tracking of vendor progress and financial reconciliation to budget — but also to allow for the ever increasing complexities of estimating materials, the need for dynamic adjustments to scheduled route conversions, and working with all parties to control the ever escalating costs associated with the remediation of the Water Infrastructure in the field. RAM will also continue forward as an integral member of the Project Team and Steering Committee insuring accurate and timely communications to all parties and executives. The need for these additional hours have been realized primarily as a result of the City's decision not to conduct a full survey in advance of the AMR conversion in the field. This proposal outlines the supplemental hours required to achieve the desired project objectives related to the continued expansion of the AMR system expansion across the City in project years 4 and 5. RAM Technologies, Inc. Supplemental Proposal -370- 5 City of Corpus Christi — AMR Implementation Supplemental Proposal The work efforts for AMR expansion will focus on the following areas: • Review and evaluate the logical boundaries and account groupings for the entire five -year build - out, and finalize cycles and routes to be addressed in each ensuing year of the AMR system expansion. • Continue estimating and providing ordering quantities to the City for the required water and gas meters and registers and MTUs for AMR expansion for the account population. These estimates will be prepared by RAM as there is not an anticipated survey planned for years 2, 3, 4, or the beginning of year 51. • Continue to project and monitor escalating water infrastructure costs, and work with the City to define potential alternatives to the continuously increasing water infrastructure issues • Coordinate activities to ensure the AMR system expansion coincides with the WiFi network extension • Coordinate work efforts with City UBO, Water Department, Gas Department, Meter Reading and Field Services personnel for the build -out and conversion of accounts from manual reading to AMR • Maintain financial oversight of vendors to insure invoices correlate to planned work efforts, defined equipment requirements and identified system components, as well as reserved budget • Continually evaluate vendor performance and identify opportunities to refine installation plans as AMR expansion moves forward • Continue regular project status reviews to maintain project schedules, track costs, resolve project contention points, and escalate issues for resolution as required. • Continue to produce and distribute project communication reports See sections 4 and 5 for more detailed information. NGC1S has agreed to perform a survey in year 5 for remaining accounts to refine inventory requirements. RAM Technologies, Inc. Supplemental Proposal 6 —371— City of Corpus Christi — AMR Implementation Supplemental Proposal 3.0 About RAM Technologies, Inc. 3.1 RAM Technologies, Inc. (RAM) RAM is dedicated to delivering technologically advanced solutions that enable our clients to solve business challenges and improve performance. To successfully carry out this mission, we instill a "customer- first" philosophy throughout our corporate culture. This principle guides every facet of our work, to make each encounter with our organization a positive experience. Since our founding in 1981, RAM Technologies evolved into full- service computing organization that specializes in Information Technology management consulting and software development. Our consistent record of quality work has resulted in a solid reputation in the industry. The majority of RAM Technologies' Management and IT Consulting Services have been directed to large -scale projects where the Company and its clients work collaboratively as "partners" to achieve the objectives of each engagement. Primary services include: • PMO (Program Management Office) Initiatives: Establishment and/or supervision of an entity within an organization focused on managing IT project portfolios and resources to enhance project quality and delivery across the enterprise, while monitoring and/or reducing project costs. • Strategic Planning: Development of an IT plan for a company or a business unit, including system infrastructure, staffing needs and support requirements. Management and Operations Consulting: Analysis and recommendations for improving process management for a business unit or enterprise operations. • Management and Operations: Consulting: Analysis and recommendations for improving process management for a business unit or enterprise operations. • Systems Design and Development: Defmition of system requirements, planning, specifications, system design, and programming, documentation, testing, implementation and post - implementation services. ► Solution Evaluation and Integration: Analysis of industry solutions and 3`d party software and technologies for a particular application and integration services to support the deployment of the solution in the customer's environment. • Documentation and Training: Specializing in technical communications using the latest web -based technology and tools. We design and produce software documentation in any of the following formats: WinHelp, HTML -based help, or Adobe Acrobat PDF. RAM Technologies also develops and implements complete user training programs for new or existing software applications using multi -media and/or on -site training approaches. RAM Technologies, Inc. Supplemental Proposal 7 —372— City of Corpus Christi — AMR Implementation Supplemental Proposal 3.2 Summary Information about RAM: RAM Technologies, Inc. 275 Commerce Drive Suite 100 Fort Washington, PA 19034 215.654.8810 Number of Employees: 30 Years in Business: 27 RAM Technologies, Inc. Supplemental Proposal 8 -373- City of Corpus Christi — AMR Implementation Supplemental Proposal 4.0 Project Definition — AMR System Expansion 4.0.1 Define parameters and population for AMR build -out for years 4- 5 Determine the best segmentation of accounts and/or meter reading routes that would satisfy Corpus Christi's desire to execute the AMR system build -out specifically focused on each ensuing years budgeted build -out. 4.0.2 Implement / Manage AMR System Expansion — Years 4 - 5 RAM will work with the vendor(s) to develop detailed plans and schedules for the AMR system expansion. RAM will work directly with the NGIT, National Metering, The City Water and Gas Utility, the Utility Billing office and Utility Field Office to insure communications and proper execution of AMR system expansion. Project managers and the project steering committee must meet regularly to evaluate project progress and resolve any issues that may surface on a timely basis during system deployment. "Best Practices" and "Lessons Learned" should be tracked from the initiation of the expansion to insure the smoothest possible rollout across full system expansion (Years 1 thru 5). 4.0.3 Evaluate each project year - expansion and refine project requirements A formal review and evaluation of each project year expansion will be conducted. This evaluation process will identify any additional opportunities for implementation improvements as the City continues to move through AMR system expansion. During this evaluation period additional project requirements may arise — if this occurs these requirements will be documented for incorporation into the remaining system expansion efforts. System functionality and network performance should be reviewed against anticipated results to refine projections related to a full system expansion. Any identified project contention points should be documented and resolved. Project implementation methodologies should be evaluated for potential streamlining and cost reduction opportunities (realize economies of scale) related to a full system expansion. Project reporting practices should also be reviewed to insure that information is accurate and being distributed in a timely fashion to support system expansion. Project team and steering committee roles and responsibilities should be reinforced, as a continuing requirement for a full system expansion. 4.0.4 Maintain target budget projections for ensuing AMR expansion (years 4 - 5) Target budgets for remaining build -out years will be maintained and reported to project executives and Steering Committee. Proposed budget estimates should include all anticipated software, hardware, equipment, implementation and consulting costs for the ensuing project phases. CIP budget estimates will be reviewed and assembled to be restated for City Council on an annual basis. RAM Technologies, Inc. Supplemental Proposal 9 -374- City of Corpus Christi — AMR Implementation Supplemental Proposal 5.0 Scope of Work 5.1 Scope of Services Following are the summary level services that are required in support of the Corpus Christi AMR system expansion for the years 4 and 5 build -out: A. Define logical boundaries for the AMR build -out (years 4 & 5) • Assist in the definition of logical and geographical groupings of accounts to position meters / accounts for the year 4 and 5 conversion schedule • Prioritize the conversion of the geographical groupings of accounts to AMR that best accommodates the City's budget and materials inventory B. Develop the implementation parameters required to accommodate year two AMR system expansion • Define AMR meter requirements (with City and vendor) and purchasing strategies for water meters and registers to accommodate AMR (no field survey anticipated) • Define AMR meter requirements (with City and vendor) and purchasing strategies for Gas meters and indexes to accommodate AMR (no field survey anticipated) • Define requirements for Hexagram Meter Transmission Units (MTUs) single and dual port to maximize AMR coverage while reducing individual unit costs • Define requirements for composite lids and alternative methods of MTU installs to facilitate the transmission of AMR water meter readings where MTUs are located in water meter pits • Ensure Hexagram DCU volumes and locations accommodate planned build -out population (maximize positioning of DCUs where possible to reduce overall unit requirements) • Continue to project, monitor and track escalating water infrastructure costs — and work with the City and vendor to identify alternatives to control the related expenditure E. Manage / implement the AMR build -out of the City's AMR solution: • Coordinate activities to ensure the AMR system expansion coincides with the WiFi network extension • Coordinate work efforts with City UBO, Water Department, Gas Department, Meter Reading and Field Services personnel for the build -out and conversion of accounts from manual reading to AMR • Maintain financial oversight of vendors to insure invoices correlate to planned work efforts, defined equipment requirements, and identified system components ✓ Manage vendor as they install AMR devices in the field ✓ Review, approve and/or reject vendor invoices based on actual progress in the field RAM Technologies, Inc. Supplemental Proposal 10 —375— City of Corpus Christi — AMR Implementation Supplemental Proposal F. Evaluate each project year build -out and system performance and refine project requirements • Refine business / operational requirements as necessary • Refine financial models for continued system expansion • Review vendors, implementation resources and contractors • Review implementation strategies and resolve any project contention points • Review implementation costs and anticipated returns G. Continued Project Management to support system expansion • Strategic planning and project scheduling • Project Communications and reporting • Vendor management and evaluation • Issue management and resolution RAM Technologies, Inc. Supplemental Proposal 11 —376— City of Corpus Christi — AMR Implementation Supplemental Proposal 6.0 Project Team The project team will consist of resources from RAM Technologies, Inc. and the City of Corpus Christi. Following is a list of identified resources: Christopher Minton — RAM Technologies, Inc. Donald Abrew — RAM Technologies, Inc. Corpus Christi AMR Project Team Resources 7.0 Project Requirements Due to the important nature of this project and desired timeline, it is required that RAM have timely access to the City of Corpus Christi's pertinent documentation and personnel to complete this effort. RAM Technologies, Inc. Supplemental Proposal 12 —377— U7 U U 8.0 Project Resources, Duration and Costs 0 y 0 N N U d a 5 0 5 OD E U N 'Er a 0 .a id 0 O "y N a 'o N g av W O w To 0 0 N 0 04 —378— 0 rn C4 •8 0 0 ea .b T a) 5 u`3 o 0 GO t-- N b 69 0 0 M rn o n 69 $138,701.00 Target Start: August 1, 2008 Target Finish: July 31, 2009 Target Start: August 1, 2009 Target Finish: July 31, 2010 N M 323 N 'O Phase 11 — Year 4 — 5 AMR System Expansion Year 4 estimated hours / costs Year 5 estimated hours / costs Supplemental estimated hours / costs years 4 — 5 —378— 0 rn C4 •8 0 0 ea .b T a) 5 u`3 City of Corpus Christi — AMR Implementation Supplemental Proposal 9.0 Terms and Conditions It is understood that any significant changes in the scope of these efforts may result in an adjustment to the fees stated in Section 8.0, to reflect a lower or higher fee depending upon the circumstances. This proposal is valid until 60 days from the date appearing on the cover, at which time a revised proposal may be required. 9.1 Project Assumptions I. Project will initiate in August of each year and continue for a 12 month period 2. CC resource requirements are in addition to the proposed RAM resources 3. Meter inventory and infrastructure estimates will be prepared utilizing best available information and past experience gained in the AMR Pilot and prior years expansion efforts. 4. Metering components will be readily available in volumes to support AMR pilot requirements 5. Vendor MTU and DCU components will be readily available in volumes to support AMR pilot requirements 6. WiFi will be deployed throughout the areas containing Year 4 & 5 build -out accounts prior to the installation of AMR devices in the field 7. Work will be performed on a Time & Materials basis (against best estimates) RAM Technologies, Inc. 14 -379- 24 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Second Quarter Report of the Health Benefit/Risk Management Fund STAFF PRESENTER(S): Name Title /Position Department 1. Cynthia C. Garcia Director of Human Resources Human Resources 2. 3. OUTSIDE PRESENTER(S): Name Title /Position Organization 1. 2. ISSUE: Because of the unpredictability and fluctuation of the activity in Health Insurance, Workers Compensation, and General Liability, the Council has asked for quarterly presentations of incurred costs, and amounts paid in the Health Benefits/ Risk Management Fund. BACKGROUND: Staff has been making quarterly presentations to the Council for a number of years so that the Council can make adjustments to the Budget as needed and informed decisions regarding insurance premiums. REQUIRED COUNCIL ACTION: None ATTACHMENTS: Quarterly Report Power Point Slides 0 CyntPYia C. Garcia -383- ■ ■ City of Corpus Christi Department of Human Resources Risk Management Fund Report for 2 °d Quarter Period Ending January 31, 2009 -384- Table of Contents Risk Fund Health Plan Update 3 Workers' Compensation 9 General Liabilities 14 —385— Health Plans This report will provide an overview of the City's Self Insured Health Plans, Citicare (Civilian), Citicare Alternate (Civilian), Citicare Fire and Citicare Public Safety expense activities through the second quarter of fiscal year 2009 (August - January) with some comparisons to fiscal years 2007 and 2008. It is important to note that in a self- funded environment there will be month to month variations in claim expenses paid. Expenses for a complete plan year provides a more comprehensive view of total plan costs. These quarterly reports illustrate plan activities at a snap shot in time, and assist in communicating the financial status of the health plans to decision makers. Health Plans During the second quarter of FY09 there was an average of 1,904 active employees enrolled in Citicare, 54 in Citicare Alternate, 387 in Citicare Fire, and 452 enrolled in Citicare Public Safety. As Graph 1-1-1 shows in true numbers, the ratio of employees to dependents insured under Citicare is almost 1:1, whereas the ratio for Fire & Public Safety plans is almost 2:1. This is the first year the Citicare Alternate Plan has been offered. FY 2009 Average Enrollment by Plan Graph H -1 for Active Employees and Dependents L, JUU 2,000 1,500 1,000 500 0 Citicare Fire Public Safety Alternate • Employee 1,904 387 452 54 • Dependent 2,105 772 890 91 3 -386- As shown by Graph H -2, in second quarter FY09 there was an average of 326 Retirees (15 %) enrolled in Citicare compared to 1,904 active employees, 111 Retirees (22 %) in Citicare Fire compared to 387 active employees, 129 Retirees (22 %) enrolled in Citicare Public Safety compared to 452 active employees. There are currently no retirees enrolled in Citicare Alternate. 2,000 1,800 1,600 1,400 1,200 1,000 800 600 400 200 0 FY 2009 Average Enrollment by Plan for Active Employees and Retirees Graph H -2 Citicare Fire Public Safety Alternate • Employee 1,904 387 452 54 ❑ Retiree 326 111 129 0 Graph H -3 on the following page, shows medical, stop loss and pharmacy expenses paid for all plans combined in the second quarter of FY09. As illustrated in these graphs, the overall costs for all plans in FY09 decreased 4% in claims expense paid compared to second quarter FY08. Total medical expenses increased from FY07 to FY08. However, pharmacy expenses have increased each year; a 16% increase from FY07 to FY08, and a 16% increase from FY08 to FY09. -387- $10,000,000 $9,000,000 $8,000,000 $7,000,000 $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 $- Total Medical & Pharmacy Expenses Paid Graph H -3 All Plans as of January 31 $9,120,921 $7,481,949 ` -- $8,379,287 $2,457,599 $1,827,215 FY07 42,123,731 FY08 FY09 • Medical ■ Rx The following graphs H -4 & H -5 show the amount paid for medical & pharmacy expenses per health plan for Active employees (including Cobra participants) as compared to Retiree expenses. Graph H -4 shows that 16% of the Citicare plan's total medical expenses paid are for Retirees, 27% of total medical expenses paid in the Fire plan are for Retirees, and in the Public Safety plan 33% of total medical expenses paid are for Retirees. Graph H -5 shows that 29% of the Citicare's plan's total pharmacy expenses paid are for Retirees, 50% of total pharmacy expenses paid in the Fire plan are for Retirees, and in the Public Safety plan 38% of total pharmacy expenses paid are for Retirees. -388- Graph H-4 FY09 Total Medical Expenses by Subscriber Type Period Ended January 31 ia,uuu,uuu $4,500,000 $4,000,000 $3,500,000 $3,000,000 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $soo,000 $5I $200,000 $100,000 $ Citicare Citicare Fire Public Safety Alternate • Employee & Cobra $4,594,894 $901,784 $1,066,917 $57,390 ❑ Retiree $891,838 $332,573 $533,891 $- Graph H -5 FY09 Total Pharmacy Expenses by Subscriber Type Period Ended January 31 .➢ 1 ,VUY,YYU $900,000 $800,000 $700,000 $600,000 $500,000 $400,000 $300,000 $200,000 $100,000 $_ Citicare Fire Public Safety Alternate • Employee & Cobra $875,963 $314,265 $362,312 $7,839 ❑ Retiree $359,595 $316,501 $221,123 $- -389- Graph H -6 and Table H -1, displayed below, show average cost per employee for medical and pharmacy expenses combined, where employee count is based on active employees, retirees and Cobra participants. The Graph also shows that Citicare had a 20% increase in medical/pharmacy expenses per employee when comparing second quarter Fiscal Year 2008 to Fiscal Year 2009. Citicare Public Safety had a 32% decrease in cost per employee, and Citicare Fire had a 16% decrease in medical costs per employee. Comparison of Zed Quarter Average Monthly Cost Per Employee (Includes Retirees) of Total Medical and Pharmacy Plan Expenses Graph H -6 FY09 Average Monthly Claims Cost per Employee Period Ended January 31 FY08 Average Monthly Claims Cost per Employee Period Ended January 31 Public Safety, 5920,44% Alternate, 3 -, 0% Alternate, *203, 10% Public Safety $626,32% Clacare, 5500, 26% Fire, $623,32% Stop Loss Activity Plan Year: 2008 -2009 There are currently two stop loss cases. 7 —390— Citicare Fire Public Safety Alternate Medical Pharmacy Ave per Medical Pharmacy Ave per Medical Pharmacy Avg per Medical Pharmacy Liam Employee trployee Employee Employee FY08 $ 343 $ 75 $ 418 $ 543 $ 197 $ 740 $ 767 $ 152 $ 920 $ 0 $ 0 $ 0 FY09 $ 408 $ 92 $ 500 $ 412 $ 211 $ 623 $ 459 $ 167 $ 626 $179 $ 24 $ 203 Stop Loss Activity Plan Year: 2008 -2009 There are currently two stop loss cases. 7 —390— Health Plan Budget vs. Actual Table H -2 shows total expenses by plan including medical and pharmacy claims, Third Party administrator fees, and Specific Stop Loss premiums. Table 11-2 Health Plan Actual Expenses (Active Employees, Retirees, and Cobra) Plan Medical RX Admin Fees (Stop Loss & TPA Fees) FY09 Total Citicare $ 5,486,732 $ 1,235,558 $ 865,710 $ 7,588,000 Citicare Fire $ 1,234,358 $ 630,767 $ 197,392 $ 2,062,516 Citicare Public Safety $ 1,600 808 $ 583,435 $ 230,978 $ 2,415,221 Citicare Alternate $ 57,390 $ 7,839 $ 20,754 $ 85,983 Total: $ 8,379,287 $ 2,457,599 $ 1,314,834 $ 12,151,720 Graph H -7 and Table H -3 show the total amounts budgeted for health claims, third party administrator fees, stop loss insurance, life insurance, disability, cafeteria plan and administrative expenses for FY09 in contrast to the quarterly expenditures for the second quarter FY09. Although some of the expenses remain constant each quarter, claims expenditures vary from quarter to quarter based on utilization. Claims activity this year for the second quarter is proportionately on target with the budgeted amounts. We will monitor claims activity closely on a monthly basis to determine if claims costs are going up disproportionately compared to budgeted amounts. Health Plan Annual Budgeted Expenses Fiscal Year 2008.2009 Disability Life Insurance 1% Cafeteda Plan Stop Loss Ins Admin 5% i 1% TPA Fee 5% Health Claims 88% Annual Budgeted % of Total Health Claims $ 23,814,119 88% TPA Fee $ 1,318,908 5% Stop Loss Ins. $ 1,459,508 5% Life Insurance $ 95,000 0 %a Disability $ 147,651 1% Cafeteria Plan $ 20,000 0 % Admin $ 339,817 1% Total: $ 27,195,003 Health Plan Actual Expenses 2nd Quarter FY09 (Aug. -Jan.) Life insurance 0% Stop Loss Ins. 6% TPA Fee 5% Disability D% Cafeteria Plan 0% Admin 1% Health Claims 88% Graph 11-7 Table 11-3 2" Quarter Spent Actual % of Total Health Claims $11,098,387 88% TPA Fee $ 639,660 5% Stop Loss Ins. $ 702,303 6% Life Insurance $ 45,004 0% Disability $ 60,744 0% Cafeteria Plan $ 7,759 0% Admin $ 91,479 1% Total: $12,645,336 8 -391- Risk Management This report will illustrate the Workers Compensation and General Liability claims activity that occurred within the second quarter of fiscal year 2009. Workers' Compensation The total number of claims filed for Workers Compensation has decreased 6% during the first six months of FY09, compared to the number of claims filed in FY08. As illustrated by Graph WC -1 shown below and Table WC -1 shown on the next page, the Fire, Police, Streets, Wastewater, and Parks departments show decreases in the number of claims filed, however the Storm Water department increased 100 %, Solid Waste increased 72 %, and Gas increased 57 %. The number of Police claims decreased from 118 to 89, down by 25 %; Fire had 63 claims in second quarter 2008 and 49 in the second quarter of FY2009, down by 22 %. The number of claims filed by the Streets department decreased 36% and the Wastewater department decreased 40% in second quarter FY09 compared to second quarter FY08. All other departments had insignificant increases /decreases. 500 450 400 350 300 250 200 150 100 50 0 Year -To -Date Claims Count Comparison (Period Ending January 31) FY07 FY08 -392- FY09 Graph WC -1 • All Other • Park & Recreation • Fire • Gas o Storm Water • Water ❑ Solid Waste ❑ Wastewater • Streets o Police 9 Table WC -1 Cumulative 2 "0 Quarter Comparison Claim Counts Department FY07 FY08 FY09 % Change FY08 -FY09 Police 116 118 89 - 24.6% Streets 7 25 16 - 36.0% Wastewater 21 45 27 - 40.0% Solid Waste 56 39 67 71.8% Water 19 23 24 4.3% Storm Water 8 5 10 100.0% Gas 26 14 22 57.1% Fire 71 63 49 -22.2% Park & Recreation 29 45 34 -24.4% All Other 72 78 90 15.4% Total: 425 455 428 -5.9% Incurred costs have declined from 2nd quarter FY2008 compared to 2nd quarter FY2009, going from $699,621.55 to $531,593.10, down 24% as shown by Graph WC -2 and Table WC -2. Storm Water had the largest increase (1309 %) while Parks had the largest decrease (74 %) in incurred costs. Incurred costs also increased in Solid Waste (88 %), Gas (187 %) and Fire (45 %). Incurred costs decreased in Police (69 %), Streets (35 %), Water (51 %) and Wastewater (66 %). $1,000,000.00 $900,000.00 $800,000.00 $700,000.00 $600,000.00 $500,000.00 $400,000.00 $300,000.00 $200,000.00 $100,000.00 $- Graph WC -2 Year -To -Date Incurred Cost Comparison (Period Ending January 31) FY07 FY08 —393— FY09 • All Other • Park & Recreation ❑ Fire • Gas O Storm Water • Water ❑ Solid Waste ❑ Wastewater • Streets p Police 10 Cumulative 2 " Quarter Comparison Table WC -2 Incurred Costs Department FY07 FY08 FY09 % Change FY08 to FY09 Police $190,719.46 $ 271,046.94 $ 84,792.52 -68.7% Streets $ 65,132.59 $ 65,091.61 $ 42,048.63 - 35.4% Wastewater $ 73,582.23 $ 40,881.49 $ 13,783.49 - 66.3% Solid Waste $139,575.29 $ 28,774.53 $ 54,086.14 88.0% Water $ 21,232.06 $ 69,559.03 $ 34,020.27 - 51.1% Storm Water $ 18,438.17 $ 5,981.27 $ 84,262.52 1308.8% Gas $ 33,491.54 $ 14,253.66 $ 41,130.39 188.6% Fire $ 84,812.56 $ 50,547.19 $ 73,294.12 45.0% Park & Recreation $103,462.43 $ 69,627.03 $ 18,232.25 - 73.8% All Other $153,582.20 $ 83,858.80 $ 85,942.77 2.5% Total: $884,028.53 $ 699,621.55 $531,593.10 - 24.0% Graph WC -3, compares incurred cost to actual paid cost on claims filed in the current fiscal year. Our incurred cost as of the second quarter of FY09 was $531,593; paid cost totaled $263,097. Graph WC -3 $1,000,000.00 $800,000.00 $600,000.00 $400,000.00 $200,000.00 Incurred Costs vs. Paid Costs (Period Ending January 31) FY07 FY08 in Incurred Costs • Paid Costs —394— FY09 11 Graph WC -4, represents dollars paid during the second quarter for claims filed in previous years. The total is $950,191, of which 72% were payments on claims filed in FY08. $800,000 $700,000 $600,000 $500,000 $400,000 $300,000 $200,000 $100,000 Dollars Paid in Current Year for Prior Years' Claims Graph WC -4 Prior to FY05 FY05 FY06 FY07 FY08 Graph WC -5 shown next provides claims count data by the type of accident occurring during the first six months of each of the recent fiscal years. The number of accidents due to falls /slips and strains /injuries continue to be fairly consistent from year to year and are two of the most common types of accident the City incurs. Graph WC -5 500 450 400 350 300 250 200 150 100 50 0 Year -To -Date Claims Count by Type of Accident (Period Ending January 31) FY07 FY08 —395— FY09 o All Other ❑ Struck /Injured • Striking Against/Stepping On • Strain/Injury ❑ Police Apprehension • Motor Vehicle o Foreign Body in Eye • Falls /Slips o Cuts /Scrapes O Caught Between • Bums /Scalds cAnimal/Insect Bite 12 Graph WC -6 (Table WC -3) shown next gives claim counts by type of injury. Consistently, strains are the most common type of injury sustained. Sprains, lacerations and contusions are other frequent injury types. 500 450 400 350 300 250 200 150 100 50 0 Year -To -Date Claims Count by Type of Injury (Period Ending January 31) FY07 FY08 FY09 ❑ All Other Injuries • Strain • Sprain 17 Puncture • Glasses /Contacts /Artificial © Multiple Physical Injuries • Laceration ❑ Iniamation ❑ Foreign Body • Contusion (bruise) m Burn Graph WC -6 Table WC -3 shows that the type of injury that has increased the most is Inflammation, up 231 %, followed by Multiple Physical Injuries, up 120 %. Overall, the total number of injuries has decreased 5.9% from 2nd quarter FY08 to 2nd quarter FY09. Table WC -3 Year -To -Date Clams Count by Type of Injury (Period Ended January 31) Claim Type FY07 FY08 FY09 % Change FY08 to FY09 Burn 3 8 10 25.0% Contusion (bruise) 60 60 80 33.3% Foreign Body 12 9 15 66.7% Inflammation 11 13 43 230.8% Laceration 48 55 61 10.9% Multiple Physical Injuries 3 5 11 120.0% Glasses /Contacts /Artificial 1 0 2 0.0% Puncture 21 27 17 -37.0% Sprain 36 33 39 18.2% Strain 94 89 120 34.8% All Other Injuries 136 156 30 -80.8% Total: 425 455 428 -5.9% 13 -396- General Liabilities General Liability claims filed in the 2nd quarter of FY09, compared to 2"d quarter FY08, decreased by 7.2 %, from 374 to 347, as shown in Graph GL -1 and Table GL -1. The largest increases were in Storm Water (25 %) and Streets (24 %), and the largest decreases were in Gas (50 %) and Wastewater (30 %). 400 350 300 250 200 150 100 50 0 Liability Claims Count by Department Period Ended January 31 FY07 FY08 FY09 Graph GL-1 • All Other • Park & Recreation ❑ Fire • Gas ® Storm Water • Water ❑ Solid Waste ❑ Wastewater • Streets 0 Police Table GL -1 General Liability Claims Count By Department (Period Ended January 31) Department FY07 FY08 FY09 % Change FY08 to FY09 Police 73 79 77 -2.5% Streets 53 33 41 24.2% Wastewater 45 60 42 -30.0% Solid Waste 29 35 26 -25.7% Water 29 39 36 -7.7% Storm Water 16 16 20 25.0% Gas 18 30 15 -50.0% Fire 15 21 18 - 14.3% Park & Recreation 16 31 22 -29.0% All Other 48 30 50 66.7% Total: 342 374 347 -7.2% 14 -397- As shown below in Graph and Table GL -2, overall incurred costs increased 40% in 2nd quarter FY09 as compared to 2nd quarter FY08. Incurred cost for Police claims continue as the largest of all departments, with a 69% increase from rd quarter FY08 to FY09. We also saw increases in Water (2638 %), Solid Waste (93 %), Gas (92 %) and Wastewater (65 %). There were decreases in Streets (98 %) and Storm Water (75 %). $1,200,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 General Liability Incurred Costs by Department Graph GL-2 Period Ended January 31 FY07 FY08 FY09 • All Other • Park & Recreation ❑ Fire • Gas • Storm Water • Water ❑ Solid Waste ❑ Wastewater • Streets • Police Table GL-2 General Liability Incurred Costs By Department Period Ended January 31 Department FY07 FY08 FY09 % Change FY08 to FY09 Police $ 162,572 $ 496,008 $ 839,351 69.2% Streets $ 18,476 $ 55,014 $ 1,043 -98.1% Wastewater $ 124,775 $ 10,748 $ 17,699 64.7% Solid Waste $ 23,333 $ 29,376 $ 56,590 92.6% Water $ 21,987 $ 2,453 $ 67,161 2637.7% Storm Water $ 2,888 $ 51,900 $ 13,206 - 74.6% Gas $ 3,699 $ 12,206 $ 23,414 91.8% Fire $ 6,012 $ 13,864 $ 15,853 14.3% Parks $ 1,059 $ 34,092 $ 33,061 -3.0% All Other $ 57,372 $ 74,581 $ 21,200 -71.6% Total: $ 422,175 $ 780,244 $ 1,088,578 39.5% 15 -398- As shown in Graph GL -3 below, the percent of incurred costs actually paid out was 27% in FY07, 25% in FY08 and 28% in FY09. The total number of claims from second quarter FY08 to second quarter FY09 decreased 7.2 %, the total incurred costs increased 40 %, and the paid costs increased 54 %. $1,200,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 Incurred Costs vs. Paid Costs Period Ended January 31 Graph GL-3 FY07 FYOB • Incurred Costs • Paid Costs FY09 General Liability Claims Types The following Graph GL -4 and Table GL -3 show claim counts by type of claim for General Liability claims. Vehicle accidents and damage to vehicles continue to be the largest number of claims filed. Non - vehicular property damage is the next most common. The claim types with the largest increases from FY08 to FY09 are Employment (33 %) and Police related claims (15 %). 16 -399- Graph GL-4 400 350 300 250 200 150 100 50 0 General Liability Claim Types Period Ended January 31 FY07 FY08 FY09 • All Other ❑ Fire • Employment a Policies /Practices /Contract • Personal Injury ❑ Police ❑ Water/Waste Damage • Property Damage ® Vehicle Damage The Employment claim type includes age, gender and racial discrimination and civil rights claims. The Police related claim type includes excessive force, vehicle accident pursuits, and forced entry. Table GL -3 General Liability Claim Types (Period Ended January 31) Claim Type FY07 FY08 FY09 % Change FY08 to FY09 Vehicle Damage 176 193 155 -19.7% Property Damage 110 105 112 6.7% Water/Waste Damage 21 23 25 8.7% Police 9 13 15 15.4% Personal lnjury 15 23 24 4.3% Policies /Practices /Contract 4 7 3 -57.1 % Employment 3 3 4 33.3% Fire 0 1 0 - 100.0% All Other 4 6 9 50.0% Total: 342 374 347 -7.26/0 17 —400— Graph GL -5 charts the amount of money paid during FY2009 for claims filed in previous years. The total amount paid is $860,494, of which 22% were payments on FY08 claims and 72% were payments on FY07 claims. Graph GL-5 $700,000 5600,000 5500,000 $400,000 8300,000 5200,000 8100,000 $ Dollars Paid in Current FY for Prior Years' Claims Period Ended January 31 Prior to FY05 FY05 FY06 FY07 FY08 Motor Vehicle Accidents At the end of the second quarter of FY09, the number of total motor vehicle accidents was 95, compared to 146 for second quarter FY08, down 35 %. The number of total preventable accidents for second quarter FY09 was 51, compared to 62 in FYOS, down 18 %. From year to year, preventable accidents consistently make up approximately 45% of the total number of accidents. 160 140 120 100 80 60 40 20 0 City Vehicle Accidents 2nd Quarter Annual Comparison Graph GL -6 2007 2006 o Number of Accidents • Number of Pre%entables 2009 18 —401— -402- -403- T e, V1 W- A N e V „ODD _tP 0 O O 0 0 O O O O 00 00 00 00 00 00 < 00 O` O ' 0 0 0 0 o O. - 0 00 . O O O O O O 0 00 00 - 0 m K m o 0 0) o co a to m w t S D 0: -r� C x V ; ay tr.. N to Co _. . N N -404- • i � i0 n a) • N A Eft • Nq 0 0 0 0 0 0 0 0 0 0 -405- Eft N V a W A H W CO @ O O O O O O O. O O rat - 0- 0 0 Cl) CD 0) '+ _•1 s - iD CD CD. N CD -406- Police: 32% decrease eseenep %91. :emd eseaaoul %OZ :eaeomo co O O c n S N c 3(D -pc cp 8 al d n_ �D a� 8 °; 3 C7 E a c- o -0 3 CD vm 3 N Q 0) en e m tt -407- k'? " k TI .!ym'1:4: R 1 q h M1 b rc h :4 u nv e N i t ftc -0 2u� u y xm .z y'i r , 13 i ( z Y'. .01/#�S.e- 1,i,8r,�14P:.r n�j,' s0'm y7 4.;vwy. Yh „Nx a x t. a Y 1K'ta 0 ;g 9F1t ., ',w �,� �'N t a � r, P� xz"R � S' e �` 4 � ^k,r 'w4r iy� �.'vf � '�" tr +t n r m ^i �{�N r >, (.. u4 `k`'t A dix $1 ,r ,ry J a f ,J,d,s1 n >/" /` 5t+lr i t. t a 'S+ t3' CFI,. ,ii tv 1frk u1/44 F,Aiip4 x�, J) ,',. $ ai, -i? 4' tf w' H c. t a. 4 y Il't1 �',r�f�h �'„` f ��v: ��yy r��u °r ��'r,^C " t� / � id da {'"h. b ae '7 �"tl � f�1" + v'° 4 4Y n. atymJ t'< h I e r 'Y 4 . K,,'f�.,,h+ c'w d kSE1th {`Sr4",G $j, vgsm- a g,,,,KEy ,' "la,,t't 6+, Y'- A X s G� � +, y rf ,. f 3 ' t c7t � t C 2 �°a, Yhi �J � "�,tT" kh �,f� N Jdm�`S. A :v AI y y Pvx"�r y h r Sir i .�i s '�tt r r $rf I� t�s4�z �!;+' 4t �t "� i 'v y 1 Period ded ' a n� , ry 31 F , , li Medical'', ,,,',.14,4 'r . "a,, ,x;;. Admin;Feas Total 'i (TPA & Stop Loss) - Citicare $ 5,486,732 $ 1,235,558 $ 865,710 $ 7,588,000 Fire $ , 1,234,358 $ 630,767 $ 197,392 $ 2,062,516 Public Safety $ 1,600,808 $ 583,435 $ 230,978 $ 2,415,221 Alternate $ 57,390 $ 7,839 $ 20,754 $ 85,983 Totals: $ 8,379,287 $ 2,457,599 $ 1,314,834 $ 12,151,720 -408- Total: k 3 Cafeteria Plan Disability Life Insurance Stop Loss Ins. TPA Fee Health Claims n 3 ' e m N V Iv CO o W $ 339,817 $ 20,000 $ 147,651 $ 95,000 $ 1,459,508 is W W co co $23,814,119 Budgeted e O e — e 0 e 5% e to a e M 0 i —1 0 m Cafeteria Plan Disability Life Insurance Stop Loss Ins. v D m 0 Health Claims 1 2nd Quarter Spent $ 12,645,336 $ 91,479 w V V CS <n 0) O VO t in A 91 $ 702,303 69 W 0 O O $ 11,098,387 Ff C y e O o O o %0 0) e cm we 88% % of Total tn 0 0 0 aO aM C m ' w O. " - s 8 • W • 2 m n y o d `J n es -I "- N co eo O DI ' - o t o s k m O 0. Of y b in at n m >y S O I a.3 m 0 —409— .s W a d O O N O O O O N o W O O O O .iaWema;seM 0 Ja ;eM ulioig Eil • ❑ • • m T obi D — W s g N d O 7 —410— 0 0 0$ 0 0 0 0 o b 0 O o 0 o o o 0 V , °o , °o , °o , °o 0 oo , °o , °o oo o o O O O 0 0 0 0 00'000`000`14 Ja1eMOIseM 0 ajseM pilog ❑ • �aleM uuolg uoReaJoad '8 >Ned • • O 0 O O 0 O 0 a m5 m • c a� 3 cc 0. c c 0 Q w 3 cn 0 -411- ti 0 oo v 01 o m 0) 0 SOAd o; JoPPd 4, et • 64 N W 8 O 0 0 O o O 0 o o o 00 00 00 o o 0 0 0 44 44 44 01 0) V OD 0 0 0 0 0 0 o 00 0 0 0 0 o o 0 -412- I E o 1 0 N 1 J Qi V V ins co tr -- -412- -413- -414- Dollars Paid in Current FY for Prior Years' Claims - •D -4 m, O 0) N O -< D P n < _ N CO a) O OD. n .: co tiz3 55- -415- _� • 95 Accidents (excl City Vehicle Accider Status � n non- classifiable incidences) • 51 Preventables • # of accidents 1 35% City Vehicle Accidents 2nd Quarter Annual Comparison 160 __._,.._...__.... — ...._.._.. ...._._..._......_...._.._..... — _ ........ ___ _ ...._...__.......---- 146 1 37 140 1,, .: 120 r s - ,:. .'4 z :',‘,3.4.- .sr100 � _ n 80 y i $ Il 60 Y ` 62 I 60 V .. V l I 40 i 7 i i 14 20 .. G.'r;: 6Y7 , ;. 0 2007 2008 2009 a Number of Accidents • Number of Preventables -416- -417- 2! CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Police /Fire Group Health Insurance Program Update Presentation. STAFF PRESENTER(S): Name Title /Position Department 1. Oscar R. Martinez Assistant City Manager - Public Works OUTSIDE PRESENTER(S): Name Title /Position Organization 1. None 2. Additional Background ❑ Exhibits ❑ -421- 677 Oscar Martinez Assistant City Manager 0 mc — — cu co ma a) a E = (xi O L L cm 0 2 L 2 11 ii: v z c o • - i O � ri 2 (3) c ._(:1:3 a� offs_ CO 0_ 5 o cpc Oc (a O (3 P ow m O Q 0 (n � 0 0 o ED -Nr OnO� 0 --- 4 -(OO o�wUv.. 0 0)03UOi� W -a .0 D U HM D L Q W c 0 c D • ii_ 0) 0 D U m 0_ • 0) • c C n 0 o c ( a) E E E w g DWEC w EL WW D cy)� c (13 .>s S C W 0 — LL E U 0) CI n a) 0 9. 42 w - D D 4) U_C O O N — 03 w D U >_C 0D C+a0>'C i 00 (t3COREC DEO- nO UODOwN rn ° OS cL5 co -Dn= ( N��OLO n — o _ n -) t .0 2 0 a C 0 Q 03 L Ocna_ 000 c a) o • :--+ 0= 46 cD w > c 0 �U L w 1- Q-0 e6 5C 0 Id .0 CwD 0= � �.L 0 � is) 2 0 0_ — 00 CO O 0 N N I L E E O N z 0 92 a) Lo o CD o•ui73 m n0 }' v (ca W O ca u) ��� Ems— QE O Wye . 0 C9coD v O_ U co a) O (a -0 > J Q u) 4- D L N IC -CU -3U �caa) }'C� 0 �2'. �U— :O� Ri m a) ca . - � p}, },O o � V) DE O •- _ L L_ O o4_ L x o mw U}OE 1 t0(0o .0s- L�� (n _a a)Q: —x _Q I..L ®p Lpp•���p • -07 n 2 92 O'L� 'p w 2 Ls O -r- t) w 0-0 � o�-0 W wD PaI— s_ CU c[3W P. .0 a) Q ii �O r N CO 'Cr co U O c -a r n� O O U c W +�c an) D. .cisLett O QU at (a)o2w -n0 CU)Oca3) n -0 =0).0 }'5c CcawAra w U Ica. -NL_ JPJANI E 6 ( fN CD c C (n}, O w �U 04.073 ) CO 0 2 . 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D 45 0 vi _c (.W O w n O O o (0W N N � CO 0 0 N 1 D 0) uQ 0 J 0 0 000 O 2 0- O w ON L Et L U) 0 0 U w 0 tom (13 ::n �� 0) moo +, Q L 0 X_C Z ILI I- ----10 it CONIt r r r NNLO) N-N-N {�} ff} to 0 fa 0 U w.0 0 0it0_ U L O w.c (pc fa > �O� _0>+ O � 4- :ra .._'03 },OUwQ -01-73 C L O CD ''N ouzo 0Oc c ( �0 C D O O O o D (n'L NOc CO CD O N > c co • O(U Ny- . � �cO LQ) }, +� O c p- 92 O o c • >c w w c fa E w C a O 2iON� N-t O (1) u) O Q 0 E(VpU EL E c w 'ma) a) ca o La E O O 0 0 c 0) E 000c —,L c O .co (a UU (a c L (a 4) (a7 -1-• O c O O O c Lt O 0_73 V) 92 O n(oUj 0 O C H U a) L • cts 6, U c coo E. 2 N O L c\ � U� L � { 0 0 +-► a) OLc U 0 to CO 0 (Q -0 0J) O Eca) (a 0 > • • U :4"'j >4- 0) (a D Q) S Co a) .O L O CL a z 0 I- w D 0 2( CITY COUNCIL AGENDA MEMORANDUM PRESENTATION February 24, 2009 AGENDA ITEM: Presentation by Sally Gavlik, Director of Parks and Recreation, regarding the newly developed phases of emergency operations for Gulf Beach. STAFF PRESENTER(S): Name Title /Position Department 1. Sally Gavlik Director Parks & Recreation 2. Michele Thomas Superintendent Parks & Recreation 3. Richard Hooks Chief Fire 4. JV Garcia Commander Police 5. Derek Herzog Lifeguard Supervisor Parks & Recreation OUTSIDE PRESENTER(S): Name Title /Position Organization Kyle Garrison Chair Watershore & Beach Advisory Committee ISSUE: N/A BACKGROUND: Due to the increased activity this year during hurricane season, members of City Council and City Staff decided that it would be best if the City developed an Emergency Procedure regarding Gulf Beach. It was decided that a written policy needed to be created and enforced. By doing so, we are hoping to increase the safety of pedestrians on the beach, and decrease the number of accidents and injuries during these times. A safety council consisting of City of Corpus Christi Police and Fire, Legal, Parks and Recreation staffs, Nueces County Beach Supervisors, chairman of the Surfrider Association, and the chair of the Watershore and Beach Advisory Committee came together to form the new Emergency Phases for Gulf Beach. These emergency phases were presented and approved by the Watershore and Beach Advisory Committee and the Parks and Recreation Advisory Committee, November 13, 2008 and December 10, 2008, respectively. REQUIRED COUNCIL ACTION: none Sally Gavlik, rector — 433 —Parks and ' reation Life After Ike Phases of Emergency Operations for Gulf Beach Sally Gavlik Director Parks & Recreation Dept. City of Corpus Christi City Council Meeting February 24, 2009 Background Due to the increased activity this year during hurricane season, members of City Council and City Staff decided that the City needed to develop a written policy needed to be enforced cluing emergency operations. A safety council consisting of City of Corpus Christi Police and Fire, Legal, Parks and Recreation staffs, Nueces County Beach Supervisors, . chairman of the Surfrider Association, and the chair of the WBAC came together to create the new Emergency Phases for Gulf Beach. These emergency phases were approved by: Uie Watershore and Beach Advisory Committee on November 13, 2008 the Parks and Recreation Advison/ Committee on December 10, 2008. —434— 1 DEFINED Storm Surge One foot storm surge -will push the evater up to the base of the dunes. It will not do any damage or wash the sand away, but it will pack the sand. Three foot storm surge - ':dill reach the dunes at Zahn Road. It will create cavities in the sand and sinks cars that are not on solid sand. Five foot storm surge - aeill begin to cause damage to the dunes. Erosion will occur on the base of the dunes causing9 sand to stack up across the beach as the water moves in and out. It will also begin to spread debris and sand on the access roads since the water is '1 funnefne onto them by the dune structure. DEFINED Storm Surge Anything above 6 foot storm surge - will cause significant damage to the dunes and the asphalt on the access roads. Dunes will be cut back as far as 100 feet in narrow places and piles and bollards will be uprooted. Storm surge that is 8 feet or higher- water will reach the main highways on the island. Park Road 22 would be flooded past 361 and the dunes in several, areas on the beach will be completely washed away, —435— 2 Phase One — Clear the Beach Beach Conditions: Storm surge is projected to be 1 foot to 3 feet above the mean high tide Removal of lifeguard stands, trash cans, poles, and port-a- potties from the beach; items are placed on the side of access roads until further notice. Lifeguards will patrol beach by beach rescue trucks and ATV's. Media is notified. Phase Two: Closure of Access Roads Beach Conditions: Storm surge is projected to be 3 to 5 feet above mean high tide Beach is still open, but no cars allowed on the beach. Access roads that do not have gates will be barricaded with road closure signage and water barricades; gates will be locked at Whitecap and Access Road 3A. Signage will then be flipped down at each of the access roads and parking lots. -436- 3 Phase Two cont... CCPD and Beach Lifeguards assist with clearing the beach of vehicles; prior to posting signs and barricades in front of the access roads. Beach -goers are told they can park at Windward Parking Lot, Packery Channel Boat Ramp Parking Lots and /or behind the barricades on each access road. Emergency access lanes will be maintained. Lifeguards are no longer patrolling beach; they are on -call (with CCFD). Media is notified; including local island businesses, hotels, and condos. Phase Three: Closing Parking Lots Beach Conditions: Storm surge is projected to be 5 to 8 feet above mean high tide Windward Parking Lot and the Packery Channel Boat Ramp Parking Lot are closed. Beach lifeguards (with the assistance of CCPD) will notify surfers and swimmers that the beach is closed and it's no longer safe to be in the water. Media is notified; including local island businesses, hotels, and condos. -437- 4 Phase Four: Assess Damage & Clean Beach Condition: Storm surge is below 1 foot above mean high tide City staff goes out and surveys damaged area; takes an account of the amount and type of debris; the quantity of sand along the access roads and sand conditions. Once the tide has gone down and equipment can reach the beach; Beach Operations will begin clearing the debris and removal of sand. Public Safety: While Beach Ops is working on cleaning and clearing the road, the road will remain dose no vehicular traffic on the beach will be allowed; however pedestrian traffic will be allowed once parking lots are open. Phase Four cont.. Priority of work: Windward Parking Lot, Zahn Road, Access Road 3A, Whitecap, Access Road 2, and Access Road 6. Once clean: trash cans, port -a- potties, trash poles and lifeguards stands (if in season) will be placed back on the beach. Media is notified daily of beach access road openings. -438- 5 Additional Signage A Larger flag warning system signs will be ordered and placed on the lifeguard' stands. -- The warning signs will be placed at the entrance of each access road and parking lots. Our goal is to have them placed by May 2009 (before hurricane season begins). !DANE *cMJS SUkF TA OCJT& TH✓ =GULF 'NO 'LIWEDUARDS DN PATI d y -439- 6 21 PIA PROCEDURES PROGRESS REPORT Presented By: Ronald J. Bounds, Assistant City Attorney City of Corpus Christi broad and narrow STEP ONE - Amend CITY OF CORPUS CHRISTI CITY SECRETARY PUBLIC INFORMATION REQUEST POST OFFICE BOX 9277 PHONE: (361) 826 -3105 CORPUS CHRISTI, TEXAS 78469 FACSIMILE: (361) 826-3113 NAME: BUSINESS /AGENCY: _ DATE: MAILING ADDRESS: CITY: STATE: ZIP: PHONE:! ) FACSIMILE: ( ) EMAIL: PLEASE NOTE THAT A BROAD REQUEST WILL INCUR HIGHER CHARGES REQUIRED BY LAW. IT IS 10 YOUR ADVANTAGE TO CLEARLY STATE THE DOCUMENTS YOU ARE SEEKING AS SPECIFICALLY AND NARROWLY AS POSSIBLE. FOR EXAMPLE: BROAD REQUEST "ALL EMAILS, MEMOS, AND OTHER COMMUNICATIONS DISCUSSING THE CITY'S POLICY CONCERNING PROCESSING OPEN RECORDS REQUESTS" SPECIFIC /NARROW REQUEST "THE CITY'S POLICY CONCERNING PROCESSING OPEN RECORDS REQUESTS." DESCRIPTION OF INFORMATION REQUESTED (PLEASE DESCRIBE IN DETAIL. IF YOUR REQUEST IS UNCLEAR, THE CITY WILL CONTACT YOU IN ORDER TO CLARIFY): I AGREE TO THE REDACTION OF INFORM II III IH v rFL IIHLNIII LFi L'. -'_ i;'LE SE CHECK) PLEASE CHECK ONE: !WISH TO IN IL I: I - ✓EH COPES 10 EL V. L (.10 CENTS PER PAGE) LABOR CHARGES WILL BE IMP :: LL E': P PL .1 Ib I: - F 51 042 MORE PAGES Al THE P - -I L F $15.00 PER HOUR, LI I, OVERHEAD (20% OF LABOR). II IIL: I -LL . I IL V WI OF ESTIMATED CHARGES WLL BE 'P IUED FOR ESTIMATED CHAR -L. L LLDING $40.00. A BOND; DEPOSIT MAY BE REQUIRED IF ESTIMATED CHARGES ARE $1 00 OR MORE. IF THE CHARGE F 4 LI ILHL NG YOUR REQUEST IS $5 OR LESS, THE CITY WILL MAKE THE REQUESTED NFORMATION AVAILABLE TO YOU FOR PKf I I III I HL LE" 'L CEY' PT b. PIT AT Orr HILL PNE Of ('HAP ^ -E. I -IA '.IURE OF PE ;Tub. 1 14 3 O .cts ocL E 0 0 • N G) L) 4— O }' O E o r O o CO a 0 W o � N i C 4(4 o cu .(7) 0 es d Q cu E 4E, O ru Cr 0 fu fa c 0 d w w ° 3 fro (/) °00 E L es 0 3 t a C 10 0 0 �' 0 N w 0 t, 0 +�. 0 0 0 Q 0°0a a ° C 3 3 L 3 0 CU C 3 O O C >,c 0 =� 3 w 0 0 L CO �3 L 3 0 c 0 0 N 0 es 0 E 0 s 0 c +'' 1 0 ° 0 0 0 > A C 0 0 cu 0 L 11! E share with 0 0 cu • 4 O es 0 c 0 0 suggestions at L 3 0 0 E cu O L 0 cu s 0 ta, 0 >, 0 0 0 it 0 �Y 1 Y 0 CU t fa =' E -50 mai 0 o 1- • Z • w as a ctl- Q) a a p (O w U_ w • co o 0 w 1 W a W O re w w 0 W V o O c U U LL c O .0 O O Q E E U C U w _ Q L L �, O U Q LL E 0 = O ..--� o o a) • w o a c Q E a- 2 • O Q Q c 0 J.X O Q.- L5 a E CL O= m cot U U J U m 0 0) 0 .co W .L? t O f L— W a) (A ca U m E O o U a) U c 0 U cC E 0 0) c 0 0 U O Q E CV3 s_ Q Q c `` E W a D CU E _ E V 0 0_ W (a 0 E O E O u_ E O IO c-+ O I L O ( c .0 c O U U O 2 W E LL c O co 4- 0) 0) c 0 0 (Account, routing, license plate, vehicle identification, Texas driver's 1 1- Z W 2 H cc a 0 W DC W J z Z_ LL U O c Accounting Vendor Voucher Documentation co Wrecker Bi Expense Documentation a) Appropriation Expenditure Report Revenue Report C O O Q (a 4) c N E U U c .L 1 1 (a 0 0 = a) a) c 0 0 < D a) U c D c a) N Q E O 0 L 0 'L ai cn U) X � c 0 4- c O_ a)}' U_ RS L 13 L i L E a) c 0 CO 0 C O as (D- = o c 0 Q .0 • HUMAN RESOURCES DEPARTMENT (31 I Fire Personnel Recruitment Rosters Fire Personnel Promotional Rosters Entrance Rosters Fire Personne Police Personnel Recruitment Rosters Police Personnel Entrance Rosters Police Personnel Promotional Rosters c O 4E' E O 0 c N 0 m Civil Services Board & Commission Rules t Q O 0 c O Q c O 0 w ~ H H _ O CO a) a) w a) Q O o o a o o - (a i=co +. O a w a) (B O a, U E a o w a) 0 o >, a) o o Q E E �� w ww 1 1 (Social security and insurance policy number redaction required ana HUMAN RESOURCES DEPARTMENT (Cont.) co E E ° co co O O O t co to }' LL LL N O 0 = ca fl E ° �� U a) > .2 a) N ° c (� W( L O O O) C D C co >, ._ = cow .N0�20 �'�QNO ,'�_�aa) CO C O O > �P . L4= -a L— ° O o _o Q c U c O a) p a) ° ° 0 U U' W U a E2 0_ co c 0 • a) a t Q L t� a) ca 1- p >, O = o s= — U o cB U 2 CO c E O L o V a ca .2 0 O , n c E v�� a) L }, E ° ~a o „ a) a o_ ca o E a _c a) _ 2 1 4) ID co U Q Q c 4) -r <a) O 4) O c O L a V co 4) c U 0 Q (1) U c c D c ns U 4) U O U) HEALTH DEPARTMENT (6) t Q 0 c O O (a U a) Q Q a) 0_ o 0_ ca 0) •E E (1) Q U 0 4- a) U U 0 0 0 0 N 0 c nspection Report Food Estab c 0 U Q c 0 c nspection Report ce Cream /Yogurt PAL COURT (A 2 i U rn r ti N. O N c) co > i N o CT 0 N, L C N O � I' Cfl O 0 N N C o N .W Nca ca NCT COU N 0 N N D co 2 co O O c O o O N C CO c M N co Information Made Available Free of Charge: Information Made Available at Charge: Information Subject to AG Opinion: No Responsive Information: 0 0) a) CT m a) 9 �L co U O c L O c D a) co 0) a) Cr 0 0 a) D - T U (6 O c (� L o o 0 ic g Requests Received Since Last Presentation (26 Working Days): 95 N N CT O 0 O CCI L.L co N ca N 2 co 5 To H0 N • Information Made Available Free of Charge: Information Made Available at Charge: Information Subject to AG opinion: No Responsive Information: *Working days N STEP SIX — Future Steps: - Incorporate Survey Suggestions To Extent Allowed by Law - "Preclear" Documents of Additional Departments - Institute "Pilot Program" That Monitors and Evaluates Release of Requested Information By Departments Receiving Document "Preclearance" 13