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Agenda Packet City Council - 12/08/2009
ecember 8, 2009 11:45 A.M. - Presentation on "21St Annual Feast of Sharing" BoldFuture Vision Update Recognition of Park Operations and Tourist District Staff for Regional TRAPS Maintenance Rodeo Awards "At Your Service" Award, City Staff Recognition AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 DECEMBER 8, 2009 12:00 P.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 4:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles- espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361- 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe Adame to call the meeting to order. B. Invocation to be given by Ms. Jeanne Gardiner, Unity by the Sea Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Joe Adame Mayor Pro Tern Priscilla Leal Council Members: Chris N. Adler City Manager Angel R. Escobar Brent Chesney Interim City Attorney Lisa Aguilar Larry Elizondo, Sr. City Secretary Armando Chapa Kevin Kieschnick John Marez Nelda Martinez Mark Scott Agenda Regular Council Meeting December 8, 2009 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: 1. Approval of Council Workshop and Regular Meeting of November 17, 2009. (Attachment # 1) F. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 2. Executive session pursuant to Texas Government Code, Section 551.074 Personnel Matters for deliberations on former Municipal Juvenile Court Judge regarding appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee or to hear a complaint or charge against an officer or employee. 3. Executive Session under Section 551.072 of the Texas Government Code regarding Landry's Seafood & Steakhouse Corpus Christi, Inc. lease of real property in the Corpus Christi Marina, with possible discussion and action in open session. G. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 4) 4. • Arts and Cultural Commission * Corpus Christi Aquifer Storage and Recovery Conservation District * Library Board * North Padre Island Development Corporation * Port of Corpus Christi Authority of Nueces County, Texas H. 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 Agenda Regular Council Meeting December 8, 2009 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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. 1. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and /or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) 5. Ordinance authorizing the City Manager, or his designee, to execute a five -year lease agreement with Landry's Seafood & Steak House - Corpus Christi, Inc. (Landry's), to operate a restaurant barge at the Peoples Street T -Head, including adjacent space for boardwalk, with monthly lease payments of $6,000 from January 1, 2010 through December 31, 2011, $6,300 from January 1, 2012 through December 31, 2013, $6,657 from January 1, 2014 through December 31, 2014, or 2.75% of monthly gross sales, whichever is greater. (Attachment # 5) 6. Motion approving the lease purchase of three (3) brush trucks from Siddons Fire Apparatus, Inc. of Manor, Texas in the amount of $239,830. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). These units are new to the fleet and will be used by the Fire Department. Funding for the lease purchase of equipment will be provided through the City's lease purchase financing program. (Attachment # 6) Agenda Regular Council Meeting December 8, 2009 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 7. Motion approving the lease of a 90 hp tractor with Fuller Tractor Company of Beeville, Texas for the total amount of $52,522.56, of which $10,212.72 is required in FY 2009 -2010. The award is in accordance with Request for Proposal No. BI- 0036 -10 and is based on best value. The term of the lease is for thirty -six months. The tractor will be used by the Park and Recreation Department. Funds have been budgeted by Park and Recreation in FY 2009 -2010. (Attachment # 7) 8. a. Motion authorizing the City Manager or his designee to accept grant funding in the amount of $14,999.80 from the Texas Department of Transportation for an Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP) grant for DWI enforcement overtime within the Police Department with a City match of $6,693.25 and to execute all related documents. (Attachment # 8) b. Ordinance appropriating $14,999.80 from the Texas Department of Transportation for funding of an Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP) grant for DWI enforcement overtime within the Police Department in No. 1061 Police Grants Fund. (Attachment # 8) 9. Ordinance appropriating $639,409 from the estimated program income revenue in the No. 1066 Health Grants Fund as State Fiscal Year 2009 -2010 program income to fund laboratory and public health services for the period of September 1, 2009, through August 31, 2010. (Attachment # 9) 10. Ordinance appropriating $1,232.32 from a grant provided by Time Warner's cable franchise from the general fund reserve for commitment of public access equipment; changing the FY 2009- 2010 operating budget adopted by Ordinance No. 028252 to increase appropriations by $1,232.32. (Attachment # 10) 11. Motion approving the allocation of $58,615.08 from the Hotel Occupancy Tax Fund and $32,884.92 from the General Fund to fund grant contracts with sixteen (16) arts and cultural organizations for a total of twenty -two (22) arts projects. Funding was authorized in the FY 2009 -2010 budget. (Attachment # 11) Agenda Regular Council Meeting December 8, 2009 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 12. Resolution amending City Council policies adopted by Resolution No. 021901 regarding naming of City Facilities, to prohibit the renaming of a facility already named in honor of a person, group, or event. (Attachment # 12) 13. a. Resolution approving the actions of the Board of Directors of the Corpus Christi Business and Job Development Corporation that established the Arena Maintenance and Repair Reserve Account in the Fund No. 1130 "Arena Facility Fund," transferred $150,000 from the Arena unreserved fund balance in the Fund No. 1130 "Arena Facility Fund" to the Arena Maintenance and Repair Reserve Account, and authorized the Corporation's Executive Director to expend funds for repairs and emergency expenditures from the Arena Maintenance and Repair Reserve Account without the approval of the Board of Directors under the same policies and practices as the City Manager is authorized to expend money on behalf of the City of Corpus Christi without approval by the City Council. (Attachment # 13) b. Ordinance appropriating $150,000 from the Arena unreserved fund balance in the Fund No. 1130 "Arena Facility Fund" to establish the Arena Maintenance and Repair Reserve Account; changing the FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 by increasing proposed expenditures by $150,000. (Attachment # 13) 14. Motion authorizing the City Manager or his designee to execute all documents necessary to execute an Administrative Services Agreement with the International City /County Management Association Retirement Corporation (ICMA -RC), a Delaware nonprofit corporation headquartered in Washington, D.C., based in ICMA -RC's proposal submitted in response to the City's RFP # BI- 0200 -09 for Employee 457(b) Deferred Compensation Plan Administration and Investment Services, for a five -year term with the option to renew, subject to approval of ICMA -RC and the City Manager or designee, for up to five additional one -year periods. There are no City funds involved in the service agreement, as the plan is for voluntary employee contributions only. (Attachment # 14) Agenda Regular Council Meeting December 8, 2009 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 15. Motion authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement to accept, process, and dispose of solid waste delivered by Aransas County at the City's Cefe Valenzuela Municipal Landfill for a period of one year, renewable annually until 2029. (Attachment # 15) 16. Motion authorizing the City Manager or his designee to execute a construction contract with R.S. Black Civil Contractors, Inc. of Corpus Christi, Texas, in the amount of $470,000 for the Oso Water Reclamation Plant Aerobic Digester No. 2 Improvements. (Attachment # 16) 17. Motion authorizing the City Manager, or his designee, to execute Amendment No. 24 to the Engineering Services Contract with Pierce, Goodwin, Alexander and Linville, Inc., (PGAL) of Dallas, Texas, in an amount not to exceed $100,023.50, for a restated not to exceed total fee of $3,410,771.10 for additional construction management and inspection services, which were requested by the Federal Aviation Administration (FAA), for the Corpus Christi International Airport Airfield Equipment and Maintenance Facility, Air Rescue Fire Fighting Building Improvements, Terminal Re- Roofing (Old Wing) 2008, Toll Plaza Foundation Repairs, and Terminal Building Addition of Chiller No. 3. (Attachment # 17) 18. Resolution determining a public necessity to acquire a Drainage Easement and a Temporary Construction Easement known as Parcels 25 and 25 -TCE for the North Port Avenue — IH 37 to US 181 street project (BOND ISSUE 2004), a Street and Storm Water drainage project, for the public purpose, use, and construction of storm water drainage improvements and for other related drainage purposes; and authorizing the City Manager and the City Attorney to acquire the subject parcels by means of negotiations or by exercise of the City's power of eminent domain. (Attachment # 18) 19. First Reading Ordinance - Authorizing the City Manager, or his designee, to execute a twenty -year lease agreement with the Corpus Christi Police Officers' Association, a not for profit corporation, for use of City property located at 908 Park Avenue, Corpus Christi, Texas, to operate a youth athletic boxing program, in consideration of monthly rental payments of fifty dollars ($50.00); and providing for publication. (Attachment # 19) Agenda Regular Council Meeting December 8, 2009 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 20. First Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 55 Regarding Public Access Rules and Procedures, to renumber subsections; revising and updating Subsection 1 Rules for Participation, Subsection 2 Technical Standards and Production Requirements, Subsection 3 How Programs are Scheduled and Cablecast, Subsection 4 Defined Terms, Subsection 5 Amendments to Rules, Subsection 6 Violations of Rules, providing for publication; and providing an effective date of February 1, 2010. (Attachment # 20) 21. Second Reading Ordinance — Changing the date of the City of Corpus Christi City Council Elections for 2011 and subsequent years from the first Saturday in April to the May Uniform Election Date, which is the second Saturday in May, and adjusting the City Council terms of office to conform to the new election date. (First Reading — 11/17/09) (Attachment # 21) J. PUBLIC HEARINGS: PLATTING ORDINANCE EXEMPTIONS: 22. Public Hearing to consider and Ordinance exempting Nueces River Irrigation Park, Block 2, Lot 3B subdivision from the payment of wastewater lot or acreage fees under Section V.B.6.I) of the Platting Ordinance; requiring the owner /developer to comply with the specified conditions. (Attachment # 22) 23. Public Hearing to consider and Ordinance exempting Riverside Acres, Block 12, Lots 5A, 5B & 5C subdivision from the payment of wastewater lot or acreage fees under Section V.B.6.1) of the Platting Ordinance; requiring the owner /developer to comply with the specified conditions. (Attachment # 23) STREET CLOSURE: 24. Public Hearing to consider and First Reading Ordinance abandoning and vacating a 82,830- square foot portion of the Resaca Street public right -of -way, located between the N. Tancahua Street and Sam Rankin Street public rights -of -way, subject to compliance with the specified conditions. (Attachment # 24) Agenda Regular Council Meeting December 8, 2009 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) CAPITAL IMPROVEMENT PROGRAM: 25. Public Hearing to consider and First Reading Ordinance approving the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800. (Attachment # 25) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 26. Resolution approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College for development of the Northwest Learning Center, which grants $979,000 for the costs of rehabilitating the existing improvements and constructing the Northwest Learning Center at 13725 Northwest Boulevard, including the purchase of fixtures, furnishings, equipment, and instructional equipment; and authorizing the City Manager, or his designee, to execute a Project Support Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the Del Mar College Northwest Learning Center Business Incentive Agreement. (To be considered at approximately 2 :00 p.m.) (Attachment # 26) 27. Discussion and possible action concerning the Memorial Coliseum project. (To be considered at approximately 2 :30 p.m.) (Attachment # 27) 28. First Reading Ordinance - Renaming the park located at 3221 Richmond at Up River Road and IH 37 from "Jackson Woods Park" to Matthew Thebeau Memorial Park. (Attachment # 28) 29. City Council consideration of an appeal by Bernice Denmon of a Building Standards Board decision to require demolition of the residence located at Lot 19, Block 5, Harlem Park, commonly known as 2817 Lawton Street. (Attachment # 29) L. PRESENTATIONS: Public comment will not be solicited on Presentation items. 30. Mary Rhodes Pipeline Phase II (Garwood) Financial Plan (Attachment # 30) Agenda Regular Council Meeting December 8, 2009 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 31. 2009 Defense Community Conference and Upcoming City /Navy Joint Land Use Study (Attachment # 31) M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 4:00 P.M., OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. N. CITY MANAGER'S COMMENTS: (NONE) Agenda Regular Council Meeting December 8, 2009 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) O. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at ! , C: C, p.m., on December 3, 2009. Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com on the Thursday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by the Friday. Symbols used to highlight action items that implement council goals are on attached sheet. City Council Goals 2009 -2011 RIDE orpus Christi Economic Development Strategic Plan Coliseum Plan Development Process Improvement Support Public Safety Garwood Water Plan Develop Street Plan Community Pride Sustainability and Renewable Energy PRESENT Mayor Joe Adame Mayor Pro Tern Priscilla Leal Council Members: Chris N. Adler* Brent Chesney ** Larry Elizondo, Sr. Kevin Kieschnick Nelda Martinez Mark Scott ABSENT John Marez *Arrived at 9:48 a.m. * *Arrived at 9:56 a.m. MINUTES CITY OF CORPUS CHRISTI, TEXAS Council Workshop November 17, 2009 — 9:45 a.m. City Staff: City Manager Angel R. Escobar Interim City Attorney Lisa Aguilar Assistant City Secretary Mary Juarez Mayor Adame called the Workshop Meeting to order in the Council Chambers of City Hall. Mayor Adame verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Assistant City Manager Oscar Martinez referred to a powerpoint presentation on the three primary factors affecting the general fund budget including sales tax, GASB 45, and the Texas Municipal Retirement System (TMRS); the total budget revenue shortfalls; the recommended options to address the revenue shortfalls for fiscal year 2010 and options for fiscal year 2011. The following topics pertaining to the item were discussed: the average monthly decrease in sales tax from last fiscal year's first quarter sales tax; how other cities outside the TMRS system are funding retirement; the City's required increase for the TMRS contribution rate and the total TMRS contribution; the unfunded liability; whether the city is required to contribute to the TMRS program; contract re- opener for Police union; reviewing the vesting requirements to reduce the long -term GASB liability; timing issues associated with TMRS; the earliest time the City could opt out of TMRS; resolving the issue of GASB 45; the challenge of how the liability for GASB 45 will be recorded for FY09; the option for reserving only the city's contribution for GASB 45; the number of meetings with the unions; the recommendation from the outside consultant regarding GASB 45; the recommendation to have a hard freeze of positions across all City departments; evaluating part-time positions to eliminate TMRS contributions; eliminating or reducing cell phone policy; the mileage reimbursement program; additional options to address shortfalls; engineering fees; suspension of the leave buy -back program; and furlough days. President of the Corpus Christi Police Officers Association Mike Staff stated that there have been discussions between staff and the unions on the GASB issue but reported that the first actual meeting was held on November 5th. Mr. Staff said there are concessions that still need to be worked out and that if a decision was made today to record the liability, it would be irreversible. Council Member Adler asked for the total amount of the City's TMRS contribution. Interim Director of Finance Constance Sanchez stated that the total amount including the required increase is approximately $28 million. Council Member Chesney recommended that the Council set up a series of meetings with the unions and appoint council members to participate in the discussions to —1— Minutes — Council Workshop November 17, 2009 — Page 2 resolve the GASB issue. Mayor Adame directed staff to place the GASB 45 discussion on the agenda for December 15th and announced that he would appoint the council members to be part of the discussions between staff and the unions. Council Member Chesney recommended that the City Council Administration Committee participate in the GASB discussions and the Council concurred. Council Member Kieschnick requested that staff provide a report on the options and issues between the unions and staff. Council Member Kieschnick also requested that staff survey other businesses in the area regarding mileage reimbursement for employees. The Council directed staff to proceed with the consideration to reduce the mileage reimbursement program by reducing the amount paid per mile. Mayor Adame asked staff to consider including options of reduction of salaries and termination to address the shortfalls. Council Member Kieschnick asked staff to look at options for selling unused park land; reducing retiree benefits; reducing festival funding; hiring an outside auditor; hiring a grant writer; and reducing unnecessary documents. Council Member Scott recommended considering ways to reduce cost of private participation for city work. Council Member Leal asked staff to consider alternative holidays as furlough days. Council Member Chesney requested that the workshop meeting be delayed until after the regular Council meeting to allow staff time to provide the Council with cost savings amounts associated with the recommended options to address the sales tax revenue shortfalls and the council concurred. The Council recessed the workshop at 11:37 a.m. * * * * * * * * * * * ** The Council reconvened the workshop at 5:50 p.m. Assistant City Manager Oscar Martinez provided a powerpoint detailing the costs reductions associated with the options to address the sales tax revenue shortfall and stated that staff would prepare an ordinance for approval in January based upon direction by the City Council and staff finalization of budget reduction measures. The following topics pertaining to this item were discussed: the estimate for temporary employees; when staff will receive sales tax revenues for December. Assistant City Manager Martinez stated that staff will be recommending an additional $2 million reduction in January to anticipate additional sales tax shortfalls. * * * * * * * * * * * ** There being no further business to come before the Council, Mayor Adame adjourned the Council workshop at 6:00 p.m. on November 17, 2009. * * * * * * * * * * * ** PRESENT Mayor Joe Adame Mayor Pro Tern Priscilla Leal Council Members: Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick John Marez Nelda Martinez Mark Scott MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting November 17, 2009 - 12:10 p.m. City Staff City Manager Angel R. Escobar Interim City Attorney Lisa Aguilar City Secretary Armando Chapa Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend Michael Doane with Christus Spohn Health System and the Pledge of Allegiance to the United States flag was led by Council Member Kiesch nick. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Adame called for approval of the minutes of the regular Council meeting of November 10, 2009. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * ** Mayor Adame called for consideration of the consent agenda (Items 2 - 15). There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 2.a. MOTION NO. 2009 -319 Motion approving the lease /purchase of one (1) single drum vibratory roller from Anderson Machinery, of Austin, Texas in the amount of $111,605. The award is based on the Cooperative Purchasing Agreement with the Houston Galveston Area Council (H -GAC). The unit is a replacement to the fleet and will be used by the Street Department. Financing for the single drum vibratory roller will be provided through the City's lease- purchase financing program. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 2.b. MOTION NO. 2009 -320 Motion approving the lease /purchase of equipment from the following companies for the following amounts for a total amount of $354,168.99. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative (TLGPC). All units are replacements to the fleet and will be used by the Street Department. Financing for the equipment will be provided through the City's lease- purchase financing program. -3- Minutes — Regular Council Meeting November 17, 2009 — Page 2 Doggett Heavy Machinery Services, LTD Pharr, Texas Line Item: 2 $146,943.99 Holt Cat Irving, Texas Line Item: 3 $91,955 Waukesha- Pearce Industries, Inc. Houston, Texas Line Item: 4 $115,270 Subtotal: $354,168.99 Grand Total (A) & (B): $465,773.99 The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 3.a. MOTION NO. 2009 -321 Motion authorizing the City Manager or his designee to purchase twelve months software licensing and support (January 1, 2010 — December 31, 2010) for the Maximo application suite of software from International Business Machines (IBM) Corporation of Pittsburgh, Pennsylvania in an amount not to exceed $56,279.45 based on sole source. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 3.b. MOTION NO. 2009 -322 Motion authorizing the City Manager or his designee to approve the purchase of continued annual licensing and support costs from International Business Machines (IBM) Corporation of Pittsburgh, Pennsylvania for the Maximo application suite of software subject to annual appropriation of funds based on sole source. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 4. ORDINANCE NO. 028410 Ordinance appropriating $12,242 from contributions in settlement of an enforcement action brought about by the Texas Commission on Environmental Quality in the No. 1067 Parks and Recreation Grants Fund for land acquisition for the Oso Bay Learning Center and Wetland Preserve. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Minutes — Regular Council Meeting November 17, 2009 — Page 3 5.a. RESOLUTION NO. 028411 Resolution authorizing the City Manager or his designee to accept a grant from the Texas Parks and Wildlife Outdoor Recreation Program in the amount of $500,000 in the No. 1067 Parks and Recreation Grants Fund for recreational improvements as part of the Oso Bay Learning Center and Wetland Preserve, with a $500,000 local land match from the acquisition of 48.91 acres (Gaines Property). The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 5.b. ORDINANCE NO. 028412 Ordinance appropriating $500,000 grant from Texas Parks and Wildlife Outdoor Recreation Program in the No. 1067 Park and Recreation Grants Fund to fund recreational improvements as part of the Oso Bay Learning Center and Wetland Preserve. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 6.a. RESOLUTION NO. 028413 Resolution authorizing the City Manager, or designee, to accept a grant from Texas Parks and Wildlife Recreational Trails Program in the amount of $200,000 in the No. 1067 Parks and Recreation Grants Fund for construction of the hiking /walking trail as part of the Oso Bay Learning Center and Wetland Preserve, with a $ 57,935 match from the Fund No. 3291 Parks & Recreation 2009 General Obligation (GO) Capital Improvement Program (CIP) Fund. (BOND ISSUE 2008) The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 6.b. ORDINANCE NO. 028414 Ordinance appropriating a $200,000 grant from Texas Parks and Wildlife Recreational Trails Program in the No. 1067 Park and Recreation Grants Fund to fund construction of the hiking /walking trail as part of the Oso Bay Learning Center and Wetland Preserve. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 7.a. RESOLUTION NO. 028415 Resolution authorizing the City Manager or his designee to execute an Interagency Cooperation contract with the Texas Historical Commission for the period January 1 through December 31, 2010 wherein the Commission provides $30,000 to fund the hiring of a person to conduct a complete reinventory of the La Belle Artifact Collections held at the Corpus Christi Museum of Science and History. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". -5- Minutes — Regular Council Meeting November 17, 2009 — Page 4 7.b. ORDINANCE NO. 028416 Ordinance appropriating $30,000 from the Texas Historical Commission in the No. 1069 Museum Grants Fund to fund the hiring of a person to conduct a complete reinventory of the La Belle Artifact Collections held at the Corpus Christi Museum of Science and History. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 8. MOTION NO. 2009 -323 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with LNV Engineering of Corpus Christi, Texas, in the amount of $370,410 for the Americans with Disabilities Act (ADA) Master Plan. (BOND ISSUE 2008) (CDBG) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 9.a. ORDINANCE NO. 028417 Ordinance appropriating $528,500 from Americans with Disabilities Act (ADA) Lawsuit settlement proceeds into the No. 3530 Street Capital Improvements Program (CIP) Fund for the ADA Improvements Group 1 Project No. E09050 and for other ADA Improvement Projects. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 9.b. MOTION NO. 2009 -324 Motion authorizing the City Manager, or his designee, to execute a Contract For Professional Services with Goldston Engineering, a CH2M Hill Company of Corpus Christi, Texas in the amount of $326,715, for design, bid, and construction phase services for Americans with Disabilities Act (ADA) Improvements Group 1. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 9.c. MOTION NO. 2009 -325 Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with Maverick Engineering of Corpus Christi, Texas in the amount of $353,608, for design, bid, and construction phase services for Americans with Disabilities Act (ADA) Improvements Group 2. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Minutes — Regular Council Meeting November 17, 2009 — Page 5 10. MOTION NO. 2009 -326 Motion authorizing the City Manager or his designee to execute a construction contract with Jhabcres Construction of Corpus Christi, Texas, in the amount of $895,317 for the Kennedy Causeway Lift Station Replacement project for the total base bid. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye''. 11. MOTION NO. 2009 -327 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Naismith Engineering, Inc. of Corpus Christi, Texas, in the amount of $226,125 for Robert Street from Gaines to Ocean Drive. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 12. MOTION NO. 2009 -328 Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Contract for Professional Services with Goldston Engineering, a CH2M Hill Company of Corpus Christi, Texas in the amount of $92,900, for a total re- stated fee of $1,507,750 for Kostoryz Road. (BOND ISSUE 2008) • Kostoryz Road, Phase 1 from Home to Sunnybrook • Kostoryz Road, Phase 2 from Sunnybrook to SPID The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 13.a. RESOLUTION NO. 028418 Resolution authorizing the City Manager or his designee to accept grants from: the Texas Parks and Wildlife Department's Safe Boating Access Program in the amount of $500,000, the Coastal Bend Bays & Estuaries Program in the amount of $50,000, and the Saltwater - Fisheries Enhancement Association in the amount of $67,000 for reconstruction of a boat ramp located near John F. Kennedy Causeway on the north side of State Highway 358 on Packery Channel; with City grant match of $50,000 in the No. 3289 Parks and Recreation CIP Fund for a total project cost of $667,000. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 13.b. ORDINANCE NO. 028419 Ordinance appropriating a $500,000 grant from Texas Parks and Wildlife Department's Safe Boating Access Program, a $50,000 grant from the Coastal Bend Bays and Estuaries Program; a $67,000 grant from the Saltwater Fisheries Enhancement Association in the No. 1067 Park and Recreation Grants Fund for reconstruction of boat ramp located near John F. Kennedy Causeway on the north side of State Highway 358 on Packery Channel; with City grant match of $50,000 in the No. 3289 Parks and Recreation CIP Fund. —7— Minutes — Regular Council Meeting November 17, 2009 — Page 6 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 13.c. MOTION NO. 2009 -329 Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Contract for Professional Services with URS Corporation of Corpus Christi, Texas in the amount of $151,365, for a total restated fee of $181,286, for Billing's Bait Stand and Clem's Marina Boat Ramp Rehabilitation. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 14.a. MOTION NO. 2009 -330 Motion authorizing the City Manager to execute a Deferment Agreement with RRAH Corpus Christi, L.P., (Developer), in the amount $146,980.82 for public improvements including construction of water and wastewater improvements for J. C. Russell Farm Blocks, Block 9, Lot 13A, located west of Old Brownsville Road (FM 665) and north of Bear Lane, in accordance with the Platting Ordinance Section V — Required Improvements, Subsection A. 3. b), contingent upon receipt of an acceptable form of financial document compliant with City requirements. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 14.b. MOTION NO. 2009 -331 Motion approving the Distribution Main Extension Construction and Reimbursement Agreement submitted by RRAH Corpus Christi, L.P., developerofJ. C. Russell Farm Blocks, Block 9, Lot 13A, located west of Old Brownsville Road (FM 665) and north of Bear Lane, for the extension of an 8 -inch water distribution main, including all related appurtenances. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 14.c. ORDINANCE NO. 028420 Ordinance appropriating $9,099.15 from the No. 4030 Distribution Main Trust Fund to reimburse RRAH Corpus Christi, L.P., for the extension of an 8 -inch water distribution main, including all related appurtenances for development of J. C. Russell Farm Blocks, Block 9, Lot 13A, as specified in the Distribution Main Extension Construction and Reimbursement Agreement. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Minutes — Regular Council Meeting November 17, 2009 — Page 7 15. RESOLUTION NO. 028421 Resolution authorizing the City Manager to execute an Interlocal Cooperation Agreement with De! Mar College relating to the participation of the City and Del Mar College in Reinvestment Zone No. Three, City of Corpus Christi, Texas. The foregoing resolution was passed and approved with the following vote: Adame, Adler. Chesney, E!izondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". * * * * * * * * * * * ** Mayor Adame referred to Item 16, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 1009 -09, Owens Brothers: A change of zoning from "B -1" Neighborhood Business District to "AB" Professional Office District, and "R -1 B" One - family Dwelling District to "B-4" General Business District resulting in a change of land use from vacant land use to general business use on property described as: 1) Farmers Row, Block 1, Lot 3C 2) Farmers Row, Block 1, Lot 3E 3) Farmers Row, Block 1, Lot 3D 4) Farmers Row, Block 1, Lot 3A 5) Farmers Row, Block 1, Lot 4 6) A 4.7 acre tract of and out of and part of Lot 2 and Lot 15, Section 10, Flour Bluff and Encinal Farm Garden Tracts. Generally located on the southeast side of South Staples Street, approximately 808 feet southwest of Lipes Street. City Secretary Chapa stated that the Planning Commission recommended approval of the "B-4" General Business District. City Secretary Chapa stated that staff recommended denial of the "B-4" District. Interim Assistant Director of Development Services Faryce Goode -Macon referred to a powerpoint presentation including the description of the subject properties; the neighborhood land use map; the zoning map; the current and proposed zoning; the 2007 aerial view; site existing land use; views of the subject property; the future land use map; departmental comments; and recommendations. John Torrey, 7253 Yaupon, spoke regarding the neighborhood's traffic concerns on Staples Street and asked the Council to keep the current zoning. Brian Stone, representative for Owens Brothers Development, introduced owners Stan and Byron Owens and Emily Rozypal with WKMC Architects. Ms. Rozypal referred to a powerpoint presentation including the master plan for the property; views of the subject property; the future land use; traffic concerns, the Texas Department of Transportation (TxDOT) map of the future median construction, the Corridor Mobility study; layout of the site; and plans for the proposed project. Minutes — Regular Council Meeting November 17, 2009 — Page 8 The following topics pertaining to this item were discussed: the location of staffs suggestion of a 15 -foot easement; the setback on the side and back of the building; the number of parking spaces; the total square footage of the lifestyle space; and the square footage of the impervious cover. Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes as follows: 16. ORDINANCE NO. 028422 Ordinance amending the Zoning Ordinance, upon application by the Owens Brothers, by changing the Zoning Map in reference to (1) Farmers Row, Block 1, Lot 3C, (2) Farmers Row, Block 1, Lot 3E, (3) Farmers Row, Biock 1, Lot 3D, (4) Farmers Row, Block 1, Lot 3A, (5) Farmers Row, Biock 1, Lot 4, and (5) Farmers Row, Block 1, Lot 4, and (6) 4.7 acre tract of land out of and part of Lot 2 and Lot 15, Section 10, Flour Bluff & Encinal Farm Garden Tracts, from "B -1" Neighborhood Business District, "AB" Professional Office District and "R- 113" One - family Dwelling District to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, and Scott, voting "Aye "; Martinez voting "No "; Adame abstained. Mayor Adame referred to Item 17, and a motion was made, seconded and passed to open the public hearing on the following platting ordinance exemption: 17. Public hearing to consider an Ordinance exempting Nueces River Irrigation Park, Biock 2, Lot 2A subdivision from the payment of wastewater lot or acreage fees under Section V.B.6.I) of the Platting Ordinance; requiring the owner /developer to comply with the specified conditions. Assistant City Manager of Development Services Johnny Perales reported that Grace United Methodist Church has relocated and expanding to a property located at FM 624, Nueces River Irrigation Park, Block 2, Lot 2A. Mr. Perales stated that staff and the Planning Commission have determined that wastewater services will not be available to the area within the 15 -year timeframe and recommend waiving of the sanitary sewer requirements. Council Member Scott asked questions regarding the difference between this project and other developments south of the Oso that were denied a waiver. Mr. Perales stated that those projects involved extension of the water system and issues with the looping of the water system. Council Member Leal stated that she did not feel that the City should exempt fees. No one appeared in opposition to the platting ordinance exemption. Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Kieschnick, and passed. Mr. Chapa polled the Council for their votes as follows: 17. ORDINANCE NO. 028423 Ordinance exempting Nueces River Irrigation Park, Block 2, Lot 2A subdivision from the payment of wastewater lot or acreage fees under Section V. B.6.1) of the Platting Ordinance; requiring the owner /developer to comply with the specified conditions. Minutes — Regular Council Meeting November 17, 2009 — Page 9 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Leal voting "No ". * * * * * * * * * * * * * Mayor Adame opened discussion on Item 19 regarding changing the date of the City of Corpus Christi Council Elections. City Secretary Chapa stated that the Legislature passed House Bill 1945 which repealed the section of the Election Code that authorized the City to hold elections in April of odd numbered years. The bill further authorized the city and school districts within the City limits to choose a uniform election date on the second Saturday in May or the first Tuesday after the first Monday in November. Mr. Chapa added that the City was informed by the Secretary of State and confirmed by a legal opinion that the City Charter restricts the City from moving the election to November. The Council is limited to moving elections to the May uniform election date only at this time. Mr. Chapa reported that the Council can select to move the election to November of either even or odd years through a Charter amendment election before December of 2010. Mr. Chapa stated that staff is requesting direction as to whether Council would like to pursue having a Charter election in November to move the election date to either odd or even years in November. The following topics pertaining to this item were discussed: the timeframe for Council to decide whether to hold a Charter election; the costs to the City to hold an election in May or odd /even years in November; surveying what other cities are doing; and the order of the ballot during an odd year election in November. MayorAdame called for comments from the audience. Carolyn Moon, 4902 Calvin, spoke in support of moving the election date in November of even number years. Council Member Scott asked staff to survey whether other cities are holding stand alone elections, or if they have changed to the November election date. The Council directed staff to place an item on the agenda to discuss holding a Charter amendment election next year and present the last Charter Commission recommendations. City Secretary Chapa polled the Council for their votes as follows: 19. FIRST READING ORDINANCE Changing the date of the City of Corpus Christi City Council Elections for 2011 and subsequent years from the first Saturday in April to the May Uniform Election Date, which is the second Saturday in May, and adjusting the City Council terms of office to conform to the new election date. The foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mayor Adame opened discussion on Item 18 regarding options for redevelopment of the Memorial Coliseum. John Bell, Attorney, referred to a powerpoint presentation on the options concerning the Coliseum site including involving third party users with the National Swimming Center, Leisure Horizons, CC Ice Rays or issuing a new request for proposal. MayorAdame called for comments from the audience. David O'Connell, 4106 Castle Valley Drive, spoke in support of the National Swim Center to develop an aquatics center at the Memorial Coliseum. Robin Dinn, 206 Leming, spoke in support of the National Swim Center proposal. Curt Broomfield, 222 Whitely, spoke in support of the swim center. Carolyn Moon, 4902 Calvin, spoke —11— Minutes — Regular Council Meeting November 17, 2009 — Page 10 regarding the use of bond funds to restore or repair and coliseum and support for the swim center or an open air pavilion concepts. Ray Madrigal, 1113 18th Street, spoke regarding the petition submitted to the City Secretary's Office with 9,061 signatures of individuals interested in saving the Coliseum and asked the Council not to vote to tear it down. Dan Vera, 818 Savage, spoke in support of reformatting and rededicating the Coliseum. J.E. O'Brien, 4130 Pompano, spoke regarding the Coliseum generating additional revenue to support the budget shortfall. Mary Lou Huffman, 402 Old Robstown Road, spoke in opposition to demolishing the Coliseum asked the Council to preserve this landmark of the City. Abel Alonzo, 1701 Thames, spoke regarding the issues the council has been presented. Diane Metz, representative of Grow Corpus Christi, spoke regarding economic development growth for the downtown area and showed a video of individuals supporting that development. Trian Serbu spoke in support of an open bayfront concept and in opposition to any proposal to build additional building and structures on the adjacent land. Melissa Hofstetter, 6326 Whitaker, spoke in support of a year round ice skating rink and the Brass proposal. Richard Loya, 1314 Tyler Avenue, spoke in support of ice skating at the Memorial Coliseum. Norman Navarro, Defend Corpus Christi, stated that the Coliseum should honor veterans. Mr. Navarro said he supported development but not the Brass proposal. Jose Mendez, 5817 Crestford, spoke in favor of restoring the Memorial Coliseum. Bob Algeo, 15629 Three Fathoms, spoke regarding the deterioration of the Coliseum and wished the Council luck in coming to a decision for the Coliseum. George Clower, 304 S. Morningside, provided a brief presentation on saving the Coliseum and building a memorial pavilion to become a festival park. Adam Scott, 5440 Everhart, spoke in support of the swim center. Sheila Cudd, 7106 Fort Collins, thanked the council members that opposed the Brass Development project and spoke in favor of a park type development. Blake Farenthold, 601 Ocean Drive, stated that there needs to be an anchor on the south end of downtown and urged the Council to support commerce and not another park. John Kelley, 413 Waco, spoke regarding the master plan and intent of the property. J.J. Hart, 14871 Cobo De Bara; Phillip Ramirez, 322 Santa Monica; Joe Hilliard, 3714 Schwerin Lake; and Mark Minutaglio, provided a presentation and spoke in support of a Discovery Green project concept. Weldon Miller, 10600 Westwood Drive, spoke in support of the Brass or Icerays projects. Carrie Robertson, 4401 Gulfbreeze Boulevard, spoke in support of a Discovery Green concept. Mary Ann Kelley, 4302 Schanen, stated that she was not in support of demolition. Mayor Adame made a motion to demolish the Coliseum and pursue a discovery green type concept for that area to move the community forward. The motion was seconded by Mr. Scott. Council Member Leal requested a copy of the letter sent to Brass to end negotiations. Mr. Bell said Brass was notified by telephone. Ms. Leal asked how the City would fund the $2 million for demolition. Assistant City Manager Oscar Martinez responded that the funding could come from the fund balance or the issuances of certificates of obligation. Council Member Leal spoke in support of continuing the Brass negotiations. Council Member Kieschnick said he could not support the motion on the table for additional park space and recommended amending the motion to pursue demolition and work concurrently with the National Swimming Center Corporation (NSCC). Council Member Chesney stated that he was hesitant to support demolition and did not think it was appropriate to include the discovery green type concept as a viable option. Mr. Chesney encouraged supporting an adaptive reuse for the Coliseum. A brief discussion ensued regarding the legal opinion as to whether the land could be developed and if the property is dedicated as park land. Council Member Adler said that she would like to honor the veterans in some capacity but stated that she supported the motion. In response to Council Member Martinez, City Manager —12— Minutes — Regular Council Meeting November 17, 2009 — Page 11 Escobar stated that the demolition process would take a total of 22 weeks with the City incurring costs immediately for asbestos testing. Ms. Martinez asked whether the Council could negotiate simultaneously with two parties. Mr. Sell reported that the request for proposal only allows negotiations with one party at a time. Ms. Martinez supported the swim center proposal and asked questions regarding the height restrictions and number of guaranteed swim meets for the swim center. Ms. Martinez also addressed the proposal from Leisure Horizons. Council Member Marez stated that he wanted the community to move forward with economic development and supported demolition with a concurrent option. Council Member Scott expressed his frustrations over NCSS's lack of response to questions asked by the Council regarding guaranteed swimming events. Mr. O'Connell with NCSS stated that given the opportunity, NCSS would provide the Council with a business plan and materials supporting the guaranteed swimming events. Mr. Scott spoke in support of a green space to stimulate economic growth. Council Member Elizondo thanked Ray Madrigal and Diane Metz for their efforts to engage the public in the Coliseum process. Mr. Elizondo stated that he could not support the motion with the park option attached. Council Member Leai requested that staff research if the Memorial Coliseum is a building on the preservation list. Council Member Chesney discussed the timetable for demolition; having simultaneous negotiations with NCSS and Leisure Horizons if the parties agreed to it or negotiations with one party if the other is not successful. Director of Economic Development Irma Caballero spoke regarding the Leisure Horizons proposal, their background check, and the commitment of $1 million per year in rent and marketing. Ms. Caballero suggested considering the facets that were offered with the Leisure Horizons proposal. Council Member Chesney urged the Mayor Adame to amend his motion to include demolition, move forward with consideration of the NCSS proposal first and the Leisure Horizons proposal second within the period of time for demolition. Mayor Adame amended his motion to move forward with the demolition of the Coliseum; wait for a title opinion on the use of that land; if the title opinion states that the additional parking area can be used and developed, pursue a low density plan for the development of that area; if it can not be developed, it has to remain a park. Mr. Scott accepted the amendment. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion failed with the following vote: Adame, Adler, Marez, and Scott, voting "Aye "; Chesney, Elizondo, Kieschnick, Leai, and Martinez, voting "No ". Mr. Chesney made a motion to begin process to demolish the Memorial Coliseum and move concurrently to negotiate with the National Swimming Center Corporation (NSCC) during the next 8- week period by January 12, 2010. The motion was seconded by Ms. Martinez. City Secretary Chapa polled the Council for their votes as follows: 18. MOTION NO. 2009 -332 Motion to begin process to demolish Memorial Coliseum and move concurrently to negotiate with the National Swimming Center Corporation (NSCC) during the next 8 -week period by January 12, 2010. The foregoing motion was passed and approved with the following vote: Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Adame, Adler, and Scott, voting "No ". Minutes — Regular Council Meeting November 17, 2009 — Page 12 Mr. Chesney made a motion to make negotiations regarding the Memorial Coliseum public to the extent practical with only proprietary or confidential information reserved for closed session. The motion was seconded by Ms. Leal. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". City Manager Escobar stated that staff would proceed with the demolition by engaging in the inspection and asbestos testing, hiring an architect to provide the specifications for demolition and bringing forth an item for Council approval for reimbursement in anticipation to go out for certificates of obligation. * * * * * * * * * * * ** Mayor Adame called for petitions from the audience. Carolyn Moon, 4902 Calvin, spoke regarding the behavior of the City's parking meter attendants. Dan Vera, 818 Savage, spoke regarding economic development. Tony Hartwell spoke regarding a complaint filed at Animal Control Services. Alicia Benavides, 7252 Mansions, asked the Council to bring back negotiations with Brass Real Estate. Sandy and Glenn Laskowski, 15817 Grenadine, spoke regarding Nueces County shutting down their restaurant at Bob Hall Pier. Mary Ann Kelly, 4302 Schanen, spoke regarding her opinion on the City Charter. * * * * * * * * * * * ** Mayor Adame opened discussion on Item 20 the City of Corpus Christi Economic Development Incentive Policies for 2009 -2011. Director of Economic Development Irma Caballero introduced President and CEO of the Corpus Christi Regional Economic Development Corporation Roland Mower and Patrick Wiltshire with the Economic Development Office. Mr. Wiltshire referred to a powerpoint presentation including a background on the policies; changes to existing policies; and additional to local, state and federal incentives. Mr. Mower stated that a majority of these incentives are available to new and existing companies. The following topic pertaining to this item was discussed: the incentive to encourage use of additional natural gas. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 20. RESOLUTION NO. 028424 Resolution adopting the City of Corpus Christi Economic Development Incentive Policies 2009 -2011. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mayor Adame opened discussion on Item 21 regarding an allocation from the Texas Department of Housing and Community Affairs. Director of Neighborhood Services Eddie Ortega explained that this item was a resolution to accept an allocation from the Texas Department of Housing and Community Affairs appointing Mother Teresa Shelter, Inc as the sole direct designee. Minutes — Regular Council Meeting November 17, 2009 — Page 13 Linda McKamie and Sylvia Ford spoke regarding the expansion of the facility to provide assistance to the homeless. City Secretary Chapa polled the Council for their votes as follows: 21. RESOLUTION NO. 028425 Resolution authorizing the City Manager or his designee to accept an allocation from the Texas Department of Housing and Community Affairs in the amount of $779,446 for the Homeless Housing and Services Program; appointing Mother Teresa Shelter, Inc., as the sole direct designee to provide services, in lieu of the City, for the expansion of daytime shelter services to benefit the homeless; and authorizing the City Manager or his designee to execute all related documents necessary to implement the program. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, and Martinez, voting "Aye "; Kieschnick and Scott were absent. * * * * * * * * * * * ** Mayor Adame recessed for a meeting of the Corpus Christi Community Improvement Corporation (CCCIC). * * * * * * * * * * * ** Mayor Adame reconvened the regular Council meeting. Mayor Adame referred Item 23 regarding an overview of the FY2010 Capital Budget and Capital Improvement Planning (CIP) Guide. Assistant City Manager Oscar Martinez referred to a powerpoint presentation including the capital budget approach; general obligation /certificates of obligation and revenue bond debt service; utility debt service; summary of utility rate model; sample water bills; comparison of water and storm water regional bills; planning commission recommendation; utility project financing cycle; the proposal to manage the CIP pressure on utility rates; and recommendations to be finalized prior to the CIP adoption. The following topics pertaining to this item were discussed: the impact on the credit agency ratings for increase in storm water spending; the regional residential comparison of water and storm water charges; whether Laredo and McAllen have separated storm water fees; the reason wastewater costs are so much; the effect of eliminating projects classified as ongoing maintenance costs; the status of the new master plan; storm water trust funds; how the City is currently addressing the storm water debt; the amount the rating agencies would prefer for the City to spend in the CIP; and future street work to include utilities. * * * * * * * * * * * ** There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 5:43 p.m. on November 17, 2009. * * * * * * * * * * * ** 2 NO ATTACHMENT FOR THIS ITEM NO ATTACHMENT FOR THIS ITEM 4 a. ARTS AND CULTURAL COMMISSION — One (1) vacancy with term to 9 -1 -12 representing the following category: 1 — Marketing. (Appointed by the Mayor subject to confirmation by the Council) DUTIES: To recommend the use, location, lease or purchase of works of art to be considered a part of the beautification or cultural development of the City; to advise owners of private property in relation to beautification of their properties; to prepare specifications for the maintenance of works of art and to inspect such work for the guidance of the City departments concerned; to advise with respect to the design of building, bridges or other structures on city property if submitted to the Commission; to study and evaluate the activities in and the uses made of the Bayfront Arts & Science Park, and to plan the Park's development for the future activities and uses. COMPOSITION: 17 members appointed by the Mayor subject to confirmation by the Council for three -year terms to provide advice on beautification and cultural development of the City. The Commission shall represent the following categories: (2) Marketing representatives; (2) Economic Development/Tourism representatives; (2) Public Space /Public Art representatives; (2) Youth/Education representatives; and one representative from Music, Visual Art, Dance, Drama, Architecture, Texas A &M University, Del Mar College, Civic Leader, and a Business development group such as the Alliance, Hispanic Chamber of Commerce, etc. The mayor may solicit suggested nominations for such appointments from the respective cultural organizations for the non -lay members. The Commission may organize and elect a Chairman annually and adopt such administrative procedures as are necessary to accomplish its purposes. ORIGINAL MEMBERS TERM APPTD. DATE Ericha Kemm (Public Art / Public Space) 9 -01 -11 9 -9 -08 Joe Pena (Visual Art) 9 -01 -10 3 -11 -08 Joseph B. Schenk (Texas A &M -CC) 9 -01 -12 3 -11 -08 Frank Trimble (Architecture) 9 -01 -11 10 -11 -05 Brian Honigbaum (Civic Leader) 9 -01 -10 9 -29 -09 ** *Teresa Crayon (Marketing) 9 -01 -09 12 -9 -08 Heidi Hovda (Business Development) 9 -01 -12 6 -12 -07 Jilissa Cotten (Dance) 9 -01 -10 9 -29 -09 Judith Prewitt, Ph.D. ( Education/Youth) 9 -01 -10 8 -24 -04 Joe Hilliard (Economic Dev./ Tourism) 9 -01 -11 6 -12 -07 Dianna Bluntzer -Dura (Public Art/ Public Space) 9 -01 -12 9 -29 -09 Amorette Garza (Del Mar College) 9 -01 -11 9 -9 -08 Corinne Valadez (Education/Youth) 9 -01 -12 9 -29 -09 Jo Anna Benavides - Franke (Drama) 9 -01 -10 7 -7 -09 Barry L. Brown (Economic Dev. /Tourism) 9 -01 -10 9 -29 -09 Alene Burch (Music) 9 -01 -12 7 -7 -09 Joye LaBarrett (Marketing) 9 -01 -12 5 -09 -06 Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation (Note: The Arts and Cultural Commission is recommending the new appointment of Karina Paris (Marketing). OTHER INDIVIDUALS EXPRESSING INTEREST Angela Cantu Development Facilitator, YWCA Corpus Christi. Received Bachelor of Arts. (Marketing) (4- 20 -09) Christina Cisneros Melissa Espitia Timothy Goss Betsy Kyle Herring Randy Lara Director, American Heart Association. Attended University of Texas, Del Mar College and Texas A &M University- Corpus Christi. Activities include: Planning and Development Board -Chula Vista Elementary, MDA Walk, Bayfest, Beach to Bay, Hispanic Women's Network Mentor /Speaker, Hispanic Chamber Member. Recipient of 2008 Hispanic Women's Network Las Estrellas Award. (Marketing) (2- 23 -09) Ad Sales Coordinator, USDM.net. Attended Texas A &M- Corpus Christi University. Formerly Volunteered with Big Brothers, Big Sisters. (Marketing) (9 -4 -09) Registered Representative /Agent, New York Life. Former Special Agent with United States Army Intelligence. Received Associates Degree from Harold Washington College, BS in Sociology from University of the State of New York and Master of Public Administration from Troy University. Attended Japanese Language School — Read, Writes, and Speaks Japanese. (Marketing) (4- 21 -09) Assistant Administrator, Cardiology Associates of Corpus Christi. Received Bachelors in Business Administration from Sam Houston State University at Huntsville, Texas and Masters in Healthcare Administration from Texas State University at San Marcos, Texas. Activities include: Texas Medical Group Management Association, Medical Group Management Association, American Heart Association, Junior League of Corpus Christi, and Cotillion II. (Marketing) (7- 23 -09) Prepress Supervisor, Printers Unlimited. Attended Del Mar College, Texas A &M University in Kingsville and Southwest Texas State University at San Marcos, Texas. Activities include: Boy Scout Troop #162. Recipient of Addy Awards for Graphic Design and Gold and Silver Aster Awards for Medical Marketing Campaign. (Marketing) (12 -4 -08) Mary Leyendecker Karina Paris Owner, Wow! The Smallest Gallery in Texas. Received BA in Communications from University of Houston. Activities include: Art Center, Downtown Art Walk, Festival of the Arts, Nueces County Historical Society — President, and Gulf Coast Indian Confederation. Member of Editorial /Advertising Staff of We the People Newsmagazine, Cracker Barrell Journal, San Angelo Standard - Times, Angleton Times, Brazosport Facts and KZTV -TV. Recipient of Toby Award from Corpus Christi Council of PTA. (Marketing) (8- 26 -09) Marketing Specialist, Corpus Christi Regional Transportation Authority. Received Bachelor of Liberal Arts /Communications with Minor in Marketing from Texas A &M University - Corpus Christi, Cum Laude Honors. Activities include: Bay Area Fellowship — JANES Ministry and March of Dimes. Featured in Corpus Christi Business Journal. (Marketing) (10 -5 -09) Britni Summers -Brown Sales and Marketing Coordinator, Cricket Communications. Received BA in Communications from Texas A &M University - Corpus Christi. Activities include: Rebuilding America, National Rebuilding Day, and TAMU -CC Alumni Association. Recipient of Cricket Communications - Annual Leaps and Bounds Award Recognition. (Marketing) (1- 12 -09) Jennifer Taylor IT Recruiter, Integrity Workforce Solution. Received Associates Degree - Paralegal. (Marketing) (8- 10 -09) b. C.C. AQUIFER STORAGE AND RECOVERY CONSERVATION DISTRICT — Three (3) vacancies with terms to 12- 31 -13. DUTIES: To develop and protect municipal aquifer storage areas created by the City of Corpus Christi. The district may implement and develop aquifer storage and recovery proj ects. COMPOSITION: Five (5) directors appointed by the City Council to serve staggered four -year terms. If a vacancy occurs on the board, the board may appoint a director to serve the remainder of the term. The board shall annually elect officers and officers must be confirmed by the City Council. The initial directors shall draw lots to determine which three (3) directors shall serve four -year terms that expire at the end of the calendar year four years after the effective date of the Act, and which two directors shall serve two -year terms that expire at the end of the calendar year two years after the effective date of the Act. ORIGINAL MEMBERS TERMS APPTD. DATES Gustavo Gonzalez 12 -31 -11 10 -02 -08 Rudy Garza 12 -31 -09 10 -02 -08 Oscar Martinez, President 12 -31 -11 12 -13 -05 Margie Rose, Vice -Pres. 12 -31 -09 12 -11 -07 Fred Segundo, Secretary 12 -31 -09 12 -11 -07 (Note: City Manager Angel R. Escobar recommends the reappointments of Rudy Garza, Margie Rose, and Fred Segundo.) c. LIBRARY BOARD - Five (5) vacancies with terms to 11 -5 -11. DUTIES: The committee shall be advisory to the City Council and its duties shall be to investigate and recommend to the Council matters relating to library services. COMPOSITION: Nine (9) members, seven (7) members shall be appointed for two - year terms by the City Council, one (1) member shall be nominated by the La Retama Club, and one (1) shall be nominated by the Friends of the Corpus Christi Public Libraries Board for a term of two- years. Each nominee must be confirmed by a majority of City Council Members. MEMBERS * *Roel Carmona, Vice -Chair *Lawrence Jordan *James M. Martin Dr. Stuart Elovitz *Lucy McCracken * *Andrea Naismith Michael Flores, Chair Barbara Head, La Retama Club Natalie Rogen, Friends of C.C. Libraries Sue Stanford TERM 11 -05 -09 11 -05 -09 11 -05 -09 11 -05 -10 11 -05 -09 11 -05 -09 11 -05 -10 11 -05 -10 11 -05 -10 Honorary, non - voting ORIGINAL APPTD. DATE 2 -19 -08 2 -10 -09 2 -19 -08 2 -10 -09 11 -08 -05 11 -08 -05 5 -13 -08 2 -10 -09 2 -10 -09 1 -17 -03 (Note: The Library Board is recommending the new appointments of Mary Jane Garza and John B. Keys. They are also recommending as first alternate, Sherri Darveaux and as second alternate, Raul Torres.) ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NAME Lawrence Jordan James M. Martin Lucy McCracken NO. OF MTGS. THIS TERM 10 10 10 NO. PRESENT 10 9 10 OTHER INDIVIDUALS EXPRESSING INTEREST Angelica Carmona % OF ATTENDANCE LAST TERM YEAR 100% 90% 100% Salon Manager, Planet Sol Hair Salon. Attended Texas &M University - Corpus Christi. Activities include: Corpus Christi Pregnancy Center, Mission 911, and City Church Corpus Christi. Graduate of Leadership Corpus Christi Class 37. (6 -5 -09) Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation -31- Christina Cisneros Sue Crowson Sherri Darveaux Mary Jane Garza Meredith N. Grant Director, American Heart Association. Attended University of Texas, Del Mar College and Texas A &M University - Corpus Christi. Activities include: Planning and Development Board -Chula Vista Elementary, MDA Walk, Bayfest, Beach to Bay, Hispanic Women's Network Mentor /Speaker, Hispanic Chamber Member. Recipient of 2008 Hispanic Women's Network Las Estrellas Award. (2- 23 -09) Assistant English Professor, Del Mar College. Received a BA and MA in English from Texas Tech University and PhD in English from Texas Woman's University. Certified Public School Teacher in English and History. Activities include: Serve on Several Del Mar College Campus Committees and Member of National Council Teachers of English. (4- 29 -09) Retired, Former Librarian, Engineering Training Developer, and Trainer Business Software Applications. Received Master of Arts in Education, from University of Texas at San Antonio, Texas and Master of Library Science from University of Arizona. Attended Executive Program at Anderson Graduate School of Business, University of California, Los Angeles. Activities include: Member of National Library Science Honor Society and Local Antiquing Group. (Currently serves on the Leadership Committee for Senior Services, but will resign if appointed to this board.) (4- 21 -09) Assistant Superintendent, West Oso Independent School District. Doctorate in Education and Masters in Counseling and Psychology. Activities include: Bishop's Guild, Symphony Guild, Red Cross Board, Art Museum Trustee, Del Mar Foundation Board, and Texas A &M President's Council. Serves on the Citizens Advisory Health Board. (Currently serves on the Commission on Children and Youth, but will resign if appointed to this board.) (6 -17- 09) Homemaker. Received B.A. in English from Texas A &M University - Corpus Christi. Certified Interior Decorator. Activities include: Junior League of Corpus Christi, Art Museum of South Texas, and Beautify Corpus Christi Association. (10- 14 -08) Zak Hardage Ida Alvarado Hobbs William Paul Hunt Supply Officer, United States Navy. Received BA in Political Science from Principia College. Activities include: Team ALS -C3 Racing Team and STARRS Cycling Club. (11- 20 -08) Registered Nurse, Corpus Christi Medical Center. Received Bachelor of Science in Nursing. Activities include: CASA Volunteer. Recipient of Outstanding CASA Volunteer of the Quarter. (4- 22 -09) Retired, Environmental Engineer. Received a Bachelors Degree in Meteorology from Texas A &M University- College Station. Formerly Served on the Corpus Christi Regional Air Shed Committee. Activities include: Tutoring. (6 -4 -09) Teresa J. Irvine Nurse, State of Texas, DADS, CCSSLC. Received a Master of Science in Nursing from UTHSCSA. (11- 20 -09) John B. Keys Edward Kownslar 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. (11- 13 -09) Librarian, Texas A &M University - Corpus Christi. Received BS in Journalism from University of Kansas, MS in Library Science from University of North Texas, and Master of Public Administration from Texas A &M University - Corpus Christi. Activities include: Board of Director, Family Counseling Services of Corpus Christi, 2004 -2006, Texas Library Association, Various Committees, 1999 -2007, and American Library Association, Various Committees, 1998 - Present. (10 -9 -08) John Douglas McMullan Professional Engineer, Freese and Nichols, Inc. Received Bachelor of Engineering. Activities include: American Society of Civil Engineers, Water Environment Federation, and Volunteer at St. Pius X School. (1- 21 -09) Ken Muir Attorney Advisor, Corpus Christi Army Depot. Received B.A. in Economics and International Studies with a Minor in Spanish and Juris Doctor. Activities include: Volunteer Coordinator Flour Bluff Chess Club and Volunteer Tournament Director Optimist Coastal Bend Chess Federation. (4- 15 -09) Delia Dolores Oliveira Amber Sayre Brian Solarek Raul Torres Court Reporting Instructor, Del Mar College. Received AAS in Court Reporting from Del Mar College and BS in Occupational Training and Development from Texas A &M University - Corpus Christi. Activities include: Coastal Bend Court Reporters Association, Texas Court Reporters Association and National Court Reporters Association. (7- 22-09) Currently Attends Del Mar College, Registered Nurse Program. (10 -6 -09) Logistics Lead, Boeing. Received Bachelor's Degree in Management. (4- 14 -09) Owner, Raul Torres CPA. Received BA and MBA from Texas A &M University - Corpus Christi. Activities include: Texas Society of CPA's and International Association of Registered Financial Consultants. (2 -3 -09) d. NORTH PADRE ISLAND DEVELOPMENT CORPORATION — Five (5) vacancies with terms to 12- 31 -11. DUTIES: To manage the Reinvestment Zone No. Two and implement the project and financing plan. COMPOSITION: Not less than five (5) nor more than nine (9) directors, appointed by the City Council. Each initial Director shall serve a term that expires on December 31, 2002; thereafter, terms are two years. Each director must be a resident and qualified elector of the city. Each Director shall serve until a successor is appointed. Any director may be removed from office at any time, with or without cause, by the City Council of the city. MEMBERS TERM Joe Adame 12 -31 -09 Chris N. Adler, President 12 -31 -09 Brent Chesney 12 -31 -09 John Marez 12 -31 -10 Kevin Kieschnick 12 -31 -09 Larry Elizondo 12 -31 -09 Nelda Martinez, Vice President 12 -31 -10 Priscilla Leal 12 -31 -10 Mark Scott 12 -31 -10 *Terms are due for Joe Adame, Chris N. Adler, Brent Chesney, Kevin Kieschnick, and Larry Elizondo. e. PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX — One (1) vacancy with term to 1 -1 -13. DUTIES: Those set in Article XVI, Section 59 of the Texas Constitution. COMPOSITION: Seven (7) members appointed as follows: three (3) City Council, four (3) Nueces County Commissioners Court and one (1) San Patricio County for staggered terms. ORIGINAL MEMBERS TERM APPTD. DATE *Ruben Bonilla, Jr. (City), Chair 1 -01 -10 08 -12 -97 Francis I. Gandy, Jr. (City) 1 -01 -12 12 -09 -08 Richard M. Borchard (County) 1 -01 -12 12 -17 -08 Robert J. Gonzalez, Sr. (County) 1 -01 -12 01 -11 -00 Kenneth Berry (County) 1 -01 -11 11 -23 -04 Mike Carrell (City) 1 -01 -11 08 -28 -01 Judy Hawley (San Patricio) 1 -01 -10 01 -01 -04 INDIVIDUALS EXPRESSING INTEREST Cliff Atnip Norman Baker Richard Bell Real Estate Sales, Cobb, Lundquist & Atnip. Received Bachelor of Business Administration from Baylor University. Activities include: Church and Toastmasters. Currently Serves on the Building Code Board of Appeals and CCCIC/Loan Review Committee. (6 -5 -09) Owner, Estoy Pronto, Inc. Received B.S from Eastern Illinois University. Activities include: Central Illinois Bank Board Member, Marine Bank Board Member, Plastic Container Corporation Board Member, and Padre Island Business Association. (5 -8 -09) Director, Texas A &M Corpus Christi — Coastal Bend Business Innovation Center. Received a BS in Management and MA in Accounting. Activities include: CCYC, YWCA and Corpus Christi Sunrise Rotary. Licensed United States Coast Guard Master. (10- 12 -09) Legend: *Tenn has expired and is ineligible for reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation Dianna Bluntzer -Dura Curt L. Broomfield Rodney Buckwalter James Chrobocinski Ralph Coker Realtor. Received BA in Art History from The University of Texas at Austin. Attended Sotheby's, London, United Kingdom, Works of Art Program, Universidad Iberoamericana, Ciudad de Mexico and Loyola University, New Orleans. Recipient of Multiple Sales Achievement Awards. Currently Serves on the Arts and Cultural Commission. (9- 21 -09) CEO, South Beach, Inc. Retired from United States Marine Corps. Activities include: Coast Guard Auxiliary, USO Board and Rotary Club. (9 -8 -09) Director, Vendor Management, First Data Corporation. Received A.A. from Del Mar College, B.A. and M.S. from Texas A & M University — Corpus Christi. Currently Pursuing PhD. Activities include: Del Mar College Business Development Advisory Committee and Texas A &M University - Corpus Christi Alumni Association. (6 -5- 09) Manager of Oncology Department, Christus Spohn Memorial and Realtor, RE /MAX Padre Island. Registered Nurse. Attended Del Mar College and Park University- Healthcare. Recipient of Beautify Corpus Christi - Volunteer of the Year. Activities include: President - Beautify Corpus Christi Association, Flint Hills Resources Community Action Council, College Tech Prep Board of Directors, and Island Foundation School Board Member. (11 -9 -09) Retired. Formerly Vice President and General Manager of Coastal Corporation. Received Bachelor of Industrial Engineering. Served in the Military Reserve. Activities include: Corpus Christi Chamber of Commerce — Co -Chair of Infrastructure Group and Ex Officio Member, Mediator with Nueces County Dispute Resolution Center and Coastal Bend Business Innovation Center Advisory Committee. Past District Director and Past Chair of Local Chapter of SCORE. Recipient of Corpus Christi Chamber of Commerce Chairman's Award and 2006 SCORE Counselor of the Year. (11 -9 -09) 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. (5- 12 -09) Vincent E. Doyle Melissa Espitia Norma Franklin Victor Frazier Roland Gaona Mike Garey Mary Jane Garza Patrick Geary Engineering Service, Corpus Christi Army Depot. Received Trade School Vocational Certification. Interested in Serving Community. (4-1 7-09) Ad Sales Coordinator, USDM.net. Graduated from Texas A &M- Corpus Christi University. Activities include: Art Musuem of South Texas, Womens Shelter and The Cattery. Formerly Volunteered with Big Brothers, Big Sisters. (9- 4-09) Received Associate of Arts Degree from Texas A &M University -CC. Activities include: Police Department Volunteer, Civil Air Patrol, Angel Food, Opening Doors, Science Fair Judge, and Blood Bank Member. Recipient of 2005 Shining Star Award from Coastal Bend Advocacy Development. Currently serves on the Retired and Senior Volunteer Program Advisory Committee. (4- 13 -09) Student Supervisor, Texas A &M University - Corpus Christi. Received a BA, MA, MS, and PhD. Activities include: Minister - Church of Christ. (4- 16 -09) Commercial Realtor, Self - Employed/The Clower Company. Attended College. Activities include: LULAC. (5- 27 -09) Preparation Chef, OMNI Hotels. Received degree in Architecture from University of Arkansas and a degree in General Business from Texas A &M University - Corpus Christi. Activities include: Habitat for Humanity. (4 -22- 09) Assistant Superintendent, West Oso Independent School District. Doctorate in Education and Masters in Counseling and Psychology. Activities include: Bishop's Guild, Symphony Guild, Red Cross Board, Art Museum Trustee, Del Mar Foundation Board, and Texas A &M President's Council. Serves on the Citizens Advisory Health Board and the Commission on Children and Youth. (6-1 7-09) Owner, Fiesta Insurance Corporation. Attended University of Houston. Who's Who Among American Small Business Owners. Member of Chamber of Commerce. (5- 18 -09) Paul Grivich Eduardo Hinojosa James Hoenscheidt Gail Hoffman William Paul Hunt Robert Jacobi Shon Jimenez Owner, Grivich Minerals & Mining Corporation. Received Bachelor of Science Degree from Sam Houston State University. Serves on the Nueces County Civil Service Commission. Formerly served as Vice -Chair of the Nueces County Appraisal District Board of Directors. Former Director of Hispanic Chamber Commerce and City of Corpus Christi Zoning Commission. (4- 14 -09) Retired Administrator, State of Texas. Received a Master's degree. Member of the Planning Decision Making Committee for Kostoryz Elementary School and the South Texas Property Rights Board. Received the "Rancher of the Year" Award. (4- 13 -09) Broker Associate, Joe Adame & Associates, Inc. Attended College. Special Award for Value Improvement Program. (5- 28 -09) Executive Director, Images for Conservation Fund. Formerly Executive Director, Associated General Contractors. Received Bachelor of Arts (Government) from the University of Texas at Austin. Graduate of Leadership Corpus Christi Class XV and Leadership Texas 2002. Activities include: City of Corpus Christi Development Services Advisory Group, Co -Chair of the Images for Conservation Photo Contest South Texas, Business Partner with Moody High School Industrial Trades Academy, and Corpus Christi Independent School District Career and Technology Advisory Committee. (12- 16-08) Retired, Environmental Engineer. Received a Bachelors Degree in Meteorology from Texas A &M University- College Station. Formerly Served on the Corpus Christi Regional Air Shed Committee. Activities include: Tutoring. (6 -4 -09) Retired, Deputy Director of the Port of Corpus Christi. Received BS from United States Merchant Marine Academy, MS from University of Connecticut at Storrs, and MBA from University of Texas at Austin. Activities include: Volunteer at Driscoll Children's Hospital and Kids in the Neighborhood Head Start. (5- 21 -09) President, Metal Scene News Corp. Currently Attending Colorado Technical University Online. Activities include: Organization for Single Fathers —Child Support and CorpusChristiBayArea.com. (8- 31 -09) Alfred B. (Al) Jones Rose Mary Knippa Robert Kostelnik Ed Labay Randy Lara Reynaldo A. Madrigal Ronald J. Moore Chairman and CEO, American Bank. Received a Degreee in Finance from the University of Texas at Austin. Activities include: Federal Reserve Bank of Dallas -San Antonio Bank CEO Advisory Council, Texas A &M University - Corpus Christi Foundation, Christus Spohn Health System, Governor's Business Council, Spohn Investment Corporation and Independent Bankers Association of Texas. Recipient of Outstanding Leadership Award- Leadership Corpus Christi, Henry B. Baldwin Leadership Award and Russell Kirkland Distinguished Visitor Award. (6- 12 -09) Owner, Valdez Fleet Sales. Attended Del Mar College and Business College. Formerly Served on Nueces County Appraisal Review Board. (4- 13 -09) President and CEO, Cinatra Clean Technologies, Inc. Received BS in Mechanical Engineering from University of Missouri- Rolla. Registered Professional Engineer. Director of Methanex Corporation. Activities include: National Petrochemical and Refiners Association, Associated Chemical Industry of Texas and Louisiana Chemical Industry Alliance. (11 -9 -09) Vice President, AGCM, Inc. Received a BS in Building Construction from Texas A &M University - College Station. (4- 16 -09) Prepress Supervisor, Printers Unlimited. Attended Del Mar College, Texas A &M University at Kingsville and Southwest Texas State University at San Marcos. Activities include: Boy Scout #162. Recipient of Addy Awards for Graphic Design and Gold and Silver Aster Awards for Medical Marketing Campaign. (12 -4 -08) Self - Employed. Received Associate Degree in Applied Science from Del Mar College and Bachelor of Science from Texas A &M University — Corpus Christi. Activities include: American G.I. Forum. (6- 24 -09) Plant Manager, Coastal Bend Surgery Center. Owner of Coastal Mediations. Received Associates Degree in Paralegal Studies and Mediation Certification form the South Texas College of Law. Activities include: Dispute Resolution Center, Better Business Bureau Mediation Program, Texas Sandfest and Adopt -A- Beach. (10 -6 -09) Joel S. Mumphord Adam Nuse Keith Parker Retired, Encycle, Inc. Served in Law Enforcement. Activities include: Host of T.V. Show, Community Action Agency, Molina Neighborhood Day Care, HIALCO President. (5- 21 -09) Vice President, Corpus Christi Hooks Baseball Club. Received Business /Marketing Degree from University of Oklahoma and Masters Degree in Sports Management from Wichita State University. Activities include: USO of South Texas and American Red Cross. Graduate of Leadership Corpus Christi Class 37. (8 -4 -09) Senior Mechanical Engineer, Bath Engineering/Noresco. Received BS in Mechanical Engineering. Activities include: ASHRAE and AEE. Serves on the CCCIC/Loan Review Committee. (4- 23 -09) Heriberto A. (Tony) Pineda GS -11 Quality Assurance, Department of the Navy. Retired United State Navy. Activities include: American Society for Quality and USO of South Texas Volunteer. Recipient of Southeast Asia Service Medal, Navy Expeditionary Medal and Global War on Terror Medal. (10 -6 -09) Richard Pulido Senior Program Manager for IM/IT, SMARTnet, Inc. Formerly Regional Superintendent /Joint Program Director, United States Navy Space and Warfare Command. Received BS, Business Management from Park University and MS Management Graduate Degree at Embry - Riddle University. Retired Chief United States Navy. Activities include: Senior Deacon and Chairman — Master Plan Committee at Real Life Fellowship. (11- 20 -09) Elizabeth Chu Richter CEO, Richter Architects. Received Bachelor of Architecture from University of Texas at Austin. Activities include: Christus Spohn Health System Board Member, San Antonio Branch Board Member, Texas Society of Architects, The Shape of Texas Radio Program and Corpus Christi Regional Economic Development Corporation Board Member. (4- 15 -09) Guadalupe V. Salinas Administrative Assistant, Pathfinder Energy /Smith International. (8- 24 -09) Woodrow Mac Sanders Amber Sayre Latrice M. Sellers Retired - Medical Social Worker, Texas Department of State Health Services. Received Bachelor of Arts from Texas A &I University, Kingsville, Master of Science- Psychology /Counseling and Guidance from Corpus Christi State University and Post Masters Degree work toward ED.D. Activities include: Licensed Baccalaureate Social Worker, Adjunct Professor of History at Coastal Bend College, and Board Member of Selective Services System. (4 -4 -09) Currently Attends Del Mar College, Registered Nurse Program. (10 -6 -09) Self - Employed. Received A.A. in Communications from Del Mar College and BA and MA from Minnesota Graduate School of Theology. Activities include: Community Organizer Currently Serves on the Cable Communications Commission. Recipient of Citizen of the Year Award and Rosa Parks Award. (4- 15 -09) Claude R. Smith Retired, United States Army. (7- 24 -09) Jodi Steen President, JRS Ventures, Inc. Received BBA in Finance and Marketing. Activities include: Board of Trustees for Art Museum of South Texas and BACC. Currently serves on CCCIC /Loan Review Committee. (4- 16 -09) Michael Tromm Steve Trubatisky Denise S. Villagran Sam Watson Preshop Analysis Engine Examiner, Corpus Christi Army Depot. Attended Del Mar College and General Motors University of Automotive Management. Served in the United States Air Force. Activities include: Maxine Flournoy Third Coast Squadron of the Commemorative Air Force. Recipient of Commemorative Air Force Silver Magnolia Award. (1- 12 -09) Real Estate Broker Associate, Realty World Island Properties. Attended Tarleton State University, Stephenville, Texas. Activities include: Corpus Christi Association of Realtors. (2- 11 -09) Regional Sales Manager, Allstate Workplace Division. Received BBA and MBA from Corpus Christi State University. Activities include: Coastal Bend Association of Health Underwriters and St. Pius X Capital Campaign. (4 -1 -09) Agent, State Farm Insurance. Received a B.A. in Psychology. Member of the National Association of Insurance and Financial Advisors. (4- 24 -09) Greg Welch Business Development Director, Valiant Petroleum, Inc. Received Bachelor of Science from University of South Alabama and Masters of Business Administration from Auburn University. Activities include: March of Dimes and American Heart Association. (10 -7 -09) 5 Requested Council Action: 12/08/09 Alternate Date: 12/15/09 COUNCIL MEMORANDUM RECOMMENDATION: AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE FIVE YEAR LEASE AGREEMENT WITH LANDRY'S SEAFOOD & STEAKHOUSE - CORPUS CHRISTI, INC. (LANDRY'S), TO OPERATE A RESTAURANT BARGE AT THE PEOPLES STREET T -HEAD, INCLUDING ADJACENT SPACE FOR BOARDWALK, WITH MONTHLY LEASE PAYMENTS OF $6,000.00 FROM JANUARY 1, 2010 THROUGH DECEMBER 31, 2011, $6,300.00 FROM JANUARY 1, 2012 THROUGH DECEMBER 31, 2013, $6,657.00 FROM JANUARY 1, 2014 THROUGH DECEMBER 31, 2014, OR 2.75% OF MONTHLY GROSS SALES, WHICHEVER IS GREATER; AND DECLARING AN EMERGENCY. Background: The last five -year lease agreement between the City of Corpus Christi and Landry's Seafood & Steak House — Corpus Christi, Inc. (Landry's) expired on December 26, 2008. Subsequent thereto, three extension agreements were authorized by City Council, the last of which expires on December 31, 2009. Award Basis: A request for proposal was advertised and issued to fourteen service providers. One proposal was received. The sole proposal was evaluated across four major criteria: Development Concept, Proposer's Profile & Qualifications, Financial Information and Fee Schedule. An evaluation team comprised of representatives from the Assistant City Manager's office, the Marina and Legal Departments and the Purchasing Division reviewed the proposal and scored it according to the criteria above. ael Barrera Assistant Director of Financial Services 826 -3169 mikeb@cctexas.com CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER - PAUL PIERCE Five -Year Lease Agreement Request for Proposal No.: BI- 0132 -09 Marina Restaurant Operations & Development Summary Evaluation Matrix Maximum Evaluation Criteria Score Development Concept 35 Proposer's Profile & Qual. 25 Financial Information 25 Fee Schedule 15 Total Score 100 LANDRY'S SEAFOOD & STEAK HOUSE - CORPUS CHRISTI, INC. Houston, Tx 22.8% 22.5% 16.3% 7.5% 69.0% Page 1 of 1 ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE FIVE YEAR LEASE AGREEMENT WITH LANDRY'S SEAFOOD & STEAKHOUSE - CORPUS CHRISTI, INC. ( "LANDRY'S "), TO OPERATE A RESTAURANT BARGE AT THE PEOPLES STREET T -HEAD, INCLUDING ADJACENT SPACE FOR BOARDWALK, WITH MONTHLY LEASE PAYMENTS OF $6,000.00 FROM JANUARY 1, 2010 THROUGH DECEMBER 31, 2011, $6,300.00 FROM JANUARY 1, 2012 THROUGH DECEMBER 31, 2013, $6,657.00 FROM JANUARY 1, 2014 THROUGH DECEMBER 31, 2014, OR 2.75% OF MONTHLY GROSS SALES, WHICHEVER IS GREATER; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the City Manager, or designee, is authorized to execute a five -year Lease Agreement with Landry's Seafood & Steakhouse - Corpus Christi, Inc. , a for profit corporation, ( "Landry's "), to operate restaurant at the Corpus Christi Marina in the berthing space on the North side of the Peoples Street T -Head, including adjacent space for a boardwalk, in consideration of Landry's paying a monthly lease payment of in the amount of the greater of $6,000.00 or 2.75% of gross sales for the period January 1, 2010 through December 31, 2011, $6,300.00 or 2.75% of gross sales for the period of January 2012 through December 31, 2013, and $6,657.00 or 2.75% of monthly gross sales for the period January 1, 2014 through December 31, 2014. The Agreement is on file with the office of the City Secretary. 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 takes effect upon first reading as an emergency measure this the day of December, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: December 1, 2009. Lisa Agui( , Interim City Attorney H: \LEG- DIR \Lisa\2009 Ordinance \ORD- Landry's 5 year lev3.doc Corpus Christi, Texas Day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott 6 Request Council Date: 12/08/09 Alternate Date: 12/15/09 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the lease purchase of three (3) brush trucks from Siddons Fire Apparatus, Inc., Manor, Texas in the amount of $239,830. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). These units are new to the fleet and will be used by the Fire Department. Funding for the lease purchase of equipment will be provided through the City's lease purchase financing program. *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose: The brush trucks will be used in fighting brush and grass fires in and around the Corpus Christi area. These units are new to the fleet. Basis of Award Funding: The Fire Department has been operating with three (3) converted military trucks to fight brush fires. These trucks are 1967 -1968 models that were reconditioned and purchased by the City in 1996 (two trucks) and 1998 (1 truck). One truck is no longer in service leaving only two (2) trucks to cover 150 square miles. The current military style trucks can normally travel at only 40 -45 miles per hour; consequently response times are often 30 minutes or more. The trucks recommended for award are smaller vehicles that will assist the Fire Department in responding to brush fires in a more timely fashion. The brush trucks will be purchased through the cooperative purchasing agreement with TLGPC. TLGPC acts as a purchasing agent for participating members through the Inter -local Cooperative Act and abides by all Texas statutes regarding competitive bidding requirements: The trucks will be funded through the City's lease - purchase financing agreement for a sixty -month period. The estimated interest rate is 3.5 %. The actual interest rate will be determined after acceptance of the vehicles. The estimated annual payment is $52,355.16. Total estimated cost over the sixty -month period, including principal of $239,830 and interest of $21,945.80, is $261,755.80. General Fund — Fire - (3 months) FY 09 -10 30190 - 1020 -35100 $13,088.79 apital Outlay Item Nos. A-4 , A -5 & A -5b Michael Barrera Assistant Director of 826 -3169 mikeb@cctexas.com financial Services -53- CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION BI- 0055 -10 BUYER: MARIA GARZA DATE: 12/08/09 ITEM DESCRIPTION QTY. UNIT Siddons Fire Apparatus, Inc. Manor, Texas Unit Extended Price Price 1. Pierce Booster Quick Attack & Brush Vehicle, Alum Body, 2 -Dr. Cab 4x4, 400 gal. Integral Foam system 3 tank, 3 Each $79,943.33 $239,830.00 Award Total $239,830.00 Requested Council Action 12/08/09 Alternate Date 12/15/09 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the lease of a 90 hp tractor with Fuller Tractor Company, Beeville, Texas for the total amount of $52,522.56, of which $10,212.72 is required in FY09 -10. The award is in accordance with Request for Proposal No. BI- 0036 -10 and is based on best value. The term of the lease is for thirty-six months. The.tractor will be used by the Park & Recreation Department. Funds have been budgeted by Park and Recreation in FY09 -10. ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose: The tractor will be used by the beach operations division of the Park & Recreation Department to operate a newly purchased sargassum machine. The sargassum machine removes light debris from the beach and will be used as part of the ongoing beach maintenance program. The decision to lease the tractor in lieu of purchasing the equipment was made due to the harsh conditions present at the beach. At the end of the three year lease, the City will establish a new lease for replacement equipment. Bid Invitation Issued: Eighteen Bids Received: Two Award Basis: Best Value The evaluation team developed a matrix of the evaluation criteria. The evaluation criteria components set forth in the proposal included: (1) Cost 85 %, (2) Lease Agreement 5 %, and (3) Maintenance Agreement 10 %. The evaluation team reviewed each RFP Proposal response and completed the evaluation matrix. Vendor rankings based on this scoring method are shown in the attached evaluation matrix. As a result of the evaluation, the team has selected Fuller Tractor Company, as the best valued supplier for this opportunity. Funding: Park & Recreation 530180 -1020 -12940 (7 months) FY 09 -10 $10,212.72 The three year lease will commence in January 2010 and run through December 2012. As such, the City will make 7 months payments ($10,212.72) this fiscal year (FY 09 -10), 12 months payments ($17,507.52) in FY 10 -11, 12 months payments ($17,507.52) in FY 11 -12 and 5 months payments ($7,294.80) in FY 12 -13. Annual funding will be requested during the normal budget process. The ongoing contract is contingent upon all future budget appropriations. Michae Barrer Assistant Director of Financial Services 826 -3169 mikeb(cctexas.com —57— CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: MARIA GARZA SUMMARY EVALUATION MATRIX BID INVITATION NO. BI- 0036 -10 36 Month Lease of a New Tractor Fuller Tractor Co. Beeville, TX Robstown Hardware Co. Robstown, TX Evaluation Criteria Maximum Points Points Awarded Points Awarded Lease Agreement 5 2 2 Maintenance Agreement 10 5 7 Pricing 85 85 54 Score Annual Cost 92 $52,522.56 63 $82,191.24 8 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 12/08/2009 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept grant funding in the amount of $14,999.80 from the Texas Department of Transportation for an Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP) grant for DWI enforcement overtime within the Police Department with a City match of $6,693.25 and to execute all related documents. B. Ordinance appropriating $14,999.80 from the Texas Department of Transportation for funding of an Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP) grant for DWI enforcement overtime within the Police Department in No. 1061 Police Grants Fund; and declaring an emergency. ISSUE: Because the state of Texas continues to lead the nation in the number of DWI deaths, injuries and alcohol related crashes, funds are available to conduct a special Impaired Driving Mobilization overtime enforcement program. BACKGROUND INFORMATION: The State of Texas, Department of Transportation is providing funding for a special Impaired Driving Mobilization STEP for the period of December 18, 2009 - September 6, 2010 with focus on Christmas /New Years, Spring Break, Independence Day, and Labor Day. The grant places overtime officers across the City with various hours of operation. The goal of the grant is to make 60 DWI arrests during this time period. REQUIRED COUNCIL ACTION: Accepting the grant and appropriating funds. FUNDING: Officers will be working on an overtime basis with the State providing 100% of the salary and the city providing $6,693.25 for fringe benefits and mileage. CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. D. Troy Riggs Chief of Police trovracctexas. corn Attachments: TXDOT Contract Texas Traffic Safety eGrants Fiscal Year 2010 Organization Name: City of Corpus Christi Police Department Legal Name: City of Corpus Christi Payee Identification Number: 17460005741000 Project Title: STEP - Impaired Driving Mobilization ID: 2010 - CorpusPD -STEP IDM -00017 Period: 10/01/2009 to 09/30/2010 City of Corpus Christi STEP - Impaired Driving Mobilization TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT THE STATE OF TEXAS THE COUNTY OF TRAVIS THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the Department and the, City of Corpus Christi hereinafter called the Subgrantee, and becomes effective then fully executed by both parties. For the purpose of this agreement, the Subgrantee is designated as a(n) Local Government. AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and the Highway Safety Performance Plan for the Fiscal Year 2009. Project Title: STEP - Impaired Driving Mobilization Grant Period: This Grant becomes effective on 10/01/2009 or on the date of final signature of both parties, whichever is later, and ends on 09/30/2010 unless terminated or otherwise modified. Total Awarded: $21,693.05 Amount Eligible for Reimbursement: $14,999.80 Match Amount: $6,693.25 2010 - CorpusPD -STEP IDM- Printed On: 11/24/2009 00017 —63— City of Corpus Christi STEP - Impaired Driving Mobilization TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT The signatory of the Subgrantee hereby represents and warrants that she /he is an officer of the organization for which she /he has executed this agreement and that she /he has full and complete authority to enter into this agreement on behalf of the organization. THE SUBGRANTEE THE STATE OF TEXAS Executed for the Executive Director and Approved for the Texas Transportation Commission for the purpose and effect of activating and /or carrying out orders, established policies or work programs approved and authorized by the Texas Transportation Commission City of Corpus Christi [Legal Name of Agency] By: [Authorized Signature] AnGet.. .EScoBM. By: [District Engineer Texas Department of Transportation] [Name] [Name] 2r-ry M A7vo467Z [Title] [Title] Date: Date: Under the authority of Ordinance or By: Resolution Number (for local government): (If Applicable) Director, Traffic OperationsDivision Texas Department of Transportation (Not required for local project grants under $100,000.00) [Resolution Number] Date: 2010 - CorpusPD -STEP IDM- Printed On: 11/24/2009 00017 —64— ORDINANCE APPROPRIATING $14,999.80 FROM THE TEXAS DEPARTMENT OF TRANSPORTATION FOR FUNDING OF AN IMPAIRED DRIVING MOBILIZATION SELECTIVE TRAFFIC ENFORCEMENT PROJECT (STEP) GRANT FOR DWI ENFORCEMENT OVERTIME WITHIN THE POLICE DEPARTMENT IN 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 $14,999.80 is appropriated from the Texas Department of Transportation for funding of an Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP) grant for DWI enforcement overtime within the Police Department in 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 December, 2009. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form-November 17, 2009 T. Trisha Dang Assistant City Attorney For City Attorney Corpus Christi, Texas Day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott 9 AGENDA MEMORANDUM City Council Action Date: December 8, 2009 AGENDA ITEM: ITEM A: ORDINANCE APPROPRIATING $639,409 FROM THE ESTIMATED PROGRAM INCOME REVENUE IN THE NO. 1066 HEALTH GRANTS FUND AS STATE FISCAL YEAR 2009 -2010 PROGRAM INCOME TO FUND LABORATORY AND PUBLIC HEALTH SERVICES FOR THE PERIOD OF SEPTEMBER 1, 2009, THROUGH AUGUST 31, 2010; AND DECLARING AN EMERGENCY. ISSUE: The Corpus Christi - Nueces County Public Health District receives funding from the Department of State Health Services (DSHS) for various public health services. As a result of this support, fees that are charged must be prorated to determine the percentage of revenues that were generated using State /Federal funds. The State /Federal supported revenues are deemed Program Income (PI). PI earned during the State fiscal year (September 1 — August 31) must be spent during that year or returned to the State. PI earned is to be used to supplement local funds for public health services. Staff reviews actual earnings and projected earnings to recommend an annual appropriation to cover expenditures. Expenditures have included laboratory and nursing supplies, communications equipment, and staff training. Planned expenditures for FY 2009 -2010 includes supplies, minor equipment, contractual services, training, and computer equipment for the laboratory, and nursing programs. REQUIRED COUNCIL ACTION: Authorize an appropriation of $639,409 for FY 2009- 2010 Program Income. PREVIOUS COUNCIL ACTION: Council approved funding FY08 -09. FUNDING: There is no match funding required. CONCLUSION AND RECOMMENDATION: Recommend that the ordinance be approved to provide a continuation of public health services to our community. 1873 / Annette Rodriguez, M.P.H. Interim Director of Public Health annetter ancctexas.com :361-826-(205 BACKGROUND INFORMATION The Corpus Christi - Nueces County Public Health District receives funding from the Texas Department of State Health Services (DSHS) to provide various public health services. The DSHS requires that revenues collected must be prorated to determine the percentage of revenues that were generated using State /Federal funds. The State /Federal supported revenues are deemed Program Income (PI). PI earned is to be used to supplement local funds for public health services. Private Vaccine (PI) in the amount of $104,333 is used to purchase yellow fever, Hepatitis A, Hepatitis B, other vaccines, training and other needed supplies. Immunization (PI) in the amount of $134,972 is used to purchase medical supplies, training for staff and other needed supplies. Sexually Transmitted Disease (STD) (PI) in the amount of $20,000 is used for medication, outreach, training and other needed supplies. Laboratory Water Charges (PI) in the amount of $152,000 is used for reagents, equipment and other laboratory supplies. Tuberculosis (TB) (PI) in the amount of $35,000 is used for medical supplies, x -ray machine maintenance agreement and other needed supplies to operate the Tuberculosis clinic. Medicaid (PI) in the amount $163,704 is used to enhance the programs in which the program income was generated. Family Planning (PI) in the amount of $10,400 is used for medical supplies and other needed supplies needed to operate the Family Planning program. Laboratory and Medicaid Billing Combined (PI) in the amount of $19,000 is used for reagents, equipment and other laboratory supplies. AN ORDINANCE APPROPRIATING $639,409 FROM THE ESTIMATED PROGRAM INCOME REVENUE IN THE NO. 1066 HEALTH GRANTS FUND AS STATE FISCAL YEAR 2009 -2010 PROGRAM INCOME TO FUND LABORATORY AND PUBLIC HEALTH SERVICES FOR THE PERIOD OF SEPTEMBER 1, 2009, THROUGH AUGUST 31, 2010; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Estimated program income revenue in the amount of $639,409 is appropriated in the No. 1066 Health Grants Fund as State fiscal year 2009 -2010 program income to fund laboratory and public health services for the period of September 1, 2009, through August 31, 2010. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of , 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: November 24, 2009 21.1 ,%i' :f k' A� � � 1 `1, /4L1 , Eliza Vth R. Hundley Assis ant City Attorney for the City Attorney EHord288.doc —71— Joe Adame Mayor Corpus Christi, Texas day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott EHord288.doc —72— 10 CITY COUNCIL AGENDA MEMORANDUM December 8, 2009 AGENDA ITEM: Ordinance appropriating $1,232.32 from grant provided by Time Warner's Cable Franchise from the general fund reserve for public access channel equipment; amending the FY 09 -10 operating budget adopted by Ordinance No. 027776 to increase appropriations by $1,232.32 and declaring an emergency. ISSUE: Time Warner provides annual funds of $3,500.00 for public access facilities and equipment. There is $7,000 in funds available for use in a restricted public access fund. The Channel 10 Public Access User Group submitted request for use of these funds for three Sony mini DV camcorders, three tripods, and three maintenance plans for total of $1,232.32 to the Cable Communications Commission. Information about this request was included in the Commission's April 20, 2009 agenda packet. At its meeting on May 18, 2009, the Cable Communications Commission approved the request for funds by vote of 4 -1. Since June the Commission has developed a formal guidelines and insurance requirements for the equipment as requested by the City Council for the PAUG regarding any previously and /or future equipment purchases which are included for Council review. REQUIRED COUNCIL ACTION: Approval of the Ordinance. PREVIOUS COUNCIL ACTION: City Council sent this item back to the Cable Communications Commission on June 16, 2009 for further review regarding equipment safeguards. Similar funds were last appropriated in March 2007 for equipment. CONCLUSION AND RECOMMENDATION: Approval of the Ordinance. Attachments: Background Information Sample Agreement Self Insurance Agreements Commission Minutes Executed Channel 10 Agreement Ki Womack Director of Public Information Kimw�a cctexas.com 826 -3211 BACKGROUND INFORMATION The City of Corpus Christi franchise agreement with Time Warner Cable provides for two public access cable channels. The City's Cable Communications Commission provides oversight to two Public Access User Groups (PAUG) and their programming on cable channel 10 and 18 in compliance with City ordinances. Section 2 -182 of the City Code of Ordinances states that duties of the Cable Communication Commission include resolution of disputes concerning allocation of access funding. City ordinance states that public access producers shall organize themselves into public access user group (PAUG) for each channel. The PAUG each have a volunteer Board of Directors. Each PAUG is responsible for conducting semi - annual program schedule lottery and delivery of programs to the cable operator. The Cable Communications Commission meets monthly and reviews compliance of established rules and procedures for public access programming. The Commission provides City Council recommendations regarding changes as necessary. The Public Information Office took over responsibilities for the Cable Communications Commission in the Fall of 2008 as the E- Government Department was transitioned into the Municipal Information Systems (MIS) department. An agenda item went before City Council on June 16, 2009 regarding the purchase of equipment which was sent back to the Cable Communications Commission for further review regarding the safeguarding of equipment. The Commission developed equipment guidelines and insurance options for the PAUG. The Cable Commission voted to bring the item to Council at their scheduled meeting in October for approval. Once necessary insurance documents were received the item was brought before Council. AGREEMENT REGARDING EQUIPMENT PURCHASED WITH CABLE OPERATOR GRANT FUNDS This Agreement is between the City of Corpus Christi, a Texas home -rule municipal corporation, ( "City "), and (the Channel _ Public Access User' s Group), a Texas nonprofit organization (" PAUG"): WHEREAS, the City desires to allocate funds provided by cable operators in Corpus Christi pursuant to franchises for public access equipment; NOW, THEREFORE: the parties agree as follows: SECTION 1. TERM 1.1 The agreement takes effect upon execution by the City Manager (" Effective Date ") and continues as long as the equipment purchased as described in the attached document is in custody of the PAUG. SECTION 2. PAUG OBLIGATIONS 2.1 PAUG shall utilize funds provided under this agreement to purchase the equipment and service warranties identified on attached Exhibit 1. 2.2 PAUG shall provide for equipment check -out by its members for use in production of local public access programming in accordance with attached guidelines (" Exhibit 2"). 2.3 PAUG shall store the equipment at the following location: in Corpus Christi, Texas. Change in the location requires prior written approval of the City Director of Public Information. 2.4 PAUG shall insure the equipment against loss. 2.5 PAUG shall be responsible for maintenance and repair of the equipment or may request utilization of any available cable operator grant funds for public access equipment. 2.6 Upon termination of the Contract, all equipment provided or purchased with funds under this Contract shall become property of the City, and PAUG shall deliver all equipment to the City unless otherwise agreed to in writing by the City Manager. 2.7 If PAUG no longer desires to use a particular piece of equipment, then PAUG shall deliver the equipment to the City- designated location. 2.8 PAUG shall make its equipment check out records available for inspection and duplication by the City Manager upon the City Manager' s request. _77_ C: \DOCUM E -1 \AN DREI -1 \LOCALS -1 \ Temp\ XPgrpwise\ CNTRCTforpublicaccessfundsv3 .doc 2.9 PAUG shall notify the Public Information Office if checked out equipment is not timely returned. 2.10 PAUG shall notify the City Manager in writing of any change in the PAUG's Board of Directors within ten (10) working days of its occurrence. PAUG shall notify City Manager in writing of any change in PAUG's corporate structure, or any Board of Director resolution affecting performance of this Contract, within ten (10) working days of its occurrence. SECTION 3. CITY OBLIGATIONS FOR PAYMENT FOR EQUIPMENT 3.1 The City may issue funds for the equipment and services described in the attached exhibit as follows: a) If PAUG submits a receipt for reimbursement for the equipment or services identified in the attached Exhibit 1, the City shall issue reimbursement payment directly to PAUG. b) If PAUG submits a vendor invoice, the City shall issue payment directly to the vendor. IN WITNESS WHEREOF, the undersigned have executed this Contract by their duly authorized representatives as of the day of , 2009. (PAUG) CITY OF CORPUS CHRISTI: By: By: Name: Title: Date: Date: Approved as to form: , 2009 Lisa Aguilar Assistant City Attorney for City Attorney Equipment list EXHIBIT 1 _7g_ 3 EXHIBIT 2 Camera and Tripod check out Date checked out: Time: Date to be returned: Time: Camera and tripod must be returned no later than seventy two (72) hours from the time they are checked out unless different arrangements are made in writing. I the below signed Producer understand that if I am late returning the equipment I will forfeit the privilege of checking out any equipment for a period of six (6) months. I also understand that I am fully responsible for the loss or damage to the equipment due to neglect while in my custody and I agree to pay the full cost of repair or replacement. Camera serial number: Name of Producer' s program: Producer' s name (print): Telephone no. Producer' s home address: Corpus Christi, Tx. Producer' s signature: Name of person authorizing check out (print): Signature of person authorizing check out: Equipment returned: date: . time: P.A.C. 10 Board of Directors Jack Gordy, President 4118 Bray Drive Corpus Christi, Texas 78413 361- 857 -0361 or 361- 793 -8978 October 26, 2009 City of Corpus Christi Office of the Legal Department Attention: Lisa Aguilar P. O. Box 9277 Corpus Christi, Texas 78469- 9277 To whom this may concern; This letter is regarding the agreement regarding equipment purchased with cable operator grant funds. Section 2; Sub Section 2.4 reads as follows; PAUG shall insure the equipment against loss. The Channel 10 PAUL; P.A.C. 10 Board of Directors, agree to the following. If the equipment should be lost or stolen the P.A.C. 10 Board of Directors agree to replace the lost equipment by using the P.A.0 10 funds. With Respect President - Jack Gordy Senior Vice President - Jack Widd Co -Vice President - Gerald Sansing Secretary - Juanita (Janie) Gord, ( Treasurer - Kirk D. Logan • _81_ LO PAUG PUBLIC ACCESS USERS GROUP CH. 18 Becky Nesmith - Secretary 2310 Pearse Drive (361) 225 -0345 Corpus Christi, TX 78415 November 10, 2009 City of Corpus Christi Office of the Legal Department Attn: Lisa Aguilar PO Box 9277 Corpus Christi, TX 78469 This letter is in regards to the agreement for equipment purchased with the cable operator grant funds. According to section2; sub section 2.4 reads as follows: PAUG shall insure the equipment against Toss. PAUG Channel 18 Board of Directors, agree to the following: If the equipment should be lost or stolen; PAUG 18 Board of Directors agree to replace the lost equipment by using the PAUG 18 funds. President — Jesse Nesmith Vice President - Mac Aipperspa Secretary - Becky Nesmith— .. Treasurer — Ray Hodges Board Member — Richard Luna Board Member — Rusty Maddox Board Member — J.J. Fox ct_ .W /.� %/ Alb MINUTES CABLE COiMLVIUNICATIONS COMMISSION May 18, 2009 PRESENT Chairperson Connie Gutierrez, Vice Chairperson Steve West, Commissioners Leo Estrada, Latrice Sellers, Carolyn Moon ABSENT City Staff Lisa Aguilar, Assistant City Attorney, Kim Womack and Andreina Keller, Public Information Office Ms.Gutierrez called the meeting to order at 12:05pm and verified the necessary quorum. All Commissioners approved the minutes from the April 20, 20098 meeting of the Cable Commission REVIEW AND POSSIBLE ACTION REGARDING VIOLATION APPEALS — Andrew Maldonado was not present to contend is violation on program identification or for failure to turn in tapes; thus his program "Revival Center" will be taken off air. Similarly Mr. Garza was not present to protest his failure to turn in tapes violation and thus is also off air. DISCUSSION AND POSSIBLE ACTION REGARDING RULES AND PROCEDURES — City Staff asked that the subcommittee allow staff time to compile all proposed changes to the rules and procedures which will then be presented at a future subcommittee meeting for review before being presented to the commission for approval. Ms. Moon asked about the letter to Time Warner regarding any changes that they would like to recommend to the rules. Ms. Womack informed the commission that she would like to present the compiled changes to the rules and procedures to Time Warner and that it has been a challenge to arrange a meeting with Time Warner. City Staff will send a letter to Time Warner when the approved rules and procedures from the subcommittee requesting input by certified mail. CHANEL 18 PAUGS REPREAT AIRING COMPLAINTS Mr. Nesmith was unable to attend the meeting. The commission wished to hear Mr. Nesmith's explanation of the repeat programming. Legal was asked by Ms. Moon if there were any other sanctions besides sending Jesse a letter regarding this issue. Ms. Aguilar felt there could be a potential violation to the producer of the repeat shows. Mr. West ask legal how much responsibility the PAUG had in making sure programming was not repeated and that the rules were followed. Ms. Aguilar agreed that there was responsibility on the PAUG to oversee programming. Mr. West inquired as to any sanctions that could possibly be applied to any PAUG that is consistently not being responsible for programming. Ms. Aguilar asked for time to gather information to present at the next meeting in regards to any sanctions that their may be but informed the commission that generally speaking there could be a decertification process against the PAUG. There was debate amongst the commissioners weather or not the responsibility of the repeat shows was against the producer or thegannel 18 PAUG. The commission requested that a letter be sent to Jesse making him aware of the issue and ready for discussion of the issues for next month. REVIEW AND POSSIBLE ACTION REGARDLNG CABLE OPERATOR COMPLAINTS. Mr. Gordy let the Commission know that 8 of the complaint letters have yet to receive an answer. Mr. Gordy met with Time Warner Representatives regarding this issue. Overall there seems to be a lack of response from Time Warner in regard to cable commission issues. The Commission asked that a contact be made with Time Warner in regard to their lack of responses and lack of attendance. CABLE OPERATOR REPORT Ms. Triplett was not present to give report. DISCUSSION AND POSSIBLE ACTION REGARDING REQUEST FOR EQUIPMENT Staff presented the memo from the City Finance department which stated that there are funds in the amount of $7,000 reserved in the General Fund that would cover for the purchase of 3 new cameras with 4 year warrantees, and 3 tripods. Staff informed the commission that if the purchase was approved it would become an item to go before city council for the council's approval. Ms. Moon moved for approval of the purchase. The motion was passed 4 -1. City Staff will prepare a resolution for appropriation and will let the Commission know when the agenda item with be presented to council. REVIEW AND POSSIBLE ACTION REGARDING MEDIA DELIVERY LOGS There was no action to be taken PAUG UPDATES — Channel 10: The Commission was given a copy of the changes made to the channel 10 bylaws. Mr. Gordy let the commission know that his channel is running smoothly and has only one empty spot. Channel 18: Mr. Nesmith was not present however Ms. Sellers commented that she was impressed with the channel 18 lottery and wished to compliment him. STAFF UPDATES Staff had nothing new to add. PUBLIC COMMENT — No one sign up for public comment ITEMS FOR NEXT MEETING None ADJOURNMENT OF MEETING — Mr. West motioned to adjourn the meeting, seconded by Ms. Moon. The meeting ended at 12:45 p.m. MINUTES CABLE COMMUNICATIONS COMMISSION October 19, 2009 PRESENT Vice Chairperson Steve West, Commissioners Latrice Sellers, Leo Estrada, Carolyn Moon ABSENT Chairperson Connie Gutierrez City Staff Lisa Aguilar, Assistant City Attorney, Kim Womack and Ted Nelson, Public Information Office Mr. West called the meeting to order at 12:05pm and verified the necessary quorum. The Commissioners approved the September 21, 2009, and September 14, 2009 meeting minutes as written. REVIEW AND POSSIBLE ACTION REGARDING VIOLATION APPEALS — Jerome Bradford, Chris Nelson and Enrique Martinez were not present at this meeting. Mr. Bradford and Mr. Nelson will have one more opportunity to appear before the commission. Mr. Martinez will be taken off air. DISCUSSION AND POSSIBLE ACTION OF DROP OFF MEDIA FORM Ms. Womack informed the commission that two versions of the media drop off form had been created; one by Ms. Barbara Sellers and one by Mr. Gordy. The item was brought before the commission to strike a compromise between the two parties in regards to the form that will be used in the future when delivering media. Mr. Gordy stated that his form was approved by that PAUG 10 channel board of directors had approved the form drafted by his hand; however Ms. Barbara Sellers had refused to accept the form for use. Ms. Barbara Sellers stated the problem is that every three months there are 5 weeks in a month and this is the source of confusion. Ms. Barbara Sellers stated that in the past Mr. Gordy had approached her and told her that she could turn in blank 5th DVD on those months. She asked for this to be in writing however such writing was not provided. Her question to the commission was if she should leave the 5th DVD in such months blank. Ms. Sellers commented that she felt the producer is the one that needs to put something in writing to avoid the confusion in months with 5 weeks in them. Ms. Moon stated that number times that monthly shows play in a month is not relevant to the topic of discussion. She suggested a couple of lines for further clarification to be added to the form. Ms. Sellers felt that the five week issue was relevant and further more added that she believes Ms. Barbara Sellers should not have to turn in a form when she turns in media. Mr. Gordy stated that there are never five Wednesdays in the month because monthly programs start airing the first Sunday of the month and ends the Saturday before the next first Sunday of the —85— next month. He stated that he had never pulled her tape so that it would not play on the 5th week of a month. He said that if his form was adapted there would not be an issue. Ms. Sellers felt that Ms. Barbara Sellers form suffices and that Mr. Gordy should play producers DVD's according to the rules. Mr. West felt because the scheduling is the PAUG responsibility then they had the right to create a form. The form would reduce misunderstandings and did not see why the PAUG approved form should not be accepted. Ms. Sellers felt that the issue would not be resolved with the form on months that there are 5 Wednesdays in a month. Mr. Gordy argued against this statement. Mr. West added that the form created by the PAUG would resolve the issue; Ms. Sellers disagreed and reminded Ms. Barbra Sellers that she had the option to take this to the City Council. Ms. Moon felt that this discussion was irrelevant to the item of the form. Ms. Moon stated that the Commission has had the chance to review both of the forms and moved that the Commission accept the form created by the PAUG channel 10 be accepted for use. Ms. Estrada seconded; the motion passed with Ms. Sellers voting against and Ms. Moon, Mr. Estrada, and Mr. West voting in favor. DISCUSSION AND POSSIBLE ACTION REGARDING EQUIPMENT GUIDELINES Mr. Gordy commented that he was unable to get insurance from any insurance company on the equipment due to its low value. He suggested that the line "PAUG shall insure the equipment against loss or agree to replace the equipment." Ms. Moon moved that this phrase be added to the document. Mr. West asked that a letter from the PAUG to the City be provided with a letter saying which option the PAUG will be opting for, and that the letter be approved by the board of directors in each PAUG. Ms. Moon moved that equipment guidelines be approved based upon the letters from the PAUGs for self insurance. Mr. Estrada seconded; Moon, Estrada, West voted in favor, Sellers against because she felt the item was incomplete and wanted a complete packet to be presented to council. The motion passed. The guidelines will go to council now, and another line item will be presented one the guidelines have passed. DISCUSSION AND POSSIBLE ACTION OF AUDIO QUALITY ON PUBLIC ACCESS CHANNELS Mr. Gordy took issue with wording the letter. However this letter was drafted to open the door to conversation with Time Warner. No response has been received. DISCUSSION REGARDING COPY RIGHT LAW Item was tabled until next meeting. DISCUSSION AND POSSIBLE ACTION REGARDING ESTABLISHMENT OF ABSENCE POLICIES Ms. Sellers moved to accept the City's attendance policies. Ms. Moon seconded; all voted aye. Motion passed. CABLE OPERATOR REPORT AGREEMENT REGARDING EQUIPMENT PURCHASED WITH CABLE OPERATOR GRANT FUNDS This Agreement is between the City of Corpus Christi, a Texas home -rule municipal corporation, ( "City "), and Ai C J (the Channel le Public Access User' s Group), a Texas nonprofit organization (" PAUG"); WHEREAS, the City desires to allocate funds provided by cable operators in Corpus Christi pursuant to franchises for public access equipment; NOW, THEREFORE: the parties agree as follows: SECTION 1. TERM 1.1 The agreement takes effect upon execution by the City Manager (" Effective Date ") and continues as long as the equipment purchased as described in the attached document is in custody of the PAUG. SECTION 2. PAUG OBLIGATIONS 2.1 PAUG shall utilize funds provided under this agreement to purchase the equipment and service warranties identified on attached Exhibit 1. 2.2 PAUG shall provide for equipment check -out by its members for use in production of local public access programming in accordance with attached guidelines (" Exhibit 2"). 4-41 r 819-z 1) 2.3 PAUG shall store the equipment at the following location: 1-ii Corpus Christi, Texas. Change in the location requires prior written approval of the City Director of Public Information. 2.4 PAUG shall insure the equipment against Toss. 2.5 PAUG shall be responsible for maintenance and repair of the equipment or may request utilization of any available cable operator grant funds for public access equipment. 2.6 Upon termination of the Contract, all equipment provided or purchased with funds under this Contract shall become property of the City, and PAUG shall deliver all equipment to the City unless otherwise agreed to in writing by the City Manager. 2.7 If PAUG no longer desires to use a particular piece of equipment, then PAUG shall deliver the equipment to the City- designated location. 2.8 PAUG shall make its equipment check out records available for inspection and duplication by the City Manager upon the City Manager' s request. _87_ nAnnri IMF- .1\ANnRFl- 1\LOCALS -1\ Temp\ XPgrpwise\ CNTRCTforpublicaccessfundsv3 .doc 2.9 PAUG shall notify the Public Information Office if checked out equipment is not timely returned. 2.10 PAUG shall notify the City Manager in writing of any change in the PAUG's Board of Directors within ten (10) working days of its occurrence. PAUG shall notify City Manager in writing of any change in PAUG's corporate structure, or any Board of Director resolution affecting performance of this Contract, within ten (10) working days of its occurrence. SECTION 3. CITY OBLIGATIONS FOR PAYMENT FOR EQUIPMENT 3.1 The City may issue funds for the equipment and services described in the attached exhibit as follows: a) If PAUG submits a receipt for reimbursement for the equipment or services identified in the attached Exhibit 1, the City shall issue reimbursement payment directly to PAUG. b) If PAUG submits a vendor invoice, the City shall issue payment directly to the vendor. IN WITNESS WHEREOF, the undersigned have executed this Contract by their duly authorized representatives as of the day of , 2009. cf?c„..1) / (PAUG) CITY OF CORPUS CHRISTI: By: Title: Date: Approved as to form: , 2009 Lisa Aguilar Assistant City Attorney for City Attorney EXHIBIT 1 Equipment list Three (3) Sony Mini DV Camcorders at $249.49 Three (3) Pyrex Tripods at $39.99 each Three (3) four (4) year performance plans at $89. Jack Gordy C� each = 99 each = Sub. Total Sales tax Total $748.47 $119.97 $269,97 $ 1138.41 $93.91 $1232.32 No cable operator was present. Ms. Sellers felt that Time Warner needs to be addressed and start a dialog. However the City has written letters and attempted to set up meetings with Time Warner in the past which has been unfruitful. REVIEW AND POSSIBLE ACTION REGARDING MEDIA DELIVERY LOGS All was well with the media logs REVIEW AND POSSIBLE ACTION REGARDING COMMISSIONERS AT LOTTERIES Mr. West and Ms. Moon volunteered to attend the Channel 10; Mr. Estrada volunteered to attend, Ms. Sellers declined because she had attended channel 18's lottery last year. Staff was to contact Ms. Gutierrez to see if she could be the second commissioner at the channel 18's lottery. PAUG UPDATES — Channel 10: Mr. Gordy passed out the agenda for the channel 10 lottery along with guidelines that he has provided in regards to program identification. He also said that special training would be provided to producers who request it. Channel 18:. Mr. Nesmith was not present, however a representative let the commission know that everything was well at channel 18. PUBLIC COMMENT — Mr. Gordy wanted to talk about legal information regarding motions. Ms. Womack stated that information in regards to this topic were not ready in time for this agenda, however the topic will be revisited. ITEMS FOR NEXT MEETING No items were recommended ADJOURNMFNT OF MEETING —Mr. West moved that the meeting be adjourned. Commission agreed and the meeting adjourned at 1:10 p.m. ORDINANCE APPROPRIATING $1,232.32 FROM GRANT PROVIDED BY TIME WARNER'S CABLE FRANCHISE FROM THE GENERAL FUND RESERVE FOR COMMITMENT OF PUBLIC ACCESS EQUIPMENT; CHANGING THE FY 2009 -2010 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 028252 TO INCREASE APPROPRIATIONS BY $1,232.32; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $1,232.32 from grant provided by Time Warner's cable franchise is appropriated from the general fund reserve for commitment of public access equipment. SECTION 2. That the FY 09 -10 Operating Budget adopted by Ordinance No. 028252 is changed to increase appropriations by $1,232.32. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2009. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: December 2, 2009 Lisa Agu r Interim City Attorney Joe Adame Mayor Corpus Christi, Texas Day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott 11 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: December 8, 2009 AGENDA ITEM: Motion approving the allocation of $58,615.08 from the Hotel Occupancy Tax Fund and $32,884.92 from the General Fund to fund grant contracts with sixteen (16) arts and cultural organizations for a total of twenty -two (22) arts projects. Funding was authorized in the FY 2009 -2010 budget. ISSUE: Funds are annually allocated for Arts and Cultural grant awards. The Arts and Cultural Commission makes recommendations for allocation of those funds and refers their recommendation to City Council. The Arts Grant guidelines require City Council approval of all grant awards. REQUIRED COUNCIL ACTION: Allocation of the Arts Projects funding and the awarding of the art grant allocations to the arts organization must be approved by the City Council. PREVIOUS COUNCIL ACTION: This is an annual request. $91500.00 from the Hotel Occupancy Tax fund (Arts Grants /Projects) and the General fund (Arts Subgranting) was authorized in the FY 2009 -2010 budget for arts awards for arts /cultural activities and art/cultural projects. Board /Commission Action: The Arts and Cultural Commission approved their final recommendation at their October 8, 2009, meeting. FUNDING: The total recommended allocation of $91,500.00 is to be funded from the FY 2009 -2010 budget authorization for arts in the Hotel Occupancy Tax Fund (1030- 13815- 530000 - 000000) and the General fund (1020- 13825- 530000 - 000000). CONCLUSION AND RECOMMENDATION: It is recommended that the motion be approved for the allocation of $58,615.08 from the Hotel Occupancy Tax fund (1030- 13815- 530000) and $32,884.92 from the General fund (1020 - 13825 - 530000) to fund a total of 16 arts and cultural organizations. Funding has been authorized for the FY 09- 10 budget. Stacie Talbert, Interim Director Parks and Recreation Department Attachments: Background Information 2010 grant Awards Sheet -95- BACKGROUND INFORMATION Annually, the City Council includes funding in the operating budget for support to various non - profit arts programs in the City. The Arts and Cultural Commission (formerly the Municipal Arts Commission) solicits grant requests from local organizations and then makes its recommendation of funding to the City Council. The recommendation for FY 09 -10 is based on a two -part evaluation of grant applications by the Arts and Cultural Commission members as a whole and the Grant Committee, a standing committee of the Arts and Cultural Commission. The recommendations are based on artistic merit, community needs, impact on tourism, the applying organization's ability to match the grant (50% of the total project award), and how well the artistic production will be marketed. A project selection procedure, the Arts Grant Guidelines, was developed in 1986, modeled after the Texas Commission on the Arts Peer Panel Review and has been updated regularly ever since. The process uses a worksheet rating system that addresses specific questions on the quality of each grant request. The Grant Committee has, over the years, continued to improve the funding application packet. The final recommendation is adjusted mathematically to the amount of funds available. Applicants have the option of applying for up to two projects, for a grant total per organization of $10,000. This year, 24 project grant requests totaling $146,301.00 were received. The Arts and Cultural Commission is recommending that the 22 project grants requests from 16 arts and cultural organizations be funded. The Arts Grant Guidelines define a process that provides an organization with two opportunities to appeal their recommended level of funding —first with the Arts and Cultural Commission and then with the City Council. This year there were 0 appeals. The total allocation recommended by the Arts and Cultural Commission to the arts organizations is $91,500.00 for art grants. 2010 Sub Grant Applicants Project(s) Ballet Nacional Ballet Nacional Bayfest Coastal Bend School for the Arts Coastal Bend School for the Arts CC Ballet CC Chamber Music Society CC Chorale CC Concert Ballet CC Concert Ballet CC International Competition Piano & CC Symphony Kspace Kspace South Texas Institute for the Arts South Texas Broadcasting Sparkling City Light Opera TAMU The Art Community Center of CC The Art Community Center of CC The Cathedral Concert Series The Harbor Playhouse Company The Harbor Playhouse Company Texas Jazz Festival Noche de Gala Siesta Fiesta Bayfest String Music Music/Movement/Drama Bailando Spring Gala Strings Competition 3rd Coast GAP Bravo Series Festival of the Arts Gold Seal Exhibit Annie Sound of Music Requested Allocation Recommended Award Amount Hot Fund 13815 General Fund 13825 $ 6,500.00 $ 4,904.00 $ 4,904.00 $ 3,500.00 $ 2,702.00 $ 2,702.00 $ 3,500.00 $ - $ 5,000.00 $ 2,768.00 $ 2,768.00 $ 2,500.00 $ 1,334.00 $ 1,334.00 $ 10,000.00 $ 5,267.00 $ 5,267.00 $ 10,000.00 $ 5,477.00 $ 5,477.00 $ 5,000.00 $ 3,480.00 $ 3,480.00 $ 4,284.00 $ 2,516.00 $ 2,516.00 $ 4,488.00 $ 2,762.00 $ 2,762.00 $ 10,000.00 $ 3,235.00 $ 3,235.00 $ 10,000.00 $ 8,128.00 $ 8,128.00 $ 5,050.00 $ 2,406.00 $ 2,406.00 $ 4,950.00 $ 2,358.00 $ 2,358.00 $ 10,000.00 $ 8,735.00 $ 8,735.00 $ 8,349.00 $ 5,099.00 $ 5,099.00 $ 6,930.00 $ 6,911.00 $ 6,911.00 $ 4,000.00 $ 3,830.00 $ 873.08 $ 2,956.92 $ 750.00 $ 404.00 $ 404.00 $ 1,500.00 $ 1,266.00 $ 1,266.00 $ 10,000.00 $ 7,918.00 $ 7,918.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 1 $ 5,000.00 $ 10,000.00 $ - $146,301.00 $ 91,500.00 { $58,615.08 $ 32,884.92 12 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: December 8, 2009 AGENDA ITEM: Resolution amending City Council policies adopted by resolution 021901 regarding naming of City facilities to prohibit the renaming of a facility already named in honor of a person, group, or event. ISSUE: The Parks and Recreation Advisory Committee are concerned that parks and facilities previously named after a person have been the subject of discussions for renaming. In an effort to ensure that this does not happen in the future, the change is being requested. REQUIRED COUNCIL ACTION: City Council's action is required for resolutions. PREVIOUS COUNCIL ACTION: Resolution 021901 regarding naming of City parks and recreational facilities was adopted by City Council on March 22, 1994. CONCLUSION AND RECOMMENDATION: Staff supports this resolution. (Stacie Talbert, In rim Director Parks and Recreation Department staciet(a cctexas.com 361- 826 -3494 ATTACHMENTS: Background Recommended amendment to City Council policy Background Information The City of Corpus Christi's guidelines for naming of parks and recreational facilities has not been updated since March 22, 1994. The Parks & Recreation Advisory Committee's policy was based upon the City's Code of Ordinances and therefore does not address the following consideration. Within the past few years there has been discussion about renaming parks and recreational facilities that were previously named to honor an individual or individuals. Requesting to rename such parks or facilities can cause significant controversy within the community. The Parks & Recreation Advisory Committee want to ensure that this type of situation could not arise in the future. The committee working with City staff requested a policy amendment prohibiting renaming a park or facility already named to honor an individual, group, organization, or event. The City of Corpus Christi's legal department prepared this amendment. Recommended amendment: "6. Naming of City parks and recreational facilities. A formal policy for naming of parks and recreation facilities in the City of Corpus Christi is hereby adopted, and the guidelines shall be as follows: A. Donations. Upon donation of at least 51 percent of the value of a park or park facility and upon recommendation of the Parks and Recreation Advisory Committee, the City Council may name the park or park facility as the donating party designates if the park or park facility has not already been specifically named in honor of a person or group. B. Subdivision Dedication. Park land received through dedication under the City's Platting Ordinance shall be named by the Parks and Recreation Advisory Committee. No formal action needs to be taken by the City Council. C. Name Change. The City of Corpus Christi discourages proposals whereby the Only the following facilities are eligible to be considered for name changes;: (1) park or park facility which is not already named in honor of a person or group; and (2) park or park facility which was named for the subdivision in which it is located. The following definitive steps shall be taken regarding a proposed name change for these eligible parks and park facilities. (1) Persons, groups, or organizations desiring the name change shall fill out complete a request for name change and submit the proposal to the staff of the Parks and Recreation Department for review and consultation with the requesting entity. (2) Name change requests shall be submitted to the Parks and Recreation Advisory Committee. No action may be taken by the Board committee for a minimum of 60 days after receipt of the proposal. (3) During the 60 -day waiting period, legal notice shall be published twice in a newspaper of general circulation giving notice of the proposed name change. (4) Written comments are to be submitted to the Parks and Recreation Advisory Committee and interested individuals arb1 Aked to come before the Beafd committee to address the issue. (5) At the first meeting after the 60 -day waiting period, the Parks and Recreation Advisory Committee will take one of the following actions: (a) Approve the request and refer the recommendation to the City Council; (b) Reject the request; or (c) Table the request for future action or additional information. In the event the request is rejected by the Beams committee, the requesting entity may appeal the rejection to the City Council. (6) The Council shall consider the request and either approve or reject the request. The Council, at its option, can waive all provisions herein provided for eligible park and recreation facilities in commemorating or memorializing an individual, group or act. If approved, the Parks and Recreation Department shall arrange suitable renaming ceremonies. Costs associated with renaming ceremonies and the provisions of markers, plaques, or memorials shall be borne by the entity proposing the name change. D. Special Considerations. In choosing names after individuals, consideration may be given to persons living or dead. Special consideration shall be given to the contributions the person has made to the City, State, or Country. A facility or park may not be named after an individual currently in public office or serving as an employee of a local governmental jurisdiction. A one -year waiting period after termination from completion of public office or municipal employment is considered adequate. Names related to religious denominations will generally not be favorably considered unless the rules of donation apply. Input from neighborhood organizations in the immediate vicinity of the park or facility will be sought in the case of a name change request. E. Renaming of park or park facility. The renaming of a park or park facility which is already named in honor of a person or group is not permitted. 8. Naming of City facilities. Final decisions regarding the naming of City facilities shall be the decision of the City Council. The City Council may request recommendations from City Boards, Commissions, Committees, or other advisory bodies. Costs associated with renaming ceremonies and the provision of markers, plaques, or memorials shall be borne by the entity requesting the name change. The renaming of any City facility which is already named in honor of a person or group is not permitted." RESOLUTION AMENDING CITY COUNCIL POLICIES ADOPTED BY RESOLUTION 021901 REGARDING NAMING OF CITY FACILITIES TO PROHIBIT THE RENAMING OF A FACILITY ALREADY NAMED IN HONOR OF A PERSON, GROUP OR EVENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The Resolution Number 021901 which adopted policies and general rules and procedures of the City Council, is amended to prohibit the renaming of a City facility which was previously named after person, group, or event. * "6. Naming of City parks and recreational facilities. A formal policy for naming of parks and recreation facilities in the City of Corpus Christi is hereby adopted, and the guidelines shall be as follows: A. Donations. Upon donation of at least 51 percent of the value of a park or park facility and upon recommendation of the Parks and Recreation Advisory Committee, the City Council may name the park or park facility as the donating party designates if the park or park facility has not already been specifically named in honor of a person, group, or event. B. Subdivision Dedication. Park land received through dedication under the City's Platting Ordinance shall be named by the Parks and Recreation Advisory Committee. No formal action needs to be taken by the City Council. C. Name Change. Only the following facilities are eligible to be considered for name changes: (1) park or park facility which is not already named in honor of a person, group, or event; and (2) park or park facility which was named for the subdivision in which it is located. The following definitive steps shall be taken regarding a proposed name change for these eligible parks and park facilities. (1) Persons, groups, or organizations desiring the name change shall fill - ut complete a request for name change and submit the proposal to the staff of the Parks and Recreation Department for review and consultation with the requesting entity. (2) Name change requests shall be submitted to the Parks and Recreation Advisory Committee. No action may be taken by the Board committee for a minimum of 60 days after receipt of the proposal. H: \LEG- DIR \Lisa\2009 Resolutions \Naming of City facilities November 9.doc —104— 2 (3) During the 60 -day waiting period, legal notice shall be published twice in a newspaper of general circulation giving notice of the proposed name change. (4) Written comments are to be submitted to the Parks and Recreation Advisory Committee and interested individuals are invited to come before the Board committee to address the issue. (5) At the first meeting after the 60 -day waiting period, the Parks and Recreation Advisory Committee will take one of the following actions: (a) Approve the request and refer the recommendation to the City Council; (b) Reject the request; or (c) Table the request for future action or additional information. In the event the request is rejected by the Board committee, the requesting entity may appeal the rejection to the City Council. (6) The Council shall consider the request and either approve or reject the request. The Council, at its option, can waive all provisions herein provided for eligible park and recreation facilities in commemorating or memorializing an individual, group or aet event. If approved, the Parks and Recreation Department shall arrange suitable renaming ceremonies. Costs associated with renaming ceremonies and the provisions of markers, signs, plaques, or memorials shall be borne by the entity proposing the name change. D. Special Considerations. In choosing names after individuals, consideration may be given to persons living or dead. Special consideration shall be given to the contributions the person has made to the City, State, or Country. A facility or park may not be named after an individual currently in public office or serving as an employee of a local governmental jurisdiction. A one -year waiting period after termination from completion of public office or municipal employment is considered adequate. Names related to religious denominations will generally not be favorably considered unless the rules of donation apply. Input from neighborhood organizations in the immediate vicinity of the park or facility will be sought in the case of a name change request. E. Renaming of park or park facility. The renaming of a park or park facility which is already named in honor of a person, group, or event is not permitted. 8. Naming of City facilities. Final decisions regarding the naming of City facilities shall be the decision of the City Council. The City Council may request recommendations from City Boards, Commissions, Committees, or other advisory bodies. Costs associated with 'renaming 3 ceremonies and the provision of markers, signs plaques, or memorials shall be borne by the entity requesting the name change. The renaming of any City facility which is already named in honor of a person, group, or event is not permitted." SECTION 2. This Resolution takes effect on date of City Council approval. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: %1, • 311 , 2009. Lisa Aguila,LAssistant City Attorney Corpus Christi, Texas of , 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott 13 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: December 8, 2009 AGENDA ITEM: A. Resolution approving the actions of the Board of Directors of the Corpus Christi Business and Job Development Corporation that established the Arena Maintenance and Repair Reserve Account in the Fund 1130 "Arena Facility Fund," transferred $150,000 from the Arena unreserved fund balance in the Fund 1130 "Arena Facility Fund" to the Arena Maintenance and Repair Reserve Account, and authorized the Corporation's Executive Director to expend funds for repairs and emergency expenditures from the Arena Maintenance and Repair Reserve Account without the approval of the Board of Directors under the same policies and practices as the City Manager is authorized to expend money on behalf of the City of Corpus Christi without approval by the City Council. B. Ordinance appropriating $150,000 from the Arena unreserved fund balance in the Fund 1130 "Arena Facility Fund" to establish the Arena Maintenance and Repair Reserve Account; changing the FY 2009 -2010 operating budget, adopted by Ordinance No. 028252 by increasing proposed expenditures by $150,000; and declaring an emergency. ISSUE: An Arena Maintenance and Repair Reserve account is needed for repairs and emergency expenditures to the Arena. Because the Arena is more than five (5) years old, unanticipated repair needs may occur that could range from minor inconveniences to failures that could prevent a scheduled event from occurring. A Maintenance and Repair Reserve Account will allow staff to address issues in a timely manner. REQUIRED COUNCIL ACTION: Council action is required to approve the actions of the Board of Directors of the Corpus Christi Business and Job Development Corporation to establish an Arena Maintenance and Repair Reserve Account and to appropriate funding. PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: Staff recommends approving the actions of the Board of Directors of the Corpus Christi Business and Job Development Corporation to establish an Arena Maintenance and Repair Reserve Account and to appropriate funding. C . 1264e.) Margie C. Rose Assistant City Manager Ext. 3232 margierAcctexas.com —1 1 1— BACKGROUND INFORMATION The Arena was completed and was officially dedicated as open to the public in November 2004. New facilities typically require very little in the way of repairs during the first five years of operation. Maintenance guarantees and extended warranties are available to address most issues that arise. Most facility operators and owners experience an increased number and cost of unanticipated repairs increases after year five. SMG, which manages the facility is contractually obligated to address minor repairs that cost $5,000.00 or less. Their contract provides for them to notify the City Manager or his designee concerning any repair needs that will cost in excess of $5,000.00. They are contractually prohibited from proceeding with those repairs until authorized. Unanticipated repair needs can range from minor inconveniences to failures that could prevent a scheduled event from occurring. The current arrangement requires staff to address each item with the Board of Directors of the Business and Job Development Corporation to secure the required funding. On November 16, 2009 the Business and Job Development Corporation recommended approval of the establishment of an Arena Maintenance and Repair Reserve Account. Page 1 of 3 RESOLUTION APPROVING THE ACTIONS OF THE BOARD OF DIRECTORS OF THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION THAT ESTABLISHED THE ARENA MAINTENANCE AND REPAIR RESERVE ACCOUNT IN THE FUND 1130 "ARENA FACILITY FUND," TRANSFERRED $150,000 FROM THE ARENA UNRESERVED FUND BALANCE IN THE FUND 1130 "ARENA FACILITY FUND" TO THE ARENA MAINTENANCE AND REPAIR RESERVE ACCOUNT, AND AUTHORIZED THE CORPORATION'S EXECUTIVE DIRECTOR TO EXPEND FUNDS FOR REPAIRS AND EMERGENCY EXPENDITURES FROM THE ARENA MAINTENANCE AND REPAIR RESERVE ACCOUNT WITHOUT THE APPROVAL OF THE BOARD OF DIRECTORS UNDER THE SAME POLICIES AND PRACTICES AS THE CITY MANAGER IS AUTHORIZED TO EXPEND MONEY ON BEHALF OF THE CITY OF CORPUS CHRISTI WITHOUT APPROVAL BY THE CITY COUNCIL WHEREAS, on November 16, 2009, the Board of Directors of the Corpus Christi Business and Job Development Corporation ( "Type A Board ") adopted a motion establishing the Arena Maintenance and Repair Reserve Account in the Fund 1130 "Arena Facility Fund," transferring $150,000 from the Arena unreserved fund balance in the Fund 1130 "Arena Facility Fund" to the Arena Maintenance and Repair Reserve Account, and authorizing the Corporation's Executive Director to expend funds for repairs and emergency expenditures from the Arena Maintenance and Repair Reserve Account without the approval of the Board of Directors under the same policies and practices as the City Manager is authorized to expend money on behalf of the City of Corpus Christi without approval by the City Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council approves the establishment of the Arena Maintenance and Repair Reserve Account in the Fund 1130 "Arena Facility Fund," the transfer of $150,000 from the Arena unreserved fund balance in the Fund 1130 "Arena Facility Fund" to the Arena Maintenance and Repair Reserve Account, and authorizing the Corporation's Executive Director to expend funds for repairs and emergency expenditures from the Arena Maintenance and Repair Reserve Account without the approval of the Board of Directors under the same policies and practices as the City Manager is authorized to expend money on behalf of the City of Corpus Christi without approval by the City Council. Resolution -- Arena Maintenance and Repair Reserve Fund- 1113409 ATTEST: Page 2 of 3 THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: 30th day of November, 2009. R. Jay einin First Assistant City Attorney For City Attorney Resolution -- Arena Maintenance and Repair Reserve Ftinill 1/402009 Page 3of3 Corpus Christi, Texas of , 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Resolution -- Arena Maintenance and Repair Reserve Fund 1 1rF09 Page 1 of 2 ORDINANCE APPROPRIATING $150,000 FROM THE ARENA UNRESERVED FUND BALANCE IN THE FUND 1130 "ARENA FACILITY FUND" TO ESTABLISH THE ARENA MAINTENANCE AND REPAIR RESERVE ACCOUNT; CHANGING THE FY 2009 -2010 OPERATING BUDGET, ADOPTED BY ORDINANCE NO. 028252 BY INCREASING PROPOSED EXPENDITURES BY $150,000; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $150,000 from the Arena unreserved fund balance in the Fund 1130 "Arena Facility Fund" is appropriated to establish the Arena Maintenance and Repair Reserve Account. SECTION 2. That Ordinance No. 028252, which adopted the FY 2009 -2010 Operating Fund, is changed to increase proposed expenditures in the Fund 1130 "Arena Facility Fund" by $150,000 for the new Arena Maintenance and Repair Reserve Account. SECTION 3. —That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of , 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: December 1, 2009 R .ay,Xeining" First Assistant City Attorney For City Attorney Joe Adame Mayor Appropriation — Arena Maintenance and Repair Reserve Fu112012009 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, Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Appropriation — Arena Maintenance and Repair Reserve Fn� .12012009 14 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 12/08/09 AGENDA ITEM: MOTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY TO EXECUTE AN ADMINISTRATIVE SERVICES AGREEMENT WITH THE INTERNATIONAL CITY /COUNTY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION (ICMA -RC), A DELAWARE NONPROFIT CORPORATION HEADQUARTERED IN WASHINGTON,D.C., BASED ON ICMA -RC'S PROPOSAL SUBMITTED IN RESPONSE TO THE CITY'S RFP #BI- 0200 -09 FOR EMPLOYEE 457(b) DEFERRED COMPENSATION PLAN ADMINISTRATION AND INVESTMENT SERVICES, FOR A FIVE -YEAR TERM WITH THE OPTION TO RENEW, SUBJECT TO APPROVAL OF ICMA -RC AND THE CITY MANAGER OR DESIGNEE, FOR UP TO FIVE ADDITIONAL ONE -YEAR PERIODS. THERE ARE NO CITY FUNDS INVOLVED IN THIS SERVICE AGREEMENT, AS THE PLAN IS FOR VOLUNTARY EMPLOYEE CONTRIBUTIONS ONLY. ISSUE: The City conducted a Request for Proposal in order to (1) ensure the City meets its fiduciary responsibility, (2) to provide a plan that gives the best value to employee participants, and (3) to consolidate to one plan provider. A 457 Deferred Compensation Plan is a supplemental retirement savings program that allows an employee to make voluntary contributions to an individual retirement savings account on a pre -tax basis. Federal, and in most cases, state income taxes are deferred until the assets are withdrawn, usually during retirement when an employee may be in a lower tax bracket. The City does not make any contribution to the deferred compensation plan; all contributions are from employees only. REQUIRED COUNCIL ACTION: Requesting City Council approval of the motion to enter into a service agreement with ICMA -RC for a deferred compensation plan for employees. PREVIOUS COUNCIL ACTION: In September 1976 the City adopted a deferred compensation plan for City employees by Ordinance 13405. The plan was further amended by Ordinance 16839 in January 1984. In March 1984 the City amended the deferred compensation plan for city employees and appointed International City Management Association (ICMA) Retirement Corporation as administrator and adopted the ICMA deferred compensation plan in Ordinance 18127. —121— In October 1987 the City adopted the United States Conference of Mayors Deferred Compensation Program, administered by the Public Employees Benefit Service Corporation (PEBSCO) which was later acquired by Nationwide Retirement Solutions, in Ordinance 20008, and established the City of Corpus Christi, Texas Deferred Compensation Plan for Public Employees. This plan was provided concurrently with the ICMA -RC plan as a second option for City employees. In April 2000, the Corpus Christi Police Officers' Association deferred compensation plan through VALIC Retirement Services (which was later acquired by and is still controlled by AIG) was implemented. The term of the service agreement was for a period of five (5) years and renewing for successive two (2) year periods thereafter unless and until terminated according to the terms of the agreement. The VALIC service agreement expires effective December 31, 2009. In October2003 the City amended the U.S. Conference of Mayors Deferred Compensation Program by adding a domestic relations amendment to the plan document. In June 2005 the City added loan provisions to the three (3) deferred compensation plans, in response to recommendations from the plan providers and participant requests. ICMA -RC through Ordinance 026202, Nationwide through Resolution 026203, and VALIC through Resolution 026346 In December 2005 the City adopted an amended plan document for the U.S. Conference of Mayors deferred compensation plan through Nationwide effective January 1, 2006, as a result of changes in IRS rules regarding such plans, and also amended the Summary Plan Documents for the VALIC and ICMA -RC plans. CONCLUSION AND RECOMMENDATION: It is recommended, by staff and the Deferred Compensation Plan Steering Committee, that the City Council approve the service agreement with ICMA -RC. Attachments ' Cyna C. Garcia Director of Human Resources cynthiag@cctexas.com 361- 826 -3315 — 1 2 2 — BACKGROUND INFORMATION In March 2007 the City established the Deferred Compensation Plan Steering Committee made up of employees from various departments throughout the City, including representatives of the unions. The City contracted with Al DiCristofaro, The Retirement Store, to serve as a consultant, and educator, for the committee. In April 2007 the City conducted presentations for the Corpus Christi Police Officers' Association and the Corpus Christi Firefighters' Association, at their respective halls, to present the findings of the independent review. Presentations continued through May 2007. In May 2007 the committee proposed an investment policy statement to City Manager. The policy statement was approved, and adopted. In October 2007 the Corpus Christi Firefighters Association voted to support the City's recommendation to change to a single plan provider. In June 2009 the City contracted with Al DiCristofaro, The Retirement Store, to assist with a Request for Proposal process for the deferred compensation plan. In July 2009 the City issued a Request for Proposal (RFP) for third party administration from entities that could provide a single source for Plan Administration and Investment Services for the City's 457(b) Deferred Compensation Plan. The RFP was advertised and issued to twenty two (22) service providers. The RFP stated that it was the intent of the City in exercising its fiduciary responsibility through the issuance of the RFP that the Plan would provide excellent value to its participants and that participants would not be materially disadvantaged by the RFP process or its outcomes. General objectives stated in the RFP were as follows: • Attain the lowest possible expense ratio in providing the requested products and services with no front or back -end loads, contingent deferred sales charges, market value adjustments or other surrender - related penalties on either a group or individual basis. • Provide a menu of investment options that have materially different risk/return characteristics (i.e. no redundancy in asset class) and be appropriate for the various levels of investment sophistication of participants in the Plan. The investment menu will include an option that provides reasonable safety of the invested principal with competitive credited rates. The City will consider the addition of a Self- Directed Brokerage Option to the Plan. • Provide effective participant education, enrollment and counseling services with on -site representative(s) assisted by a reliable toll -free customer service Voice Response Unit (VRU) and fully functional internet services. • Provide guarantees, with effective monitoring and reporting systems, that products and services will be delivered as proposed throughout the service agreement term. -123- • Absorb all costs associated with the transition to a new plan including MVAs, CDSCs, or any other fee that might be assessed to the plan by an existing provider upon transition to a new administrator. Proposals were due on August 7, 2009. The City received six (6) proposals; Great West, Hartford, ICMA -RC, ING, Lincoln, and Nationwide. Proposals were evaluated by the Deferred Compensation Plan Steering Committee across five major criteria: 1. Administration and Regulatory 2. Fees and Expenses 3. Investment Options 4. Proposer's Experience and Financial Stability 5. Services Provided to Participants The City's deferred compensation plan steering committee began evaluation of proposals in mid - August, and on October 15, 2009 heard "Best and Final Offers" from the three finalists, Great West, Nationwide, and ICMA -RC. The committee selected the ICMA -RC proposal as the best meeting the needs of participants and employees of the City of Corpus Christi. The City's purchasing and legal divisions began service agreement negotiations with ICMA -RC shortly thereafter. Some of the reasons for the selection of the ICMA -RC proposal by the Committee included: • Significantly lower expense structure than what is provided with the current three vendor arrangement. • A new investment menu that meets specific "best in class" criteria while eliminating asset class redundancy. • The inclusion of a stable value option that has historically provided excellent value against other products in the stable value universe. • The inclusion of a self- directed brokerage options (SDBO) that allows more employee flexibility in investing salary deferrals. • The services of a local representative who would continue to assist employees with their 457 plan participation. ICMA -RC is recommended for award as it earned the highest overall score, and represents the best overall value to Plan participants. —124— eu91u0 UOgenleA3 0 a§ 84.2% / a $ 26.4% 4.3% • o•ta$ a ICMA -RC Washington, D.C. $ / 22.! 9 / ) Nationwide Solutions Dublin, OH 77 7ƒ 25.: 72.: \/ 10.4 • Great -West Annuity Insu Company Greenwood CO / \J \ --.4 § 22. <' ® w o o Co e Lincoln Final Group Fort Wayne, CD @ $ a $ $ «, 3.� / W The Hartforc Company Simsbury, C §//k \ 18.9% 53.0% 15.0% $ / e 5.1% ING Life Insurance & Annunity Company Windsor, CT —125— 2m230 2 9 c F3 0)/}\§ El \\0) - 0) 0 Z m 0 73 z- \ \ k 15 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: December 8, 2009 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute an interlocal cooperation agreement to accept, process, and dispose of solid waste delivered by Aransas County at the City's Cefe Valenzuela Municipal Landfill for a period of one year, renewable annually until 2029. ISSUE: To enter an agreement with Aransas County for delivering waste to the Cefe Valenzuela Landfill for disposal. REQUIRED COUNCIL ACTION: Approval of motion as submitted. PREVIOUS COUNCIL ACTION: Council has previously approved disposal contracts with commercial haulers that offer volume discounts, provided, the haulers agree to bring at least 80% of their total disposal volume to the City's solid waste disposal facilities. CONCLUSION AND RECOMMENDATION: Approval of motion as submitted. -129- Lawrence Mikolajczyk, Director of Solid Waste Operations 361- 826 -1972 LawM @cctexas.com BACKGROUND INFORMATION The efficient operation of the Cefe Valenzuela Municipal Landfill is dependent on a consistent flow of solid waste. Competition from landfills in San Antonio and Robstown have resulted in a continuing need to be competitive in price and service while guaranteeing a secure disposal facility for solid waste haulers in our area. The City has previously entered into "put or pay" disposal agreements with local commercial waste haulers, offering discounts from the published disposal rate of 25% if the hauler agrees to deliver 80% of their waste to the City and 28% if the hauler agrees to deliver 100% of their waste to the City. Governments, like private businesses, strive to reduce costs and maximize efficiencies in their operations. It is estimated that Aransas County will deliver approximately 4,000 to 6,000 tons of solid waste per year for disposal. Both Aransas County and the City of Corpus Christi will realize cost and efficiency benefits through the execution of this interlocal cooperation agreement. The Commissioners' Court of Aransas County has approved the execution of this interlocal agreement. CONTRACT SUMMARY: The interlocal agreement with Aransas County establishes no minimum disposal tonnage requirement. However, Aransas County has agreed to deliver 100% of their waste to the City's Cefe Valenzuela Landfill. The initial term of the agreement is one year and may be renewed annually up to nineteen additional one -year terms. —130— INTERLOCAL COOPERATION WASTE DISPOSAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI Aransas County Waste Agmt Revd2 20091123 AND ARANSAS COUNTY -131- Page 1 of 19 TABLE OF CONTENTS Article Subject Page Number 1 General Provisions 3 2 Acceptable Waste 9 3 Fees 9 4 Billing and Payments 9 5 Landfill Procedures 10 6 Governmental Regulation 12 7 Suspension for Force Majeure 12 8 Liquidated Damages and Default 13 9 Representation and Warranties 15 10 Governing Law and Venue 16 11 Miscellaneous Provisions 16 Exhibit A (end; page 20) Aransas County Waste Agmt Revd2 20091123 Page 2 of 19 —132— INTERLOCAL COOPERATION WASTE DISPOSAL AGREEMENT This waste disposal agreement ( "Agreement ") is made between the City of Corpus Christi ( "City ") and Aransas County ( "Hauler") to address the acceptance, processing, and disposal of acceptable solid waste brought by the Hauler to the City's Cefe Valenzuela Municipal Landfill ( "Landfill ") and requires the Hauler to deliver to the Landfill and pay for the disposal of waste accepted by the City under the terms and conditions of this Agreement. This Agreement is made by the parties pursuant to the provisions of the Texas Intergovernmental Cooperation Act, Government Code, Chapter 791, to achieve efficiency in meeting intergovernmental responsibilities. The parties agree to the following: ARTICLE 1. GENERAL PROVISIONS. 1.1. Definitions. The following words and phrases have the following meanings when used in this Agreement: Acceptable waste means garbage, litter, refuse, rubbish, yard waste, debris, and construction /demolition materials, but does not include, for the purposes of this Agreement, hazardous waste, medical waste, heavy brush, recyclable materials, or unacceptable waste. Act means the Solid Waste Disposal Act, as amended, 42 U.S.C. 6901, et seq. Bulky items means indoor and outdoor furniture, mattresses and box springs, car- pet, swing sets, plastic swimming pools, large toys, bicycles, fish aquariums, and large household appliances. CERCLA means the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. 9601, et seq. Clean wood waste means individual pieces of wood of the type normally sold by lumber yards and home improvement centers that is free of hardware and other large fasteners, such as hinges, hurricane straps, latches, etc., and is not attached to concrete, wallboard, roofing materials, or other construction materials. Coastal Bend Council of Governments' Region ( "CBCOG Region') means Aransas, Bee, Brooks, Duval, Jim Wells, Live Oak, Kenedy, Kleberg, McMullen, Nueces, San Patricio, and Refugio Counties. Construction/demolition materials means waste resulting from construction or de- molition projects, including brick, concrete, concrete rubble, gypsum board, lumber, sheetrock, roofing materials, fixtures (such as bath tubs, shower stalls, sinks, and toilets), and remodeling debris (such as cabinets, ceramic tile, Formica, and similar items). Debris means large waste materials, such as construction /demolition materials, ashes, roofing materials, dirt, automobile frames, tires, or other bulky heavy materials. Aransas County Waste Agmt Revd2 20091123 —133— Page 3of19 Effective date means the date on which the last party to this Agreement executes this document. Force Majeure means any event or condition, whether affecting the Landfill, the City, or the Hauler, that has, or may reasonably be expected to have, a material ad- verse effect on a party's obligation under this Agreement or on the Landfill, if the event or condition is beyond the reasonable control, based on sound management or industry practices, and not the result of willful or negligent action or a lack of reasonable diligence, of the party ( "non- performing party ") relying on the event or condition as justification for not performing any obligation or complying with any condition required of the party under this Agreement. The following events or condition shall, if they meet the requirements of the preceding sentence, constitute a Force Majeure: (a) An act of God, storm, flood, or similar occurrence (except for weather conditions normal for the area) landslide, earthquake, fire, or other casualty, an act of the public enemy, war, blockage, insurrection, riot, general arrest or restraint of government and people, civil disturbance or similar occurrence. (b) The order or judgment of any federal, State, or local court, administra- tive agency, or governmental officer or body, if it is not also the result of willful or negligent action or a lack of reasonable diligence of the non- perfor- ming party, and the non - performing party does not control the administra- tive agency or governmental officer or body, provided that the diligent con- test in good faith of any order or judgment does not constitute or may not be construed as a willful or negligent action or a lack of reasonable diligence of the non - performing party. (c) The adoption, promulgation, issuance, material modification, or change in interpretation, after the date of this Agreement, of any federal, State, or local law, regulation, rule, requirement, or ordinance that affects the interpre- tation or application of the provisions of this Agreement, excluding properly enacted increases in the published disposal rates. (A law, regulation, rule, requirement, or ordinance is duly adopted, promulgated, issued or otherwise officially modified or changed in interpretation, when it is in provisional, interim, or final form and effective or to become effective without any further action by any federal, State or local governmental body, administrative agency, or governmental official having jurisdiction.) (d) The failure of the City or public utilities having operational jurisdiction in the area of the Landfill to provide, maintain, and assure the maintenance of all utilities, services, sewerage, and water lines essential to the operation of the Landfill, except a failure caused by the gross negligence, willful action, or a lack of reasonable diligence by the City, and including an interruption caused by emergency conditions. (e) A strike, lockout, or other similar labor action. Aransas County Waste Agmt Revd2 20091123 Page 4 of 19 —134— (f) The failure to obtain or maintain any essential permit or license from any governmental unit through no fault of the affected party (the party claiming a Force Majeure). Garbage means putrescible animal or vegetable matter, such as waste material and refuse usually associated with the preparation of food from kitchens, resi- dences, grocery stores, butcher shops, restaurants, cafes, hotels, rooming houses, and boardinghouses, but does not include sewage, body waste, or industrial by- products. Generator means the person that creates a solid waste. For the purposes of this chapter, a construction or repair contractor or landscape or tree service is con- sidered to be the generator of any solid waste that is produced by the contractor or service or results from the contractor's or service's work on the premises of a cus- tomer. A business or commercial establishment is considered the generator of any packaging materials on products delivered to a customer, which are returned to the business or commercial establishment that made the delivery. Hazardous waste means: (a) Any waste, material, or substance, which by reason of its composition or characteristic is regulated as a toxic or hazardous waste or hazardous sub- stance under applicable laws, including without limitation: (i) The Solid Waste Disposal Act, also known as the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. 6901, et seq., as replaced or amended from time to time, and the rules, regulations, written policies, or written guidelines promul- gated the Act (including, without limitation, 40 C.F.R. Section 261.4, which generally excepts household waste from the definition of Hazardous Waste). (ii) The Toxic Substances Control Act, 15 U.S.C, 260, et seq., as replaced or amended from time to time, and the rules, regulations and written policies and written guidelines promulgated the Act. (iii) Any State law or regulation of governing the storage, trans- portation, and disposal of solid waste, hazardous waste, toxic materials, or hazardous substances, including but not limited to the Texas Solid Waste Disposal Act, Texas Health and Safety Code, Chapter 361, and 30 Texas Administrative Code Chapter 330. (b) Radioactive material, which is source, special, nuclear, or byproducts material within the meaning of the Atomic Energy Act of 1954, as replaced or amended from time to time, and the rules, regulations, and written policies or written guidelines promulgated under the Act. (c) Any other waste, material, or substance, which is characterized or de- fined to be toxic or hazardous by the State of Texas, TCEQ, or USEPA with Aransas County Waste Agmt Revd2 20091123 Page 5 of 19 —135— respect to the Landfill or by any other federal or State regulatory agency having jurisdiction over the Landfill under any written regulation, policy, guideline, or order having the force of law. (d) Notwithstanding the above, if the TCEQ or USEPA determine by written regulation, policy, guideline, or having the force of law in relation to: (i) A waste, material, or substance, which is not considered toxic or hazardous as of the effective date of this Agreement, is toxic or hazardous, then the waste, material, or substance shall, from the effective date of the determination by TCEQ or USEPA, constitutes a hazardous waste for purposes of this Agreement. (ii) A waste, material, or substance, which is considered toxic or hazardous as of the effective date of this Agreement, is not toxic or hazardous, then such waste, material, or substance shall, from the effective date of the determination by TCEQ or USEPA, no longer constitutes a hazardous waste for the purposes of this Agreement. (e) Notwithstanding the inclusion of the definition of this item, the parties to this Agreement are specifically excluding the acceptance, handling, and disposal of hazardous waste from the provisions of this Agreement. Heavy brush means tree and shrub limbs and trimmings which are greater than three (3) inches in diameter, tree trunks, root balls, and other large plant matter. Notwithstanding the inclusion of the definition of this item, the parties to this Agree- ment are specifically excluding the acceptance, handling, and disposal of heavy brush from the provisions of this Agreement. Household appliance means general household appliance that will not fit into a refuse receptacle including: (a) Non -metal appliance, such as a television set, stereo system, video cassette recorder (VCR), microwave oven, and other similar item con- structed primarily of plastic or other non - metallic parts. (b) Metal appliance, such as a stove, cooking range, oven, dishwasher, washing machine, clothes dryer, refrigerator, window air conditioning unit, water heater, lawn mower or edger, and other similar items constructed primarily of metal parts. Household waste means garbage, rubbish, litter, refuse, yard waste, debris, and limited construction /demolition materials commonly generated by a residential household. Jurisdictional waste means waste collected within the City or its industrial districts. Landfill means the City's Cefe Valenzuela Municipal Landfill located in Nueces County, Texas. Aransas County Waste Agmt Revd2 20091123 Page 6 of 19 —136— Litter means any rubbish, paper, napkins, straws, cups or containers made of paper, plastic, Styrofoam (or other similar material), bottles, glass, candy or gum wrappers, remnants of food, cans, or remnants or parts thereof, or any material of an unsanitary nature. Medical waste means waste generated by health -care related facilities and asso- ciated health -care activities, including veterinary services, but not including garbage or rubbish generated from offices, kitchens, or other non - health -care activities. Notwithstanding the inclusion of the definition of this item, the parties to this Agree- ment are specifically excluding the acceptance, handling, and disposal of medical waste from the provisions of this Agreement. Published disposal rate means the published tipping rate for commercial vehicles based on weight, as published in Section 21- 41(e)(2)A of the City Code of Ordi- nances (hereinafter referred to as the "Code "), less the difference between the municipal solid waste system service charge published in Section 21- 47(b)(1) of the Code and the credit published in Section 21- 47(b)(5) of the Code and any appli- cable State or federal fees. Recyclable means a waste material that has been designated by the Director for inclusion in the City's recycling program, that has a useful physical or chemical property after serving its original purpose, or that may be reused, sold as a commodity, or converted into another product. Notwithstanding the inclusion of the definition of this item, the parties to this Agreement are specifically excluding the acceptance, handling, and disposal of recyclable materials from the provisions of this Agreement. Refuse means a mixture of garbage, rubbish, and other waste that is normally placed in a receptacle for collection and disposal, but does not include yard waste, heavy brush, debris, or construction /demolition materials. Rubbish means non - decayable solid waste, excluding ashes, which consists of combustible materials, such as paper, rags, cartons, wood, rubber, plastics, and similar materials, and noncombustible matter, such as glass, crockery, metal cans, and similar materials that do not burn at ordinary incinerator temperatures. Site Operating Plan means the site operating plan for the Landfill that is generally applicable to customers utilizing the Landfill, as determined by the City. Solid waste means garbage, rubbish, litter, refuse, yard waste, heavy brush, debris, and construction /demolition materials. Specifically, "solid waste" for the purposes of this Agreement does NOT include hazardous waste, heavy brush, and medical waste. Tipping fee rate means the rate charged to a commercial vehicle disposing of solid waste at the City's disposal site. TCEQ means Texas Commission on Environmental Quality. Aransas County Waste Agmt Revd2 20091123 Page 7 of 19 —137— Ton means 2,000 pounds. Trash means a single item of rubbish, not otherwise defined as debris or construc- tion /demolition material, but including small items, such as a small household appliance, that will not fit into a conventional refuse receptacle. Unacceptable waste means waste that the City is not allowed to accept under the rules issued by the TCEQ or the Site Operating Plan. Additionally, for the specific purposes of this Agreement, unacceptable waste also includes heavy brush, recyclable materials, medical waste, and hazardous waste. USEPA means the United States Environmental Protection Agency. Yard waste means grass clippings, weeds, leaves, mulch, small trees and shrub limbs, which are Tess than three (3) inches in diameter and less than five (5) feet in length, and other similar plant matter. 1.2. Interpretation. In this Agreement, unless the context otherwise requires, words of masculine gender means and includes correlative words of feminine and neuter genders, and words importing the singular number means and includes the plural number and vice versa. 1.3. Term. 1.3.1. Unless sooner terminated under the terms of this Agreement, this Agree- ment takes effect upon the authorized signature of the last party signing ( "effective date ") and continues in effect for a term of one (1) year. Following the initial one - year period of this Agreement, the parties may mutually agree to renew and con- tinue this Agreement. Unless notification is sent by a party desiring termination not later than 90 days before the anniversary renewal date of this Agreement, such Agreement will automatically continue for an additional renewal period. This Agree- ment may be renewed by the parties for an additional nineteen (19) one -year periods following the initial term. 1.3.2. Upon the expiration or termination of this Agreement, the Hauler's obliga- tions to deliver acceptable waste and the City's obligations to accept, process, and dispose of acceptable waste shall terminate. 1.3.3. However, by mutual agreement of the parties, the provisions of Article 8 and Sections 12.3, 14.18, and 14.19 survive the expiration or termination of this Agree- ment. 1.4. Hauler Required to Obtain City Permits. The Hauler must obtain a solid waste hauler's permit as required by applicable City ordinances. Aransas County Waste Agmt Revd2 20091123 Page 8 of 19 —138— ARTICLE 2. ACCEPTABLE WASTE 2.1. Acceptable Waste. 2.1.1. The Hauler shall deliver only acceptable waste. 2.1.2. Any acceptable waste co- mingled with hazardous, medical, or unacceptable waste will be considered unacceptable waste. 2.1.3. At any time, the City and Hauler mutually may agree in writing that any materials, which are defined as unacceptable waste in Section 1.1. of this Agree- ment, should in the future be reclassified as acceptable waste. 2.2. Hauler Agrees Not to Deliver Unacceptable Waste. The Hauler agrees that the Hauler will not deliver heavy brush and hazardous, medical, or unacceptable waste to the City. 2.3. Ownership of Solid Waste. Any solid waste delivered to the Landfill remains the property of the generator, and legal title to the solid waste shall never pass to the City. Upon request, the Hauler will make records available to the City to determine the gene- rators of any hazardous, medical, or unacceptable waste delivered to the Landfill. ARTICLE 3. FEES 3.1. Acceptance Fee for Guaranteed Monthly tonnage. 3.1.1. The discounted acceptance fee for acceptable waste delivered by the Hauler to the Landfill is seventy -two percent (72 %) of the published disposal rate, plus any mandated federal or State fees. 3.2. Payment of Permitting Fees. The Hauler agrees to pay all solid waste permitting fees imposed by City ordinances. ARTICLE 4. BILLING AND PAYMENTS. 4.1. Billing. The City shall provide a monthly bill to the Hauler. 4.2. Payments. The Hauler shall make payment to the City of the amount of each bill within 30 days of the billing date ( "due date ") shown on the bill. 4.3. Disputes. 4.3.1. In the event of a dispute as to any monthly payment the Hauler shall pay when due the amount of the bill, less the amount in dispute. 4.3.2. The Hauler shall give the City, at the time payment is made on the bill, written notice of the dispute. 4.3.3. The notice of dispute shall state the amount in dispute and a full statement of the grounds that form the basis of the dispute. Aransas County Waste Agmt Revd2 20091123 Page 9 of 19 —139— 4.3.4. Upon settlement by the parties of the dispute, if the City prevails, the Hauler shall promptly pay the amount due. 4.4. Fees Not Subject to Set -Off. The obligations of the Hauler to pay fees under the terms under this Agreement are not subject to any set -off, abatement, counterclaim, existence of a dispute or any reason, known or unknown, foreseeable or unforeseeable, which might otherwise constitute a legal or equitable defense or discharge of the liabilities of the Hauler under this Agreement or limit recourse to the Hauler. 4.5. Payment of Fees No Bar to Claims for Abatements, Refunds, or Adjustments. Payments made under this Article do not prejudice the rights of the Hauler to claim abate- ments, refunds, or adjustments to which it is entitled under this Agreement. ARTICLE 5. LANDFILL PROCEDURES. 5.1. Acceptance of Solid Waste. The City will accept at the Landfill all acceptable waste delivered by the Hauler under the terms of this Agreement unless the City has rejected the solid waste under Section 5.2. of this Agreement. 5.2. Rejection of Solid Waste. 5.2.1. The City is not obligated to accept waste if the Landfill is closed due to a Force Majeure. 5.2.2. The City is not obligated to accept waste if the Hauler's account is more than 60 days in arrears of the due date. However, the City will accept any acceptable waste if the Hauler makes a cash payment at the time of delivery in the event Hauler's account is in arrears. 5.2.3. The City is not obligated to accept waste if the Hauler fails to comply with any published delivery procedures. 5.2.4. The City is not obligated to accept waste if a delivery of solid waste contains both acceptable waste and any hazardous, medical, or unacceptable waste. 5.3. Improper Delivery of Hazardous, Medical, or Unacceptable Waste to Landfill. The Hauler agrees to comply with the provisions in the Site Operating Plan relating to the improper delivery of hazardous, medical, or unacceptable waste and the procedures for removing any hazardous, medical, or unacceptable waste from the Landfill. The Hauler agrees to pay any charges relating to the removal and disposal of hazardous, medical, or unacceptable waste that would be charged to any other permitted hauler that improperly delivered hazardous, medical, or unacceptable waste to the Landfill. 5.4. Delivery Schedule. 5.4.1. During the term, the Hauler may deliver acceptable waste to the Landfill during its normal posted hours of operations. Aransas County Waste Agmt Revd2 20091123 Page 10 of 19 —140— 5.4.2. The City will open the Landfill for at least 58 hours during weeks without City holidays. The City reserves the right to expand or reduce Landfill hours as it deems necessary. If the City reduces Landfill hours, the City will notify the Hauler of such changes in writing within 24 hours of said determination, unless reduced due to an unavoidable circumstance. 5.4.3. The City will consider requests for additional hours based on special needs of the Hauler and the availability of Landfill personnel. 5.4.4. Except in a Force Majeure, the City will endeavor to provide the Hauler with at least 48 hours advance notice of any changes in the hours or days of operation. 5.5. Delivery Procedures. 5.5.1. The delivery of solid waste to the Landfill shall be regulated by the provisions of the Site Operating Plan. Copies of the relevant provisions will be provided by the City to the Hauler from time to time. The terms and conditions in the Site Operating Plan are intended to reflect the actual procedures and operations at the Landfill. An extract of the relevant provisions of the current Site Operating Plan is attached as Exhibit A. 5.5.2. The City reserves the right to redirect the Hauler's trucks from the working face to an on -site transfer station. 5.6. Delivery Vehicles. 5.6.1. Acceptable waste must be delivered by the Hauler, at its expense, to the Landfill in enclosed container vehicles or enclosed compactor vehicles complying with any applicable State laws and regulations and City ordinances regulating the permitting of haulers, vehicles, and containers, regulating the marking of solid waste vehicles and containers, setting insurance requirements for haulers and vehicles, and identifying the hauler or generator of solid waste being delivered to the Landfill. 5.6.2. The City may provide for a system for the identification of delivery vehicles, including, without limitation, identification of the Hauler, identification of the specific vehicle, identification of any roll -on /roll -off containers, and tare weight of the vehicle or containers used to haul solid waste to the Landfill. 5.6.3. The City is under no obligation to accept acceptable waste from persons or vehicles not complying with the permitting and marking systems, the insurance re- quirements, or the delivery procedures established by the City. 5.6.4. The City may enforce compliance with permitting and marking systems and delivery procedures by denial of disposal privileges and such other means as it may reasonably determine to be necessary and appropriate. Aransas County Waste Agmt Revd2 20091123 Page 11 of 19 —141— 5.7. Front of Line Privileges. 5.7.1. The City will provide front of line privileges to the Hauler and other haulers with "put or pay" contracts (like this Agreement) with the City. 5.7.2. The City may at its discretion suspend front of line privileges under this Agreement when waiting times to tip for other permitted haulers at the Landfill ap- proach thirty (30) minutes. ARTICLE 6. GOVERNMENTAL REGULATION. 6.1. Jurisdiction. The City and the Hauler acknowledge that the collection, transporta- tion, and disposal of solid waste is subject to regulation under both federal and State laws and regulations and the jurisdiction of various governmental agencies, including, without limitation, USEPA, TCEQ, and the Texas Department of Public Safety. 6.2. Compliance with Laws, Regulations, and Ordinances Relating to the Collection, Transportation, and Disposal of Solid Waste. The City and the Hauler agree, at their own expense (subject to the provisions in this Agreement relating to Change in Law and Force Majeure), to materially comply with all applicable law, statutes, rules, regulations, ordinances, and Site Operating Procedures applicable to them in connection with this Agreement and the transactions contemplated by this Agreement. The law, statutes, rules, regulations, and ordinances may include, without limitation, actions taken by the Texas Department of Transportation and City of Corpus Christi to regulate vehicle traffic associated with the Landfill. 6.3. Compliance with Other Laws and Regulations and Industry Standards by Hauler. Hauler shall comply with all other applicable laws, rules, regulations, ordinances, permits, and requirements of any governmental entity having jurisdiction, including all applicable health and safety, anti - discrimination, affirmative action, and minority business opportunity laws. ARTICLE 7. SUSPENSION DUE TO FORCE MAJEURE. 7.1. Suspension of Obligations. 7.1.1. A delay or failure of performance under this Agreement by either party shall not constitute an event of default or cause for any liability under this Agreement to the extent caused by Force Majeure. 7.1.2. Any delay or failure caused by a Force Majeure shall be excused at any time performance is affected by a Force Majeure and during the period as may be reasonably necessary for the affect party, using its reasonable efforts to correct the adverse effects of the Force Majeure. 7.1.3. If the Force Majeure causes a reduction, but not a complete suspension in the ability of the City in connection with the operation of the Landfill to accept, pro- cess, or dispose of acceptable waste, then subject to then existing commitments of the City with respect to the Landfill, and the requirements of all applicable permits, Aransas County Waste Agmt Revd2 20091123 Page 12 of 19 —142— consents ,and approvals of the USEPA, TCEQ, and other governmental entities, the City shall use its reasonable efforts to allocate a portion of the reduced capacity of the Landfill to the Hauler. The allocation of Landfill capacity shall be determined by the City in its sole discretion. 7.1.4. The party relying on a Force Majeure as justification for a delay or failure of performance under this Agreement shall give the other party prompt written notice of the Force Majeure. 7.2. Efforts to Remove Condition. A party whose performance is adversely affected by a Force Majeure shall use its reasonable efforts to overcome or remove the Force Majeure. 7.2.1. After the completion of a suspension due to the Force Majeure and to the extent the City has the capacity to accept and dispose of excess waste, the City shall use its reasonable efforts to accept acceptable waste collected by the Hauler, which the Hauler was unable to deliver to the City during the Force Majeure period. 7.2.2. The City is not obligated to accept acceptable waste to the extent that the acceptance, processing, or disposal of the acceptable waste is contrary to or in violation of or would cause the City to be in violation of any permits and approvals for the Landfill. 7.2.3. In the event that Hauler is prevented from delivering acceptable waste to the Landfill as a result of the Force Majeure, Hauler shall still be required to deliver such tonnage as is reasonably practicable under the circumstances. The parties shall negotiate and agree on the period during which Hauler is entitled to cure any resulting shortfall. 7.3. Change in Taxes, Fees, Assessments, and Charges. The adoption of any law, regulation, rule, or ordinance that imposes or amends any tax, fee, assessment, or charge does not constitute a Force Majeure. ARTICLE 8. LIQUIDATED DAMAGES AND DEFAULT. 8.1. Suspension of Service by City. If the City fails to accept acceptable waste at the Landfill as required by the terms of this Agreement, the Hauler may select an alternate disposal site and be credited for any acceptable waste delivered to an alternate disposal site for the period of the failure by the City. If the conditions continue for more than thirty (30) days, this Agreement automatically terminates. 8.2. Events of Default of the City. The City is in default if it makes a general assign- ment for the benefit of creditors, files a petition in bankruptcy, is adjudicated insolvent or bankrupt, petitions or applies to any tribunal for any custodian, receiver, or trustee for it or any substantial part of its property, commences any proceeding relating to it under any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution, or liquidation law or statute of any jurisdiction, whether now or after the effective date of this Agreement is in effect, or if there shall have been filed any such proceeding, in which an order for relief is entered or which is not dismissed for a period of sixty (60) days or more, or if by Aransas County Waste Agmt Revd2 20091123 Page 13 of 19 —143— any act indicates the City's consent to, approval of, or acquiescence in any petition, appli- cation, or proceeding or order for relief or the appointment of any custodian, receiver of, or any trustee for the City or any substantial part of the City's property, or suffers any custo- dianship, receivership, or trusteeship to continue undischarged for a period of sixty (60) days or more. 8.3. Events of Default of Hauler. Each of the following shall be an event of default by the Hauler under this Agreement and are grounds for termination of the Agreement: 8.3.1. The Hauler fails to pay any amounts including, without limitation, the acceptance fee and any amounts payable under Sections 5.2 or 5.3, which become due under this Agreement, within thirty (30) days of notice of delinquency from the City. 8.3.2. The Hauler fails to observe and perform any other material term, covenant, or obligation contained in this Agreement, the Site Operating Plan, or other agree- ments or policies to which either the Hauler is subject and the failure continues for a period of ten (10) days after written notice to the Hauler specifying the nature of the failure and requesting that it be remedied. 8.3.3. The Hauler makes a general assignment for the benefit of creditors, files a petition in bankruptcy, is adjudicated insolvent or bankrupt, petitions or applies to any tribunal for any custodian, receiver, or trustee for it or any substantial part of its property, commences any proceeding relating to the Hauler under any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution, or liquidation law or statute of any jurisdiction, whether now or after this Agreement is in effect, or if there is or has been filed any proceeding, in which an order for relief is entered or which is not dismissed for a period of sixty (60) days or more, or if by any act indicates the Hauler's consent to, approval of, or acquiescence in any petition, application, or proceeding or order for relief or the appointment of any custodian, receiver of, or any trustee for the Hauler or any substantial part of the Hauler's property, or suffers any custodianship, receivership, or trusteeship to continue undischarged for a period of sixty (60) days or more. 8.4. Remedies on Default. Whenever any event of default occurs and is continuing, the non - defaulting party has the following rights and remedies: 8.4.1. Upon ten (10) days written notice to the City, if the City is then in default, the Hauler has the option to terminate this Agreement, unless the event of default is fully cured prior to the expiration of ten (10) day period or unless during the period the City has taken remedial steps the effect of which would be to enable the City to cure the event of default within a reasonable period of time (which, if the event of default is a default in the payment of monies and results from restraint by a court or regulatory agency, means the undertaking and prosecution of prompt, diligent, good faith efforts to remove the restraint); 8.4.2. Upon ten (10) days written notice to the Hauler, if the Hauler is then in default, the City shall have the option to terminate this Agreement, unless the Aransas County Waste Agmt Revd2 20091123 Page 14 of 19 —144— event of default is fully cured prior to the expiration of ten (10) day period or unless during the period the Hauler has taken remedial steps the effect of which would be to enable the Hauler to cure the event of default within a reasonable period of time (which, if the event of default is a default in the payment of monies and results from restraint by a court or regulatory agency, means the undertaking and prosecution of prompt, diligent, good faith efforts to remove the restraint); 8.4.3. Following ten (10) days notice to the Hauler, if the Hauler has defaulted, the City shall have the option, without terminating this Agreement, to stop accepting acceptable waste delivered or tendered for delivery by the Hauler, until the default is cured or this Agreement is terminated. The City may concurrently pursue any other remedies to which it is entitled at law or in equity for the default. ARTICLE 9. REPRESENTATION AND WARRANTIES. 9.1. Representations and Warranties of the Hauler. 9.1.1. The Hauler, by this Agreement, represents and warrants to the City that this Agreement has been executed by authorized officers of the Hauler and has, before entering this Agreement, delivered to the City evidence of the authority. 9.1.2. The Hauler has the full power and authority to execute and deliver this Agreement to the City and to carry out the obligations and transactions contem- plated by this Agreement throughout its term. 9.1.3. There is no claim or litigation pending or to the knowledge of the Hauler, threatened that questions this Agreement or that affects or may affect the oblige - tions and transactions contemplated by this Agreement. 9.2. Representations and Warranties of the City. 9.2.1. The City, by this Agreement, represents and warrants to the Hauler that the City has the full power and authority to execute and deliver this Agreement to the Hauler and to carry out the obligations and transactions contemplated by this Agreement. 9.2.2. There is no claim or litigation pending or to the knowledge of the City, threatened that questions this Agreement or that affects or may affect the oblige - tions and transactions contemplated by this Agreement. 9.3. Liability for Breach. It is understood and agreed that the parties to this Agreement are liable to each other in the manner and to the extent provided by law for any loss or harm occasioned by the breach of any term, covenant, agreement, undertaking, or obli- gation of this Agreement. This section survives the expiration or termination of this Agree- ment. Aransas County Waste Agmt Revd2 20091123 Page 15 of 19 —145— ARTICLE 10. GOVERNING LAW AND VENUE. 10.1. Laws of Texas Applicable. The interpretation and performance of this Agreement shall be under and controlled by the laws of the State of Texas. 10.2. Venue. The sole and exclusive forum for the initial determination of any question of law or fact to be determined in any judicial proceeding relating to this Agreement shall be any court of competent jurisdiction in Nueces County, State of Texas, including the United States District Court for the Southern District of Texas, Corpus Christi Division, unless a provision of law bars such venue. 10.3. Agreement Not Affected by Pending Litigation. Except as otherwise specifically provided in this Agreement, the pendency of any claim or litigation does not affect the obli- gations of the parties to make any payment or render any service required by this Agree- ment or the rights of the parties under this Agreement. ARTICLE 11. MISCELLANEOUS PROVISIONS. 11.1. Entire Agreement. This Agreement merges and supersedes all prior negotiations, representations, and agreements between the parties. This Agreement constitutes the entire agreement between the parties to this Agreement in respect of the subject matter of this Agreement. 11.2. Waiver. No delay in exercising or the failure to exercise of any right or remedy accruing to or in favor of any party under this Agreement impairs any right or remedy or constitutes a waiver of the right or remedy. Every right and remedy given under this Agreement or by law may be exercised from time to time and as often as may be deemed expedient by the parties to this Agreement. 11.3. Amendments and Modifications. This Agreement may not be amended or modi- fied except in writing. The amendment or modification must be signed on behalf of both parties by their duly authorized officers. 11.4. Successors and Assigns. This Agreement inures to the benefit of and binds the respective successors and permitted assigns of the parties to this Agreement. 11.5. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non - performance and authorizations for payment. All of Hauler's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the City's Director of Solid Waste Operations. 11.6. Notices. All written notices, reports, and other documents required or permitted under this Agreement must be in writing and are deemed to have been given when delivered personally or deposited in the mails, postage prepaid, registered or certified mail, return receipt requested, or by commercial overnight courier addressed to the party to whom notice is being given at the party's address set forth below. Either party may change its address by sending written notice that complies with this section. Aransas County Waste Agmt Revd2 20091123 Page 16 of 19 —146— Hauler: Aransas County Attn: Director, Environmental Health Services P. O. Box XXXXX City, State ZIP (361) XXX -XXXX Phone (361) XXX -XXXX Fax City: Director, Solid Waste Operations Department City of Corpus Christi 2525 Hygeia Street P.O. Box 9277 Corpus Christi, Texas 78469 -9277 11.7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31 annually, is subject to appropriations and budget approval providing for such contract item as an expenditure in that budget. The City does not represent that the budget item will be actually adopted, that determination is within the sole discretion of the City Council at the time of adoption of each budget. The parties also recognize that the Hauler's continuation of this Agreement is subject to the identical provisions of this section, albeit with a different applicable fiscal year ending date. 11.8. Further Actions. Each party agrees that it will, at its own expense, execute any and all certificates, documents, and other instruments, and take other actions as may be reasonably necessary to give effect to the terms of this Agreement. 11.9. Duplicate Originals. This Agreement may be executed in duplicate originals, any one of which is considered to be the original Agreement for all purposes. 11.10. Severability. In the event that any of the provisions, portions, or applications of this Agreement are held to be unenforceable or invalid by any court of competent jurisdic- tion, the City and the Hauler shall negotiate an equitable adjustment in the provisions of this Agreement with a view toward effecting the purpose of this Agreement, and the validity and enforceability of the remaining provisions, portions, or applications of this Agreement are not be affected by the defect in the provision, portion, or application of the Agreement that was ruled unenforceable or invalid. 11.11. Rights of Third Parties. Nothing in this Agreement is intended to confer any right on any person other than the parties to this Agreement and their respective successors and assigns; nor is anything in this Agreement intended to modify or discharge the obliga- tion or liability of any third person to any party to this Agreement or give any third person any right of subrogation or action over or against any party to this Agreement. 11.12. Headings for Convenience. The headings in this Agreement are for convenience and reference only and in no way define or limit the scope or content of this Agreement or in any way affect its provisions. Aransas County Waste Agmt Revd2 20091123 Page 17 of 19 —147— 11.13. Survival of Obligations. Notwithstanding the expiration or the termination of this Agreement under its terms, any duty or obligation of Hauler, which has not been fully observed, performed, or discharged, and any right, unconditional or conditional, which has been created for the benefit of the City, and which has not been fully enjoyed, enforced, or satisfied (including but not limited to the duties, obligations, and rights, if any, with respect to secrecy, indemnity, warranty, guaranty) shall survive the expiration or termination of this Agreement until the duty or obligation has been fully observed, performed, or discharged and the right has been fully enjoyed, enforced, and satisfied. 11.14. Exclusivity of Remedies. Neither party shall be liable for or obligated to pay punitive, consequential, special, incidental, or indirect damages in connection with the performance of this Agreement. AGREED TO BY THE PARTIES: ATTEST: ARANSAS COUNTY County Clerk County Judge Date: Date: Approved as to form: This day of , 2009 Richard Bianchi County Attorney ATTEST: CITY OF CORPUS CHRISTI City Secretary City Manager Date: Date: Approved as to form: This day of , 2009 Elizabeth Hundley Assistant City Attorney for the City Attorney Aransas County Waste Agmt Revd2 20091123 —148— Page 18 of 19 EXHIBIT A EXTRACTS FROM SITE OPERATING PLAN CITY OF CORPUS CHRISTI CEFE VALENZUELA MUNICIPAL LANDFILL Aransas County Waste Agmt Revd2 20091123 -149- Page 19 of 19 16 AGENDA MEMORANDUM City Council Action Date: December 8, 2009 SUBJECT: Oso Water Reclamation Plant Aerobic Digester No. 2 Improvements Project No. 7422 / CIP No. WW 14 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a construction contract with R.S. Black Civil Contractors, Inc. of Corpus Christi, Texas, in the amount of $470,000 for the Oso Water Reclamation Plant Aerobic Digester No. 2 Improvements. ISSUE: This project is part of a multi - phased effort to address aging infrastructure at the Oso Water Reclamation Plant (Oso WRP). These improvements increase protection against service interruptions, plant overloading, and permit violations, as well as increase efficiency. Specifically, this project consists of removing and replacing the aeration system for Aerobic Digester No. 2 (including equipment, instrumentation and controls, and bridge - supported walkways), and concrete crack repair for the Aerobic Digester No. 2 walls and floor. The City received proposals from seven bidders on November 11, 2009 (see Exhibit "C" Bid Tabulation). The bids ranged from $470,000 to $546,903. The low bidder was R.S. Black Civil Contractors, Inc. After reviewing the information submitted by the low bidder, City staff and the consultant, LNV Engineering, are recommending that the construction contract be awarded to R.S. Black Civil Contractors, Inc. in the amount of $470,000. FUNDING: Funding is available from the Wastewater Capital Improvement Budget FY 2009. RECOMMENDATION: Staff recommends approval of the motion as presented. Foster Crowell Director of Wastewater Services 361/826-1875 fosterc@cctexas.com Additional Support Material: Exhibit "A" Background information Exhibit "B" Prior Project Actions Exhibit "C" Bid Tabulation Exhibit "D" Project Budget Exhibit "E" Location Map / 00- Pete Anaya, P.E. Director of Engineering Services 361/826 -3781 petean(a�cctexas. com H u1CNEUincleonOGENNw aslowaiea0422 C w Amco;c 0:p.3st4 No 21Conau:.-'.z.'1± ,:, -153- AGENDA BACKGROUND INFORMATION SUBJECT: Oso Water Reclamation Plant Aerobic Digester No. 2 Improvements Project No. 7422 / CIP No. WW 14 PROJECT DESCRIPTION: This project consists of removing and replacing an aerobic digester aeration system for Aerobic Digester No. 2 at the Oso Water Reclamation Plant (Oso WRP). This includes the necessary equipment, instrumentation and controls to provide an operating system complete with air diffusion equipment, bridge- supported walkways and instrumentation. This project also consists of concrete crack repair on the digester walls and floor. The Oso Water Reclamation Plant is adjacent to property deeded to Texas A &M University— Corpus Christi. This project is an approved CIP project. The improvements to Aerobic Digester No. 2 were previously included in the construction project of Oso WRP Clarifiers No. 5 -8 Improvements (Project No. 7356) as Additive Alternate No. 2. That project bid on June 27, 2007 and the construction contract was awarded to R.S. Black Civil Contractors Inc. in the amount of $4,546,750 for the Total Base Bid and Additive Alternate No. 1 (for removing and replacing the existing traveling bridge on rectangular Clarifier No. 5). However, the improvements to Aerobic Digester No. 2 were not awarded at that time because of limited funds. CONTRACT TERMS: The project is estimated to require 280 calendar days, with completion anticipated in November 2010. PROJECT BACKGROUND: The Oso WRP consists of four (4) aerobic digesters. The original aeration equipment on Aerobic Digester No. 2 was installed in 1983 but it has been out of service for approximately 11 to 12 years. The digester was taken out of service due to a collapse in the walkway and supports toward the center of the digester. The other three aerobic digesters have remained in operation but they are in need of maintenance. Completing the improvements to Aerobic Digester No. 2 will allow for repairs to be made to the other digesters. This project is one of several at the Oso WRP that have been developed over multiple fiscal years to address the rehabilitation and replacement of aging systems at the plant. These improvements increase protection against service interruptions, plant overloading, and permit violations, as well as increase efficiency. The first project was completed in May 2004 and provided structural improvements to the catwalks at the East Aeration Basins and Aerobic Digester No. 4 (Aeration Basin Structural Improvements Project No. 7270). The second project, completed in March 2006, entirely replaced Clarifier Bridges 2, 3 and 4 and included concrete crack repairs in each basin as well as trough support replacement for the bridges (Clarifier Bridges 2, 3, and 4 Improvements Project No. 7271). The third project was completed in early 2009 and addresses the remaining clarifier bridges 5, 6, 7 and 8, four new blowers, associated electrical and structural repairs, and the installation of two new emergency generators (Clarifier Bridges 5, 6, 7 & 8 /Aerobic Digester No. 2 /Blower House No. 2 Project No. 7356). H:\ HOME\ Rachelle \GEN \Wastewater\7422 -0so Aerobic Digester No. 2 \Constwc144r+tla Background.doc EXHIBIT "A" Page 1 of 1 PRIOR PROJECT ACTIONS SUBJECT: Oso Water Reclamation Plant Aerobic Digester No. 2 Improvements Project No. 7422 / CIP No. WW 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. August 10, 2009 — Administrative approval of a Small A/E Agreement for Architect/Engineer Consultant Services with LNV Engineering of Corpus Christi, Texas, in the amount of $45,400 for the Oso Water Reclamation Plant Aerobic Digester No. 2 Improvements for quality assurance /quality control of existing plans, updating the construction estimate and re- bidding the project. Construction phase services and construction observation are also included in the contract. —155— H:\ HOME1 Rachelle \GEN1Wastewater\7422 -0so Aerobic Digester No. 2 \Construction \Prior Project Actions.doc EXHIBIT "B" Page 1 of 1 w H H 0) S U N a. a y0 U • LL LL O H U O m H z z w LL 0 F z w 1- a. w 0 o N N r N r H W .W E O F Z W til a� OW ❑ Z ma z W T la 'co 0 ul L m • To U co• Zo C N N c0 T.1 dI- w 03 Ea Ow0 O w U 5 00 • )W m ` F0I- Lassen Inc., dba Mike Larsen Co. 4202 Santiago #2 Austin, TX 78745 TOTAL II PRICE 0 o m o L0 0 0 N. o 0 co V 69 0 0 o oT 1V N r. UNIT PRICE O to 6" O O c ea N r. JM Davidson, Inc. PO Box 4639 Corpus Christi, TX 78469 TOTAL PRICE 0 N N o 0 Chi S U N D a y0 0 U — LL Ca U- 0 o F Z F Z m W F Z 0 z w LL 0 1- Z w re t0 a � 111 .a 0 E LLI � a d /6 °U too Z at aC N y �Z a d� m at a ow0 < 0 0 ` W -- 0 I- I D.M.B. Construction PO Box 71118 Corpus Christi, TX 78467 TOTAL. PRICE $26,695.00 o o o r to ea $55,440.00 o o. YD, UNIT PRICE yr f:a^' 0 rn co CIS V! o 0 6 r so CO fA co coi Ea x: Holioman Corporation 13730 1H 10 East Converse, TX 78109 TOTAL PRICE hc. O oo r V 43 O O M O o 00.E O. r Oi O` UNIT PRICE 0 °o U i v 00 o co 0.. 0 co ESA , ;- Elite General Contractors, LLC 23 Great Lakes Corpus Christi, TX 78414 TOTAL PRICE ci O co 0 N M EA- o N NI' (0 ul .n UNIT PRICE o o O 0 0 N 69 O O O O N ui CO M V 64 $43.20 OSO WRP AEROBIC DIGESTER NO. 2 IMPROVEMENTS PROJECT NO. 7422 DESCRIPTION Mobilization /Demobilization . aj CO Za U N 0 92 _ N O N o d co N O O a) y0 t6 c Z c 2 t a) fA k cr c i >. E a> o 8.as Ta°'i� a� — w Easy, aNCro.cN 3cog mg 0' 01 ., co O O C -O -9 V c C l6 W E N Cl w @ O o, o m c .4 y a� w e o�° -v�:o m:c5 r, o • N`o. cit c fg t9 . N a.c O_ C 82 N y U E 7 O. C N O 8-20;106 asc_�'a°va'awNRu-o 3 Polyurethane crack injection for Aerobic Digester No. 2 including walls and floor BID. (RID:ITEMS 1 3) "v;,, J J J a' Al a 70 .- ,- a 1- O' W o♦�, • — N M —157— *The areas with bold borders indicate an error in an extension which did not affect the low bid. The totals reflected here are the Unit Price x Qty. Section B -2 -7 states, "The unit price shall govern over the am EXHIBIT "C" Page 2 of 2 PROJECT BUDGET OSO WATER RECLAMATION PLANT AEROBIC DIGESTER NO. 2 IMPROVEMENTS PROJECT NO. 7422 December 8, 2009 FUNDS AVAILABLE: Wastewater CIP Fund Wastewater Operating Fund $650,000.00 $45,400.00 $695,400.00 FUNDS REQUIRED: Construction (R.S. Black Civil Contractors, Inc.) $470,000.00 Contingencies (10 %) 47,000.00 Consultant (LNV Engineering) 45,400.00 Misc. (Printing, Advertising, etc.) 2,500.00 Total $564,900.00 FUNDS REMAINING: $130,500.00 EXHIBIT "D" Page 1 of 1 \Mproject \councilexhibits \exh7422.dwg PROJECT LOCATION Cows CHRISTI BAN LOCATION MAP NOT TO SCALE PROJECT #7422 EXHIBIT "E" Oso Water Reclamation Plant Aerobic Digestor No. 2 Improvements _159- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE 11/19/2009 N■1I MEN =I MIN ■v 17 AGENDA MEMORANDUM December 8, 2009 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 24 to the engineering services contract with Pierce, Goodwin, Alexander and Linville, Inc. of Dallas, Texas (PGAL) in an amount not to exceed $100,023.50, for a restated not to exceed total fee of $3,410,771.10 for additional construction management and inspection services, which was requested by FAA, for the Corpus Christi International Airport Airfield Equipment and Maintenance Facility Project #10028, Air Rescue Fire Fighting Building Improvements Project #10025, Terminal Re- Roofing Project (Old Wing) 2008 Project #10026, Toll Plaza Foundation Repairs, and Terminal Building Addition of Chiller No. 3 Project #10034. AMENDMENT: The amendment provides for additional construction management and full time resident construction inspection for the projects listed in the motion. CONSULTANT SELECTION /PROJECTS: The City selected PGAL for Airport engineering services through an RFP for a multi -year service agreement in 2004. The agreement was set up to be amended to authorize additional projects as funding becomes available from the FAA. The City has historically utilized multi -year engineering contract to successfully take advantage of year end FAA Discretionary funds. The contract has previously been amended 23 times as FAA and local funding became available. The local sub- consultant on the projects will be Coym, Rehmet and Guiterrez. Geotechnical, engineering materials testing, inspection and laboratory testing services are being provided by the local PSI office. FUNDING: Funding is available from the Airport Capital Reserves and FAA Grants. RECOMMENDATION: Approval of the motion as presented. Fred Segundo - Director of Aviation 361-289-0171 ext. 1213 trees; @cctexas.com ADDITIONAL SUPPORT MATERIAL Exhibit A. Background Information Exhibit B. Contract Summary Exhibit C. Location Map Pete Anaya, P.E. Director of Engineering Services 361 -826 -3781 peteane>cctexas.com —163— H•\HnRAFWFVINS \C:FN \AIR restored\ 20041morovements \AE- PGAL\AEAmd24AwdMemo.doc BACKGROUND INFORMATION ADDITIONAL INFORMATION: Corpus Christi International Airport has successfully received a number of FAA grants that has resulted in multiple construction projects to be proceeding simultaneously. The number of projects has resulted in significant complexity requiring an increased level of construction management and project inspection. The projects are significant enough to warrant a full time inspector on site. It was determined the best way to achieve the level of inspection and management required was through an amendment of the engineering contract with PGAL of Houston, Texas. On site inspection and contract management will be performed by PGAL's sub - consultant engineering firm of Coym, Guitierrez and Rehmet, of Corpus Christi, Texas. Approximately 76% of the contract value of this amendment will be performed by Coym, Rehmet and Guiterrez. FAA had made funding available for an amendment that allowed construction management and resident inspection to be funded for a portion of the construction duration. Council approved that amendment on September 8, 2009. FAA has made available the additional funding needed to continue the service through the completion of construction for the projects. CONTRACT SUMMARY: The amendment will result in the consultant performing intensive construction management and full time inspection services on site for the duration of the projects. The projects being addressed by the amendment include the Corpus Christi International Airport: • Airfield Equipment and Maintenance Facility Project #10028; • Air Rescue Fire Fighting Building Improvements Project #10025; • Terminal Re- Roofing Project (Old Wing) 2008 Project #10026; • Toll Plaza Foundation Repairs; and • Terminal Building Addition of Chiller No. 3 Project #10034. A contract summary is attached. See Exhibit B. FUTURE COUNCIL ACTIONS: Council will be requested to authorize: • Award of any change orders that may require Council action; and • Award of future construction contracts engineering and engineering contract amendments when authorized by FAA. FUNDING: Funding is available from Airport Capital Reserve Funds and FAA Grants. The FAA will fund 95% of the cost for this contract. —164— EXHIBIT A BOARD /COMMITTEE REVIEW: The Airport Board has reviewed the proposed award and recommended its approval. —165— .i ..e. e.. ff r,r_ni \[ACAmel9AAwriRlrniv114 rine. EXHIBIT A Page 2 of 2 CONTRACT SUMMARY PGAL will provide Professional Construction Management and Inspection Services for upcoming construction of the CCIA Airfield Equipment and Maintenance Facility (CC PN 10028), CCIA ARFF Improvements (CC PN 10025), CCIA Terminal Re- Roofing Project (Old Wing) 2008 (CC PN 10026), Toll Plaza Foundation Repairs, and Chiller Installation. Amendment 24 construction management services will be provided by PGAL. PGAL will provide construction inspection and engineering through its sub - consultant engineering firm of Coym, Guitierrez and Rehmet, L.P. of Corpus Christi, Texas. Construction Management and Inspection Services for the Toll Plaza Foundation Repair will be provided only if the project proceeds during the construction of the other projects for which those services are being provided through this amendment. Construction Management for the Chiller Installation project is separately contracted by the City with the engineering firm of Bath Engineering Corporation. PGAL will therefore provide inspection services for the Chiller installation project as needed and requested. The scope of services will include services as provided by the Scope of Services as follows: 1. Provide Project Manager and Engineer to manage and oversee all aspects of Construction Management and Inspection Program. The Engineer will make site visits periodically and as needed for the Project and will be available at all times to consult and provide assistance. The Project Manager will coordinate various aspects of project including assuring proper staffing levels as well as prepare billing and other oversight tasks. 2. Provide a full -time Civil Inspector(s) trained and familiar with the type of construction required for the project to monitor construction activities, materials testing, track project progress and prepare daily reports for submission to the Airport and Engineer. Airport and Engineer understand that the Inspector will cover multiple projects and may not be present for all construction activities depending on the day -to -day work load. 3. Ensure all on -site employees will be badged as required. 4. Provide off-site clerical and technical staff for preparation of proper construction management and inspection documentation. 5. Participate in pre- construction conference with Project Manager and Inspector(s) in attendance. 6. Attend weekly construction meetings and help resolve design and construction matters. 7. Advise CCIA representatives on minor changes that do not affect cost and /or quality of the Contractor's work. 8. Consult with Airport on changes in scope or design that affect cost and make recommendations to Airport for solution. 9. Review and coordinate contractor's progress schedule and critical path updates with the contractor and airport representatives. 10. Monitor amounts owed to the Contractor for progress and final payments. 11. Monitor and report on status of traffic control, barricades, SW3P, and other on -going safety /operational tasks deemed as necessary. —166— Exhibit B Page 1 of 2 12. Make pre -final and final inspections with the Airport staff and provide a statement of completion for the project. 13. Review the Contractor's as -built construction drawings and prepare records of project as constructed. Summary of Fees, is amended by the authorize construction management and inspection services for an additional fee not to exceed $100,023.50. A summary of the schedule of fees is attached as Exhibit B -24. Construction Management and Inspection services fees will be invoiced in a format that clearly indicates the project for which the fee is being invoiced. Invoices for services provided by Amendment No. 24 will be based on the Engineer's estimate of the percentage of the services completed. Invoices for travel, per diem and lodging will be evidenced by a copy of invoices. Invoices will be submitted only once per month. The restated total not to exceed fee inclusive of all expenses is $3,410,771.10. —167- H: \HO ME \KEVI NS \GE N\AI R_restored\20041 mprovements\AE- PGAL\AEAmd24Awd ExhB.doc Exhibit B Page 2 of 2 File : \ Mproject\ councilexhibits \exh10028- 25- 25- 34b.dwg LOCATION MAP NOT TO SCALE HWY 44 AGNES RD. BOCKHOLT RD CORPUS CHRISTI I TERN ff&4L. AIRPORTS JOE MIREUR ROAD MCGLOIN ROAD PROJECT # 10025 - 10026 -10028 -10034 BEAR LANE EXHIBIT "Cw AMENDMENT NO. 24 AIRFIELD EQUIPMENT AND MAINTENANCE FACII CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 12 -08 -2009 18 CITY COUNCIL AGENDA MEMORANDUM COUNCIL ACTION DATE: December 8, 2009 AGENDA ITEM: Resolution determining a public necessity to acquire a Drainage Easement and a Temporary Construction Easement known as Parcels 25 and 25 -TCE for the North Port Avenue - IH 37 to US 181 Street Project ( #6264)(Bond 2004), a street and storm water drainage project, for the public purpose, use and construction of storm water drainage improvements and for other related drainage purposes; and authorizing the City Manager and the City Attorney to acquire the subject parcels by means of negotiations or exercise of the City's power of eminent domain. ISSUE: This street project, which is currently in progress, consists of street and utility improvements along North Port Avenue from IH37 to US Highway 181. A new drainage easement is needed to construct an underground concrete culvert box to help alleviate flooding in the North Port Avenue area. The proposed drainage easement will be located east of North Port Avenue and runs parallel to an existing City drainage easement. Both easements are located on land owned by Southwestern Refining Company, a subsidiary of Tronox, LLC. Negotiations have reached an impasse for both parcels and a Resolution is needed authorizing acquisition of the parcels by the City's power of eminent domain. FUNDING: No funding is required at this time. RECOMMENDATION: Approval of the resolution as presented. sfit-e-04 Pete Anaya, P.E. Director of Engineering Services 361/826 -3781 petean @cctexas.com Attachments: Exhibit A. Background Information Exhibit B. Parcel Map Exhibit C. Resolution H:\HOME\EUSEBIOG \GEN Agenda Items \N. Port St. Imps., Parcel 25. Kerr McGee\Agenda Memorandum.doc BACKGROUND INFORMATION SUBJECT: North Port Ave., IH -37 to US 181 Street Improvements ( #6264), Bond 2004 Parcels 25, 25 -TCE OVERVIEW: On Tuesday, November 2, 2004, the City of Corpus Christi held an election to consider Bond Issue 2004, consisting of a number of ballot propositions to fund major capital improvements for the community. Part of this package was a project to construct improvements to Port Avenue between I.H. 37 and U.S. 181. Funding will also be obtained from the Texas Military Value Revolving Loan Fund. TxDOT and the Metropolitan Planning Organization will share 80% of the project costs including street design, street construction, and street lighting, with the City providing 20% of the cost. The City is also responsible for 100% of the cost for land acquisition and utility construction. The City's engineering consultant, MEI Engineering, identified twenty -five various parcels needed for this project ranging from fee simple acquisitions, utility easements, and temporary construction easements. A need for additional drainage was also identified by the consultant to help alleviate flooding issues in the North Port Avenue area. PARCEL DESCRIPTION: The North Port Avenue IH 37 -US 181 project consists of street and utility improvements for this area. As part of this project, the drainage capacity is being upsized along North Port Avenue, which creates the need for the Drainage Easement to handle the increased drainage runoff. The easements are located east of North Port Avenue as shown on the attached Exhibit B, and runs parallel to an existing Drainage Easement acquired by the City in 1971. The Drainage Easement contains 20,366 square feet, and the Temporary Construction Easement contains 20,413 square feet. A 6 X 3 foot box will be constructed within the Drainage Easement to handle the increased capacity. PARCEL NEGOTIATIONS: During negotiations, City staff learned that the parent company, Tronox, had filed Chapter 11 and was in Bankruptcy Court. American Appraisers, Inc., an independent appraisal firm, was contracted to prepare an appraisal of the easements values. An appraisal report was received in the amount of $17,987, based on $35,000 an acre. An offer letter and the appraisal were sent to Tronox. It was also determined that the site to be used was a former bulk storage terminal and that environmental issues may arise. Because of the complexity of the bankruptcy and environmental issues, the City retained the services of the Jackson Walker L.L.P. Law Firm based in Austin to help expedite the acquisition of the easements. Environmental testing (Phase 1 and 2) have been done on the site. Tronox has since referred this matter to their bankruptcy attorneys who have indicated that this matter may be months away from being settled. Based on this delay and the advice of the Jackson Walker L.L.P. Law Firm, it is in the best interest of the City to proceed with eminent domain proceedings. PRIOR COUNCIL ACTION: 1. November 2, 2004 - Resolution expressing official intent to reimburse costs of the 2004 Bond Capital Improvement Projects. (Resolution No. 026015) 2. November 9, 2004 - Ordinance canvassing returns and declaring the results of EXHIBIT A —1 7 2— 1 _r' the Special Election held on November 2, 2004, in the City of Corpus Christi for the adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on resident homesteads of persons 65 years of age or older or disabled persons and eligible spouses; and adoption of seven amendments to the Charter of the City of Corpus Christi. (Ordinance No. 026022) 3. June 13, 2006 — Resolution authorizing the City Manager, or his designee, to execute an Advanced Funding Agreement with the Texas Department of Transportation (TXDOT) in the amount of $153,000 for North Port Avenue from IH 37 to US 181 (Resolution No. 026827). 4. June 13, 2006 — Resolution authorizing the City Manager, or his designee, to submit a loan application to the Texas Military Preparedness Commission for their Texas Military Value Revolving Loan Fund in the amount of $10,507,390 for the reconstruction of Port Avenue from IH 37 to US 181 and the partial relocation of Flour Bluff Drive and land acquisition to allow expansion of runway facilities at Waldron Field (Resolution No. 026830). 5. June 13, 2006 — Resolution approving the reimbursement statement expressing the City's official intention to reimburse the costs of projects funded through the Texas Military Value Revolving Loan Fund (Resolution No. 026831). 6. September 12, 2006 - Resolution authorizing the City Manager, or his designee, to execute an Advanced Funding Agreement with the Texas Department of Transportation (TXDOT) in the amount of $330,424 for North Port Avenue from IH 37 to US 181 (Resolution No. 026978). 7. September 19, 2006 — Ordinance approving the FY 2007 Capital Budget in the amount of $146,994,500. (Ordinance No. 026997) 8. April 10, 2007 — Motion authorizing the City Manager, or his designee, to execute a Contract For Professional Services with MEI Maverick Engineering, Inc. from Corpus Christi, Texas in the amount of $749,221 for North Port Avenue from IH 37 to US 181 (Motion No. M2007 -095) 9. June 10, 2008 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Contract For Professional Services with MEI Maverick Engineering, Inc. in the amount of $1,970,108, for a total restated fee not to exceed $2,719,329, for the North Port Avenue Project from .IH 37 to US 181. (Motion No. 2008 -147). PRIOR ADMINISTRATIVE ACTION: 1. August 26, 2004 - Distribution of Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 2. March 25, 2005 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 3. April 13, 2005 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). FUTURE COUNCIL ACTION: None H: \HOME\EUSEBIOG \GENWgenda Items \N. Port St. Imps., Parcel 25. Kerr McGee\Background.doc —173— EXHIBIT A 2 oft File : \Mproject councilexhibits\exh6264c.dwg SavfronetAns Park \ --rk\ \.\\ L--1A1 A - LOCATION MAP NOT TO SCALE SOUTHWESTER' REFININC; (TRONOX, LLC) PROPOSED DRAINAGE EASEMENT EXISTING DRAINAGE EASEMENT SITE PLAN PROJECT #6264 NOT TO SCALE EXHIBIT "B" North Port Avenue - 1H-37 TO US 181 Street Improvement Project No. 6264 Bond 2W4 AM AM TAM' r‘a■ CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 RESOLUTION DETERMINING A PUBLIC NECESSITY TO ACQUIRE A DRAINAGE EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT KNOWN AS PARCELS 25 AND 25 -TCE FOR THE NORTH PORT AVENUE — IH 37 to US 181 STREET PROJECT ( #6264)(BOND 2004), A STREET AND STORM WATER DRAINAGE PROJECT, FOR THE PUBLIC PURPOSE, USE, AND CONSTRUCTION OF STORM WATER DRAINAGE IMPROVEMENTS AND FOR OTHER RELATED DRAINAGE PURPOSES; AND AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO ACQUIRE THE SUBJECT PARCELS BY MEANS OF NEGOTIATIONS OR BY EXERCISE OF THE CITY'S POWER OF EMINENT DOMAIN. WHEREAS, the City of Corpus Christi has implemented a street and storm water project known as the North Port Avenue — IH37 to US 181 Street Project #6264 (Bond 2004) to build street and storm water drainage infrastructure improvements along North Port Avenue from IH37 to US Highway 181, hereinafter referred to collectively as the "Project" for the public use as storm water drainage and for other related drainage and public purposes; and WHEREAS, the Project is necessary to help alleviate flooding in the North Port Avenue area and will serve the residents of the City of Corpus Christi; and WHEREAS, the Project has entered the acquisition phase; and WHEREAS, the City Council of the City of Corpus Christi (the "Council ") desires to determine, confirm, ratify and find that there is a public necessity for the Project; and WHEREAS, the Council desires to determine, confirm, ratify and find that public necessity requires the City acquire and own certain property rights in land from the title owners of the tract of land known as Parcels 25 and 25 -TCE, as shown and described in Attachment "A" and which are necessary for the public purpose use of the Project and for public purpose and use as drainage infrastructure (referred to herein this Resolution as "the Property "); and WHEREAS, the Council desires to confirm and authorize the City Manager and City Attorney to acquire the needed property rights by means of negotiations or by exercise of the City's power of eminent domain, 120809 RESO2condemn North Port Ave IH37 to US 181 Parcels 25, 25 -TCE —1 7 5— EXHIBIT C Pagel of 4 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Council of the City of Corpus Christi hereby determines that there is a public necessity for street and storm water drainage improvements known as the North Port Avenue — IH37 to US 181 Street Project, as recited above (the "Project "), and that it is necessary for the public welfare and convenience to acquire from the owners thereof the drainage utility easement rights of the subject property shown and described in Attachment "A," (referred to herein this Resolution as "the Property ") for the public purpose of the Project and for other related drainage and public purposes.. Public necessity requires that the City acquire the Property either through purchase or by the process of eminent domain. SECTION 2. The public necessity to acquire the Property for the public purpose and use of the Project and for related drainage and other public purposes, is hereby confirmed and ratified, and all acts done or initiated by employees, attorneys or representatives of the City to acquire and condemn the Property, are hereby confirmed and ratified as authorized, approved, and validated and declared to be valid in all respects and purposes as of the respective dates thereof for the public necessity of the Project, and for public purpose and use as storm water drainage infrastructure improvements, and for other related drainage and public purposes. SECTION 3. The City Manager and designee are directed to negotiate with the property owners to purchase their property interests in the Property. If the City is unable to negotiate to acquire the Property by reason of the City's inability to agree with the owners of such private property interests in the Property as to the value of such interests in the Property, or further negotiation with the owners of the Property becomes futile, the City Attorney and designee are hereby directed and authorized to institute and prosecute, or to cause to be instituted and prosecuted, to conclusion all necessary proceedings to condemn the private property interests in the Property in order to acquire rights to the Property and to take any other action necessary or incidental to such acquisition or eminent domain proceedings to secure the rights to the Property. SECTION 4. Severability: If any provision, section, subsection, sentence, clause, or phrase of this Resolution, or the application of the same to any person or set of circumstances is for any reason held to be unconstitutional, void, or invalid, the validity of the remaining portions of this Resolution shall not be affected thereby, it being the intent of the City Council in adopting this Resolution that no portion hereof, or provisions or regulation contained herein, shall become inoperative or fail by reason of any unconstitutionality or invalidity 120809 RESO2condemn North Port Ave IH37 to US 181 Parcels 25, 25 -TCE —176— EXHIBIT C Page2 of 4 of any other portion hereof and all provisions of this Resolution are declared to be severable for that purpose. SECTION 5. This Resolution shall take effect immediately upon passage. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved as to form: 25- Nov -09 By: Veronica Ocafias Assistant City Attorney for City Attorney Joe Adame Mayor 120809 RESO2condemn North Port Ave 1H37 to US 181 Parcels 25, 25 -TCE —177— EXHIBIT C Page3 of 4 19 Requested Council Action: 12/08/09 Alternate Date: 12/15/09 COUNCIL MEMORANDUM RECOMMENDATION: ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A TWENTY -YEAR LEASE AGREEMENT WITH THE CORPUS CHRISTI POLICE OFFICERS' ASSOCIATION, A NOT - FOR - PROFIT CORPORATION, FOR USE OF CITY PROPERTY LOCATED AT 908 PARK AVENUE, CORPUS CHRISTI, TEXAS, TO OPERATE A YOUTH ATHLETIC BOXING PROGRAM, IN CONSIDERATION OF MONTHLY RENTAL PAYMENTS OF FIFTY DOLLARS ($50.00); PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. ********:***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * **** Background: ael Barrera • Ysistant Director of Financial Services 826 -3169 mikeb @cctexas.com Under the terms of its recently expired five -year lease agreement, the Corpus Christi Police Officers' Association (CCPOA) has occupied the facility at 908 Park Avenue where it has operated a free youth athletic/boxing program, which includes provision of related equipment at no cost to participants. Approximately 75 youth regularly participate in the program. The facility is approximately 70 years old. It is not on the national register of historic places, nor is it designated a state historic landmark. A Request for Proposals was issued on April 27, 2009 soliciting qualified proposers to lease the subject property. The City did not receive any proposals. Thus, the City entered into negotiations with the CCPOA. The result of which is the sole source lease agreement recommended herein. The lease agreement provides for the CCPOA to pay a nominal lease payment of $50 per month for the duration of the twenty -year lease agreement. The lease agreement also definitively delineates both the City's and the CCPOA's maintenance responsibilities as follows: At the CCPOA's sole expense, the CCPOA shall maintain the exterior of the facility, to include, but not limited to: cleaning, painting, repairing light fixtures and, in general, keeping the exterior of the facility in good repair. The City shall be responsible for the maintenance of all grounds surrounding the facility, to include, but not limited to: shrubbery, flower beds, mowing and other gardening/landscaping related functions, unless any damage occasioned to the grounds surrounding the facility was caused, in the City's sole determination, by the CCPOA's negligence. The City shall be responsible for major repairs to the exterior of the facility, unless any damage occasioned to the exterior was caused, in the City's sole determination, by the CCPOA's negligence. If it is determined that the CCPOA's negligence caused any exterior damage, the CCPOA has a duty to remedy the damage to the satisfaction of the City. The City shall maintain the utility lines serving the facility. The CCPOA shall maintain the interior of the facility, to include, but not be limited to: cleaning, painting, keeping in good repair the plumbing and light fixtures and minor maintenance of the air conditioning system, including annual inspections and changing of air filters as recommended by the manufacturer /City (should one be installed during the term of this lease agreement). Any additional maintenance required to maintain the interior of the facility is the sole responsibility and expense of CCPOA. — 1 8 1 — LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE CORPUS CHRISTI POLICE OFFICERS' ASSOCIATION STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS This lease agreement is entered into by and between the City of Corpus Christi (City), a Texas home -rule municipal corporation, acting through its duly authorized City Manager, or the City Manager's designee, and the Corpus Christi Police Officers' Association (Lessee), acting through its duly authorized. WHEREAS, the City owns the Centennial Museum and corresponding real property on which same is located, all located at 908 Park Avenue (at South Bluff Park), Corpus Christi, Nueces County, Texas, together with all improvements on the Premises; WHEREAS, Lessee has requested the use of the Premises for the sole purpose of operating a youth athletic/boxing program for local and area youth ( "Program "), subject to the terms, conditions, and covenants contained in this Lease; and WHEREAS, the City desires to allow Lessee to use the Premises for this purpose. NOW, THEREFORE, the City and Lessee, in consideration of the mutual promises and covenants contained in this lease, agree as follows: Section 1. Definitions. For the purposes of this Lease: City means the City of Corpus Christi, Nueces County, Texas, a home -rule municipal corporation. City Manager means the City's City Manager or the City Manager's designee. City Council means the City Council of the City of Corpus Christi. Department means the City's Parks & Recreation Department. [Director means the City's Director of Parks & Recreation or the Director of Parks & Recreation's designee.] [Holdover Period means any period of time in which the Lessee remains in the Premises after the expiration of the original term of this Lease and continues to pay rent to the City under the terms of this lease.] Lease means this document, including all attachments and exhibits that are incorporated by reference into this document. Lessee means the Corpus Christi Police Officers' Association. Premises means 908 Park Avenue (at South Bluff Park), Corpus Christi, Nueces County, Texas, together with all improvements located on the Premises. Regular hours of operation means: 8:00 a.m. through 5:00 p.m. Central Time, Monday through Friday. Risk Manager means the City's Director of Risk Management or the Director of Risk Management's designee. [Sign means any signs, advertisements, notices or other lettering that are exhibited, inscribed, —1 8 2— painted, erected or affixed on or about the Premises, or any part of the Premises.] Section 2. Purpose. The purpose Of this Lease, between the City and Lessee, is to enable Lessee to use the Premises for the sole purpose of operating a youth athletic/boxing program. Lessee may not operate the Premises for any other purpose without the Director's prior written approval. Section 3. Term. The City leases the Premises, subject to all terms and conditions of this Lease, to the Lessee for a period of twenty (20) years, unless sooner terminated under Section 25. This Lease commences no sooner than the 60th day after the date of final Council approval, that commencement date being , and continues through . Notwithstanding any other termination provisions set forth in this Lease, the City may terminate this Lease, without cause, upon 180 days' written notice to Lessee; alternatively, the Lessee may terminate this Lease, without cause, upon 180 days' written notice to City. Section 4. Option to Renew. The Lessee has the option to extend this lease for up to two additional five -year periods subject to the approval of the City Manager and subject to the same terms and conditions as set out in this lease. Section 5. Holdover Period. a. After the expiration of this lease, the Lessee may continue to occupy the Premises, on a month -to -month tenancy, if the Lessee continues to pay the monthly rent required by this lease, and upon the same terms and conditions as set out in this lease. b. The Holdover Period may not exceed six months in length. c. The City Manager has the absolute right to terminate the month -to -month tenancy with or without cause upon thirty- (30) days wriLien uutiCc io LcJscc. Section 6. Surrender. Lessee acknowledges and understands that the City's agreement to lease the Premises to Lessee is expressly conditioned on the understanding that the Premises must be surrendered, upon the expiration, termination or cancellation of this Lease, in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction where Lessee is without fault, excepted. Section 7. Lease Payments. a. For and in consideration of the rights and privileges granted in this lease, Lessee agrees to pay the City a lease payment of Fifty Dollars and Zero Cents ($50.00) each month during the term of this lease. During the entire term of this lease, each monthly lease payment is payable on or before the 5th day of the month following the month to which said lease payment applies. During any Holdover Period that may occur, Leesee shall pay the City that lease payment due during the final month of the lease. b. Payments must be made to the order of the City of Corpus Christi and mailed to the City Collections Department, P. O. Box 9277, Corpus Christi, TX, 78469, or delivered to City Hall at 1201 Leopard Street, Corpus Christi, TX, 78401. Section 8. Delinquency and Default Regarding Lease Payments. a. Lessee is "delinquent" if the City has not received Lessee's monthly lease payment on or before 5:00 p.m. Central Time on the 5th day of the month following the month to which said lease payment applies. If the 5th day of the month falls on a weekend or holiday, the payment must be tendered on the first business day following the weekend or holiday. b. Lessee is in "default" for purposes of Section 25 of this Lease, if Lessee fails or refuses to pay the amount due within five (5) days after the City has sent a written notice of delinquency to Lessee. —1 8 3— Section 9. Hours of Operation. The following are the hours of operation: 4:00 p.m. — 8:00 p.m. Monday through Friday and 12:00 p.m. — 6:00 p.m. Saturday and Sunday. Section 10. Alterations. a. Lessee may not make any alterations, additions or improvements to, in, on or about the Premises, without the prior written consent of the Director. Lessee must also obtain clearance from the Risk Manager as required by Section 24(e) of this Lease. b. All approved alterations, improvements and additions made by the Lessee upon the Premises, although at Lessee's own expense, shall, if not removed by Lessee at any expiration, termination or cancellation of this Lease, become the property of the City in fee simple without any other action or process of law. Lessee agrees to be contractually and financially responsible for repairing any and all damage caused by the removal. If items are installed in a manner as to become fixtures, the fixtures may not be removed by Lessee upon termination and become the property of the City. Section 11. No Debts. Lessee may not incur any debts or obligations on the credit of the City during the term of this Lease, including during any Holdover Period that may occur. Section 12. No Liens. Section 13. Sublease and Assignment. Lessee understands and agrees that Lessee may not sublease the Premises nor any part of this Premises without obtaining the prior written consent of the City. Lessee may not, in whole or in part, assign or transfer directly or indirectly this Lease without the prior written approval of the City. Section 14. Signs. a. Lessee may not exhibit, inscribe, paint, erect, or affix any Sign at, on, or about the Premises, or any part of this Lease, without the Director's prior written approval. b. The City may require Lessee to remove, repaint or repair any Signs allowed. If Lessee does not remove, repaint or repair the Signs within ten (30) days of Director's written demand, City may do or cause the work to be done, and Lessee shall pay the City's costs within thirty (30) days of receipt of the Director's invoice. If payment is not timely made, the City may terminate this Lease upon ten (10) days written notice to Lessee. Alternatively, the City may elect to terminate this Lease after ten (10) days written notice to Lessee. Section 15. Laws Affecting Operation of Premises and Performance. Lessee shall comply with all Federal, State, and local laws, ordinances, rules and regulations applicable to Lessee's operation of the Premises and Lessee's performance under this Lease. This Lease is also subject to applicable provisions of the City Charter. Section 16. Nondiscrimination. Lessee covenants and agrees that Lessee will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Premises, on the grounds of race, religion, national origin, marital status, sex, age, disability or in any manner prohibited by the laws of the United States or the State of Texas. The City hereby reserves the right to take the action as the United States may direct to enforce this covenant. Section 17. Maintenance. a. At Lessee's sole expense, the Lessee shall maintain the exterior of the Premises during the term of this lease, including during any Holdover Period, to include, but not limited to: cleaning, painting, repairing light fixtures and, in general, keeping the exterior of the Premises in good repair. The City shall be responsible for the maintenance of all grounds surrounding the Premises, to include, but not limited to: shrubbery, flower beds, mowing and other gardening/landscaping related functions, subject to sufficient annual budget appropriation r same, unless any damage occasioned to the grounds surrounding the Premises was caused, in the City's sole determination, by Lessee's negligence. The City shall be responsible for major repairs to the exterior of the Premises, subject to sufficient annual budget appropriations for repairs, unless any damage occasioned to the exterior was caused, in the City's sole determination, by Lessee's negligence. If it is determined that Lessee's negligence caused any exterior damage during the term of this Lease and including during any Holdover Period, Lessee has a duty to remedy the damage to the satisfaction of the Director. It is further understood and agreed that the City shall maintain the utility lines serving the Premises, subject to sufficient annual budget appropriations. Lessee covenants and agrees to maintain the interior of the Premises during the term of this Lease, including during any Holdover Period, the maintenance to include, but not be limited to: cleaning, painting, keeping in good repair the plumbing and light fixtures and minor maintenance of the air conditioning system, including annual inspections and changing of air filters as recommended by the manufacturer /City (should one be installed during the term of this lease). Any additional maintenance required to maintain the interior of the Premises, during the occupancy of Lessee, is the sole responsibility and expense of Lessee. Section 18. Furniture, Fixtures and Equipment. a. It is understood that Lessee is responsible for furnishing and equipping the Premises and that the City has no obligation to furnish any equipment or furnishings for Lessee. b. All personal property and trade fixtures furnished by or on behalf of Lessee remain the property of the Lessee, unless the personal property and trade fixtures are specifically donated to the City during the term of this Lease or any Holdover Period. Section 19. Utilities. a. It is understood by and between the parties that scheduled, regular garbage collection service is available to the Premises and that the provision and expense of said service is the sole responsibility of the Lessee. b. During the term of this Lease and any Holdover Period, telephone service at the Premises, including any wiring requisite to the provision thereof, is the sole responsibility of and is at the sole expense of the Lessee. e. During the term of this Lease and any Holdover Period, electrical service at the Premises, including any wiring requisite to the provision thereof, is the sole responsibility of and is at the sole expense of the Lessee. f. During the term of this Lease and any Holdover Period, the provision of water and sewage service at the Premises, including any plumbing requisite to the provision thereof, is the sole responsibility of and is at the sole expense of the Lessee. g. Should Lessee require any modification to the provision of the utilities enumerated in this section or require any additional utility service not covered in this lease during the term of this Lease, Lessee shall submit a request, in writing, to the Director for consideration and possible amendment of this Lease. h. Lessee shall pay for all utilities related to usage of Premises, prior to the due date. Failure to pay any utility bill(s) prior to the due date constitutes grounds for termination of this Lease. Section 20. City's Right of Inspection. Any officer or authorized employee of the City may enter upon the Premises, at all reasonable times and without notice, to determine whether Lessee is providing maintenance in accordance with and as required by Section 17 or for any other purpose incidental to the City's retained rights of and in the Premises. Section 21. Director's Right to Access Premises in Emergency. a. Lessee shall provide the Director with keys to the Premises, and a current list of names and phone numbers, for use by the Director, in the event of an emergency. b. The Director has the right to enter the premises during the regular hours of operation or at anytime in an emergency. -185- Section 22. City Use. The City retains the right to use or cross the Premises with utility lines and easements. City may exercise these rights without compensation to Lessee for damages to the Premises from installing, maintaining, repairing, or removing the utility lines and easements. City must use reasonable judgment in locating the utility lines and easements to minimize damage to the Premises. Section 23. Indemnity. In consideration of allowing Lessee to use the Premises, Lessee ( "Indemnitor ") covenants to fully indemnify, save and hold harmless the City, its officers, agents, representative, and employees (collectively, "Indemnitees ") from and against any and all liability, loss, damages, claims, demands, suits and causes of action of any nature whatsoever asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers' compensation and death claim, or property loss or damage of any other kind whatsoever, to the extent any injury, damage or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part: (1) Lessee's performance under this Lease; (2) Lessee's use of the Premises and any and all activities associated the Lessee's use of the Premises under this Lease; (3) the violation by Lessee, its officers, employees, agents or representatives or by Indemnitees, or any of them, of any law, rule, regulation, ordinance or government order of any kind pertaining, directly or indirectly, to this Lease; (4) the exercise of rights under this Lease; or (5) an act or omission on the part of Lessee, its officers, employees, agents or representatives or of Indemnitees, or any of them, pertaining to this Lease, regardless of whether the injury, damage, loss, violation, exercise of rights, act or omission is caused or is claimed to be caused by the contributing or concurrent negligence of Indemnitees, or any of them, but not if caused by the sole negligence of Indemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs and attorneys' fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. Lessee covenants and agrees that, if City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with legal counsel satisfactory to the City Attorney, and pay all charges of attorneys and all other costs and expenses of any kind whatsoever arising from any the liability, injury, damage, loss, demand, claim or action. Section 24. Insurance. a. Lessee shall secure and maintain, at Lessee's expense, during the term of this Lease, insurance of the type and with the amount of coverage set forth in Exhibit A, which is attached and incorporated in this Lease. Lessee shall use an insurance company or companies acceptable to the Risk Manager. Failure to maintain the insurance during the term of this Lease, at the limits and requirements shown in Exhibit A, constitutes grounds for termination of this Lease. b. The Certificate of Insurance must be sent to e Risk Manager prior to occupancy of and operations at the Premises. The Certificate of Insurance must provide that the City will have thirty (30) days advance written notice of cancellation, intent to not renew, material change or termination of any coverage required in this Lease. c. Lessee shall provide, during the term of this Lease, copies of all insurance policies to the Risk Manager upon written request by the City Manager. d. The Risk Manager retains the right to annually review the amount and types of insurance maintained by Lessee, to require increased coverage limits, if necessary in the interest of public health, safety or welfare, and to decrease coverage, if so warranted. In the event of any necessary increase, Lessee must receive thirty (30) days written notice prior to the effective date of the requirement to obtain increased coverage. e. Lessee shall, prior to any addition or alteration to, in, on or about the Premises, obtain prior clearance, in writing, from the Risk Manager that the proposed addition or alteration will not necessitate a change or modification in the existing insurance coverage maintained by Lessee. This clearance is in addition to the prior consent required by Section 10(a) of this lease. Section 25. Default. a. The following events constitute default under this Lease: (1) Default in the payment of rent or other payments under this Lease. (2) Failure to pay utilities before the due date. (3) Failure to perform scheduled maintenance. (4) Abandonment of the Premises. (5) Failure to maintain any insurance coverages required in this lease. (6) Failure to timely pay City's invoice for the removal, repainting, or repair of any Signs at the Premises. (7) Failure to keep, perform and observe any other promises, covenants and conditions contained in this Lease. b. Upon the occurrence of any event of default, the City may, at its option, in addition to any other remedy or right given under this Lease or by law: (1) Give notice to Lessee that this Lease terminates upon the date specified in the notice, which date will be no earlier than five (5) days after the giving of the notice. (2) Immediately or at any time after the occurrence of the event of default and without notice or demand, or upon the date specified in a notice, if given, or in any notice issued under law, enter upon the Premises or any part of this Premises in the name of the whole and, upon the entry, this Lease terminates. Section 26. Enforcement Costs. In the event any legal action or proceeding is under taken by the City to repossess the Premises, collect the lease payment(s) due under this Lease, collect for any damages to the Premises, or to in any other way enforce the provisions of this Lease, Lessee agrees to pay all court costs and expenses and the sum as a court of competent jurisdiction may adjudge reasonable as attorneys' fees in the action or proceeding, or in the event of an appeal as allowed by an appellate court, if a judgment is rendered in favor of the City. Section 27. Modifications. No changes or modifications to this Lease may be made, nor any provisions waived, unless the change or modification is made in writing and signed by persons authorized to sign agreements on behalf of each party. Section 28. Contact Person/Lease Administrator. For this Lease, the City's contact person and lease administrator is the Director. Section 29. Notice. a. All notices, demands, requests or replies provided for or permitted under this Lease by either —187— party must be in writing and must be delivered by one of the following methods: (i) by personal delivery; (ii) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; (iii) by prepaid telegram; (iv) by deposit with an overnight express delivery service, for which service has been prepaid; or (v) by fax transmission. b. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service will be deemed effective one (1) business day after transmission to the telegraph company or overnight express carrier. Notice by fax transmission will be deemed effective upon transmission with proof of delivery. c. All the communications must only be made to the following: IF TO CITY: City of Corpus Christi Attn: Director of Parks and Recreation If by United States Postal Service: P. O. Box 9277 Corpus Christi, Texas 78469 -9277 If by overnight express delivery: 1201 Leopard Street Corpus Christi, Texas 78401 If by fax transmission: 361 - 826 -3864 IF TO LESSEE: Corpus Christi Police Officers' Association Attn: Mil iii6i 1.5f1 .., es1fL to If by United States Postal Service: 31S.1 Ccse g 1,iit,,d9 ,T..7,=:4 t If by overnight express delivery: (L'.4 -ix . ors ant{, If by fax transmission: 341— Pif_ ,` 7 d. Either party may change the address to which notice is sent by using a method set out in subsection c of this section. Lessee shall notify the City of an address change within ten (10) days after the address is changed. Section 30. Force Majeure. No party to this Lease shall be liable for delays or failures in performance due to any cause beyond their control including, without limitation, any delays or failures in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The delays or failures to perform extend the period of performance until these exigencies have been removed. The Lessee shall inform the City in writing of proof of the force majeure within three (3) business days or otherwise waive this right as a defense. Section 31. Relationship of Parties. This Lease establishes a landlord/tenant relationship, and no other relationship. This Lease must be construed conclusively in favor of that relationship. In performing this Lease, both the City and Lessee will act in an individual capacity and not as agents, representatives, employees, employers, partners, joint - venturers or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. Section 32. Not for Benefit of Third - Parties. This Lease is only for the benefit of the City and Lessee, and no third -party has any rights or claims under this Lease or against the City. —188— Section 33. Publication Costs. Lessee shall pay for the cost of publishing the Lease description and related ordinance, as required by the City's Charter, in the legal section of the local newspaper. Section 34. Interpretation. This Lease will be interpreted according to the Texas laws which govern the interpretation of contracts. Venue lies in Nueces County, Texas, where this Lease was entered into and will be performed. Section 35. Survival of Terms. Termination or expiration of this Lease for any reason does not release either party from any liabilities or obligations under this Lease that (a) the parties have expressly agreed survive any termination or expiration; (b) remain to be performed; or (c) by their nature would be intended to be applicable following any termination or expiration of this Lease. Section 36. Captions. The captions utilized in this Lease are for convenience only and do not in any way limit or amplify the terms or provisions of this Lease. Section 37. Severability. a. If, for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Lease or the application of this Lease to any person or circumstance is, to any extent, held illegal, invalid or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Lease that every section, paragraph, subdivision, clause, provision, phrase or word of this Lease be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid or unenforceable under present or future law effective during the term of this Lease, then the remainder of this Lease is not affected the law, and in lieu of any illegal, invalid or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid or unenforceable clause or provision as may be possible and be legal, valid and enforceable, will be added to this Lease automatically. Section 38. Entirety Clause. This Lease and the attachments and exhibits incorporated into this Lease constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations and understandings, oral or otherwise, with reference to the subject matter of this Lease, unless contained in this Lease are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits of the terms, conditions, promises and covenants relating to Lessee's operations and the Premises to be used in the operations. Section 39. Acknowledgment. The parties expressly agree that they have each independently read and understood this Lease. By Lessee's execution of this Lease, Lessee acknowledges and understands that this Lease is not binding on the City until properly authorized by the Council and executed by the City Manager or by his designee. EXECUTED IN DUPLICATE, each of which shall be considered an original, on this the t t ' day of Mar/16w 2001 . —189— LESSEE: By: Name: MicL. Title: rrr4sciev' STATE OF TEXAS COUNTY OF NUECES This in trument was § § acknowledged before me on , this the' day of 2004, by �� � ` i :_ [NAME], [TITLE], for the Corpus Christi Police Officers' Association, a Texas N d r x , °', . [TYPE ENTITY], on behalf ofa the Corpus Christi Police Officer ' Association. JOSIE EVERETT °? Notary Public, State of Texas My Commission Expires October 17, 2013 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Notary Pb1ic, State of Texas Angel R. Escobar, P.E. City Manager APPROVED AS TO LEGAL FORM: This day of 20 . Lisa Aguilar Interim City Attorney by: Veronica Ocanas Assistant City Attorney STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the day of 20_, by Angel R. Escobar, P.E., City Manager of the City of Corpus Christi, a Texas home -rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas Attached and Incorporated: Exhibit A: Insurance Requirements Exhibit B: List of Equipment to be provided b Lessee —190- EXHIBIT B List of Equipment provided by Lessee Boxing Ring Boxing Bags (to include mounting equipment) Speed Bags (to include mounting equipments) Boxing Gloves Jump Ropes Head Gear Tread Mills Universal Weight Set Stationary Bike Time Clock Refrigerator —191— ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A TWENTY -YEAR LEASE AGREEMENT WITH THE CORPUS CHRISTI POLICE OFFICERS' ASSOCIATION, A NOT - FOR- PROFIT CORPORATION, FOR USE OF CITY PROPERTY LOCATED AT 908 PARK AVENUE, CORPUS CHRISTI, TEXAS, TO OPERATE A YOUTH ATHLETIC BOXING PROGRAM, IN CONSIDERATION OF MONTHLY RENTAL PAYMENTS OF FIFTY DOLLARS ($50.00); PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a twenty -year lease with the Corpus Christi Police Officers' Association, a not -for- profit corporation, for the use of city property located at 908 Park Avenue, Corpus Christi, Texas, to operate a youth athletic boxing program, in consideration of monthly rental payments of fifty dollars ($ 50.00). A copy of the contract shall be filed with the City Secretary. SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. This contract takes effect on the 61st day following City Council approval. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Joe Adame Mayor Approved as to legal form: 30 -Ngw09 By: Veronica Ocanas Assistant City Attorney for City Attorney The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2009, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick The foregoing ordinance was read for the second time and passed finally on this the day of , 2009, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED this the day of , 2009. ATTEST: Armando Chapa City Secretary APPROVED as to form:30- Nov -09 By: Veronica Ocanas Assistant City Attorney for City Attorney Joe Adame Mayor 20 CITY COUNCIL AGENDA MEMORANDUM December 8, 2009 AGENDA ITEM: Amending the Code of Ordinances, City of Corpus Christi, Chapter 55 regarding public access rules and procedures, to renumber subsections; revising and updating subsection 1 rules and participation, subsection 2 technical standards and production requirements, subsection 3 how programs are scheduled and cablecast, subsection 4 defined terms, subsection 5 amendments to rules, subsection 6 violations of rules, providing for severance; providing for publication; and providing an effective date of February 1, 2010. ISSUE: Update to the Rules and Procedures for Public Access Cablecasting. REQUIRED COUNCIL ACTION: Approval of the Ordinance. PREVIOUS COUNCIL ACTION: Minor updates to ordinance regarding acceptable media formats (DVDNHS) and program drop off times were done prior. No major update has occurred in several years. CONCLUSION AND RECOMMENDATION: App oval of the Ordinance. Kim Womack Director of Public Information Kimw @cctexas.com 826 -3211 BACKGROUND INFORMATION The Cable Communications Commission meets monthly and reviews compliance of established rules and procedures for public access programming. The Commission provides City Council recommendations regarding changes as necessary. The Public Information Office took over responsibilities for the Cable Communications Commission in the Fall of 2008 as the E- Government Department was transitioned into the Municipal Information Systems (MIS) department. In March of 2009, a subcommittee of the Cable Communications Commission began meeting with both Channel 10 and Channel 18 PAUG (Public Access Users Groups) to seek updates to Section 55 -443 of code governing the rules and procedures for public access cablecasting. During the process, both organizations were asked for recommended changes for the subcommittee to review. The meetings were open and resulted in an engaging dialogue regarding the proposed changes. Each rule and procedure was discussed and voted on in subcommittee before bringing recommendations to the Cable Communications Commission. The changes resulted in easier to read format and consistent guidelines for producers. On September 14, 2009 at a special called meeting of the Cable Communications Commission the group formally adopted the changes to the Rules and Procedures and requested they be forward to Time Warner and City Council for approval. Commissioners present and voting aye were Connie Gutierrez (Chairperson), Steve West (Vice Chairperson), Carolyn Moon (Commissioner) and Leo Estrada (Commissioner). Latrice Sellers (Commissioner) was absent. Time Warner was given 60 days to comment or take action regarding the proposed changes to the rules and procedures as required by the franchise agreement between the City of Corpus Christi and Time Warner Cable. No comments or changes were proposed by Time Warner. The Cable Communication Commission suggested an effective date of February 1, 2010 at their last meeting on November 16, 2009 in order to allow for training regarding the changes for the public access producers. The revisions include: • renumbering sections • requiring producers to maintain a current address • provide that only one program may be recorded on media submitted • require PAUGs to submit weekly program log to cable operator and updated schedules to Cable Communications Commission • provide that commissioners attending a specific PAUL lottery may not be producers on that Public Access Channel • allow weekly shows to be repeated only once during the lottery period —198— • clarify acceptable types of media • revise definition of locally produced program • provide PAUG bylaw voting procedure • allow city- franchised cable operator to comment on rules and procedures • allow producers to respond to complaints via written response • require PAUG board or Cable Operator to submit program subject to alleged violation to commission for review at next meeting • provide that forfeit of time slot period lasts sixty days or until next lottery period, whichever is longer • provide process to appeal forfeiture of time slot for non - submission of program • state that producers may not deliver programs directly to cable operator • identify process for PAUG or producer complaints about cable operator • effective date of February 1, 2010 —199— MINUTES SPECIAL CABLE COMMUNICATIONS COMMISSION MEETLNG September 14, 2009 PRESENT Chairperson Connie Gutierrez, Vice Chairperson Steve West, Commissioners Carolyn Moon, Leo Estrada ABSENT Commissioner Latrice Sellers City Staff Lisa Aguilar, Assistant City Attorney, Kim Womack and Andreina Keller, Public Information Office Ms. Gutierrez called the meeting to order at 5:40pm and verified the necessary quorum. DISCUSSION AND POSSIBLE ACTION REGARDING RULES AND PROCEDURES The commission began with Item B; the review and approval of producer application. Ms. Moon moved the application be accepted as written. Mr. Estrada seconded the motion and the motion passed with all voting aye. Next the commission moved on to Item A: Review and Approval of Rules and Procedures. The commission decided to go section by section to review the changes made and take any additional recommendations of changes to the document drafted by the subcommittee team. Ms. Sellers' recommended changes were brought to the commissioners along with Ms. Moon and Mr. Gordy's list of recommended changes. Section 55 -443: Ms. Moon moved that this section be approved as written. Mr. West seconded and all voted in favor with aye. Section 55 -444: Section 55 -444 (B) Mr. West moved that this be amended to read "No program shall be of a commercial nature as defined in Section 55- 447 ". Ms. Moon seconded and motion passed with a unanimous vote of aye. Section 55 -444 (C) Ms. Moon moved that this section be approved as written. Motion passed with unanimously with a vote of aye Section 55 -444 (D) Mr. West moved that this section be amended to read "No program shall be transmitted that contains copyrighted material for which proper written clearance or authorization has been obtained prior to being submitted for broadcast ". Motion passed with all in favor. Section 55 -444 (E), (F),(G),(H),(I): Ms. Moon moved that these sections be approved as written. Mr. West seconded. All voted in favor with aye. Section 55 -445: -200- Section 55 -445 (C.3): Mr. West moved that this section be amended to read "As technology changes and formats become more common in the consumer markets. formats may be changed to reflect current market use. The decision to add or delete formats will be made by the Cable Communications Commission based upon a request from a PAUG and /or the cable operator(s) ". Ms. Moon seconded; motion passed with all in favor. Section 55 -445 (D.): Mr. West moved that the section be amended to read as follows: (d) Labeling: All producers must clearly label their media as follows: (1) On face of the accepted media: a. Title of the program as it appears on the application. b. Production date. (2) On case or sleeve of accepted media: a. Name of individual producer as it appears on the application. b. Producer's telephone number and/or e -mail address. c. Length of program. d. Title of the program as it appears on the producer's application. (3) On the spine of the tape (only for grandfathered programs): a. Title of the program as it appears on the producer's application. Ms. Moon seconded the motion. All voted aye and the motion passed. Section 55 -445 (F.4): Ms. Moon recommended that this section be changed to read as "Only one program may be recorded on each media submitted" Section 55 -445 (G): Ms Moon recommended that this section be changed to read as "Programs on accepted media must be delivered to and picked up from the cable operators before 11:30 a.m. on the Wednesday prior to the cablecast schedule that begins the following Sunday. Holidays may require deadline adjustments ". Ms. Moon moved that Section 55 -445 E,FG,H be approved as amended. Mr. West seconded. Motion passed with a all voting aye. —201— Section 55 -446 Section 55 -446 (B): Ms. Moon recommended that this section read as "The PAUG receives and schedules programming submitted by series and occasional producers. The PAUG must provide schedules to cable operators and to the Cable Communications Commission whenever changes are made ". Mr. West moved that the section be approved as recommended. All voted in favor with aye. Section 55 -446 (C): Ms. Moon recommended that the section be modified to read as following "The PAUG for each channel conducts a biannual public access time slot lottery according to the rules and procedures, and uses those results to develop a public access schedule for that channel. Schedules may be modified as necessary ". Also the commission agreed that the format should be changed so that section (D) and (E) are not part of one paragraph. Ms. Moon moved that this section be approved as amended. Mr. West seconded; motion was passed with a unanimous aye. Section 55 -446 (E): Ms. Moon recommended that it be amended to read as "Each producer may have only one series ". Section 55 -446 (F): Ms. Moon recommended that the section be amended to read as "Only programs created by producers, as defined in section 55 -447, are eligible to participate in the semi - annual lotteries and to be transmitted as a public access program ". Mr. West moved that section F be accepted as amended. Mr. Estrada seconded; motion was passed with all voting aye. Section 55 -446 (G), (H), (I), (J), (K -K.5): Ms. Moon moved that the commission accept these sections as written. Mr. Estrada seconded and motion was passed with a unanimous vote of aye. Section 55 -446 (K.6): Ms. Moon moved that this section read as: After all producers have selected time slots for their first -run shows, producers of weekly programs requesting a repeat showing will then select their time slots for one repeat cablecast in same or reverse order as the initial time slots were selected Only one repeat is permitted. A program may be cablecast as an original and repeated once in the same lottery period in the producer's allotted time slot, but not in consecutive weeks or months (back -to- back). A program may be cablecast as an original and be repeated once in subsequent lottery periods ". Mr. West motioned that the section be approved as amended. Mr. Estrada seconded and the motion passed with a unanimous vote of aye. Section 55 -446 (K.7): Ms. Moon recommended that the section read as "Producers of monthly programs will have one original cablecast to be repeated each week in the same allotted time slot for the remainder of the month ". Mr. West motioned that this change be accepted as amended. Mr. Estrada seconded; motion passed with all voting aye. —202— Ms. Aguilar made some formatting changes in lettering as the letter (L) had been left out. Ms. Moon moved that Section 55 -446 (K.8) thru Section 55 -447 (B) be approved as written. Section 55 -447 Section 55 -447 (C): Ms Moon moved that this section be amended to read as follows: (c) Commercial programming — (1) Any programming which is cablecast for remuneration of any kind, whether directly or indirectly, or programming which includes, in whole or in part, content whether audio, video or text intended, directly or indirectly to promote any service or product is prohibited; or (2) Any programming which includes commercial advertising of any kind or that contains lottery or sweepstakes information. The Cable Communications Commission has approved a memo that establishes guidelines concerning the advertisement of commercial products or services in a public access program. Mr. Estrada seconded the motion; all voted in favor with aye. Section 55 -447 (D),(E),(F),(G), (H), (I): Minor formatting changes were made section E. Ms. Moon moved that these sections be approved as amended. Mr. West seconded; all voted in favor with aye. Section 55 -447 (J): Ms. Moon moved that this section read as "Public access time allocated schedule -- The block of time slots allocated to each public access channel that are available and allocated by lottery during the semi - annual time slot renewal period. The block of time will be determined by each PAUG by calculating the number of producers and programming hours for all shows including repeats. The intent is to develop a block of time slots that provide for consecutive programming, without gaps in the programming schedule ". Mr. Estrada seconded; all voted aye Section 55 -447 (K): Ms. Moon recommended that the first sentence of this section read as "Public Access User Group (PAUG) -- As set forth in the City Code of —203— Ordinances, section 2 -183, membership of the PAUG may be composed of any individual who is a resident of the city as well as representatives of community, public interest, or neighborhood groups." Ms. Moon motioned that sections 55 -447 (K), (I), (M), and (L) be accepted as amended. The commission voted aye in favor. Section 55 -448: Mr. West motioned that this section be accepted as written. Mr. Estrada seconded and the commission voted in favor with all voting aye. Section 555 -449: Section 55 -449 (B.1): Ms. Moon recommended that this section read as "If a producer and series has been removed for violations, that producer and series may not air as an occasional user during the removal period." Mr. West motioned to accept this section as amended. Ms. Moon seconded and the commission voted in favor with all voting aye. Section 55 -449 (B.2) and (B.3): Ms. Moon moved that these two sections be accepted as written. The commission voted in favor with all voting aye. Section 55 -449 (B.4): The commission edited this section as follows to make it easier to understand: (4) Producers will receive written notice of the complaint, dates of the next two Commission meetings, and a statement that failure to attend, send a representative, or provide a written statement of explanation will result in forfeiture of their time slots and the use of the public access channels for 60 days. (5) Producers will be informed in writing that three section 55 -444 violations within a six -month period will result in forfeiture of their time slots and the use of the public access channels for 60 days. (6) If a section 55 -444 violation is evident, that program media will be removed from airing and from repeat showing, and the media will be turned over to the Cable Communications Commission by the PAUG Board of Directors or cable operator for review and discussion with the producer at one of the next two scheduled Commission meetings. Producers must take corrective action on any —204— programs with rule violations before they can be submitted as a second original or repeat. . Ms. Moon moved that this section be approved as amended. Mr. Estrada seconded and the motion passed with all voting aye. Section 55 -449 (C.1): the commission worked together to revise this section to read as follows: Forfeit of Use of Public Access Channels (1) At the lottery, PAUGs will establish a designated location for producers to deliver weekly and monthly media. (A) Media for the first program in a lottery period must be delivered to the designated location before 10:00 a.m. on the Wednesday before the first Sunday in the new lottery period. (B) Following the first media delivery of the lottery period, cut -off time for delivery of media for weekly programs is 10:00 a.m. on Wednesdays each week. (C) Cut -off time for delivery of media for monthly programs is 10:00 a.m. on the Wednesday before the first Sunday of each month. Ms. Moon moved that this section be accepted as amended. Mr. West seconded and the commission all voted aye. Section 55 -449 (C.2): Ms. Moon recommended that this section be changed to read as follows: PAUGs will maintain a schedule list that indicates delivery of media by producers. A monthly log of this schedules will be submitted to the Cable Communications Commission within the first seven days of each month. Included with the list will be a cover letter that lists the producers of weekly programs that failed to supply media for airing for four (4) consecutive weeks and producers of monthly programs that failed to supply media for airing for two (2) consecutive months. City staff will then send written notification to the producers who forfeit the use of the public access channels for failure to submit media. This notification will include the date of the next scheduled Cable Communications Commission meeting, at which time the producer may appeal the Commission's decision. The producer or a designated representative must appear at the next —205— Commission meeting or provide a written statement of explanation for their appeal to be reviewed. The Cable Communications Commission will review the monthly delivery logs at each Cable Communications Commission meeting and decide whether or not to remove producers who failed to submit media as .required.. Mr. West moved to accept section 55 -449 C.2 as amended. The commission all voted aye in favor. Section 55 -449 (C.3): Ms. Moon recommended that the section be amended to read as "If a series producer fails to supply media on time for a weekly or monthly program, that program will not be aired that week or month. No late media will be accepted. Individual producers shall not deliver media to the cable operator." Ms. Moon moved to accept this section as amended. Mr. West seconded and all voted in favor with aye. Section 55 -449 (C.4): Ms. Moon recommended that the section read as "If a weekly series producer fails to supply media by the established time for four consecutive weeks, that producer and series will forfeit his/her time slots and the use of the public access channels for sixty days or until the end of lottery period whichever is longer. If a monthly series producer fails to supply media on time for two consecutive months, that producer and series will forfeit his/her time slots and the use of the public access channels for six months." Ms. Moon moved that this section be accepted as amended. Mr. West seconded and all voted in favor. Section 55 -445 thru the end of the proposed document: Ms. Moon moved that the commission accept as written. Mr. West seconded and all voted in favor. Ms. Gutierrez asked for any public comment. There were none to speak. ADJOURNMENT OF MEETING —Ms. Gutierrez adjourned the meeting at 7:05 p.m. —206— AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 55 REGARDING PUBLIC ACCESS RULES AND PROCEDURES, TO RENUMBER SUBSECTIONS; REVISING AND UPDATING SUBSECTION 1 RULES FOR PARTICIPATION, SUBSECTION 2 TECHNICAL STANDARDS AND PRODUCTION REQUIREMENTS, SUBSECTION 3 HOW PROGRAMS ARE SCHEDULED AND CABLECAST, SUBSECTION 4 DEFINED TERMS, SUBSECTION 5 AMENDMENTS TO RULES, SUBSECTION 6 VIOLATIONS OF RULES, PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE OF FEBRUARY 1, 2010. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Rules and Procedures for Public Access Cablecasting found at Article XVIII of Chapter 55 of the Corpus Christi Code of Ordinances, are amended to read as follows: "Section 55 -443. RULES AND PROCEDURES FOR PUBLIC ACCESS CABLECASTI NG_ Channel space on public access channels is available free of charge to any adult resident of the City of Corpus Christi in accordance with the following rules and procedures, as adopted by the City Council of the City of Corpus Christi. Submitted programs on accepted media, as defined in section 4 Section 55 -447, will be cablecast by all franchised cable operators as provided in their respective franchises. Requests for live feeds may be made in accordance with rules adopted by the Cable Communications Commission, with the consent of the cable operators. These rules may be amended by City Council following recommendation from the Cable Communications Commission and franchised cable operators in the City of Corpus Christi. § 1 Section 55 -444. Rules for participation. Producers must complete and sign an programming contract Application for Public Access Cablecasting.- l-n By signing the programming contract application, the producer warrants states and agrees that the following rules will be observed: (a) = All programs must be produced by a producer as defined in section 1 Section 55 -447. ILL* - - - - - - - - - - - - No program shall be of a commercial nature as defined in Section 55 -447. H:\LEG- DIR \Lisa\2009 Ordinance\PUBLIC ACCESS -R2JO S -AND PROCEDURES v9 December 2, 2009.DOC 2 (c) = No program shall be transmitted that requests contributions unless the solicitation is on behalf of an organization that has received tax exempt status under 501(c)(3) of the Internal Revenue Code or non - profit status in the state of Texas. Maximum time to request contributions in a program is five minutes. L1_ which proper clearance or authorization has not been obtained. No program shall be transmitted that contains copyrighted material for which proper written clearance or authorization has not been obtained prior to being submitted for broadcast. (e)- No program shall be transmitted that portrays any criminal act as being acceptable or condoned behavior. (f) = No program shall be transmitted which contains obscene or indecent material. (g) = All programs must include proper program identification as defined in section Section 55 -447. = All programs must be locally produced. In order to be classified as a locally produced program, the program must contain at least 25 per -cent locally produced original content. (i) Producer must maintain current home and mailing address with PAUG and notify PAUG of change within ten (10) working days of move. Except as otherwise permitted by applicable law, neither the aecess user gi' -s-69 PAUG nor the cable operators will restrict the content of any program. § 2 Section 55 -445 Technical standards and production requirements. (a) Programs submitted for cablecast must conform to the technical standards and production requirements established for cablecast by the FCC and City of Corpus Christi Public Access Rules. The programs shall not cause the cable operator to be out of compliance with any applicable FCC Technical Standards. (b) Quality: Programs must deliver, in good quality, clear audio and video throughout the entire length of the program. Cciformat: (1)a. Producers must transfer all cablesasting- programming to accepted media as defined by Section 55- 447(a). H: \LEG- DIR \Lisa\2009 Ordinance \PUBLIC ACCESS Hip AND PROCEDURES v9 December 2, 2009.DOC 3 (2) b. All tapes must be rewound to beginning of tape. gle. As Aew technology changes and formats become more conventional common in the consumer markets, formats may be changed to reflect current market use. The decision to add or delete formats will be made by the Cable Communications Commission based upon a request from an access - Deer - reup PAUG and /or the cable operator(s). LrLIL Labeling: All producers must clearly label accepted their media as follows: (1) On face of the accepted media: a. Title of the program as it appears on the application. b. Production date. (2) On face of media: case or sleeve of accepted a. Name of individual producer as it appears on the application. b. Producer's telephone number and /or e-mail address. c. Length of program. d. Title of the program as it appears on the producer's application. (2) On the spine of the tape (only for qrandfathered programs): a. Title of the program as it appears on the producer's application. igildentification: a(1) . Programs must include the program identification as defined in section 1 Section 55 -447. tf Length: a(1). All one -hour programs must be 60 minutes in length, including the program identification. b (2). All half -hour programs must be 30 minutes in length, including the program identification. G.(3) Occasional programming beyond 60 minutes (such as high school sporting events) may be included pursuant to rules established by the Cable Communications Commission with consent of the cable operators. H: \LEG- DIR \Lisa\2009 Ordinance\PUBLIC ACCESSbES AND PROCEDURES v9 December 2, 2009.DOC 4 (4). Only one program may be recorded on each media submitted. (g) Deadline: Programs on accepted media must be delivered to and picked up from the cable operators before 11:30 a.m. on the Wednesdays prior to the cablecast scheduled cablecast that begins the following Sunday. Holidays may require deadline adjustments. (h) A weekly log of the schedule list that indicates delivery of media by the producers will be provided to the cable operator each week when the media is delivered to the Cable Operator. f3 Section 55 -446 How programs are scheduled and cablecast. (a) Franchised cable operators provide playback of public access programming according to the schedule provided by the PAUG. (b) The PAUG receives and schedules programming submitted by series and occasional producers. and The PAUG must provides schedules to cable operators and to the Cable Communications Commmission whenever changes are made. (c) Public access for series producers. The PAUG for each channel conducts a biannual public access time slot lottery according to the rules and procedures, and uses those results to develop a public access schedule for each that channel Schedules may be modified as necessary. . PAUGS will provide schedules to (d) Time slots: Series programs are given a regular weekly or monthly time slot. Time slots are awarded during the semi - annual time slot lottery. Conflicts on GGmmis ✓ ion for arbitration. (e) Each producer may have only one series, not to exceed one hour per week, 3, Lotteries and Schedules. • (f) Only programs created by a producers, as defined in section 1 section 55 -447, are eligible to participate in the semi - annual lotteries and arc cligiblc to be transmitted as a public access program. (g) Application: No later than the night time of the bi- annual time slot lottery each producer must submit a completed public access cablecasting application form approved by the Cable Communications Commission to their respective access users group PAUG Board of dDirectors. If either home or mailing address should change for any reason, producer shall 1 H: \LEG- DIR \Lisa\2009 Ordinance \PUBLIC ACCESS219,ES AND PROCEDURES v9 December 2, 2009.DOC update within ten (10) working days of change in address, with the correct home and mailing address. Failure to comply can be grounds for removal from the Public Access Channels by the Cable Communications Commission for the remainder of the lottery period. (h) The PAUG Board of Directors will provide copies of applications to the Cable Operators and to the Cable Communications Commission no later than two weeks after the time slot lottery is conducted. (1) Access channel (10 or 18) (Note: An individual producer must select one channel for cablecasting of both first -run and repeat showings. Programs cannot be run on both channels.) jiLLotteries and schedules: There are two lottery periods. The spring lottery period begins the first Sunday in June through the day preceding the first Sunday in December. The fall lottery period begins the first Sunday in December through the day preceding the first Sunday in June. (k) Producers will attend the time slot lottery as noted in a- (1) and la, (2) below. Two Cable Communications Commissioners who are not producers for the PAUG conducting the lottery will attend each lottery. _Lotteries will be conducted as follows: e.(1) The spring lottery is conducted in the last seven days of April with the new time slots actually beginning on the first Sunday in June. The PAUG Board of Directors shall determine the day and time of the lottery. 19-42) The fall lottery is conducted in the last seven days of October with the new time slots actually beginning on the first Sunday in December, The PAUG Board of Directors shall determine the day and time of the lottery. (3) The public access time schedule will be broken into 30- minute intervals. issued. Each producer will randomly draw a lottery number. (5) The lowest number will have the first choice of time slots and continuing until all numbers drawn have picked their first time slot. time slot. (6) After all producers have selected time slots for their first -run shows, producers of weekly programs requesting a repeat showing will then select their time slots for one repeat cabiecast in same or reverse order as the initial time slots were selected, not to exceed oae ree at per show. Only one repeat is H: \LEG- DIR \Lisa\2009 Ordinance \PUBLIC ACCESS fMLFs AND PROCEDURES v9 December 2, 2009.DOC 6 permitted. A program may be cablecast as an original and repeated twice once in the same lottery period in the producer's allotted time slot, but not in consecutive weeks or months (back -to- back). A program may be cablecast as an original and be repeated once in subsequent lottery periods. {8 -(7) Producers of monthly programs will have one original cablecast an4 th-Fee repeats to be repeated each week in the same allotted time slot for the remainder of the month. each month This allows for four cablecasts of a program in a lottery period for both wcekly and monthly programs. (.9.) -(8) One lottery will be executed for Channel 10 by the Channel 10 a css user group PAUG and one lottery executed for Channel 18 by the Channel 18 access user group PAUG. Public access for occasional producers. Single time slots of lengths as noted above in section 2, 55 -445 Length, will be available for occasional producers on a first -come, first - served basis. Occasional producers must complete a public access cablecasting application no later than two weeks prior to the desired cablecasting date and comply with all rules set forth herein. (m) First -come, first - served is determined upon receipt of completed application by - - - 1 ■ _ - - _ member of PAUG Board of Directors. (n) No programs will be scheduled during holidays, unless automated programming allows as determined by cable operator. §-4 Section 55 -447 Defined terms. (a) Accepted Media -- A recorded program on accepted media produced by a public access producer and submitted for cablecasting on public access channels. The term "accepted media" refers to 112" VHS (SP Speed), Super utilized in the futurc.(1) Audio video CD MPEG -2 (with playback standard screen size 720 x 480 and 60 fields per second, audio level 3). (2) DVD + R MPEG -2 (with playback standard screen size 720 x 480 and 60 fields per second, audio level 3). Producers grandfathered by the Cable Communications Commission via Resolution approved July 21, 2008 are exempt from this provision, and may continue to submit programs in same formats they were using as of July 1. 2008. Any grandfathered producer that ceases to submit programming for minimum of ninety (90) days loses grandfather status. (b) Cable Communications Commission -- The Cable Communications Commission consists of five residents of the city appointed by the City Council. The Cable Communications Commission administers the process for complaints regarding the Rules and Procedures for Public Access Cablecasting. The Cable Communications Commission mediates any disputes brought to it by the PAUG. H: \LEG- DIR\Lisa\2009 Ordinance \PUBLIC ACCESSLI .G,1LES AND PROCEDURES v9 December 2, 2009.DOC 7 (c) Commercial programming — (1) Any programming which is cablecast for remuneration of any kind, whether directly or indirectly, or programming which includes, in whole or in part, content whether audio, video or text intended, directly or indirectly to promote any service,- or product is prohibited; or (2) Any programming which includes commercial advertising of any kind; or that contains lottery or sweepstakes information. The Cable Communications Commission has established approved a memo that establishes guidelines concerning the advertisement of commercial products or services in an- public access program. (d) Complaints -- Communication to the Cable Communications Commission regarding violation of Rules and Procedures for Public Access Cablecasting. Complaints may be submitted to the Commission in writing to the City Secretary's Office or through an onli (e) Holidays -- Martin Luther King, Jr. Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas, and New Year's Day. (f) Locally produced programming -- means programs pr-eel-ei-ed-n- the-Go;pue - - - - - - - - - - - - - - - - - - programming created in the Corpus Christi region, or pertaining to locally specific issues, or pertaining to local residents.. (q) Producer -- Any resident of Corpus Christi, 18 years of age or older, who has proof of residency which must include a local street residence address, a local contact telephone number and valid identification (such as a driver's license). A producer must pay any fees required by the access user group PAUG and must execute an approved program contract application form. A producer, by way of definition, is an individual who meets the above stated requirements and participates in or is responsible for the creation of a local, non commercial program for the public access channels. If the local, non commercial program is created by a local organization, such as a church, one person who meets the above requirements must be designated as the producer and will represent the organization with the access user group PAUG. For identification purposes, this person's name will appear on program identification, either video or audio, and printed on labels. (h) Program identification -- The tag at the beginning of the program must bear the producer name, and title of program as it appears on the producer application and the production date. The tag must appear for at least ten seconds, in the audio or video at the beginning of each program, or within the first 30 seconds. A tag at the end of the program is optional. H: \LEG- DIR \Lisa\2009 Ordinance \PUBLIC ACCESS RyJ1, S AND PROCEDURES v9 December 2, 2009.DOC 8 (i) Public access channel (sometimes herein "channel ") -- This is the cable television channel or channels on which public access programs are cablecast; currently Channels 10 and 18. QPublic access time allocated schedule -- The block of time slots allocated to each public access channel that are available and are allocated by lottery during the semi - annual time slot renewal period. The block of time will be determined by each PAUG by calculating the number of producers and programming hours for all shows including repeats. The intent is to develop a block of time slots that provide for consecutive programming, without gaps in the programming schedule. (k) Public Access User Group (PAUG) -- As set forth in the City Code of Ordinances, section 2 -183, membership of the PAUG may be composed of any individuals who are is a residents of the city as well as representatives of community, public interest, or neighborhood groups.; Nnotwithstanding any other provision, representatives of the cable operator may be members of the access user group PAUG. Access user groups PAUGs are organized separately and independently from the city and are not boards, commissions, committees or any other subdivision of the city. Each public access channel must establish an access user group a PAUG. All user groups, PAUGs by application to the Cable Communications Commission and the City Secretary, must be certified by the Cable Communications Commission. Producers organize themselves according to by laws by -laws, electing among themselves officers and a bBoard of 4Directors. Each producer present is entitled to vote on all matters pertaining to establishment of acce user group PAUG by-laws and election of officers. (1) Repeat program -- A program which was previously aired on any public access channel during the same lottery period. (m) Series -- A locally produced public access show from a single producer. A series can be either weekly or monthly. f5 Section 55 -448 Amendments to rules and procedures for public access cablecasting. These rules may be amended by City Council following recommendation from the Cable Communications Commission or City franchised cable operators in the city. The city shall give any City franchised cable operator 60 days' written notice of any proposed amendment to the rules and procedures for public access cablecasting. In the event that a cable operator objects in writing, the city and the cable operator shall thereafter meet and negotiate an amendment reasonably H: \LEG- DIR \Lisa\2009 Ordinance \PUBLIC ACCESSJITES AND PROCEDURES v9 December 2, 2009.DOC 9 acceptable to all parties. In no event shall any amendment imposing greater obligations or restricting the rights of any cable operator become effective without the written consent of that cable operator. §-6 Section 55 -449 Violation of rules. (a) Producers must follow all Rules and Procedures for Public Access Cablecasting. (1) If a producer and series has been removed for violations, that producer and series may not air as an occasional user during the removal period. (2) A producer may appeal decisions of the Cable Communications Commission to the City Council by submitting a sworn written notice of appeal to the City Secretary within 30 days of the rendition of the Commission decision. a4(b) Violations of Section 1 Section 55 -444. (1) No program will be permitted to air over the public access channels if a producer or program violater:). has violated one or more of the rules identified in section--1-section 55 -444. (2) It shall be the responsibility of the PAUG Board of Directors to periodically monitor the programs that are aired on Public Access Television and to report any and all section 55 -444 violations that are observed, to the Cable Communications Commission, using the appropriate form and procedures set forth herein. (3) Complaints about violations of Section 1 Section 55 -444 rules must be submitted to the Cable Communications Commission. Complaints must be submitted to the Commission in writing to the City Secretary's Office or through an online form at www.cctexas.com /ccc /complaint. informed of the Cable Communicatiet s Co ssien meeting schedule. (4) Producers also --will receive written notice of the complaint, dates of the next two Commission meetings, and a statement that failure to attend, or send a representative, or provide a written statement of explanation will result in forfeiture of their time slots and the use of the public access channels trse -for 60 days. (5) Also, pProducers will be informed in writing that three section 1 section 55 -444 violations within a six -month period will result in forfeiture of their time slots and the use of the public access channels = - : - - -- - - - - - for 60 days. (6) If a section ,section 55 -444 violation is evident, that program media will be removed from airing and from repeat showing, and the media will be turned over 1 H: \LEG- DIR \Lisa\2009 Ordinance\PUBLIC ACCESS Rifts AND PROCEDURES v9 December 2, 2009.DOC 10 to the Cable Communications Commission by the PAUG Board of Directors or cable operator for review and discussion with the producer at one of the next two scheduled Commission meetings. Producers must take corrective action on any programs with rule violations before they can be submitted as a second original or repeat. A producer and series will be removed from public access channels for 64-clays fib. Forfeit of Use of Public Access Channels (1) Lottery periods begin the first Sunday in June and in December. At the lottery, PAUGs will establish a designated location for producers to deliver weekly and monthly media. (A) Media for the first program in a lottery period must be delivered to the designated location before 10:00 a.m. on the Wednesday before the first Sunday in the new lottery period. (B) Following the first media delivery of the lottery period, cut -off time for delivery of media for weekly programs is 10:00 a.m. on Wednesdays each week. (C) Cut -off time for delivery of media for monthly programs is 10:00 a.m. on the Wednesday before the first Sunday of each month. (2) PAUGs will maintain a schedule list that indicates delivery of medias by producers. A monthly log of these this schedules will be submitted to the Cable Communications Commission by neo he second Monday within the first seven days of each month. Included with the list will be a cover letter that lists the producers of weekly programs that failed to supply media for airing for four (4) consecutive weeks and producers of monthly programs that failed to supply media for airing for two (2) consecutive months. City staff will then send written notification to the producers who forfeit the use of the public access channels for failure to submit media. This notification will include the date of the next scheduled Cable Communications Commission meeting, at which time the producer may appeal the Commission's decision. The producer or a designated representative must appear at the next Commission meeting or provide a written statement of explanation for their appeal to be reviewed. The Cable Communications Commission will review the monthly delivery logs at each Cable Communications Commission meeting and decide whether or not to remove producers who failed to submit media as required.. H: \LEG- DIR \Lisa\2009 Ordinance\PUBLIC ACCESSAItES AND PROCEDURES v9 December 2, 2009.DOC 11 (3) If a series producer fails to supply media on time for a weekly or monthly program, that program and serin will not be aired that week or month. _No late media will be accepted. Individual producers shall not deliver media to the cable operator. (4) If a weekly series producer fails to supply media by the established time for four consecutive weeks, that producer and series will forfeit the u of his /her time slots and the use of the public access channels p-ubflc access -channel& for - - ..•• . _ _ _ _ • - _ - 'et sixty days or until the end of lottery period whichever is longer. If a monthly series producer fails to supply media on time for two consecutive months, that producer and series will forfeit the use of his /her time slots and the use of the public access channels 11. - - • for the remainder of that lottery period. six months. appeal the Commission decision. Produccrs or a designated representative -mu-st to be reviewed. (d) Violations of Section 2 55 -445 Violations Franchised cable operators may submit complaints for violations of Section 2 55- 445 violations to the Cable Communications Commission to be placed on the Commission meeting agenda for discussion. 4(e) . Violations of Section 3 55 -446 Violations Complaints for violations of Section 3 55 -446 violations may be submitted to the Cable Communications Commission. The Commission will notify the appropriate PAUG of any complaints and schedule a discussion with the PAUG president and the complaining party at the next scheduled Commission meeting._ e. fa' Complaints about Cable Operators Complaints about a franchised cable operator may be submitted to thc Cable operator and the complaining party at thc next scheduled - Commission -me- If a producer or the PAUG Board of Directors has a complaint regarding a Cable Operator, that complaint shall be submitted in writing, within five (5) working days, from a producer to the PAUG Board of Directors and then from the PAUG Board of Directors to the Cable Operator, with a copy to the Cable Communications Commission, within five (5) working days. The Cable Operator H: \LEG- DIR \Lisa\2009 Ordinance\PUBLIC ACCESS It 1 � S AND PROCEDURES v9 December 2, 2009.DOC 12 shall respond in writing to the PAUG Board of Directors, with a copy to the Cable Communications Commission, within five (5) working days. If a complaint is not resolved, the producer or the PAUG Board of Directors shall submit the complaint in writing to the Cable Communications Commission, and the item shall be placed on the agenda for discussion at the next scheduled Cable Communications Commission meeting." SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. This ordinance takes effect on February 1, 2010. 1 H: \LEG- DIR \Lisa\2009 Ordinance \PUBLIC ACCESS,E h,ES AND PROCEDURES v9 December 2, 2009.DOC That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2009, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2009, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of , 2009. ATTEST: Armando Chapa City Secretary APPROVED as to form: December 2, 2009 By: Lisa Aguilar, Interim Attorney Joe Adame Mayor 13 H: \LEG- DIR \Lisa\2009 Ordinance\PUBLIC ACCESSRU�LES AND PROCEDURES v9 December 2, 2009.DOC 21. CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 11/17/09 AGENDA ITEM: Ordinance changing the date of the City of Corpus Christi City Council Elections for 2011 and subsequent years from the first Saturday in April to the May Uniform Election Date which is the second Saturday in May and adjusting the City Council terms of office to conform to the new election date. BACKGROUND: In 1987, The Texas Legislature granted the City of Corpus Christi an exception to hold its election of officers in April rather than a uniform election date because, at that time, the May uniform election date fell on the day the Buc Day's Parade was held. The traffic around City Hall on the evening of the parade made it very difficult to administer the election and to conduct the tabulation of votes. The current May uniform election date does not conflict with the Buc Day's Parade. ISSUE: House Bill 1945 passed the Legislature on May 25, 2009 repealing the section of the Election Code which was the basis for Corpus Christi to hold its City Council Elections in April in odd - numbered years rather than a uniform election date. The bill also provided that not later than December 31, 2009, the City of Corpus Christi and school districts within its City limits must choose a uniform election date for its general election of officers in 2011 and subsequent years. There are two uniform election dates. One is on the second Saturday in May and the other is on the first Tuesday after the first Monday in November. However, at this time, our City Charter limits the City of Corpus Christi to move our City Council Officer elections to May of odd years only. Our Charter states "the regular election shall be held in odd - numbered years on the first Saturday in April unless the city council designates an alternative Saturday in April or the next available uniform election date allowed by state law at least three months prior to the regular election." The interpretation of this charter wording is that the May date is the "next available uniform election date ". While the City Council is currently limited to choosing the May date, we believe it is possible next year, if approved by the voters at a charter amendment election, to move elections to the November uniform election date in either odd - numbered or even - numbered years. House Bill 401, passed by the Legislature this year, allows a political subdivision that holds its election for officers on a date other than the November uniform date to, not later than December 31, 2010, change the date on which it holds its general election for officers to the November uniform date. The City Council would have to submit this issue to the voters on either the May or November uniform date in 2010. If a change to November is not done in 2010, the City's authority to make a change to November would terminate. The City could not make such a change after 2010 unless the Legislature again —223— granted the authority. Further research would be done to assure that this is the correct course for making a change to November, and to draft the charter amendment. Whichever uniform election date is ultimately selected, it is highly probable that West Oso ISD, Flour Bluff ISD and London ISD will join us for joint elections. If the November uniform election date is selected, the City and the three school districts would join Nueces County in their election if constitutional amendments or propositions are on the ballot. If the May date is selected and a runoff election is necessary, the Mayor and Council would take office sometime between late June and early July. If the November date is selected and a runoff election is necessary, the Mayor and Council would take office some time between mid December and early January. FUNDING REQUIREMENTS: An election held by the City, in May, without any other jurisdictions would cost approximately $225,000. An election held by the City, in May, jointly with West Oso, Flour Bluff and London ISDs would cost the city approximately $205,000. We have no history on what an election would cost if held in November jointly with Nueces County and the three school districts. We estimate that cost to the City to be approximately $165,000. Costs for runoff elections will depend on whether there is a city wide runoff election or it is limited to one or more districts. An election held jointly with Nueces County, Del Mar College, CCISD and other small school districts in November of even years, when State and Federal elections are held, would cost the City approximately $145,000. ISSUES: If the May election date is selected, newly elected council members would take office in late June after the budget approval process has started. If the November election date is selected, Election day would be on Tuesday, a work/council meeting day, rather than Saturday. In addition, runoff elections and swearing in ceremonies would be conducted during the holidays. RECOMMENDATION: Approval of an ordinance selecting the May Uniform Election Date and direction if the Council is interested in pursuing a November election date. h A, p() Armando Chapa City Secretary Lisa Agui Interim City Attorney —224— ORDINANCE CHANGING THE DATE OF CITY OF CORPUS CHRISTI CITY COUNCIL ELECTIONS FOR 2011 AND SUBSEQUENT YEARS FROM THE FIRST SATURDAY IN APRIL TO THE MAY UNIFORM ELECTION DATE, WHICH IS THE SECOND SATURDAY IN MAY; AND ADJUSTING THE CITY COUNCIL TERMS OF OFFICE TO CONFORM TO THE NEW ELECTION DATE. Whereas, the City Council elections have previously been held on the first Saturday in April in odd numbered years, as authorized by Article II of the City Charter, and Section 41.0051 of the Texas Election Code; Whereas, on May 25, 2009, the Texas Legislature approved HB 1945, which took effect on September 1, 2009; Whereas, HB 1945 repealed Section 41.0051 of the Texas Election Code; Whereas, HB 1945 requires that not later than December 31, 2009, the governing body of the City of Corpus Christi must choose a Uniform Election Date for its general election for officers in 2011 and subsequent years; Whereas, HB 1945 provides in Section 2 that the governing body of a political subdivision required to change its election date under HB 1945 shall adjust the terms of office to conform to the new election date. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That the City Council chooses the second Saturday in May, which is a Uniform Election Date under Section 41.001 of the Texas Election Code, as the date of for its general election for officers for 2011 and subsequent years. Section 2. That the two -year terms of office for the City Council as established by City Charter Article II Section 1(b) shall be adjusted to conform to the new election date as required by Section 2 of HB 1945. Section 3. This ordinance takes effect upon second reading. C:\DOCUME- 1\Mary.ALOCALS -1 \Temp \XPgrLvII\EHANGING DATE v2 FOR CITY COUNCIL ELECTIONS to May.doc That the foregoing ordinar ce was read f r the fir t time and passed to its second reading on this the /7 day of / ,k'ti )- , 2009, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. --_ Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2009, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of , 2009. ATTEST: Armando Chapa City Secretary APPROVED as to form: November 12, 2009 By: Ac4 Lisa Ag ii r Interim City Attorney Joe Adame Mayor 22 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: December 8, 2009 Public hearing to consider and Ordinance exempting Nueces River Irrigation Park Subdivision, Block 2, Lot 3B from payment of the wastewater lot or acreage fees under Section V.B.6.I) of the Platting Ordinance; requiring the owner /developer to comply with the specified conditions. ISSUE: The City Council, with the recommendation from the Planning Commission, may exempt an area from payment of lot or acreage fees if such area is determined by the Council to not likely be served by City wastewater services within the next fifteen (15) years. RECOMMENDATION: Planning Commission and Staff Recommendations (November 11, 2009): Approval of the request for wastewater acreage fee exemption for Nueces River Irrigation Park Subdivision, Block 2, Lot 3B, subject to a Sanitary Sewer Connection Agreement which will include payment of wastewater acreage /lot, pro -rata and tap fees. REQUIRED COUNCIL ACTION: Approval and passage of an ordinance exempting Nueces River Irrigation Park Subdivision, Block 2, Lot 3B from payment of wastewater acreage fees and requiring the owner /developer to comply with the specified conditions. Attachments: Exhibit A — Exhibit B — Exhibit C Exhibit D Exhibit E Exhibit F — Background Information Location Map — Allison Wastewater Master Plan — Ordinance — Letter from Developer Sanitary Sewer Connection Agreement Juan Perales, Jr., P.E. Assistant City Manager Department of Development Services JohnnyP @cctexas.com (361) 826 -3828 1:11.1N-DIR \SPECIAL SERVICES \PLATS \EXEMPTION\NUECES RIVER IRRIGATION PARK\BLOCK 2, LOT 3B\COUNCIL AGENDA MEMO.DOC -229- AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Section V.B.6.I.) of the Platting Ordinance states the following: "No lot or acreage fee must be paid if such land for which the fees are paid lies within an area exempted by the City Council from the payment of such fees. Such exempted areas shall be those determined by the City Council to not likely be served by City wastewater services within the next fifteen (15) years." In accordance with Section V.B.6.1), the developer's representative, Victor Medina, with Medina Consultants, is requesting exemption from wastewater acreage fees for a tract of land known as Nueces River Irrigation Park, Block 2, Lot 3B. The property is located south of Northwest Boulevard (FM 624) and east of FM 1889. The property is being platted to allow for further development of the site, including signage and future expansion of the commercial use. The area is located within the Allison Wastewater Treatment Plant Master Plan area. The Allison Wastewater Treatment Plant Master Plan was adopted by City Council in September 2004. According to the Master Plan, Lot 3B is to be served by a 10 -inch gravity line located east of the property that would extend south along the proposed extension of River Hill Drive to the extension of County Road 52. The 10 -inch line would connect to a 24 -inch gravity that would extend east along the extension of County Road 52 to County Road 69. The 24 -inch line would connect to a 30 -inch gravity line that would extend east along County Road 52 to the County Road 52 Lift Station. (See Exhibit C) The nearest existing wastewater line is located in the River Ridge Subdivision located east of the subject lot. The existing wastewater lines are near capacity and not a viable option of service for Lot 3B. The wastewater system mentioned above that is in accordance with the adopted Master Plan is not in place. The first item that needs to occur is the construction of the County Road 52 Lift Station. Currently, there are no funds available to construct the proposed lift station and the project is not currently included in either the short or long range Capital Improvement Program. It is Staff's determination that wastewater services will not be available to the area within the 15- year timeframe. However, to protect the City should wastewater services become available to the property, a Sanitary Sewer Connection Agreement would be executed that would require the development to connect to the public wastewater line within twelve (12) months of the line becoming available and pay the applicable wastewater acreage, pro -rata and tap fees at that time. For reference, the amount of the Wastewater Acreage fees are $14,430.00, based on the current rate of $1,443.00 per acre. Planning Commission Recommendation (11111/09): Approval to exempt Nueces River Irrigation Park, Block 2, Lot 3B from the wastewater acreage fees, subject to a Sanitary Sewer Connection Agreement to include payment of the wastewater acreage /lot, pro -rata and tap fees. EXHIBIT A H: \PLN- DIR\SPECIAL SERVICES \PLATS\EXEMPTION\NUECES RIVER IRIM21310MIK \BLOCK 2, LOT 3B \COUNCIL AGENDA MEMO BACKGRD.DOC SITE '^e l NORTihYE BLVD is i as ! 0.05 0.1 Miles 0.2 Legend r-- i PLANNING.CITYLIMITS Creation Date: 11/03/2009 Priming Dote: 11/032009 Fife: H:1PLN DIRISHAREDIGIS Pr ojecfsltMiguellCynthia Plaza Prepared By: HAB Source: City of Corpus Christi Department of Development Services Sort PaP,ce County N N w LOCATION MAP �fJ City of Corpus Christi EXHIBIT B H: \PLN- DIR\SPECIAL SERVICES\PLATS \EXEMPTION \NUECES RIVER IRRIG7T23 ARRIBLOCK2, LOT 3B \LOCATION MAP.DOC Oti ,-,°""'t.".0^.., i ' f"\— § * \ / A fa t t;1 '1,14-7,4g,'"'' C.0.1,r.7,PARK yr c FAA RD 524 V } ti F7t5 RC q NORTHWEST 3L'JGJ I'"cx a . A V�- 3 +e ter. Xac �FOFOSE.ina i-E iraROn'. • C$- 13.0`ifGp._. Y EXHIBIT C r :arc aaw; , - °3 {- -- ••"�•tewrrcaa— ���s; H:\PLN- DIR\SPECIAL SERVICES \PLATS\EXEMPTION\NUECES RIVER IRRIGAZ2 2 RK\BLOCK 2, LOT 3B1WASTEWATER MASTER PLAN.DOC Page 1 of 3 ORDINANCE EXEMPTING NUECES RIVER IRRIGATION PARK, BLOCK 2, LOT 3B, SUBDIVISION FROM THE PAYMENT OF WASTEWATER LOT OR ACREAGE FEES UNDER SECTION V. B. 6. I) OF THE PLATTING ORDINANCE; REQUIRING THE OWNER/DEVELOPER TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, Nueces River Irrigation Park, Block 2, Lot 3B ( "Subdivision ") is located south of Northwest Boulevard (FM 624), east of FM 1889 and is not currently served by the City wastewater system; WHEREAS, the owner /developer has submitted a written request that the Subdivision be exempt from the payment of wastewater lot or acreage fees based on the determination that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years; WHEREAS, based on Section V. B. 6. I) of the Platting Ordinance of the City of Corpus Christi, City Staff and the Planning Commission recommend that City Council find that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years and that the Subdivision be exempt from the payment of wastewater lot or acreage fees at this time. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. It is determined that the Nueces River irrigation Park, Block 2, Lot 3B ( "Subdivision ") is located south of Northwest Boulevard (FM 624), east of FM1889, is not likely to be served by city wastewater service within the next fifteen (15) years and is exempt from the payment of wastewater lot or acreage fees at this time, pursuant to Section V. B. 6. I) of the Platting Ordinance of the City of Corpus Christi. SECTION 2. The exemption from the payment of wastewater lot or acreage fees, pursuant to Section V. B. 6. I) of the Platting Ordinance of the City of Corpus Christi, is conditioned upon owner /developer compliance with the following: a. That the owner /developer of the Subdivision enter into a Sanitary Sewer Connection Agreement with conditions (copy of Agreement attached as Exhibit «A„ b. That the Sanitary Sewer Connection Agreement requires payment of the wastewater lot or acreage, pro -rata, and tap fees at the rate in effect at the time of connection to City wastewater. c. That the Sanitary Sewer Connection Agreement be recorded in the Office of the Nueces County Clerk's Office prior to the recordation of the plat. EXH i T D -1 Page 2 of 3 d. That the Sanitary Sewer Connection Agreement and covenants contained in the agreement are covenants running with the land. 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 8th day of December, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: December , 2009. Deborah Walther Brown First Assistant City Attorney For City Attorney Joe Adame Mayor 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, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott EXHIBIT D -3 PO. Box 7129 Corpus. Christi, TX 78467 -7129 2434 Sack Drive 361314.4700 36131+4757 MEDINA CONSULTANTS Engineering and Surveying October 30, 2009 City of Corpus Christi Attn: Miguel Saldana P.O. Box 9277 1201 Leopard Street Corpus Christi, TX 78401 Subject: Wastewater Distribution Acreage Fee for Nueces River Irrigation Park Block 2, Lot 3B Dear Mr. Saldana, Medina Consultants is requesting for the City of Corpus Christi to waive the Wastewater Distribution Acreage Fees, because we feel that the City of Corpus Christi will never provide wastewater services to this area. Furthermore, we are also asking for a waiver on the wastewater construction plans because it is not feasable at this time to construct a wastewater line. The closes manhole is more than 2000 feet from this location. We want to thank you in advance for your assistance on this project. Please contact Medina Consultants at 361 -814 -4700 if you have any questions. Victor S. Medina EXHIBIT E C.. 3 H \PLN -DIR \SPECIAL SERVICES \PLATS\EXEMPTION\NUECES RIVER IRRIG aI'ARK\BLOCK 2, LOT 3B\EXEMPTION REQUEST.DOC SANITARY SEWER CONNECTION AGREEMENT STATE OF TEXAS COUNTY OF NUECES § THIS AGREEMENT is entered into between the City of Corpus Christi, a Texas Home -Rule Municipal Corporation, P.O. Box 9277, Corpus Christi, Texas 78469 -9277, hereinafter called "City" and Cynthia Garza, 4530 White Oak Drive, Corpus Christi, Texas 78410, hereinafter called "Developer /Owner ". WHEREAS, Developer /Owner in compliance with the City's Platting Ordinance, has submitted the plat for Nueces River Irrigation Park, Block 2, Lot 3B, hereinafter called "Development ", (Exhibit 1); and, WHEREAS, wastewater construction plans and construction are normally a requirement of the plat, and WHEREAS, wastewater construction is not economically feasible due to the unavailability of existing wastewater facilities within reasonable proximity to the site, and WHEREAS, wastewater construction plans and construction would impose an undue financial hardship on the Developer /Owner, and NOW THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: 1. The owner of each individual lot agrees for itself, its successors, transferees, and assigns, as follows: a. To connect to City sewer within 12 months of the installation of a wastewater manhole at the frontage of the property or the installation of a collection line along the frontage of the property; b. To pay wastewater lot or acreage fees, whichever is greater, at the rate in effect at the time of connection to City wastewater; c. To pay applicable pro -rata and tap fees, fees for which there is no legal exemption, at the rate in effect at the time of connection to City wastewater; d. To subdivide the Development no further than what is shown on the Plat of Nueces River Park, Block 2, Lot 3B, attached as Exhibit 1; further subdivision of the Development voids this agreement; and EXHHNT F -1 Sanitary Sewer Connection Agreement Nueces River Irrigation Park, Block 2, Lot 3B Page 2 of 3 2. City agrees: a. To allow the property to use wastewater treatment as approved by the City /County Health Department. b. To allow the Owner to record plat and not require wastewater line construction. 3. INDEMNIFICATION: DEVELOPER/OWNER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ( "INDEMNITEES') AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM CITY ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE DEVELOPER/OWNER'S FAILURE TO COMPLY WITH ITS OBLIGATIONS UNDER THIS AGREEMENT OR TO PROVIDE CITY WASTEWATER SERVICE TO THE NUECES RIVER IRRIGATION PARK, BLOCK 2, LOT 38, INCLUDING INJURY, LOSS, OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES, WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. 4. The agreement and covenant herein are covenants running with the land, and must be filed in the Office of the Nueces County Clerk Office, and shall be binding on Developer /Owner, its successors and assigns, and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns and to third party beneficiaries from and after the date of execution. EX41tBITT F -2 Sanitary Sewer Connection Agreement Nueces River Irrigation Park, Block 2, Lot 3B Page 3 of 3 5. Agreement and terms of this agreement will terminate upon connection to City wastewater and payment of appropriate fees. EXECUTED IN DUPLICATE originals, this day of , 2009. DEVELOPER /OWNER: Cynthia Garza 4530 White Oak Drive Corpus Christi, TX 78410 Cynthia Garza Owner STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 2009, Cynthia Garza, Owner, Nueces River Irrigation Park, Block 2, Lot 3B. APPROVED: December , 2009 By: Juan Perales, Jr., P.E., Development Services Engineer APPROVED: December , 2009 By: Deborah W. Brown Assistant City Attorney For City Attorney Notary Public, State of Texas EXHIBIT F -3 H: \PLN -DIR \SPECIAL SERVICES \PLATSIEXEMPTION\NUECES RIVER IRRIG,4TIT§ARK\BLOCK 2, LOT 3BISANITARY SEWER CONNECTION AGREEMENT.AGENDA EXHIBIT.DOC L 3 23 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: December 8, 2009 Public hearing to consider and Ordinance exempting Riverside Acres, Block 1, Lots 5A, 5B and 5C Subdivision from payment of the wastewater lot or acreage fees under Section V.B.6.1) of the Platting Ordinance; requiring the owner /developer to comply with the specified conditions. ISSUE: The City Council, with the recommendation from the Planning Commission, may exempt an area from payment of lot or acreage fees if such area is determined by the Council to not likely be served by City wastewater services within the next fifteen (15) years. RECOMMENDATION: Planning Commission and Staff Recommendations (November 11, 2009): Approval of the request for wastewater acreage fee exemption for Riverside Acres, Block 1, Lots 5A 5B and 5C, subject to a Sanitary Sewer Connection Agreement which will include payment of wastewater acreage /lot, pro -rata and tap fees. REQUIRED COUNCIL ACTION: Approval and passage of an ordinance exempting Riverside Acres, Block 1, Lots 5A, 5B and 5C from payment of wastewater acreage fees and requiring the owner /developer to comply with the specified conditions. Attachments: Exhibit A — Exhibit B — Exhibit C Exhibit D Exhibit E Exhibit F — Background Information Location Map — Allison Wastewater Master Plan — Ordinance — Letter from Developer Sanitary Sewer Connection Agreement \Attvit Juan Perales, Jr., P.E. Assistant City Manager Department of Development Services JohnnyP @cctexas.com (361) 826 -3828 H: \PLN- DIR\SPECIAL SERVICES \PLATS\EXEMPTION \RIVERSIDE ACRES \BLOCK 1, LOTS 5A, 5B & 5C.000NCIL AGENDA MEMO.DOC —243— AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Section V.B.6.I.) of the Platting Ordinance states the following: "No lot or acreage fee must be paid if such land for which the fees are paid lies within an area exempted by the City Council from the payment of such fees. Such exempted areas shall be those determined by the City Council to not likely be served by City wastewater services within the next fifteen (15) years." In accordance with Section V.B.6.I), the developer's representative, Victor Medina, Medina Consultants, is requesting exemption from wastewater acreage fees for a tract of land known as Riverside Acres, Block 1, Lots 5A, 5B & 5C. The property is located outside the city limits, north of Northwest Boulevard (FM 624) and east of West Riverview Drive. The proposed Lots 5A, 5B and 5C will be used for construction of single - family residential units. The area is located within the Allison Wastewater Treatment Plant Master Plan area. The Allison Wastewater Treatment Plant Master Plan was adopted by City Council in September 2004. According to the Master Plan, Lots 5A, 5B and 5C are to be served by a 10 -inch gravity line proposed along Riverview Drive. The 10 -inch line would extend north along Riverview Drive then west to West Riverview Drive where the line would connect to a 12 -inch gravity line. The 12 -inch gravity line would extend north along West Riverview Drive to the proposed Riverview Lift Station. The nearest existing wastewater line is located in the Wood River Subdivision located east of the subject lot. (See Exhibit C) The wastewater system mentioned above is in accordance with the adopted Master Plan, but it is not in place. The first item that needs to occur is construction of the Riverview Lift Station. Currently, there are no funds available to construct the proposed lift station and it is not included in either the short or long range Capital Improvement Program. It is Staff's determination that wastewater services will not be available to the area within 15 years. However, to protect the City should wastewater services become available to the property, a Sanitary Sewer Connection Agreement is recommended that would require the development to connect to the public wastewater line within twelve (12) months of the line becoming available and pay pro -rata and tap fees. Staff recommends that the agreement should also contain language stating that if wastewater services become available within the next fifteen (15) years, the owner would be required to pay the acreage fees applicable at the time the wastewater line becomes available. For informational purposes, the amount of these fees is $3,203.46, based on the current rate of $1,443.00 per acre. Planning Commission Recommendation (11/11/09): Approve exempting Riverside Acres, Block 1, Lots 5A, 5B and 5C from the wastewater acreage fees, subject to a Sanitary Sewer Connection Agreement to include payment of the wastewater acreage /lot, pro -rata and tap fees. EXHIBIT A H: \PLN -DIR \SPECIAL SERVICES \PLATS \EXEMPTIONIRIVERSIDE ACRES\ n 44CTTS 5A, 5B & 5C.COUNCIL AGENDA MEMO BACKGRD.DOC Son Portent County Creation Date: 171032009 Printing Date: 11/03/2009 File: H: IPLR_DIRISHAREDIC,IS Projectsw9NgueflRiverside Acres Prepared By: KAB Source: City of Corpus Christi Department of Development Services EXHIBIT B H: \PLN -OIR \SPECIAL SERVICES \PLATS \EXEMPTION\RIVERSIDE ACRES \BLCC244 1 5A, 5B & 5C. LOCATION MAP.DOC • 7.57.3c. • -- - *-‘ A FT .5,rATICht - , ..c• try, I- t el it 3.5 PROP,SEF RtvERVIEW , . 5.7 • r -4 - • kY • t • • \ji 47, 4544 1_, • c..)r " • E • 0 1, iPtStfri.tiE (Th L._ . 1).1t.,,: k.."-1) c- (FM 624) 111. ••••• (,) r- ft'; 0 ' (j ..-.1., .....t., 4 i ., , EXHIBIT C 5-5555: 5.55-5 -41u 1.5.5c. R:\PLN-DIR\SPECAL SERVICES \PLATS EXEMPTIOMRIVERSIDE ACRES\ 13L0t214116-r5A, 5B & 5C.WASTEWATER MASTER PLAN.DOC Page 1 of 3 ORDINANCE EXEMPTING RIVERSIDE ACRES, BLOCK 1, LOTS 5A, 5B AND 5C, SUBDIVISION FROM PAYMENT OF THE WASTEWATER LOT OR ACREAGE FEES UNDER SECTION V. B. 6. I) OF THE PLATTING ORDINANCE; REQUIRING THE OWNER/DEVELOPER TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, Riverside Acres, Block 1, Lots 5A, 5B and 5C ( "Subdivision ") is located outside the city limits, north of Northwest Boulevard (FM 624), east of West Riverview Drive and is not currently served by the City wastewater system; WHEREAS, the owner /developer has submitted a written request that the Subdivision be exempt from the payment of wastewater lot or acreage fees based on the determination that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years; WHEREAS, based on Section V. B. 6. I) of the Platting Ordinance of the City of Corpus Christi, City Staff and the Planning Commission recommend that City Council find that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years and that the Subdivision be exempt from the payment of wastewater lot or acreage fees at this time. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. It is determined that the Riverside Acres, Block 1, Lots 5A, 5B and 5C ( "Subdivision ") is located outside the city limits, north of Northwest Boulevard (FM 624), east of West Riverview Drive, is not likely to be served by city wastewater service within the next fifteen (15) years and is exempt from payment of the wastewater lot or acreage fees at this time, pursuant to Section V. B. 6. I) of the Platting Ordinance of the City of Corpus Christi. SECTION 2. The exemption from the payment of the wastewater lot or acreage fees pursuant to Section V. B. 6. I) of the Platting Ordinance of the City of Corpus Christi, is conditioned upon owner /developer compliance with the following: a. That the owner /developer of the Subdivision enter into a Sanitary Sewer Connection Agreement with conditions (copy of Agreement attached as Exhibit «A„ b. That the Sanitary Sewer Connection Agreement requires payment of the wastewater lot or acreage, pro -rata, and tap fees at the rate in effect at the time of connection to City wastewater. EXI=ITBTT D -1 Page 2 of 3 c. That the Sanitary Sewer Connection Agreement be recorded in the Office of the Nueces County Clerk's Office prior to the recordation of the plat. d. That the Sanitary Sewer Connection Agreement and covenants contained in the agreement are covenants running with the land. 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 8th day of December, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: December , 2009. Deborah Walther Brown First Assistant City Attorney For City Attorney Joe Adame Mayor EXPWT D -2 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, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott EXHIBIT D -3 H: \PLN -DIR \SPECIAL SERVICES\ PLATS\ EXEMPTION \RIVERSIDEACRES18L&.9T LOTS 5A, 5B 8 5C.ORDINANCE.EXHIBIT.DOC MEDINA CONSULTANTS Engineering and Surveying November 5, 2009 City of Corpus Christi Attn: Miguel Saldana P.O. Box 9277 1201 Leopard Street Corpus Christi, Tx 75401 Subject: Wastewater Distribution Acreage Fee for Riverside Acres 13lock'1, Lots SA. SB 5C Dear Mr. Saldana, Box 7 L'9 Cxpos C6risri. TX 78467-71 ).9 24H Szcky L?rivc 361.811.17W 151 - 814.4757 Medina Consultants is requesting for the City of Corpus Christi to waive the Wastewater Distribution Acreage Fees, because we feel that the City of Corpus Christi will never provide wastewater' services to this area. Furthermore, tivc are also asking for a waiver on the wastewater construction plans because it is not ;easablc at this time to construct a wastewater line. We want to thank you in advance for your assistance on this project. Please contact Medina Consultants at361 -S 14 -4700 if you have any questions. Victor S. Medina EXHIBIT E H: \PLN -DIR \SPECIAL SERVICES \PLATS\EXEMPTION \RIVERSIDE ACRES\H[C2&0_0TS 5A, 5B & 5C.EXEMPTION REQUEST DOC SANITARY SEWER CONNECTION AGREEMENT STATE OF TEXAS COUNTY OF NUECES § THIS AGREEMENT is entered into between the City of Corpus Christi, a Texas Home -Rule Municipal Corporation, P.O. Box 9277, Corpus Christi, Texas 78469 -9277, hereinafter called "City" and Lee Daniel Trevino, 3619 County Road 52B, Robstown, Texas 78380, hereinafter called "Developer /Owner ". WHEREAS, Developer /Owner in compliance with the City's Platting Ordinance, has submitted the plat for Riverside Acres, Block 1, Lots 5A, 5B and 5C, hereinafter called "Development ", (Exhibit 1); and, WHEREAS, wastewater construction plans and construction are normally a requirement of the plat, and WHEREAS, wastewater construction is not economically feasible due to the unavailability of existing wastewater facilities within reasonable proximity to the site, and WHEREAS, wastewater construction plans and construction would impose an undue financial hardship on the Developer /Owner, and NOW THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: 1. The owner of each individual lot agrees for itself, its successors, transferees, and assigns, as follows: a. To connect to City sewer within 12 months of the installation of a wastewater manhole at the frontage of the property or the installation of a collection line along the frontage of the property; b. To pay wastewater lot or acreage fees, whichever is greater, at the rate in effect at the time of connection to City wastewater; c. To pay applicable pro -rata and tap fees, fees for which there is no legal exemption, at the rate in effect at the time of connection to City wastewater; d. To subdivide the Development no further than what is shown on the Plat of Riverside Acres, Block 1, Lots 5A, 5B and 5C, attached as Exhibit 1; further subdivision of the Development voids this agreement; and EXHIBIT F -1 Sanitary Sewer Connection Agreement Riverside Acres, Block 1, Lots 5A, 5B & 5C Page 2 of 3 2. City agrees: a. To allow the property to use wastewater treatment as approved by the City /County Health Department. b. To allow the Owner to record plat and not require wastewater line construction. 3. INDEMNIFICATION: DEVELOPER/OWNER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ( "INDEMNITEES ") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM CITY ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE DEVELOPER/OWNER'S FAILURE TO COMPLY WITH ITS OBLIGATIONS UNDER THIS AGREEMENT OR TO PROVIDE CITY WASTEWATER SERVICE TO THE RIVERSIDE ACRES, BLOCK 1, LOTS 5A, 5B & 5C, INCLUDING INJURY, LOSS, OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES, WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. 4. The agreement and covenant herein are covenants running with the land, and must be filed in the Office of the Nueces County Clerk Office, and shall be binding on Developer /Owner, its successors and assigns, and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns and to third party beneficiaries from and after the date of execution. Sanitary Sewer Connection Agreement Riverside Acres, Block 1, Lots 5A, 5B & 5C Page 3 of 3 5. Agreement and terms of this agreement will terminate upon connection to City wastewater and payment of appropriate fees. EXECUTED IN DUPLICATE originals, this day of , 2009. DEVELOPER /OWNER: Lee Daniel Trevino 3619 County Road 52B Robstown, TX 78380 Lee Daniel Trevino Owner STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 2009, Lee Daniel Trevino, Owner, Riverside Acres, Block 1, Lots 5A, 5B & 5C. APPROVED: December , 2009 By: Juan Perales, Jr., P.E., Development Services Engineer APPROVED: December , 2009 By: Deborah W. Brown Assistant City Attorney For City Attorney Notary Public, State of Texas EXHIBIT F -3 H: \PLN -DIR \SPECIAL SERVICES \PLATS \EXEMPTION \RIVERSIDE ACRES\BLO K 1 OTS 5A, 5B & 5C.SANITARY SEWER CONNECTION AGREEMENT.AGENDA EXHIBIT.DOC L 24 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: December 8, 2009 Public hearing and first reading of the ordinance to consider abandoning and vacating a 82,830- square foot portion of the Resaca Street public right -of -way, located between the N. Tancahua Street and San Rankin Street public rights -of -way, subject to compliance with the specified conditions. ISSUE: The City of Corpus Christi, is requesting the abandonment and vacation of a portion of the Resaca Street public right -of -way, located between the N. Tancahua Street and San Rankin Street public rights -of -way, in association with the Broadway Wastewater Treatment Plant re- construction project. REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of street rights -of -way. City Code requires a public hearing prior to the vacating and abandonment of any street rights -of -way. PRIOR COUNCIL ACTION: December 16, 2008 - City Council approved Resolution No. 027997 which authorized a Right -of -Way Agreement between the City and the Port of Corpus Christi, permitting the exchange of real estate rights needed by each party through the process of vacating and abandoning, granting, selling or other means, to convey these rights to each other. IMPLEMENTATION SCHEDULE: Upon approval by Council and issuance of the ordinance, all grants of street closures must be recorded at owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the approval of building permit and construction, an up -to -date survey, abstracted for all public rights -of -way, easements, and items of record, must be submitted to the Assistant City Manager of Development Services. RECOMMENDATION: Staff recommends approval of the ordinance as presented. VC/a,Z,L Attachments: Exhibit A - Exhibit B - Exhibit C Exhibit D Background Information Ordinance - Site Location Map — Resolution No. 027997 -257- Juan Perales, Jr., .E. ACM of Development Services Phone: (361) 826 -3828 e -mail: johnnyp @cctexas.com AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The City of Corpus Christi, is requesting the abandonment and vacation of an 82,830- square foot portion of the Resaca Street public right -of -way, located between the N. Tancahua Street and San Rankin Street public rights -of -way. The public street right -of -way to be abandoned and vacated is located in an "1 -3" Heavy Industrial District. The City of Corpus Christi along with the Port of Corpus Christi Authority (POCCA) and Mr. William R. Durrill Jr., are the adjacent property owners to the portion of Resaca Street, from North Tancahua Street to Sam Rankin Street. On December 16, 2008, City Council approved Resolution No. 027997 which authorized a Right -of -Way Agreement between the City and the Port of Corpus Christi. This agreement permitted the exchange of real estate rights needed by each party through the process of vacating and abandoning, granting, selling or other means, to convey these rights to each other. Mr. William R. Durrill Jr. is asking to retain his portion of the Resaca Street public right -of -way, and will be paying the fair market value fees assessed for his portion of the public right -of -way to be abandoned and vacated. As part of the abandoning and vacating of the public street right -of -way, the City of Corpus Christi will be acquiring some property from the Port of Corpus Christi Authority (POCCA) for a 30 -foot wide sanitary sewer easement in association with the Broadway Wastewater Treatment Plant re- construction project. The City of Corpus Christi as part of the agreement made with POCCA, will be retaining POCCA's entire north portion of the Resaca Street public right -of -way. The City has acquired a portion of the North Port Avenue public street right -of -way from POCCA, as part of the street widening project of North Port Avenue, from the Interstate 37 public right -of -way, north to Whataburger Field. A condition of the agreement was for the Port of Corpus Christi to convey real estate rights of the north one -half of Resaca Street from North Tancahua Street to Sam Rankin Street (41,400 s.f.). The City will initiate the vacating and abandonment of the entire 60 feet (60') of Resaca Street. Upon vacating, the north one -half of the street will be conveyed to the Port and the south one -half to the City. Once the entire right -of -way is vacated and abandoned by the City Council, after a pubic hearing, and said right -of -way is maintained as a utility easement the Port will convey fee simple title to the City, via Quit Claim Deed, to the north one half of Resaca Street. A Transportation Advisory Committee (TAC) meeting was held on Monday, November 23, 2009, at 2:30 p.m., in the City Council Chambers to discuss the proposed street closure. The proposed street closure was endorsed by the Transportation Advisory Committee. (see Exhibit D) All public and franchised utilities were contacted regarding this closure request and no objections were received by any of the public or franchised utility companies. The City Water, Wastewater, and Gas Departments all have existing utilities within the said portion of the Resaca Street public right —of -way to be abandoned and vacated and are requiring that the entire public right -of -way be retained as a utility easement. AEP, and TimeWarner Cable also have existing utilities within the said portion of the Resaca Street public right -of -way to be abandoned and vacated and are requiring that the entire public right -of -way be retained as a utility easement. None of the other public or private departments or utility companies had any objection. Staff recommends that Mr. William R. Durrill Jr. pay the fair market value fee of $2,500 for his 4,500- square foot portion (30' x 150') of the abandonment and vacating of the Resaca Street public right -of -way. The City of Corpus Christi and the Port of Corpus Christi Authority will be exchanging real estate property that will off-set part of the fair market value fee being assessed to the proposed public street right -of -way (Resaca Street) being proposed for closure. As a condition of the Resaca Street public right -of -way closure, the Owners within 180 days of adoption of the ordinance, will be required to record all grants of street closures and dedications in the real property Map Records of Nueces County, Texas. The Owners have been advised of and concur with the conditions of the right -of -way abandonment. EXHIBIT A -258- FROM: Juan Perales, Jr., P.E., ACM of Development Services DATE: November 19, 2009 TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI: ORDINANCE REQUEST DATE RECOMMENDED FOR COUNCIL ACTION: December 8, 2009 ORDINANCE CAPTION: Public hearing and first reading of the ordinance to consider abandoning and vacating a 82,830- square foot portion of the Resaca Street public right -of -way, located between the N. Tancahua Street and San Rankin Street public rights -of -way, subject to compliance with the specified conditions. OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE: Plat is recorded in Volume A, Page 2, of the Map Records of Nueces County, Texas. SPECIFIED CONDITIONS AS PART OF CLOSURE: 1) Staff recommends that Mr. Dusty Durrill pay the fair market value fee of $2.500 for his 4,500- square foot portion (30'x150') of the abandonment and vacating of the Resaca Street public right -of -way. The City of Corpus Christi and the Port of Corpus Christi Authority will be exchanging real estate property that will off- set part of the fair market value fee being assessed to the proposed public street right -of -way (Resaca Street) being proposed for closure. 2) City Water Department has an existing water main and fire hydrants within the right -of -way and is requiring that the entire public right -of -way be retained as a utility easement. 3) City Wastewater Department has an existing 48 -inch and 8 -inch sewer line within the right -of -way and is requiring that the entire public right -of -way be retained as a utility easement. 4) City Gas Department has an existing 2 -inch wrapped steel gas main within the right -of -way and is requiring that the entire right -of -way be retained as a utility easement. 5) AEP has an overhead electrical distribution line and is requiring a minimum 15 -foot wide utility easement parallel and adjacent to the north side of the Resaca Street public right -of -way. 6) TimeWarner Cable has an aerial overhead line attached to the existing AEP poles and is requiring a minimum 15 -foot wide utility easement parallel and adjacent to the north side of the Resaca Street public right -of -way. 7) Within 180 days of approval by Council and issuance of the ordinance, all grants of street closures and dedications must be recorded at owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the recordation of the street closure, an up -to -date survey, abstracted for all public rights -of -way, easements, and items of record, must be submitted to the Development Services Engineer. REQUE 'ED BY: tai & ft Juan Perales, Jr., F.E. ACM of Development Services DATE: (l / r' 0 Approved: Date: EXHIBIT B -259- iumml"CI, ' ___3 U---' BPEWST H , V_____________ j llS s I fig O p4 HUG. r RESACA S 0— •••• 1111111.11 ii p ER IV iR E 'A G ��FraGEP �= z mini- woo, 101111000111L11 W001—.1111111111111111111111 1111111111111■1-■ IWIII 11111111 11101- II- I- 11110011 .111101,..70-011 Will-011....1 W0111ww- 111011...1.1 "1""-111111000 1111116"-- .00111111, 01111,rage-1 iii ,........ p„-.44,...,. ,,,-, , 4„.. ,,,,, • M BEAU,' c ' 0, 11111111 V E'.1 911 -- MIMI •,` fsr M— �� ' ' a 9a LGe4 MEI fr NOTES: - MAP TO ACCOMPANY FIELD NOTES. o CITY of CORPUS CHRISTI, TEXAS RESACA STREET CLOSURE EXHIBIT C G:�� Department of Engineering Services OWNER: CITY OF CORPUS CHRISTI Le3 Survey Division 361- 826 -3551 BEING A TRACT OF LAND CONTAINING 82,830 SQ. FT. STREET LYING BETWEEN SAM RANKIN STREET AND NORTH9TANCAHUA AND STREET, AS RESACA j 01/07/2009 Drawn B : M. ANDRADE Date Drown: Ol Checked By: O. NESMITH Project: 7293 SHEET 1 OF 2 File :C: \PROJECTS \RESACA ST. - EXHIBIT.... \TOPO.DWC 133dJ.S YfiHVONdl 1-11 HON ld s _ J eE ¢ 'roc CSQOCG C x -c O ,.a • c o N i z w d- w to < w v w0 <0 Z N z w U1 In W r7 < CO W N 0 O SOH N „E • z !n � a 000 0 U N0 t0 ..33NIS NI71Nb2! IWS STATE OF TEXAS O N REGISTERED w La i-211 CO GI ft • cri } OJ 0 w < < w • Q z ~ • vi 1 < o o o2 u Wa w z o�cQo W N W Y N 1-a.w O t- R� • ti Z Z ti _oaoo COUNTY OF W 0 z — MAP TO ACCOMPANY FIELD NOTES. C EXHIBIT C Ct W 6 OWNER; CITY OF CORPUS CHRISTI File:C: \PROJECTS \RESACA ST. — EXHIBIT.... \TOPO.OWG A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A RIGHT -OF -WAY AGREEMENT WITH THE PORT OF CORPUS CHRISTI AUTHORITY FOR THE PURPOSE OF EXCHANGING REAL ESTATE RIGHTS NEEDED BY EACH PARTY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or designee, is authorized to execute a Right -of -Way Agreement with the Port of Corpus Christi Authority for the purpose of exchanging real estate rights needed by each party through the process of vacating and abandoning, granting, selling or other means, to convey these rights to each other. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI Henry Garre Mayor, City APPROVED AS TO FORM: December 8, 2008. At, f -tte ' ..ate A� istant City Attorney For City Attorney 027997 —262— f Corpus Christi EXHIBIT D Car s hristi, Texas p� of 2008 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell NO Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 027997 —263— EXHIBIT D Right -of -Way Agreement THE STATE OF TEXAS § BY THIS AGREEMENT COUNTY OF NUECES § The City of Corpus Christi, ( "City, "), whose address is 1201 Leopard, Corpus Christi, Nueces County, Texas, 78401, and the Port of Corpus Christi Authority, ("Port"), whose address is 222 Power Street, Corpus Christi, Nueces County, Texas 78401, mutually agree to enter into a Right -of- Way Agreement, ( "Agreement "); for the purpose of exchanging real estate rights needed by each party through the process of vacating and abandoning, granting, selling or other means, to convey these rights to each other. THEFEFORE, THE CITY AND THE PORT AGREE AS FOLLOWS: 1. The City shall vacate and abandon certain road right of ways to the Port as follows: 1. 408,026.52 square feet of Navigation Boulevard as shown on the attached Exhibit A. 2. 16,901.28 square feet of Sigmor Street as shown on the attached Exhibit B. 3. 16,727.04 square feet of Texaco Street as shown on the attached Exhibit C. 4. 54,362.88 square feet of Avenue F as shown on the attached Exhibit D. The City makes no warranty as to the title of the rights -of -way and shall convey these rights by a Quit Claim Deed to the Port using a document similar to the attached Exhibit E. The City may retain a Utility Easement upon the entire area of each parcel of land that is vacated and abandoned. 2. The Port shall convey real estate rights and pay cash compensation to the City as follows: 1. Fee simple rights to 1,757 square feet of N. Port Avenue, as shown on the attached Exhibit F. The Port shall execute a Real Estate Sales Contract and a Warranty Deed to the City, acceptable to the City. 2. A Sanitary Sewer Easement, out of Blocks 64, 65, 66, and 67, Beach Portion, containing 37,050 square feet, similar to the attached Exhibit G. 3. Fee simple right to 41,400 square feet, being the north one half of Resaca Street as shown on the attached Exhibit H. The City shall initiate the vacating and abandonment of the entire sixty feet (60') ofResaca Street. Upon vacating, the north one -half of the street must be conveyed to the Port and the south one half to the City. Once the entire right -of -way is vacated and abandoned by the City Council, after a public hearing, the Port shall subsequently convey fee simple title to the City, via Quit Claim Deed, to the north one half of Resaca Street. 4. In addition, the Port shall present cash payment to the City in the amount of $55,300. H:\HOMENomaRTROJECT\Misc. lnstnunentsWavigationBlvd.ROW -V&A Agreementdoc Page 1 of 2 —264— EXHIBIT D 3. Subject to the performance by both parties of their respective obligations and the satisfaction of all conditions set forth in this Agreement, all transactions contained in this Agreement must be closed within 180 days after execution of the Agreement. 4. It is understood and agreed that either the City or the Port may perform or cause to be performed an environmental audit, including "all appropriate inquiry" as term is used in the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Sec. 9601(35) (B), and that the time required for the audit may cause a delay in closing and the results of the audit may cause a cancellation of this Agreement. In this connection, City and Port grants access to their property for due diligence and inspection purposes. Each party warrants to the other party that they have disclosed, before the closing of this Agreement, all relevant information known to exist by each party. 5. The City and the Port each accepts title to their Property subject to all recorded restrictive covenants, use restrictions, and all applicable City zoning regulatory ordinances, if any. This Agreement survives the vacating and abandonment process and the delivery of deeds, easements, and other necessary documents, and all terms and conditions remain in effect between the City and the Port. 7. The City and the Port are exchanging surface rights only. No mineral rights are included in this exchange, with each property subject to existing mineral exploration and extraction rights assigned to other parties. 8. Time is of the essence in connection with this agreement. Executed in duplicate this Port of Corpus C ti A ; L By ,A Name: Ot • 1.1,/ - date of ceivib4r , 2008. Title: Date: DEC 0 9 2008 , 2008 ReS • Orel [ AtIrHOR1ZED +R COUNCIL ...� a SECRETARY City of eborpus Christi By: ZE•• N e: ����, . 2SC-0 6r- Title: Date: btalltk if , 2008 Approved as to legal form: Mary Kay Fischer City Attorney Assistant City Attorney CA DOCUME- PADMDA- 1lCACALS- 11TempOCPwpwise NavigationBlvd.ROW -v&A Ag1eemeutdoe Page 2 of 2 —265— ATTEST: a 1 1 MARIO SCILE 0 150' SST 460' 600' LEGEND: PROPOSED OTY R.O.W. CLOSURE NOM& 1. BEARINGS ARE BASF-12 ON GPS BEARINGS. NM) 27, TEXAS SOUTH ZONE PCCA MONUMENT INTER—r. PCCA BRASS OISIC LOCATED ON 1HE NORTH DO OF THE IIMST CULVERT CM AVENUE F. nr NORM OF NANCATION 2ILVO. 2. MAP 113 ACCOMPANY' OYES BONG A 5.367 ACRE TRACT. CURRENTLY ALL PORTIONS VD-WITHIN CITY UNITS 10 BE CLOSED. *ea ................... 74; '• . • en DATE •••••••1.:• • 2 , • .... . . • - • 3 /0946 ENTER -2 DISK ND. za *.c.• r2 g " 9aF, 2117 PCCN FINLV07•06se 5 7 ts. Nut 100024.7 a rot 1 ; 'ea ir4 0: 8 re 8 1. $ ea PORT or CORPUS cmrtisrn Awn-loom-re CITY R.O.W. CLOSURE War-- AS SHOWN ee etb NAVIGATION BLVD. ka;m1 jeit. a RIGHT OF WAY 4 EXHIBIT "A" QPIAPNIC 3C.ALE :'• ' f'' S..: ....tr.:* JOE RLIONSFIEDIA15311AL 1RACR con= N 884817' E 60.00' VWA KVA .**•• :*** . . ENTER-2 DISK) N 0118'42° W 281.73' 60.00" N Nr4.1.15. E 2400.110. 5 88 w 4118" W Po OF BEGINNING NAVIGATION 8OLLEVA RD NOES 1. BEARINGS ARE RASED ON OfS BEARINGS r4A0 27, 1EXAS S�JTh ZONE. p�A moNumENT FCCA sRAsS OSK LOC.A1ED 4 IME MTh 040 OF DIE siM1 OIL1ERT OK mom ralfrIN Cf NAIMATICR IILAL 2. IHF 10 ACCA50713-10? SENO A 0.3115 * TRACT, omepery 1)€ soune sal As 10 SE CLONED. '4•?...4::s‘ 74:4,...!.+•.: E.;-FRA;;;.0.7 .3/09i,a6 ma DAR 2 3 7 HO. PL REIRSON 107-034O eir 1 j PROPOSED CO3INTY R.O.R. CLOSURE FRoPOSED or LOW. CLOSuRE RE AS fato4-7 FORT . • • \PORIbrOftIP li.011■1■01411w CIF COMM 0111111 As most+ M .LY,oI.ID N J wspeseedassARIng4 OF CORPUS CHRISTI AUTHORITY CITY R.O.W. CLOSURE SIGMOR ROAD spieLat RIGFff OF WAY -267- EXHIBIT "B" 1 1 GRAPHIC W R1.7CNIIMINATICIIAL 0 0O 00• 400' MACE COMM :•*%. : • : - • - N 88'48'17" E 60.00' CITY LIMITS N 0118'42" W 278.70' •—• v S 88'41'18- W 60.00" ON BOULEVARD 1. BEARCNCS ARE BASED ON CPS BENUMBS. MAD 27. TEXAS SOUTH 284E. PCCA 14104144ENT 1:PITER-2. PCC BRASS DISK LOCATED ON THE NORTH END OF THE cumanror+ AVENUE F. 2117 NORTH OF NANGAIION KW. 2. NAP TO ACCOM 'Q'Jl�ES JoNG A 0.384 ACRE TRACT. NSLY Tie soy"; To BE CLOSED. ....... , ':.-?..41‘STRI; • 1- -64'•■•;:fka ooc............. .. Watia NO. 5/r Lk 7 r! CRY LANS 5 0118'42- E 278.58' — . Pow or SEWING N er4118 E 309.48 PROPOSED COUNTY R.O.W. 0.03URE PROPOSED CITY R.O.N. CLOSURE MCA PEW. /07-034C 102224-7 CIF ENTER-2 DISK —\ z M .I1.111 AO ratmadrearsparaffsci no OAT loam 2 3 3 8 7 8 • • ca an PORT OF CORPUS CHRISTI AUTHORITY CITY R.O.W. CLOSURE AS SHONN TEXACO ROAD MAR. 2006 RIGHT OF WAY 2 -268- EXHIBIT "C" GNAPRC SCALE 1004.00' : : • : --- • PCCA DISK ENTER-2 N 88-4817" E 34.48' --------- CITY LIMITS N 05'48'29' E XS MT= MOSINSIMAL 1SM:e COMM Lk/ / S 80'30'27" E 43.17' VA9-11nwsr /A A CI, S 05'48'29" W 278.93' 275.95' ENO. 5/8. LR. S 88'41'18" W 80.62' END. 5/3' I.R. POINT OF BEGINNING NAVIGATION BOULEVARD , 5 tureur _j 20.71Y NMEI: 1. BEARINGS ARE MSC ON MPS BEARINGS. NAD 27. TEXAS SOUTH ZONE. PCCA MONUMENT INTER-r. PCCA BRASS DISK LOCATED ON THE NORTH END OF 111E %ESC'S:MART ON AVENUE F. 297' NORTH OF NAVIGATION m.vo. 2. MAP TO NOTES BENG A 1.248 ACRE TRACT. CIARENTLY A PORTI .• CSIMIE-E710.216,12LOSED. ........ • "*.?. , . :t•••'• • - ..... . .............. NIL DATE REVISION ... • . ; .. ...... ....... • =▪ 7,.. • dedi:e6.4- Ts: lfa /QS rof 1 MN:POSED COUNTY R.O.W IOSURE PROPOSED OW CLOSURE MCA AEU /07-034C DK JON 0:1202.747 PORT OF CORPUS CHRISTI AUTHORITY MO. sir I.R. 2 3 4 5 6 a • CITY R.O.W. CLOSURE acme Firrag_9N WN - etb AVENUE F MAR. 2008 RIGHT OF WAY EXHIBIT "D" QUIT CLAIM DEED THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES § That the CITY OF CORPUS CHRISTI, a Texas Home Rule municipal corporation, 1201 Leopard, Corpus Christi, Nueces County, Texas 78469 -9277, collectively called Grantor, for and in consideration of the sum of One Dollar and No /Cents ($1.00) in hand paid by the Grantee hereinafter named, the receipt of which is hereby acknowledged, does by these presents grant, convey, release and forever QUIT CLAIM unto the Port of Corpus Christi Authority of Nueces County, Texas, 1305 N. Shoreline Boulevard, Corpus Christi, Texas, 78401, all that certain property situated in the County of Nueces County, Texas, known as: Four tracts of land comprised of street right -of -way as shown on the maps attached and incorporated as "Exhibits A, 8, C, and D ". The abandoned and vacated property as shown above will be retained by Grantor in their entirety as utility easements. TO HAVE AND TO HOLD, the said premises, together with all rights, improvements and appurtenances thereto belonging, unto the said Grantee above named, Grantor's successors, heirs, and assigns, forever, so that neither the under signed, or any person or persons claiming under the undersigned, shall at any time hereafter have or claim any right, title or interest in or to said property, or any part thereof, except as to the retention of the utility easements. Executed this day of , 2008. GRANTOR CITY OF CORPUS CHRISTI `Angel R. Escobar, City Manager —270— EXHIBIT "E" THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me, this day of 2008, by `Angel R. Escobar as City Manager of the City of Corpus Christi, a Texas home -rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas [Seal] APPROVED AS TO LEGAL FORM, THIS DAY OF , 2008. FOR THE CITY ATTORNEY Veronica Ocanas, Assistant City Attorney CITY LEGAL DEPARTMENT —271— EXHIBIT "E" 0 150 300. 450. 600' 11.6EMI: PROPOSED Orr R.O.W. CLOSURE 1. BEARINGS ARE BASED ON GPS BEARINGS, MAD 27. TEXAS SOUTH ZONE MCA, MONUMENT "ENTER—t. PCCA BRASS DISK LOCATED ON THE NOM END OF 1l€ StiST CULVERT ON AVENUE F. 2971 NORTH Cr NAMGATION BLVD. 2 MAP TO ACCOMPANY FIEIt.1O1ES BEING A 9.367 ACRE TRACT. CURRENTLY ALL PORTIONS VD vATHIN CITY WAITS TO BE CLOSED. 4.o • _ • • • - • • • ..... . •...7.7m.-"c • 7-44.1- 14; 3/0,A3 ENTER -2 DISK ND. 5/0 1.R. Abgii so arialrels : N .03 tr) r: 2 15■., el= 5 d1C•1 PCCA PROJ. 107-034C RsE JOB 402024-7 0 4. 1 4. 6 1••• 8 ■• WI 041! Remo 2 3 4 5 7 PORT OF CORPUS CHRIST AUTHORITY CITY R.O.W. CLOSURE etb NAVIGATION BLVD. RIGHT OF WAY 4 CYLIIRIT "F" GRAPHIC SCALE 0 100' 207 300' 400' :" JOE FULTON ORINNATIONAL TRADE OGWILICIR 14 88'48'17 E 60.00' CITY LIMITS A, LIMITS N 0118'42" w 281.73' S 01'18'42" E 281.61' ENTER-2 DISK z I ti :17 " S 88'4118" W POINT OF BEGINNING 60.00" _ P, 8f41'113* E 2400.60' —.—..------. NAVIGATION BOULEVARD 1. BEARINGS ARE BASED ON CPS BEARINGS. RAD 27. TEXAS SOUTH ZONE. PCCA MONUMENT "ENTER-r. PCCA BRASS DISK LOCATED ON THE NORTH ENO OF TIE VEST CULVERT �i VENUEF.-297' NORM OF NAWGATION V. _ . BEING A 0.388 ACRE TRACT, CURRENTLY 2". ItAE Sau1MQI 00 10 BE BE CLOSED. "s‘s-r- • f. A. .4 4:4. • 7 .7s • A 1:4"Z^.• C At' • um. ............ ; .. , •P 1302E RELISON ..... ...... •• f•t4.4:7 W-• j 2 3 1.F.61212: PROPOSED COUNTY R.0.74 CLOSURE PROPOSED CITY R.O.W. CLOSURE PCCA PRO./ #137-034C NYE AB .02a244 orgiamteralteases0 PORT OF CORPUS CHRIST AUTHORITY CITY R.O.W. CLOSURE 12N2 AS SHOWN Ir SIGMOR ROAD r 2008 RIGHT OF WAY --L. EXHIBIT "E" CRAP= SCALE 0 100' 200' 300 400' ME ALT= P/11111111110101. 11IACE COMM .444. e.- v rc0/. :f/ / • N 88'481 r ;;.> • 60.00' / CITY LACS N 011842" W 278.70' FNo. vr 5 88'41'18" W 60.00" - BOULEVARD LS 5 5 Q EN1ER-2 )EWER - 2 OISK 5 0118.42" E 278.58' 1.• PANT Of 9 35'4I8' 909.89' rialES1 1. BEAN CS ARE BASE) ON CPs BEARINGS, MAC 27, 7DuLS SCUM 7.04E. PCCA laCIRUHENT nr21713t-2. PCCA BRASS MU LOCA1ED ON IME NORTH END CF 111E MESt =gip I AVENUE F. 297. NORTH af NAHCATON L. 2. MAP 10 ACCOH 17 OftS BONG A 0.384 ACRE 1RACT. CuRRENTLT THE SOWS/ Hu 70 BE CLOSED. ........ , • ....... ...... .............. • tt.KAI • •0") •;' • ..... . • . • .... • • oa A • tIfi; 111.• . e • • ,(1/4641 7 7/D LEG121(b RE PROPOSED CIIJNIT R.O.w. CLOSURE PROPOSED crry R.0.0/ CLOSURE PIMA PR02. /07-0310 EE X11 022c124-7 IDA1E ON PORT OP CORPUS CHRISTI AUThORiTY • • • 11■1•01%.01%. • 11.011%.0111%.• oF M116670706 32 4 5 6 CITY R.O.W. CLOSURE �w on Antirgage TD(ACO ROAD pea. 2acti RIGHT OF WAY Z 14 eV utraIT "E" GRAPHIC SCALE 0 100' 300' am' D •-• •-• •-• : : ••••: ;•-• : : : : PCCA DISK ENTER-2 N 8848'17" E 34.48' CITY LASTS N 0548.29" E 278.93' S 8841'18' W 80.62' AR RUM IIRERNATOAL TRADE CORD= 64,7/. 5 80-30.27 E 4•117• "1/4-1Vele: MD. 5/e 4. .o 4 MD. 5/8 I.R. 5 05'4829 w 275.95' LR. PONT OF BEGINANG NAVIGATION BOULEVARD s srAns" W 20.70* far:11 T. ARR= ARE BASED ON CPS BEARINGS. NAD 27. TEXAS SOUTH ZONE. PCCA NOTUMENT TENTER-T. PCCA BRASS DID( LOWED ON THE NORTH DC or THE Esc- CULVERT 31 AVENUE F. 7ST NORTH OF RAMC/MON BLAU 2. NAP 10 A0081.0741WRAGI: NOTES REINC A 1.248 ACRE TRACT. CURRENTLY A PORROLRIT LYME ,rCLOSED. •••-. ......... - ; T • 4. • . • - ... : ............. •-t .............. • ••••■••• •.. • •■••:..... 44:7:TE. - . • : DATE PCCA PROJ. 107-0311C RERUN 2 3 5 3 7 3 gy .1 PROPOSED COUNTY R_O.W. CLOSURE PROPOSED CITY R.C.W. CLOSURE Fed Jed P2024-7 ddiddRoPRANOMAIddi POPE? OF CORPUS CHRISM AUTHORITY ■••••%•011%. 1,••■■■■••■•• OF COMM MIMI CITY R.O.W. CLOSURE AVENUE F WAR. 2008 RIGHT OF ':JAY EXHIBIT "E" TO of coNCRE'EJ ONCRETE CURB INLET SANITARY M= NNOLE N 11'05 12" W f7_ POB S 54'32'35" W 203.13' T N.17,184.205.97 E:I.338.000.05 SPA 48 +34.45 35' LEFT 1.10" PRIVATE ROAD Stroman Rd N 54'32'35" E 202.67' GRATE INLET (TYP ) BUILD,NG CURB INLET 7— DROP INLET CONCRETE PARCEL 10 (EASEMENT) 0.0203 AC. (885 SO. FT.) EXISTING R.O.w LINE DRAINAGE STRUCTURE port Ave47 +Do I EXISTING Z7R.0 w LINE • oe 112_L, •_ I L.- Slroman Rd / (Public) L- 4' rp P STUCCO Hua01NG 48 +00 EXISTING R.0 w LINE '1 METAL FRAME BUILDINGS BEARINGS ARE RASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM. NA083 (1993 ADJ.) SOUTH ZONE (4205). ALL DISTANCES ARE SURFACE AND MAY BE ADJUSTED TO GRID BY DIVIDING BY THE CONVERSION FACTOR OF 1.000001. THE DEDICATED RIGHT -OF -WAY WIDTH OF PORT AVENUE AS FOUND IN VARIOUS PUBLIC RECORDS. VARIES FROM SIXTY (60) FEET TO SEVENTY (70) FEET FROM HWY 37 TO U.S. HWY. 181. THE EXISTING PHYSICAL IMPROVEMENTS AS WELL AS FOUND MONUMENTATION SUPPORT THE WIDTH OF SEVENTY (70) FEET FOR THE ENTIRE LENGTH -OF THIS PROJECT. AREA PARCEL 10= 885 SOUARE FEET. 1, Randi E. Evans. hereby certify th was precored from o survey, madqf unde`j'y direction and that it is ! Randi E. Evans, R.P.L.S. 5373 40 0 40 grim F- 1 " =4t1' —27 CO L z U PARCEL 10 (EASEMENT) SURVEY PLAT TO ACCOMPANY METES & HOUNDS DESCRIPTION: SHEET 1 OF 3 MAVERICK ENGINEERING, I\r. TEL 361 696 3500 FAX 361 696 3%50 400 MANN 51.. STE. 200 CORPUS CHRISTI. TEXAS 78401 EXHIBIT "F" ✓7 c:JARD POST c: (Ya) -. L= 319.51' R= 536.00' ,. a= 34'09' 14 Q C LEN= 314.80' BRG =N 71'37'12" E CONCRETE L= 318.91' R= 535.00' 4= 34'09' 13 C LEN = 314.21' BRG =S 71'37'12" W 42.6 ']UILDINC EXISTING ` w UNE \port \.4 fr • • EXISTING ROW LINE PARCEL 10 (EASEMENT) 0.0203 AC. (885 50. FT.) 1 00. 35. MSTAL RAI.4E BUILDINGS ASPHALT BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM. NAD83 (1993 ADJ.) SOUTH ZONE (4205). ALL DISTANCES ARE SURFACE AND MAY BE ADJUSTED TO GRID BY DIVIDING BY THE CONVERSION FACTOR OF 1.000001. THE DEDICATED RIGHT -OF -WAY wIDTH OF PORT AVENUE AS FOUND IN VARIOUS PUBLIC RECORDS, VARIES FROM SIXTY (60) FEET TO SEVENTY (70) FEET FROM HWY 37 TO U.S. HWY. 181. THE EXISTING PHYSICAL IMPROVEMENTS AS WELL AS FOUND MONUMENTATION SUPPORT THE WIDTH OF SEVENTY (70) FEET FOR THE ENTIRE LENGTH OF THIS PROJECT. AREA PARCEL 10= 885 SQUARE FEET. t, Rondi E. Evans, hereby certify thot the foregoing map was prepared from o survey, mode on the ground. under my direction and that it is true and correct. Randi E. Evans, R.P.L.S. 5373 40 0 40 SCALE: 1"=40' PARCEL 10 (EASEMENT) SURVEY PLAT TO ACCOMPANY METES & BOUNDS DESCRIPTION: SHEET 2 OF 3 MAVERICK ENGINEERING. r1/4I TEL 361 696 3500 :AX 361 696 3750 400 MANN ST.. STE. 200 CORPUS CNR1511, TEXAS 7840 -27i EXHIBIT "F" G GRATE INLE"' GRATE INLET WAIER METER DRIVEWAY ASPHALT` D 1VEWAY CHAIN LINK FENCE ` e8. %N....GRATE INLET ee, 41 17 4 e„ 4e4 e 4 1.k.. J& N `00 �rs9 e', x.914 \ 4,f lCA N. (T }4 N. J N ' BUILDING PARCEL 10 (EASEMENT) 0.0203 AC. (885 S0. FT.) -e\ S4 (4p y,'.` ., GuARO POST NL =1.77' R= 82.65' �C04\ � =01'3'37" \o C LEN= 1.77' Qa sr 'N BRG =S 54'11'56: W MAN HOLE BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NA083 (1993 ADJ.) SOUTH ZONE (4205). ALL DISTANCES ARE SURFACE AND MAY BE ADJUSTED TO GRID BY DIVIDING BY THE CONVERSION FACTOR OF 1.000001. THE DEDICATED RIGHT -OF -WAY WIDTH OF PORT AVENUE AS FOUND IN VARIOUS PUBLIC RECORDS. VARIES FROM SIXTY (60) FEET TO SEVENTY (70) FEET FROM HWY 37 TO U.S. HWY. 181. THE EXISTING PHYSICAL IMPROVEMENTS AS WELL AS =OUND MONUMENTATION SUPPORT THE WIDTH OF SEVENTY (70) FEET FOR THE ENTIRE LENGTH OF THIS PROJECT. AREA PARCEL 10= 885 SOUARE FEET. 1, Rondi E. Evans, hereby certify that the foregoing moo &as prepared from o survey. mode on the ground, under my direction and that it is true and correct. Rand' E. Evans, R.P.L. S. 5373 50 0 50 100 SCALE: 1"=50' -27 PARCEL 10 (EASEMENT) SURVEY PLAT TO ACCOMPANY METES & BOUNDS DESCRIPTION: SHEET 3 OF 3 MAVERIC'1< ENGINEERING. I \I'. TEL 361 696 3500 rAx. 361 696 3750 400 MANN ST.. STE. 200 CORPUS CHRIST', TEXAS 78401 EXHIBIT "F" 1 CURB 'NILE GRATE INLET (TYP ) (GRATE INLET (TYP.) i NP107,184.130.56 E.1.338.014.83 1 N 11'05'12" W SPA 46 +02.74' 1,1 ' 35' RIGHT 1 BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM. NAD83 (1993 ADJ.) SOUTH ZONE (4205). ALL. DISTANCES ARE SURFACE AND MAY BE ADJUSTED TO GRID BY DIVIDING BY THE CONVERSION FACTOR OF 1.000001. THE DEDICATED RIGHT -OF -WAY WIDTH OF PORT AVENUE AS FOUND IN VARIOUS PUBLIC RECORDS, VARIES FROM SIXTY (60) FEET TO SEVENTY (70) FEET FROM HWY 37 TO U.S. HWY. 181. THE EXISTING PHYSICAL AS WELL AS FOUND MONUMENTATION SUPPORT THE WIDTH OF SEVENTY (70) FEET FOR THE ENTIRE LENGTH OF THIS PROJECT. AREA PARCEL 11= 872 SQUARE FEET. TCE DESIGNATES PROPOSED EASEMENTS. NO MONUMENTAT!ON WILL BE SET FOR THE CORNERS. 0 = SET 5/8" IRON ROD WITH BLUE PLASTIC CAP STAMPED "MAVERICK ENGR., CORPUS CHRISTI, TX, BOUNDARY MARKER ". UNLESS OTHERWISE NOTED. PA 'CEL 1 I, Rand; E. Evans, hereby certify that the foregoing map was pre ared from a survey, made on - under ® direction and that it is tr OF kt y OST F i 40 * 9( W t R di E. Evans, R. P. L. S. 5373 ` . • °':" t,. 09//9 ....' ` .G t� V 4 40 0 40 SCALE: 1"=40' LOCATION MAP NOT TO SCALE PARCEL 11 SURVEY PLAT TO ACCOMPANY METES & BOUNDS DESCRIPTION: MISCELLANEOUS ACRES NORTH OF CITY IMPROVEMENTS SHEET 1 OF 3 14MAVERIC'R ENGINEERING. ! \c'. TEL: 351 696 3500 =AX 361 696 3750 400 MANN ST.. STE 200 CORPUS CHRISTI. TEXAS 78401 -27 3- EXHIBIT "F" Z4 RIZ SPX F. • ?B *00 EXISTING R 0.w UNE SET COT'0N 5PiNDLE CONCRETE �OJ t Ex S1ING-) \LF Row. LINE L= .8' -. Sort R=2774o5.010' ' °o 6= 34'09'12" C LEN= 273.09' BRG =N 71'37'12" E L= 276.58' R= 464.00' A= 34'09'12" , C LEN=272.51' 71'37'12" W METAL FRAME 3uILOJNGS BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM. NAD83 (1993 ADJ.) SOUTH ZONE (4205). ALL DISTANCES ARE SURFACE AND MAY BE ADJUSTED TO GRID BY DIVIDING BY THE CONVERSION FACTOR OF 1.000001. THE DEDICATED RIGHT -OF -WAY WIDTH OF PORT AVENUE AS FOUND IN VARIOUS PUBLIC RECORDS, VARIES FROM SIXTY (60) FEET TO SEVENTY (70) FEET FROM HWY 37 TO 1J.5. HWY. 181. THE EXISTING PHYSICAL IMPROVEMENTS AS WELL AS FOUND MONUMENTATION SUPPORT THE WIDTH OF SEVENTY (70) FEET FOR THE ENTIRE LENGTH OF THIS PROJECT. AREA PARCEL 11= 872 SOUARE FEET. O = SET 5/8" IRON ROO WITH BLUE PLASTIC CAP STAMPED 'MAVERICK ENGR.. CORPUS CHRISTI. TX. BOUNDARY MARKER ". UNLESS OTHERWISE NOTED. 1. Randi E. Evans, hereby certify that the foregoing mop was prepared from o survey, mode on the ground, under my direction and that if is true and correct. Randi E. Evans, R.P.L. S. 5373 40 0 40 Oral F• 1 " =4a' N N X •\ PARCEL 11 0.0200 AC. (872 50. FT.) - -- ASPHALT ""-***\ —28 I.30• cRS' 35' RR SPIKE 'OUND (4 SET COTTON `Z. Eu».DING SDINDLE DRIVEWAY N \ PARCEL 1 LOCATION MAP NOT TO SCALE PARCEL 11 SURVEY PLAT TO ACCOMPANY METES & BOUNDS DESCRIPTION: MISCELLANEOUS ACRES NORTH OF CITY IMPROVEMENTS SHEET 2 OF 3 MAVERICK ENGINEERING. I' r. TEL 361 596 3500 tt.x 361 596 3750 400 MANN S. STE 200 CORPUS CiRISTI. TExAS 78401 EXHIBIT "F" RP SPIKE \ \ SET COTTON / FOUNO \ `q SP■NCLE \ N.+ \ N. t1�V \ \ `A�Z' °T P ,9 7t'J \ \ \\ �l�i. rAj •\ \ / ASPHALT \ , \ GRATE INLET DRIv'NAY `t� \ 1.00' 4k, \ ORNEWAY CHAIN LINK FENCE I \ \ BUILDING \ \ cJ4FO PARCEL 11 Dos, 0.0200 AC. (E1720. FT.) L. 'i <E: • BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD83 (1993 ADJ.) SOUTH ZONE (4205). ALL DISTANCES ARE SURFACE AND MAY SE ADJUSTED TO GRID BY DIVIDING BY THE CONVERSION FACTOR OF 1.000001. THE DEDICATED RIGHT —OF —WAY WIDTH OF PORT AVENUE AS FOUND IN VARIOUS PUBLIC RECORDS. VARIES FROM SIXTY (60) FEET TO SEVENTY (70) FEET FROM HWY 37 TO U.S. HWY. 181. THE EXISTING PHYSICAL. IMPROVEMENTS AS WELL AS FOUND MONUMENTATION SUPPORT THE WIDTH OF SEVENTY (70) FEET FOR THE ENTIRE LENGTH OF THIS PROJECT. AREA PARCEL 11= 872 SOUARE FEET. 0 = SET 5/8" IRON ROD WITH BLUE PLASTIC CAP STAMPED "MAVERICK ENGR., CORPUS CHRISTI, TX. BOUNDARY MARKER'. UNLESS OTHERWISE NOTED. t, Rondi E Evans. hereby certify that the foregoing map was prepared from o survey, mode on the ground. under my direction and that it is true and correct. Rondi E. Evans, R.P.L.S. 5373 50 0 50 100 SCALE: 1"= 50' 0G 190 OSr rr�� ,\ \ fr }� S 46'18'12' E 1.41' \, \ %. \ \ PA"CEL 11 ` \ \ -,„,\ \ LOCATION MAP NOT TO SCALE PARCEL 11 SURVEY PLAT TO ACCOMPANY METES & BOUNDS DESCRIPTION: MISCELLANEOUS ACRES NORTH OF CITY IMPROVEMENTS SHEET 3 OF 3 TEL 361 696 3500 FAx 3 T 696 3700 \j1AVERICk S STE ZDO 400 MANN ST , 1 ENGINEERING. I\I'. CORPUS CHRISTI. TEXAS 78401 -281- EXHIBIT "F" DEPARTMENT OF ENGINEERING SERVICES PROPERTY AND LAND ACQUISITION DIVISION New Broadway WWTP - Project #1293 - Parcel Sanitary Sewer Easement THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT the Port of Corpus Christi Authority of Nueces County, Texas, (GRANTOR) in consideration of TEN DOLLARS (510.00) and other good and valuable consideration, paid to Grantor by the City of Corpus Christi (GRANTEE), a Texas Home Rule municipal corporation, of P. 0. Box 9277, Corpus Christi, Nueces County, Texas, 78469 -9277 the receipt of which is hereby acknowledged, has conveyed, and does convey to the City of Corpus Christi, its successors and legal representatives the free and uninterrupted use, liberty, privilege, and easement of going in, on, over, under and along a certain tract of land situated in Nueces County, Texas and being described as follows: The tract of land is described by metes and bounds on the attached and incorporated as Exhibit "A" and shown on the attached map and incorporated as Exhibit `B ". (Premises). Together with the free ingress, egress and regress to and for the City of Corpus Christi, Texas, for the purpose of constructing, servicing, repairing, maintaining, inspecting, Laying and keeping Sanitary Sewer lines under, on and along the Premises. TO HAVE AND TO HOLD, ALL AND SINGULAR, the rights and privileges aforesaid to the City of Corpus Christi, Texas, its successors and legal representatives, for use as a Sanitary Sewer Easement for so long as used for such purpose, and if the use of said easement is ever abandoned. then the aforesaid rights and privileges shall cease. Executed in duplicate, either copy of which constitutes an original. Grantor PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS John P. LaRue Executive Director H HOMENOmUR∎PROJEC71a7293 Broadway WWTP■Sanitaty EuemenLdoc Pagel of —282— EXHIBIT "G" THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 2008 by John P. LaRue, Executive Director of Port of Corpus Christi Authority of Nueces County, Texas on behalf of the Port. Notary Public in and for the State of Texas [Seal] ACCEPTED for the City of Corpus Christi, a municipal corporation and body politic under the laws of the State of Texas, on , 2008. Grantee CITY OF CORPUS CHRISTI, TEXAS P. O. Box 9277 City Hall, 1201 Leopard, THIRD FLOOR Department of Engineering Services PROPERTY AND LAND ACQUISITION DIVISION Corpus Christi, Texas 78469 -9277 Kevin Stowers, Interim Director Department of Engineering Services THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on ,2008 by Kevin Stowers as Interim Director of Engineering Services of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public in and for the State of Texas [Seal] HAHOMEWor RWROJECiW7293 Boa dway WWTPASamtary Easement.doc -283- Page 2 of 3 EXHIBIT "G" APPROVED AS TO LEGAL FORM, THIS DAY OF , 2008. FOR THE CITY ATTORNEY By: Veronica Ocafias, Assistant City Attorney CITY LEGAL DEPARTMENT EXHI BIT "G" mury ementdoc H:1HOM o�R1PR0lECTwn93 Hpi,dway W�IV 7 Pis -284- LNV ENGINEERING ENGINEERS & CONSULTANTS 801 Navigation, Suits 300 Corpus Christi, Texas 78408 Phone: (361) 883-1984 Fax (381) 883.1988 30 Foot Sanitary Sewer Easement Field note description for a 30 foot wide Sanitary Sewer Easement out of Blocks 64, 65, 66 and 67, Beach Portion, a subdivision of the City of Corpus Christi, Texas recorded in Volume "A ", Page 2, Nueces County, Texas Map Records and out of that particular tract of land called Tract 9, recorded in Document No. 834521, Official Public Records, Nueces County, Texas, said 30 foot wide Sanitary Sewer Easement, being more particularly described by metes and bounds as follows: Beginning at a 5/8 inch iron rod set for corner in the east right -of -way line of 60 foot wide Sam Rankin Street for the southwest and beginning corner of the tract herein described, from whence the intersection of the east right -of -way line of said Sam Rankin Street and the north right -of -way line of 60 foot wide Resaca Street, bears South 11 °- 09' -23" East, a distance of 12.0 feet; Thence North 11 °- 09' -23" West, with the east right -of -way line of said Sam Rankin Street, a distance of 30.00 feet for the northwest corner of the tract herein described; Thence North 78 °- 50' -37" East, with a Iine that is 42 feet northwest of and parallel to the northwest right of -way line of Resaca Street, at 330 feet passed the centerline of Black Street, closed by City of Corpus Christi Ordinance No. 4176, at 690 feet passed the centerline of Zorra Street, closed by said City Ordinance No. 4176, at 1,050.0 feet passed the centerline of Oso Street, also closed by said City Ordinance No. 4176, in all, a distance of 1,235.00 feet for the Northeast corner of the tract herein described; Thence South 11 °- 09' -23" East, a distance of 30.00 feet for the southeast corner of the tract herein described from whence the intersection of the original north right -of -way line of 60 foot wide Resaca Street and the original west right - of-way line of Tancahua Street, bears North 78 °- 50' -37" East, a distance of 145.0 feet and South 11 °- 09' -23" East, a distance of 12.00 feet; Thence South 78 °- 50' -37" West, with the north line of said 12.0 feet Drainage Easement, a distance of 1,235.0 feet to the Point of Beginning. Containing 0.851 acre (37,050.0 square feet) of land. State of Texas County of Nueces I, Boracio Oliveira, a Registered Professional Land Surveyor, of LNV ENGINEERING, Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from information of record and from a survey made on the ground under my direction, and that this description conforms to the current Texas Surveyor's Association Standards and Specifications for a Category 1 -A, Land Title Survey. This the 7 day of 2008. 41-At.ee4 pao-a‹./4_ Boracio Oliveira State of Texas License No. 1415 -285- EXHIBIT "G" n , ' OUT OF . KOCK E $7 remold IN THE 1 CORPUS STI, TEXAS RECORDED IN VOLUME A. PACE 2, NUECES COUNTY, TEXAS MAP RECORDS REFERENCES: CITY OF CORPUS CHRISTI ORDINANCE NO. 4176, ADDRESSING SIREET CLOSURES 60 L_ _ o N SAM RANKIN ST 0) BLACK ST c�o Br A .0 ORD Ns[D O 41c76 m Z° al co "�C+'n Atto0 > 0-. noN ZORRA ST0 C z A P n CLOSCD 9r 4Y N r1C P 2 a� c 8� 050 ST N 05CD BY MY RD NO 4176 0) S- 17'- 09. -23` -E 30.0' pl —1 o lr R TANCAHUA ST 0 is VOYS3H PI I II I I am fii I I m m; Po I- ca 2 I- 1 1 —286— EXHIBIT "G" iJ L` S77 EWA MIS MN unitasi %MI; TAM SEMIUMS1111116111Thinti , L22 iC 10924-f 0 „..4e jge, rpm �m'�Ai 1m'M ;® 111111641111 MISIbAleribill111111 111MIHNINIC 1110121111111111 Mall= # \\ \ }\\. ?\ \.? \\46462. \\�.,. �\.. \�. \. • \4646. \\4646. \\ \. \\. \.. \:. \.. 0- • Ia CUM 1= 4 t= \ MN= NOME \ Nte: J su s 404. 1w �PQ 4I k i+ St 3 5' North %2 of Resaca Street Containing 41,400 s.f. D1SPbsAL EXEMPT 540 -39 -30 r; t •i • /1 • ;.�1 :. Ass, ac , I I • • • r 11 f.; 546-6E 114 Warm Seurefersa •K USG a . •• nano wima/osw p 11I. 4646 t 1• 6 • I I. 1 1 t to � J' IV I r. yer s1 POWER • St a U -f3 —287— NU,ECE COUNTY EXHIBIT "H" Page 1 of 4 ORDINANCE ABANDONING AND VACATING A 82,830- SQUARE FOOT PORTION OF THE RESACA STREET PUBLIC RIGHT -OF -WAY, LOCATED BETWEEN THE N. TANCAHUA STREET AND SAM RANKIN STREET PUBLIC RIGHTS -OF -WAY; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY WHEREAS, the City of Corpus Christi, Port of Corpus Christi and Darla -I, Ltd., through it's President and Registered Agent, William R. Durill, Jr., all of which are adjacent property owners to a 82,830- square foot portion of the Resaca Street public right -of- way, are requesting the abandonment and vacation of the 82,830- square foot portion of the Resaca Street public right -of -way, which is located between N. Tancahua Street and Sam Rankin Street public right -of -way; and WHEREAS, the request to abandon and vacate the 82,830- square foot portion of the Resaca Street public right -of -way, fulfills a condition of a Right -of -Way Agreement between the City and the Port of Corpus Christi, executed December 18, 2008, as authorized by the City Council on December 16, 2008, Resolution No. 027997 (See attached Exhibit "A" for pertinent part of Right -of -Way Agreement), in which Agreement the exchange of real estate rights needed by each party is permitted through the process of vacating and abandoning, granting, selling, or other means, to convey these rights to each other; and WHEREAS, Darla -I, Ltd., through it's President and Registered Agent, William R. Durill, Jr., seeks to retain its portion of the Resaca Street public right -of -way, and will pay the fair market value fees assessed for its portion of the public right -of -way; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, December 8, 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 said portion of the public right -of -way, subject to the provisions below. (See attached Exhibits "B" and "C" for Maps of Right -of -Way) H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda \12 -8 \Ord- abandon - vacate- Resaca Street.doc —288— Page 2 of 4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That a 82,830 - square foot portion of the Resaca Street public right -of- way, located between N. Tancahua Street and San Rankin Street public rights -of -way, as recorded in Volume A, Page 2 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to compliance with the conditions specified in Section 2 below. SECTION 2. The abandonment and vacation of the above utility easement is conditioned upon compliance with the following: 1) Staff recommends that Darla -I, Ltd. pay the fair market value fee of $2,500 for its 4,500- square foot portion (30x150) of the abandonment and vacation of the Resaca Street public right -of -way. [The City of Corpus Christi and the Port of Corpus Christi Authority will be exchanging real estate property that will offset part of the fair market value fee being assessed to the proposed public street right -of -way (Resaca Street) which is proposed for closure.] 2) City Water Department has an existing water main and fire hydrants within the right -of -way and is requiring that the entire public right -of -way be retained as a utility easement. 3) City Wastewater Department has an existing 48 -inch and 8 -inch sewer line within the right -of -way and is requiring that the entire public right -of -way be retained as a utility easement. 4) City Gas Department has an existing 2 -inch wrapped steel gas main within the right -of -way and is requiring that the entire right -of -way be retained as a utility easement. 5) AEP has an overhead electrical distribution line and is requiring a minimum 15 -foot wide utility easement parallel and adjacent to the north side of the Resaca Street public right -of -way. 6) TimeWarner Cable has an aerial overhead line attached to the existing AEP poles and is requiring a minimum 15 foot wide utility easement parallel and adjacent to the north side of the Resaca Street public right -of -way. 7) Within 180 days of approval by Council and issuance of the ordinance, all grants of street closures and dedications must be recorded at owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the recordation of the street closure, an up- to -date survey, abstracted for all public rights -of -way, easements, and items of record, must be submitted to the Development Service Engineer. H:\ LEG- DIR \Shared\LEGAL- DEV.SVCS\2009 Agenda \12 -8 \Ord- abandon - vacate - Resaca Street.doc —289— Page 3 of 4 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 8th day of December, 2009. ATTEST: CITY OF CORPUS CHRISTI: Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi APPROVED: November 30, 2009. Deborah Walther Brown Assistant City Attorney For City Attorney H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda\12 -8 \Ord - abandon - vacate - Resaca Street.doc —290— Page 4 of 4 Corpus Christi, Texas Day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott H: \LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda \12 -8 \Ord- abandon - vacate- Resaca Street.doc —291— Right -of -Way Agreement THE STATE OF TEXAS § BY THIS AGREEMENT COUNTY OF NUECES § The City of Corpus Christi, ( "City, "), whose address is 1201 Leopard, Corpus Christi, Nueces County, Texas, 78401, and the Port of Corpus Christi Authority, ( "Port"), whose address is 222 Power Street, Corpus Christi, Nueces County, Texas 78401, mutually agree to enter into a Right-of- Way Agreement, ( "Agreement "); for the purpose of exchanging real estate rights needed by each party through the process of vacating and abandoning, granting, selling or other means, to convey these rights to each other. THEFEFORE, THE CITY AND THE PORT AGREE AS FOLLOWS: 1. The City shall vacate and abandon certain road right of ways to the Port as follows: 1. 408,026.52 square feet of Navigation Boulevard as shown on the attached Exhibit A. 2. 16,901.28 square feet of Sigmor Street as shown on the attached Exhibit B. 3. 16,727.04 square feet of Texaco Street as shown on the attached Exhibit C. 4. 54,362.88 square feet of Avenue F as shown on the attached Exhibit D. The City makes no warranty as to the title of the rights -of -way and shall convey these rights by a Quit Claim Deed to the Port using a document similar to the attached Exhibit E. The City may retain a Utility Easement upon the entire area of each parcel of land that is vacated and abandoned. 2. The Port shall convey real estate rights and pay cash compensation to the City as follows: 1. Fee simple rights to 1,757 square feet of N. Port Avenue, as shown on the attached Exhibit F. The Port shall execute a Real Estate Sales Contract and a Warranty Deed to the City, acceptable to the City. 2. A Sanitary Sewer Easement, out of Blocks 64, 65, 66, and 67, Beach Portion, containing 37,050 square feet, similar to the attached Exhibit G. 3. Fee simple right to 41,400 square feet, being the north one half of Resaca Street as shown on the attached Exhibit H. The City shall initiate the vacating and abandonment of the entire sixty feet (60') of Resaca Street. Upon vacating, the north one -half of the street riiust be conveyed to the Port and the south one half to the City. Once the entire right -of -way is vacated and abandoned by the City Council, after a public hearing, the Port shall subsequently convey fee simple title to the City, via Quit Claim Deed, to the north one half of Resaca Street. 4. In addition, the Port shall present cash payment to the City in the amount of $55,300. 2008 -470 12/16/08 Res, 027997 Port of Corpus Christi Authority ntsWavigationBlvd.ROW -V &A Agreement.doc —292— 3. Subject to the performance by both parties of their respective obligations and the satisfaction of all conditions set forth in this Agreement, all transactions contained in this Agreement must be closed within 180 days after execution of the Agreement. 4. It is understood and agreed that either the City or the Port may perform or cause to be performed an environmental audit, including "all appropriate inquiry" as term is used in the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Sec. 9601(35) (B), and that the time required for the audit may cause a delay in closing and the results of the audit may cause a cancellation of this Agreement. In this connection, City and Port grants access to their property for due diligence and inspection purposes. Each party warrants to the other party that they have disclosed, before the closing of this Agreement, all relevant information known to exist by each party. 5. The City and the Port each accepts title to their Property subject to all recorded restrictive covenants, use restrictions, and all applicable City zoning regulatory ordinances, if any. 6 This Agreement survives the vacating and abandonment process and the delivery of deeds, easements, and other necessary documents, and all terms and conditions remain in effect between the City and the Port. 7. The City and the Port are exchanging surface rights only. No mineral rights are included in this exchange, with each property subject to existing mineral exploration and extraction rights assigned to other parties. 8. Time is of the essence in connection with this agreement. date of D of bt'r , 2008. Executed in duplicate this Port of Corpus By: Name: Title: Date: 6).,touzii dtd 01:az -rut fEC 0 9 7008 , 2008 City of Co us Christi / By: / ,I2 £La,) Nam Title: 4vic ei 'R. Escobar Date: t tes k ba. , 2008 Approved as to legal form: Mary Kay Fischer City Attorney By: Assist an City Attorney CADOCUML:- 1 WDMINI —l\ LOCALS-- ffergAXPgrpwiseWaviptionBlvd .ROW -VRA Ageemeatdoe ATTEST. Page 2 of 2 -293- CftY SECRETAR" . ,. ) NAVIGATION ST. • • DiSTR[ &T Irnimiiiim firm PI I 11 I 11111111111 - "-- - . , - --r - EVA . . on rin . I I Ill I IC 7,,W44 I I I I I I Pa , Al il MI III I I I I I PRAIII an., I i ' t . I I I Eniamil mem azzoff. 5. ' �! - 20 111111.1116. 11111111161117 11111111111111 21111§MiS f - 'm5 ® ®�� r alliVmgra� 11 ® 11111116411111 01111111111E v 11 t • � w It A. 4 . c. / L2 k ro9?:17J .546 -61 Alf • North ',4 of Resaca Street Containing 41,400 s.f. 15006 AL EXEMPT • 540 - 39•=30 • • 1., • —294— • -WIUE'CE COUNTY -295- 0 Z - MAP TO ACCOMPANY FIELD NOTES. N L 3 n u O b c .t m o t O U HIBIT.... \ TOPO.OWi :C: \PROJECTS \R 5 OWNER: CITY OF CORPUS CHRISTI 1334S Vt1HVONVl HThON vx x of2a,3 00.0 0 0 Lilo CD < 1. Id I 1332JJS NINNNV21 WdS CC Z cc w -� C..S ,>, ..-1-7- a. !. 0.7 • En 2 O°'1` •� `�i- 'j•rn•CC F- 0 . (n -4 iV (n ' ,Z o w .� „.t9 Li �'f/J Q < ¢' Lw o S••.cc , • � � w Fin V) zzz O < ° W W m W m +I cc lal 1- 4 V i z 1.- �Jv N Q N c a Uz : a J z O cx aa In ��3o do w0 Enw o02 -_1- w Z ° 1- IX 0 3 p w W O _J N 0 i z ° w p c J ¢ tntal CC W v�xaa W Q V. c w ° ���if1 x N U _0 If s O ES w 0 0 O 0 0 O ro 0 0 O in 0 0 O n rc 6 n n0) n z w N O V: w z J 0 J M N O z W V a 0 N 0 0 0 0 Fl 0 0 1)) co W 0 10 n z M1`N 0 N 1) 0 Ea N 0 1) N 0 z z J 0 J J J J -29I w Z 1- N O 0 1) 0 4, 0 10 M 0 0n 3 y(.4 i7 nu' Z M) X004)0 au)o,n LAJ mN-CO. Z N V) Z JJ r.11. J ACCOMPANY FIELD NOTES. 0 I a 2 O O O O O SHEET 2 OF 2 Scole In Feet Cs� CDD U 1) 3 0 0 0 3 O m R m W I y 0 FIIe:C: PROJECTS \R O 0 02 20 ge ZV C2 L. 4,2$1 0�22 oeeF ,:x cc ex Fc2 k2 e W =OW In t -- z CL (.51k 7 tip¢ k pi226•• aW•< 2p=~ vm2 Vm U�� 0 ~ -.2 la. W ��2 rl L. It 0 y1� Vy Z La i C) cc p W W O `"-'--E mvW m <z 41 (°,, 2 CO 0. 4°, 40, 4 S os2 0. - 0LEk Q 00'' ooQ 0wZ ryj sct� sI Q gCDZ W 0Qh 0. k 0WW 0(00 Q��W V�m h � oln � 02i- }- v (x e 2e e26 e e 0� e2p m20 vo QZL W QZWZ Qhk FUlvi tiCOititi 1-... -h 25 CITY COUNCIL AGENDA MEMORANDUM December 8, 2009 AGENDA ITEM: Public hearing to consider and first reading Ordinance approving the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800. ISSUE: City Charter requires the City Council to review the recommendations of the Planning Commission and act on the Capital Budget. BACKGROUND: A Presentation, Public Hearing and Recommendation to approve the FY 2010 Capital Budget and Capital Improvement Planning Guide was made by the Planning Commission on November 11, 2009. Presentation of the FY 2010 Capital Budget and Capital Improvement Planning Guide was made to Council on November 17, 2009. Public input may also be received at the public hearing to consider and first reading ordinance on December 8th and the public hearing to consider and second reading ordinance on December 15th. REQUIRED COUNCIL ACTION: Public hearing to consider and first reading Ordinance approving the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800. FUTURE COUNCIL ACTION: Public hearing to consider and second reading Ordinance approving the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800. Eddie, Houlihan Assistant Director of Management and Budget 880.3792 eddiehocctexas.com —299— E ct p J h(1) nn� .4FJ6) E (,) 4) r-d 01.) ic_i 0 cn KCL) p U E 0 (C/j • U 4..) •r-I Capital Budget Approach u) co O a) -a c co Cl) a) . > C) L F; . ∎ 0 c m O 0 c O >,% L o ▪ L 0 O u) a) a) -a a) c IP c O C) O u) u) a) c L co co -a a) c a) _c c) •_ a) u) a) II' >,% • _ IP= c O t co o. E • _ c a) caT cn cn _a 0.) = c cn ..7. -a L as (% c) c c w F; cm c m cu -a c:). c u) as L c c co E >' a) L a) N 4- O O c,_ _c N co L 2 c o. c o. N.: CD CD ‘p O v I' co °- O L a_ L O . E a) O _c co a) c . - a) o. Y. -a O O F-) co 2 0 >, co O O N c 0 CO c 0 L O c ,, O co . .7. V to" O N 0 L V O .4) ■ F O L 2a r L 7 gi- O O N C 0 CO 0 C O . +71 a) o. E O 0 O N v 0 O O u- a_ Capital Budget Highlights L .., — = C) O CU 0 CD ♦■■r C • — CU 2 r) ai 0 r H u) D ,C o. a N tm O .0 2) L C a 0 — co •i 0 co CU co Fs .E 0) :w 0 0- " A' so) _ L n/ •— co O O = O LL • a) 461 "P. 5 co .0 i .. O C) • i O cn E — L a 2u) co m ii. Z E 0 (• 17; = `� L J L O = 0 IP C M >, v a co (' ca M O a) _ >> t) _ C E _ L S o. . _ O > o • — 0 }' _ 0 • S 0 1.7, E ti; fts i a) 0 co 6 0. 0 co -• c c m a E 2 >- Tzsc zi" iv co x— gi■ CO 0 O co = L = a � _ N = N � vzs t) N O t) _ _ X O 0 O co L L . — ai LL ai = E -0 L co O E N . 0_ .E E m E +.1 }' O 6.) 6 Q 2 . L — ♦ O O ♦ 0 = ♦ = - I 1 1 CO It 1 .- 1 .- CU Commercial Bond Issue 2008 Bond Issue 2004 Proceeds, $7,546.1 - 4% FAA Grant, $8,667.7 - 4% 0) c C ai CU D C C 0) it w C a>i CD > yLci O �, M > t; .4. a) • c.- L L N c.) • N EA >+ L L r L • X = c3 CO H o N • E N a) vi c a� O "cis ca to C N O a)O > CO CD d1 ce co- L co a) Q a Certificates of Obligation, $6,579.0 - 3% Co M i 0 °o 00 0 w s co w cNi Q LL N \° • CNI CTS I • O4- a) C to N CO. r 69 Public Facilities $4,136.4 - 2% $14,768.2 - 7% qzr Q � O a 69 CO 4-7 1 O a) Q (.6 D- 75. Gas, $2,631.7 - 1% 1 1 v1 O = in o — N • O O O O O - - 51� O Comm. Paper/Rev. Bonds 0 Cert. of Obl. 0 G.O. Bonds 2004 E G.O. Bonds 2008 0 Grants • Other 0 Tax Notes oo a)0 • o _ .� N .0 -0 rr 0) .0 d a w E d o ~ o CZ • N c cn o c L w N u 'a 0 C d o _m L • c c • d d • Z 0) 3 � L % • cc) i cc) i ++ • i E. `L° 0 :E o L u Q C i + w co A o E E y -a N 0 >o o Jo N 0- N CZ V 4 o do o w o0 Z i Cl The expenditure decline reflects w 2 fto °4-• cx .2 0 (4 C Q ,O a Tiff V E E II v w ra Et __.c LL revise time o E co . _ V 6 0 0 a L- 0_ .2 = ti, 6:1) a) CO CD M VI 0 CO moor L co -c To t _ co a) vs E — o a) • _ co .2 ,o o_ 0 -a co a) a) t). a) s _ -0 c0 o o. 2 2 a) u) co t). vs 0 - i E> co N CL p= 0 `- >, L a 0 c - 11, c co a) m a s ai • • i = • ._ L 5 0 E 0 13 L a% _ _ co o. 0- 5 a) a LiiH •— L a) 0mCD = C CD 0 CD CD ♦' m o .— 0 m m 0. 0=(00 -0 0- E 1:2) 1:2) E ce o V Q L Si. ._ ✓ o. co 0 a) E 0 ■ AT c.) 0 o. a) c.) co SI Fs E S.i) co E w Remaining Events /Actions a) i 13 CO ^ N 1 W C CU V > L 2a 0_ - •_ �a .._, o c c 0 0 O • .N -0 V = m v N L — 0. En ca 'v ca c Ce U caCe Tuesday, December 15, 2009 0) ORDINANCE APPROVING THE FY 2010 CAPITAL BUDGET AND CAPITAL IMPROVEMENT PLANNING GUIDE IN THE AMOUNT OF $202,877,800. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800 is hereby approved. A copy of the FY 2010 Capital Budget and Capital Improvement Planning Guide is on file in the Office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2009, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2009, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of , 2009. ATTEST: Armando Chapa City Secretary APPROVED as to form: November 30, 2009 By: 1Lv4 ;41,--A *-j Lisa Aguil' r Interim City Attorney Joe Adame Mayor 26 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: December 8, 2009 AGENDA ITEM: Resolution approving a business incentive agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College for development of the Northwest Learning Center, which grants $979,000 for the costs of rehabilitating the existing improvements and constructing the Northwest Learning Center at 13725 Northwest Boulevard, including the purchase of fixtures, furnishings, equipment, and instructional equipment; and authorizing the City Manager, or designee, to execute a project support agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the Del Mar College Northwest Learning Center business incentive agreement. ISSUE: Development of the Northwest Learning Center in association with Del Mar College to address increasing demand for graduates in the Alternative Energy, Health Science Occupations and Public Safety. PREVIOUS COUNCIL ACTION: None. CONCLUSION AND RECOMMENDATION: Recommend the approval of the Motion to execute a business incentive agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College for the development of the Northwest Learning Center. x Irma Caballero Director of Economic Development irmaca Occtexas.com (361)826 -3850 Attachments BACKGROUND INFORMATION On November 2, 2009, Del Mar College (College) sent a letter to the Corpus Christi Business and Job Development Corporation (Type A) requesting $979,000 from Type A funds to assist in establishing a Northwest Learning Center (NLC) in Calalien. On November 16, 2009 the Type A Corporation approved the $979,000 to establish the NLC. Del Mar College has reported record enrollment (12,000) and is currently facing increasing demand to produce more graduates in the Health Science occupations and to initiate programs in the Alternative Energy field. In an effort to meet these demands, Del Mar believes they must increase access to accommodate the needs of students in the service area. The proposed NLC will offer general academic courses and will focus on offering programs which will enhance their ability to produce graduates in Health Science occupations. The center will also serve as a hub for the new Renewable Energy Program in which the College will be partnering with Texas State Technical College and Austin Community College. The College will allocate $5,000,000 over a ten year period to establish and support the NLC. The College is requesting $979,000 from the Type A Board to be used in retrofitting and outfitting the site with instructional equipment and furnishings. The NLC will be located at 13725 Northwest Blvd., northwest of the intersection of Highway 77 and FM 624. The 13,750 s.f. stand alone building (formally the Calalien Orthopedic and Sports Medical Center) is on the campus of the Northwest Hospital. The existing facility will be renovated resulting in four classrooms, a Healthcare Lab, Computer Lab, Alternative Energy Lab /Classroom and administrative /student support facilities. The NLC will offer a variety of core courses required for Associate Degrees or to transfer to four year universities to pursue an undergraduate degree. Workforce Solutions of the Coastal Bend projects the following demand for credentialed workers in the following occupations over the next five years: Health Science Occupations Nurses 450 Medical LabTechnician 100 Radiologic Technician 100 Nursing Assistants 700 Paramedics /EMT 100 Diagnostic Medical Sonographer 50 Surgical Technologist 10 Annual 5 year Openings Projection 2,250 500 500 3,500 500 250 50 Average Annual Wage $55,182 $36,441 $46,155 $20,592 $27,914 $61,173 $36,837 Corpus Christi currently has nine hospitals and three Out - patient Surgery Centers who have increasing demand for credentialed Health Science employees. The three major hospital systems serve approximately 67,827 patients annually from 31 counties in South Texas; approximately 50% of the patient load is outside of Nueces County. Current 5 year Average Annual Alternative Energy Occupations Openings Projections Wage Alternative Energy Technician 10 200 $50,000 — 60,000 The Northwest Learning Center improves access for individuals in the Annaville and Calallen area. On Average Calallen and Tuloso- Midway ISDs graduate 556 seniors each year. In addition to increasing access for these seniors, the strategic location of the Northwest Learning Center will draw students from Banquete, Bishop, Mathis, Odem, Grove, Robstown, Sinton and Taft which graduates an average of 931 seniors each year. Timeline November 2009 December 2009 December 2009 January 2010 June 2010 Submit proposal for funding consideration to the Type A and City Council. Execute Business Incentive Agreement Bid Renovation Project Initiate Renovation Project Open Northwest Learning Center Performance Requirements and Grants • Del Mar shall develop the Northwest Learning Center, which will house its Renewable Energy Program and provide general academic courses for its health Sciences and Public Safety Programs. • Del Mar will invest $5,000,000 over ten years in the renovation of the Northwest Learning Center. Del Mar shall annually report their actual investments within the City of Corpus Christi, and provide documentation to support the report to the Corporation. • On the annual anniversary of the effective date of this agreement, Del Mar shall report to the Corporation the number of students placed with renewable energy firms and health service and public safety providers located within the City of Corpus Christi that have been assisted by the Northwest Learning Center and the average starting annual salaries paid by each employer within Corpus Christi during the previous year. • The Corporation will reimburse Del Mar for the costs of rehabilitating the existing improvements and constructing the Northwest Learning Center at 13725 Northwest Boulevard, including the purchase of fixtures, furnishings, and instructional equipment. The amount reimbursed by the Corporation may not exceed $979,000. Benefits • Increase to the City and College the number of certified graduates (1,040) entering the workforce in health science and alternative energy occupations over a 10 year period, which will address demand occupations projected by the Workforce Solution Board of the Coastal Bend. • Initiate Alternative Energy Technician Program to train the local workforce in response to occupations for a dynamic new occupation in our community. • Enhance accessibility to educational services and programs for potential students in the Annaville and Ca!alien communities, and secondarily serving a host of residents in surrounding areas which will earn skills to meet the job demands of the area employers. • Enhance area business and tax base through the financial spending of the increased number of faculty, staff and students associated with the Center. • Impact the local economy by $51,700,686 generated by additional graduates in the workplace over a ten year period. • Bring in an additional $1,585,484 in state dollars over ten years to the City and College through additional contact hours earned (454,710) by the college as a result of increased student enrollment. Page 1 of 3 A RESOLUTION APPROVING A BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND DEL MAR COLLEGE FOR DEVELOPMENT OF THE NORTHWEST LEARNING CENTER, WHICH GRANTS $979,000 FOR THE COSTS OF REHABILITATING THE EXISTING IMPROVEMENTS AND CONSTRUCTING THE NORTHWEST LEARNING CENTER AT 13725 NORTHWEST BOULEVARD, INCLUDING THE PURCHASE OF FIXTURES, FURNISHINGS, EQUIPMENT, AND INSTRUCTIONAL EQUIPMENT; AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A PROJECT SUPPORT AGREEMENT WITH THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION REGARDING IMPLEMENTATION AND ADMINISTRATION OF THE DEL MAR COLLEGE NORTHWEST LEARNING CENTER BUSINESS INCENTIVE AGREEMENT. WHEREAS, the Corpus Christi Business and Job Development Corporation ( "Type A Board ") has budgeted funds to assist business in Corpus Christi, Texas. WHEREAS, the ballot measure that authorized the sales tax for the promotion and expansion of business enterprises authorized the use of the funds to make grants to organizations to provide training and education to insure the knowledge and skills required for the jobs of the future are in place; WHEREAS, City Council deems that it is the best interest of the City and citizens to approve the business incentive project support agreement; and WHEREAS, there is a need for a business incentive project support agreement between the City of Corpus Christi ( "City ") and the Type A Board for the implementation and administration of the business incentive agreement with Del Mar College ( "Del Mar ") for development of the Northwest Learning Center, which grants $979,000 for the costs of rehabilitating the existing improvements and constructing the Northwest Center at 13725 Northwest Boulevard, including the purchase of fixtures, furnishings, equipment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the business incentive agreement for development of the Northwest Learning Center between the Type A Board and Del Mar, which is attached to this resolution as Exhibit A, is approved. SECTION 2. That the City Manager, or designee, is authorized to execute a project support agreement between the City and Type A Board for the implementation and administration of the business incentive agreement with Del Mar for development of the Northwest Learning Center, which is attached to this resolution as Exhibit B. Resolution — BUSINESS INCENTIVE AGREEMENT -- Dg.1gar gw Campus 12022009 ATTEST: Page 2 of 3 THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: 2nd day of December, 2009. R. Jay'R fining First Assistant City Attorney For City Attorney Resolution -- BUSINESS INCENTIVE AGREEMENT — Del NIT Campus 12022009 Page 3 of 3 Corpus Christi, Texas of , 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Resolution -- BUSINESS INCENTIVE AGREEMENT — Del MarjV,1N Campus 12022009 BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND DEL MAR COLLEGE FOR DEVELOPMENT OF THE NORTHWEST LEARNING CENTER This Business Incentive Agreement for ( "Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ( "Corporation ") and Del Mar College ( "Del Mar "), a political subdivision of the State of Texas. WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ( "City ") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one - eighth of one percent to be imposed for 15 years; WHEREAS, the 118th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the ballot language that authorized the 1 /8th cent sales tax could be used for Education /Skills Development project and to assist in the creation of meaningful, wealth producing jobs (jobs that bring in dollars from outside the community) in Corpus Christi; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ( "Board "), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, Section 501.073, Texas Local Government Code, formerly Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes, requires the City Council to approve all programs and expenditures of the corporation; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007; WHEREAS, the ballot measure that authorized the sales tax for the promotion and expansion of business enterprises authorized the use of the funds to make grants to Page 1 of 9 Business Incentive Agreement withCity of CC - November 2009 -31 6_Exhibit A organizations to provide training and education to insure the knowledge and skills required for the jobs of the future are in place; WHEREAS, the ballot measure that authorized the sales tax for the promotion and expansion of business enterprises also authorized the use of the funds to assist small and start-up companies that have the ability to produce jobs for the future; WHEREAS, Del Mar intends to establish the Northwest Learning Center, which will serve as the hub of Del Mar's Alternative Energy Program and to offer technical and general academic courses that focus on programs to enhance its ability to produce graduates in Health Science and Public Safety occupations, and other technical and business professions. WHEREAS, the Northwest Learning Center will further Del Mar's mission of education and economic development; WHEREAS, Del Mar's Alternative Energy Technician Program will train our local work force for opportunities in the manufacture, installation, and servicing of Alternative Energy Systems, including wind and photovoltaic energy systems, dynamic new occupations for our City; WHEREAS, the expansion of Del Mar's Health Science and Public Safety programs will help meet the needs of the City's hospitals, specialized medical clinics and public safety agencies for additional qualified staff; WHEREAS, the City's hospitals and specialized medical clinics serve as the region's medical center; WHEREAS, approximately 50% the patients receiving treatment and service in the City's hospital and specialized medical clinics come from outside Nueces County; WHEREAS, the local health service industry produces meaningful, wealth producing jobs that bring in dollars from outside Corpus Christi into the City; and WHEREAS, Del Mar proposes to invest approximately $5,000,000 over a 10 year period to establish and support the Northwest Learning Center, and the Corpus Christi Medical Center an in -kind contribution of $1,353,000 by providing the use of two of its buildings to Del Mar for a 10 year period for the operation of the Center; In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and Del Mar agree as follows: 1. Effective Date. The effective date of this Agreement ( "Effective Date ") is the latest date that either party executes this Agreement. 2. Term. The term of this Agreement is for five years beginning on the effective date. Page 2 of 9 Business Incentive Agreement withCity of CC - November 2091 7 _ 3. Performance Requirements and Grants. a. Del Mar shall establish and operate the Northwest Learning Center (a satellite center of the College), which will house its Renewable Energy Program and provide general academic courses for it Health Sciences and Public Safety programs. b. Del Mar will invest financial resources to support the administrative and instructional functions at the Northwest Learning Center. Del Mar shall annually report their actual investments within the City of Corpus Christi, and provide documentation to support the report to the Corpus Christi Business and Job Development Corporation. c. The Corporation will reimburse Del Mar for the costs of rehabilitating the existing improvements and constructing the Northwest Learning Center at 13725 Northwest Boulevard, including the purchase of fixtures, furnishings, and instructional equipment. The amount reimbursed by the Corporation may not exceed $979,000. d. On the annual anniversary of the effective date of this agreement, Del Mar shall report to the Corporation the number of students placed with renewable energy firms and health service and public safety providers located within the City of Corpus Christi that have been assisted by the Northwest Learning Center and the average starting annual salaries paid by each employer within Corpus Christi during the previous year. 4. Job Creation Qualification. a. In order to count as a created job under this Agreement, the job must pay wages as required by Section 501.162, Texas Local Government Code, formerly Section 38(b) of the Development Corporation Act of 1979, as amended, which is the median wage of the occupation in the Corpus Christi MSA as determined by Texas Workforce Commission's Texas Industry Profiles report. b. A full -time permanent job is one that provides at least 2,080 hours annually. 5. Buy Local Provision. a. Del Mar agrees to use its best efforts to give preference and priority to local manufacturers, suppliers, contractors, and labor, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency. b. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50- mile radius of Nueces County. Page 3 of 9 Business Incentive Agreement withCity of CC - NovembelQc 6. Warranties. Del Mar warrants and represents to Corporation the following: a. Del Mar, an educational institution, is a political subdivision of the State, and in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. Del Mar has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. Del Mar has received a copy of the Texas Development Corporation Act, Subtitle C1, Title 12, Texas Local Government Code, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. d. The parties executing this Agreement on behalf of Del Mar are duly authorized to execute this Agreement on behalf of Del Mar. 7. Compliance with Laws. Del Mar shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 8. Non - Discrimination. Del Mar covenants and agrees that Del Mar will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 9. Force Majeure. If the Corporation or Del Mar are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or Del Mar are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 10. Assignment. Del Mar may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 11. Indemnity. To the extent permitted by the Constitution and the laws of the State of Texas, Del Mar covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ( "Indemnities ") against all liability, damage, loss, claims demands, and actions of any kind on account of personal Page 4 of 9 Business Incentive Agreement withCity of CC - November 211 9 _ injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with Del Mar activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees. Del Mar must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 12. Events of Default. The following events constitute a default of this Agreement: a. The Corporation or City determines that any representation or warranty on behalf of Del Mar contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; b. Any judgment is assessed against Del Mar or any attachment or other levy against the property of Del Mar with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 days. c. Del Mar makes an assignment for the benefit of creditors. d. Del Mar files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. e. If taxes owed by Del Mar become delinquent, and Del Mar fails to timely and properly follow the legal procedures for protest or contest. f. Del Mar changes the general character of business as conducted as of the date this Agreement is approved by the Corporation. 13. Notice of Default. Should the Corporation or City determine that Del Mar is in default according to the terms of this Agreement, the Corporation or City shall notify Del Mar in writing of the event of default and provide 60 days from the date of the notice ( "Cure Period ") for Del Mar to cure the event of default. 14. Results of Uncured Default. After exhausting good faith attempts to address any default during the cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of Del Mar, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. Page 5 of 9 Business Incentive Agreement withCity of CC - November ly0 _ a. Del Mar shall immediately repay all funds paid by Corporation under this Agreement. b. Del Mar shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation. c. The Corporation shall have no further obligations to Del Mar under this Agreement. d. Neither the City nor the Corporation may be held liable for any consequential damages. e. The Corporation may pursue all remedies available under law. 15. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of Del Mar's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time Del Mar is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 16. Del Mar specifically agrees that Corporation shall only be liable to Del Mar for the actual amount of the money grants to be conveyed to Del Mar, and shall not be liable to Del Mar for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this agreement. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for Page 6 of 9 Business Incentive Agreement withCity of CC - November 208192 1 any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from Del Mar to be accompanied by all necessary supporting documentation. 17. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Del Mar: Del Mar College Attn: Dr. Lee Sloan Interim Vice President of Administration and Finance 101 Baldwin Corpus Christi, Texas 78404 Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Economic Development Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469 -9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 18. Incorporation of other documents. The Corpus Christi Business and Job Development Corporation Guidelines and Criteria for Granting Business Incentives ( "Corporation Guidelines "), as amended, are incorporated into this Agreement. 19. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 20. Relationship of Parties. In performing this Agreement, both the Corporation and Del Mar will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint- venturers, or associates of one another. The Page 7 of 9 Business Incentive Agreement withCity of CC - November _ employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 21. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 22. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 23. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 24. Sole Agreement. This Agreement constitutes the sole agreement between Corporation and Del Mar. Any prior agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 25. Survival of terms of agreement and obligations of parties. The terms of this agreement and the obligation of the parties relating to Section 14.a and b shall survive the termination of this agreement. Page8of9 Business Incentive Agreement withCity of CC - November 9%23_ Corpus Christi Business & Job Development Corporation By: Eloy Salazar Chairperson Date: Attest: By: Armando Chapa Assistant Secretary Del Mar College By: Mark Escamilla, Ph.D. President Date: THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 2009, by Mark Escamilla, Ph.D., President, Del Mar College, a political subdivision of the State of Texas, on behalf of the college. Notary Public State of Texas Page 9 of 9 Business Incentive Agreement withCity of CC - Novemberl 4_ BUSINESS INCENTIVE PROJECT SERVICE AGREEMENT This Business Incentives Project Service Agreement ( "Project Service Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ( "Corporation ") and the City of Corpus Christi, Texas ( "City "). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one- eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corporation's Board of Directors; WHEREAS, the Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ( "Board "), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes, requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007; WHEREAS, Del Mar College ( "Del Mar ") has submitted a proposal to the Corporation for $979,000 for development of the Northwest Learning Center, which will serve as the hub of Del Mar's Renewal Energy Program and to offer general academic courses that focus on offering programs to enhance its ability to produce graduates in Health Science and Public Safety occupations; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas, to fund the Del Mar's development of the Northwest Learning Center; and WHEREAS, the Corporation and Del Mar have executed a business incentive project agreement for development of, the Northwest Learning Center; Page 1 of 3 Project Support Agreement 4A -City -- Del Mar NW Campus ,t2Qt009 J L Exhibit B In consideration of the covenants, promises, and conditions stated in this Project Service Agreement, the Corporation and the City agree as follows: 1. Project Service Agreement to Implement Business Incentives Agreement. This Project Service Agreement between the City and the Corporation is executed to implement the Business Incentive Agreement for development of the Northwest Learning Center between the Corporation and Del Mar ( "Business Incentive Agreement "). 2. Term. The term of this Project Service Agreement runs concurrently with the term of the Business Incentive Agreement. 3. Services to be Provided by City. a. The City Manager, or the City Manager's designee, shall administer funding on behalf of the Corporation. b. The City Manager, or the City Manager's designee, shall perform contract administration responsibilities outlined in the Business Incentive Agreement for the Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City's Council. 5. Effective Date. The effective date of this Project Service Agreement is the latest date that either party executes this Agreement. 6. Amendments or Modifications. No amendments or modifications to this Project Service Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Service Agreement or the application of this Project Service Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Service Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Service Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Service Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Service Agreement, then the remainder of this Project Service Agreement is not Page 2 of 3 Project Support Agreement 4A -City -- Del Mar NW Campusff2,2009 affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Service Agreement automatically. 8. Captions. The captions in this Project Service Agreement are for convenience only and are not a part of this Project Service Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Service Agreement. The City of Corpus Christi Corpus Christi Business & Job Development Corporation 'Angel R. Escobar City Manager Date: Attest President Eloy Salazar Date: Armando Chapa City Secretary Approved as to Legal Form: December 02, 2009. R. Jay Reining First Assistant City Attorney for City Attorney Page 3 of 3 Project Support Agreement 4A -City -- Del Mar NW Campus gyf os 27 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: December 8, 2009 AGENDA ITEM: Discussion and possible action concerning the Memorial Coliseum project. BACKGROUND INFORMATION: Attachments I, II and III are the items which were sent to you in the November 25, 2009 City Manager's Packet pertaining to the Memorial Coliseum: I. Historic designation information II. Memorial Coliseum Site Negotiation (2 letters) III. Title Insurance Commitment concerning the Memorial Coliseum Please note a conference call is tentatively scheduled for Friday, December4, 2009. After this conference call, supplemental information will be provided late Friday. The National Swimming Center Corporation has been advised that the negotiations update will be provided on Tuesday, December 8th and we have requested that a Negotiation Team representative from the organization be available to respond to any questions you may have. Irma Caballero Director of Economic Development irmacaAcctexas.com (361)826 -3850 Attachments •..s. MEM 111$4.1111, MINN City of Corpus Christi MEMORANDUM Attachment I Page 1 of 21 To: Mayor and Council Members / Through: `Angel R. Escobar, City Manager r�/1 - .1A-L, From: Juan Perales, Jr., Assistant City Manager for Development Services, Date: November 25, 2009 Subject: City Council Request- Report on any historical designation assigned to the Memorial Coliseum On November 17, 2009, the Mayor and City Council requested information on any historical designation assigned to the Memorial Coliseum. The Memorial Coliseum does not have a local, state or federal historical designation for the property. However, since Memorial Coliseum is owned by a governmental entity then the property could be subject to the Texas Antiquities Code, Chapter 191 of the Texas Natural Resources Code. This Code applies generally to state archeological landmarks which may involve the building such as the Coliseum, as well as historical and pre - historical American Indian artifacts. (See Attachment A Texas Historical Commission Legal Analysis by John Bell) The conclusion of the legal analysis provided by John Bell states: "If the City leases a project site greater than five acres for development, advance notice must be sent to the Texas Historical Commission for review. The Commission has 30 days to elect to conduct a survey to determine whether anything of archeological significance exists at the site. It the City elects to demolish or modify the Coliseum, no notice to the Texas Historical Commission is required, unless the City elects to utilize state or federal funding for the project." Additionally, at the November 17, 2009 public hearing on the Memorial Coliseum, Mr. George Clower commented on the Memorial Coliseum being designated on the 2004 Preservation Texas Most Endangered Places. Preservation Texas is a private, nonprofit Attachment I Page 2 of 21 organization in Texas dedicated to being a full- service statewide advocacy preservation organization. The Memorial Coliseum was placed on the organizations' list of endangered places in 2004, but such list does not have any regulatory authority. (See Attachment B Preservation Texas 2004 Texas Most Endangered Places) The Memorial Coliseum is listed on the Corpus Christi Historic Site Survey, Phase IIB, October 1994 document. Such survey was accomplished through a matching grant provided by the Texas Historical Commission, but does not designate properties. The survey simply detail the architecture of the Memorial Coliseum building, significances of the building and architect and recommends the potential of the structure for historical designation. (See Attachment C Corpus Christi Site Survey - Memorial Coliseum and Architect information) Please contact Johnny Perales at 813 -0338, or by email at johnnyp @cctexas.com for any questions or additional information. Attachment I Page 3 of 21 LEGAL ISSUES RELATED TO COLISEUM PROJECT September 8, 2009 City of Corpus Christi, Texas CONTENTS Summary of Conclusions (2 Pages) Detailed Analysis and Summary Texas Historical Commission Process Bond 2008 Requirements Master Plan Requirements Limitations on Park Lands Initiative & Referendum Process Title Restrictions Procedures Relating to Demolition Prepared by John D. Bell Wood, Boykin & Wolter A Professional Corporation 615 N. Upper Broadway, Suite 1100 Corpus Christi, Texas 78477 Attachment I Page 4 of 21 LEGAL ISSUES RELATED TO COLISEUM PROJECT Summary of Conclusions Texas Historical Commission Process If the City leases a project site greater than five acres for development, advance notice must be sent to the Texas Historical Commission for review. The Commission has 30 days to elect to conduct a survey to determine whether anything of archeological significance exists at the site. If the City elects to demolish or modify the Coliseum, no notice to the Texas Historical Commission is required unless the City elects to utilize state or federal funding for the project. Bond 2008 Requirements The Bond 2008 language does not mandate the creation of a festival park north of the Coliseum. In determining the final construction drawings for the Bond 2008 funds, the City is required to accomplish a "realignment" of Shoreline Drive that will provide "a Iarge pedestrian area (Bayshore Park) strongly connected to the water, McGee Beach and the Coopers Alley L- Head." The City may elect to include portions of the northbound lanes (75 feet width overall) of Shoreline Drive, as part of any development. The "strong" connection to McGee Beach and the Coopers Alley L -Head does not specify any particular width or configuration. Master Plan Requirements The City Council may modify the adopted master plan to incorporate some form of private development in the area north of the Coliseum. Summary —335— Septem Attachment I Page 5 of 21 Limitations on Park Lands Areas denoted as Sherrill Park, the playground area on Kinney Street, McGee Beach and McCaughan Park are parklands and cannot be sold or subject to long -term lease with a change in use without approval by a majority of the voters at an election. Initiative & Referendum Process If the initiative petition is successful and the voters approve the ordinance in May 2011, the City Council will be authorized to rebuild the Coliseum. The issues of whether and how to appropriate funds from future operating or capital budgets are left to future City Councils. The initiative language concerning rebuilding the Coliseum to its "original condition" does not mandate that the Coliseum not be air conditioned or not have accessible restrooms. The Coliseum could have air conditioning, restrooms, and such other features including a swimming pool, ice rink or other facilities as determined by the City Council. In the event that the City Council elects to demolish the Coliseum prior to a vote in May 2011, if the initiative is successful the future City Council would be authorized to rebuild the Coliseum as noted above. Title Restrictions This property was conveyed to the City with a restriction to be used for "public purposes ", but the City Council may lease this property for such time and under such terms and conditions and for such purposes as determined by it to be in "the best interest of the City." The original 1957 statute gave the City Council unqualified discretion regarding leases, and 2003 amendments further clarified that any economic development purposes authorized under Chapter 380 are allowed. Procedures Related to Demolition The following steps would be required in connection with demolition of the Coliseum: 1. Procure Architectural/Engineering Consultants for Plans 2. Conduct Survey for Asbestos and Other Hazardous Materials 3. Develop Plans and Specifications for Demolition 4. Solicit of Competitive Bids or Proposals for the Demolition 5. Appropriate Funds Necessary for Demolition Contract 6. Award of Demolition Contract to One or More Contractors 7. Remove Asbestos and Any Other Hazardous Materials from the Site 8. Demolish the Coliseum and Clear Site Summary September 8, 2009 -336- Attachment I Page 6 of 21 LEGAL ISSUES RELATED TO COLISEUM PROJECT VI/ Detailed Analysis and Summary Texas Historical Commission Process The Texas Antiquities Code, Chapter 191 of the Texas Natural Resources Code, applies generally to state archeological landmarks which may involve both buildings such as the Coliseum as well as historical and pre - historical American Indian artifacts. The project site is located on approximately fifteen feet of fill materials deposited at that location in the 1940's in connection with construction of the seawall. As a result, the potential for the discovery of any historical or pre - historical American Indian artifacts or other artifacts in the ground at the project site is virtually nil. Under the Code, the City must provide advance notice to the Texas Historical Commission prior to the commencement of a project which affects a cumulative area larger than five acres. Since the proposed lease area may exceed five acres, this requirement would apply to the potential development of the site. Section 191.0525 specifically requires notice for: (d) A project for a. county, municipality, or an entity created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, requires advance project review only if the project affects a cumulative area larger than five acres or disturbs a cumulative area of more than 5,000 cubic yards, whichever measure is triggered first, or if the project is inside a designated historic district or recorded archeological site. The Texas Historical Commission is charged with determining whether a historically significant archeological site is likely to be present at the project Location and if any additional action or an archeological survey is necessary. The Commission has 30 days to make the determination. If it fails to respond within the 30 days, the project may proceed. If the Commission determines that an archeological survey is necessary, the project may not continence until the archeological survey is completed. A separate provision requires that no state agency may alter, renovate or demolish a building possessed by the state that was constructed at least 50 years before the alteration, renovation or demolition with notifying the Committee. (Section 191.098) That provision does not apply to the Coliseum since it is owned and possessed exclusively by the City of Corpus Christi, which is not a state agency. However, the rules of the Texas Historical Commission state that buildings 50 years old or more may qualify as historical resources worthy of investigating and maintaining. If the Coliseum were to be determined to be a state archeological landmark, the building could not be removed or altered without a permit from the Commission. (Section 191.093) Listing on the National Register of Historic Places is a prerequisite for the Commission designating a building as a state archeological landmark. In the event State or Federal funds are used in connection with the project, architectural review by the Texas Historical Commission generally is required for a project. Detailed Analysis -337- Sei Attachment I Page 7 of 21 Conclusion: If the City leases a project site greater than five acres for development, advance notice must be sent to the Texas Historical Commission for review. The Commission has 30 days to elect to conduct a survey to determine whether anything of archeological significance exists at the site. If the City elects to demolish or modify the Coliseum, no notice to the Texas Historical Commission is required unless the City elects to utilize state or federal funding for the project. Bond 2008 Requirements In the 2008 Bond Election, the voters approved Proposition No. 7, the "Bayfront Master Plan Project." The Project was described in the Ordinance as "the acquisition of land and the construction of permanent public improvements for the Bayfront Development Plan, including, without limitation, constructing reconstructing, restructuring and extending the streets, thoroughfares, sidewalks, streetscapes, collectors, and storm drains along Shoreline Drive, developing parks and recreational facilities along Shoreline Drive, and related public improvements; INCLUDING: *BAYFRONT DEVELOPMENT PLAN PHASE 3 *AND OTHER BAYFRONT IMPROVEMENTS. The ballot language itself simply stated that the bonds were for "the Bayfront Development Public Improvements in the aggregate sum of $ 13,000,000.00, including: *BAYFRONT DEVELOPMENT PLAN PHASE 3 *AND OTHER BAYFRONT IMPROVEMENTS. Materials distributed by the City for the 2008 Bond Election described Proposition 7 as follows: The Bayfront Implementation Plan provides for the relocation of traffic lanes inland away from the water. The realignment will begin near Coopers Alley and continue south until they merge back to the current Shoreline alignment south of McGee Beach in the vicinity of Furman and Buford. The realignment will reduce the number of traffic lanes from the current three lanes in each direction to two lanes in the each direction. This phase of work provides a large pedestrian area (Bayshore Park) strongly connected to the water, McGee Beach and the Coopers Alley L -Head. The realignment could include: Improved access to water features such as the Sewall steps, beach and marina without crossing multiple lanes of traffic; A large public space for community events, concerts, festivals and other special events; Public amenities and the necessary utility connections and lighting to support such events. Language concerning the imposition of a tax to fund particular projects constitutes a "contract with the voters" under the Texas Constitution and case law. in San Saba County v. McCraw, 108 S.W.2d 200, 202 -03 (Tex. 1937), the Supreme Court held that "where the Constitution authorizes the levy of a special tax by a vote, of the taxpaying voters of a municipality ... such tax is not Detailed Analysis September 8, 2009 -338- Attachment I Page 8 of 21 levied by the municipality ... but by the voters to whom has been delegated the taxing power" and any law that impairs and destroys the voters' rights existing at the time of the vote violates Article 1, Section 16 of the Texas Constitution. This ruling was more recently confirmed in Gallagher v. City of San Antonio, 269 S.W3d 628 (Tex. App. — San Antonio 2008). See also Tex. Att'y Gen. Op. No. GA -0156 (2004) (acknowledging that "Texas courts have held that the express terms of resolutions and orders calling a tax or bond election, at which voters are asked to approve financial undertakings of a governmental body relating to the purposes for which funds shall be used, become a contract with the voters who are entitled to receive substantially all of the benefits and security of that contract "); and Tex. Att'y Gen. Op. No. GA -0049 (2003) (stating that a tax or bond proposition, and its constitutional and statutory conditions and safeguards, form a "contract with the voters" and any attempt to substantially alter the rights and expectations of the voters will be treated as a violation of Article I, Section 16 of the Texas Constitution, prohibiting laws impairing the obligations of contracts). Nevertheless, the Supreme Court has noted that "It is elementary that the proceeds of bonds voted by the people must be expended for the purposes for which they were voted. It is also elementary that in instances where the law visits upon a governing body the duty to exercise its sound judgment and discretion, courts have no right to interfere so long as such body acts lawfully. In other words, a court has no right to substitute its judgment and discretion for the judgment and discretion of the governing body upon whom the law visits the primary power and duty to act." Lewis v. City of Fort Worth, 89 S.W,2d 975 (Tex 1936). The Proposition No. 7 materials did not mention the future of the Coliseum. In describing Shoreline re- routing of Proposition No. 7, in an October 13, 2008, Caller Times article, Raymond Gignac noted that "This plan works whether the Coliseum is there or not." The article further noted that Councilman John Marez and other public officials confirmed that although the construction of this phase of the Bayfront Master Plan was being accelerated in order to coincide with the plans for the Coliseum, the two projects were in no way tied together. Raymond Gignac also stated in that article that in addition to rerouting the street, the plan included a park next to the water, with landscaping to provide shade and walking promenades, a pier over the bay, and a large festival lawn. He further noted that some components of the original plan may be adjusted and the festival lawn feature may not be needed since the north park includes a special events plaza that serves a similar purpose. He commented that if what becomes of the Coliseum requires plenty of parking, plans may shift to allow for that, noting "what the details of this space will be have yet to be determined." As noted above, the language of bond propositions constitutes a contract with the voters but Proposition No. 7 provided a general description of the Bayfront Development Plan Phase 3. It requires rerouting Shoreline Drive inland from a point near Cooper's Alley south to the vicinity of Furman and Buford. It further requires "a large pedestrian area (Bayshore Park) strongly connected to the water, McGee Beach and the Coopers Alley L- Head." Beyond that, the language of Proposition No. 7 indicates additional features that the project could include such as a large public space for community events. Detailed Analysis -339- Septet: Attachment I Page 9 of 21 Specific planning for the rerouting of Shoreline Drive envisioned by Proposition No. 7 is just beginning. The City has selected an architectural/engineering team to prepare preliminary plans, and it is anticipated that a contract for the development of complete plans and specifications will be awarded in 2010. A similar process was followed in the development of final plans for Phase 1 approved by the voters in 2004, for which plans were finalized in 2008. Several options typically are presented to the City Council for review and various changes occur in the final designs in order to address site issues and new developments. Conclusion: The Bond 2008 Ianguage does not mandate the creation of a festival park north of the Coliseum. In determining the final construction drawings for the Bond 2008 funds, the City is required to accomplish a "realignment" of Shoreline Drive that will provide "a large pedestrian area (Bayshore Park) strongly connected to the water, McGee Beach and the Coopers Alley L- Head." The City may elect to include portions of the northbound lanes (75 feet width overall) of Shoreline Drive, as part of any development. The "strong" connection to McGee Beach and the Coopers Alley L -Head does not specify any particular width or configuration. Detailed Analysis -340- September 8. 2009 Attachment I Page 10 of 21 Master Plan Requirements The Bayfront Development Plan Phase 3 was derived from the Shoreline Boulevard Master PIan presented to the City Council on June 29, 2004. The concept for Zone C, as it was then described, was re- routing Shoreline Drive from Cooper's Alley southward through what is presently Sherrill Park. In place of the current park improvements in Sherrill Park and the playground equipment at the old City Hall site, the concept simply showed a "Festival Lawn." This concept was incorporated into the South Central Area Development PIan adopted on July 27, 2004, as the "Bayfront Master Plan" beginning on Page 50 therein. This " Bayfront Master Plan" was the Plan referenced in Bond 2008 Proposition No. 7 and included the creation of a "North Bayfront Park" and a "South Bayfront Memorial Park" extending from Buford Street to the L -Head. In Figure 10 describing the South Bayfront Memorial Park, the large area comprising the remaining portion of Sherrill Park and the old City Hall site playground facility was labeled either "Public Space" or "Festival Lawn." The Plan noted that is also "recommends that the City promote economically viable incentives for development of new tourist oriented uses on private property fronting Shoreline Boulevard." Figure 10: South Bayfront Memorial Park .� .d., w.a, = v-. • 1- sl?hvkt: _ ...f � o. �:;., . -;� .:.1�.-0aiz. � � _ •..w f �rs'�'a.4`�;,..�� r= "'� The original South Central Area Development Plan contemplated the creation of a festival park but noted that the park could be located north of IH -37, in the Memorial Coliseum area, at the site of the Broadway Wastewater Plant (which was to be relocated outside the area), on the Kerr - McGee Tract, at South Bluff Park or at Corpus Christi Beach Park. Detailed Analysis —341— Sept Attachment I Page 11 of 21 The plan to maintain the area north of Memorial Coliseum as open space had its beginnings in 1 984 after a public vote on whether the new City Hall should be located on the Bayfront near the Coliseum or at a.site near the County Courthouse. The voters preferred the uptown site, and the City Council adopted a motion that the location of the then City Hall, Utilities Building and Exposition Hall adjacent to the Coliseum be maintained as open space in the future. The master development plans expressly incorporate all prior City Council actions for development of an area, and while the South Central Area Development Plan included an open space or festival lawn description in this area, a master plan inherently can be modified by future City Councils. As is the situation in many zoning cases and other capital improvement programs, the adopted master plan must be changed in order to accommodate changes in use, other options and emerging development needs. Beginning with the motion made by the City Council in 1984 through the most recent versions of the Bayfront Development Plan Phase 3, the area north of the Coliseum has been denoted as open space, but none of those actions are immutable. Public discussion of the possible development of this area commenced with the earlier request for proposals in 2006 and discussion of the TRT Development plans. For nearly four years development plans for the Coliseum have incorporated the property north of the Coliseum. Conclusion: The City Council may modify the adopted master plan to incorporate some form of private development in the area north of the Coliseum. Limitations on Park Lands Chapter 253 of the Texas Local Government Code requires that any land "owned, held or claimed?' as a public park by the City may . not be sold unless the issue of the sale is submitted to the voters and approved at a referendum election. The courts have interpreted this limitation also to apply to long -term leases which change the use of the property for other than park purposes. See Zachry v. City of San Antonio, 305 S.W.2d 558 (Tex 1957) (lease of parkland for 40 years for a parking garage); but see Walker v. City of Georgetown, 86 S.W.3d 249 (Tex. App. - Austin 2002, review denied)(lease of parkland for 10 -20 years for baseball batting cages was allowed). For the property to be considered to be a public park, it can be "owned, held or claimed" as a park. In various cases, land can be conveyed to a city as a park, it can be formally dedicated as a park, it can be historically used as a park, and it can be claimed as a park such as in connection with various grant requests. As a result, the areas denoted as Sherrill Park, the playground area at McKinney Street, McGee Beach and McCaughan Park would be parklands subject to the election requirements of Chapter 253. The courts have held that road construction through parks does not trigger the election requirements of Chapter 253, so the proposed realignment options that may eliminate portions of existing park lands are allowed. See City of San Antonio v. Sisters of Charity of the Incarnate Detailed Analysis September 8. 2009 —342— Attachment I Page 12 of 21 Word, 360 S.W.2d 580 (Tex. Civ. App. — Waco 1962, writ ref n.r.e.). Note, however, that Chapter 26 of the Texas Parks & Wildlife Code requires a determination by the City after notice and hearing that there is no feasible and prudent alternative to the taking of the property and that measures have been taken to minimize the adverse impact on the parklands. Conclusion: Areas denoted as Sherrill Park, the playground area on McKinney Street, McGee Beach and McCaughan Park are parklands and cannot be sold or subject to long -term lease with a change in use without approval by a majority of the voters at an election. Initiative & Referendum Process Article 1, Section 4 of the City Charter provides that while the legislative power of the City is vested in the City Council, the people have the powers of initiative and referendum to propose or repeal ordinances in certain areas. The power of initiative and referendum does not extend "to specific items contained in the operating or capital budgets of the City, contracts, appropriations already made, the levy of taxes or the individual salaries of City officials or employees." Currently, petitions are being circulated as part of an initiative to "rebuild Memorial Coliseum to its original. condition." The proposed Ordinance being circulated for signatures by initiative includes specifically provides as follows: SECTION 1. The City Council is hereby authorized to undertake everything necessary and proper to rebuild Memorial Coliseum to its original condition and replace the original plaque to its original location honoring: "the sons and daughters of Nueces County who made the supreme sacrifice in World War II" SECTION 2. The City Manager, or his designee, is hereby authorized and directed to develop plans to rebuild Memorial Coliseum to its original condition for the implementation of this Ordinance. SECTION 3. Nothing in this Ordinance shall be construed as appropriating any funds from any operating or capital budget of the City. The issues of the award of any contracts providing for the rebuilding of such structure and the replacing of the original plaque, and the appropriation of funds for such purposes, specifically are reserved for future action by the City Council. The petitioners have 90 days from August 28, 2009, in which to collect the required signatures of five percent of the registered voters. In the event that the petitions are submitted and certified by the City Secretary, the City Council may either adopt the ordinance or schedule it for election at the next regular City Council elections in May 2011. The ordinance would not go into effect unless the City Council adopts it or the voters approve it in May 2011. Detailed Analysis -343- Sept Attachment I Page 13 of 21 Once approved by initiative, an ordinance is not subject to repeal or substantial modification by action of the City Council for four years without approval of the voters in an election called for such purpose. The ordinance specifically does not, and it cannot, appropriate any funds from either the operating or capital, budget of the City to rebuild Memorial Coliseum. That action is subject to decisions by future City Councils. While the adoption of such an ordinance authorizes the City Council to rebuild the Coliseum and directs the City Manager to develop plans, in the absence of appropriations to fund the project, nothing will happen further than the development of plans. Conclusion: If the initiative petition is successful and the voters approve the ordinance in May 2011, the City Council will be authorized to rebuild the Coliseum. The issues of whether and how to appropriate funds from future operating or capital budgets are left to future City Councils. The initiative language concerning rebuilding the Coliseum to its "original condition" does not mandate that the Coliseum not be air conditioned or not have accessible restrooms, The Coliseum could have air conditioning, restrooms, and such other features including a swimming pool, ice rink or other facilities as determined by the City Council. In the event that the City Council elects to demolish the Coliseum prior to a vote in May 2011, if the initiative is successful the future City Council would be authorized to rebuild the Coliseum as noted above. Title Restrictions This property originally was conveyed to the City "for public purposes" by the State of Texas in 1924 as part of a larger tract described in Patent No. 86 recorded in Volume 21 -A based on a 1919 Legislative Act. After completion of construction of the seawall, in 1945 the Legislature confirmed the conveyance of the land behind the seawall to the City by Acts of the 49th Legislature, Chapter 253, Page 391, which has been codified as Article 5421j of the Vernon's Annotated Texas Statutes: Art. 5421j. GRANT OF FILLED IN LAND TO CITY OF CORPUS CHRISTI. Sec. 1. All right, title and interest of the State of Texas in and to all land within the area hereinafter mentioned, hitherto lying and situated under the waters of Corpus Christi Bay for and in consideration of the sum of Ten Thousand Dollars ($10,000) cash, is hereby relinquished, confirmed and granted unto the said City of Corpus Christi, its successors and assigns, forpublic purposes, to -wit: (emphasis added) Being all of that filled -in land lying and being situated in Nueces County, Texas, landward behind the seawall and easterly of the shoreline of Corpus Christi Bay as shown in Survey No. 803 and in the patent from the State of Texas to the City Detailed Analysis September 8, 2009 —344— -004 Texas' Most Endangered Places PRESERVATION T ?AS hop: /'wwZV.preser ationtexas.urteiixie, Attachment I Page 14 of 21 Preservation Texas is the only private, nonprofit membership organization in'fexas that is dedicated to hetng a full - service statewide preservation organization. About Us ' Get Involved News Events Calendar Most Endangered Places Resources Preservation Texas P.O. I3ox 12832 Austin, Tx 78711 Phone: 512.472.0102 FAX: 512.472.0740 email [search... 2004 Texas' Most Endangered Places' 2004 • 2005 • 2006 • 2007 • 2008 • 2009 go> Texans are at risk of losing historic places that are as important to our history and way of life as longhorn cattle and the ten - gallon hat. "These are the 13 sites that Preservation Texas, inc. has named to its first list of Texas' Most Endangered Places. The announcement was made at thc Texas Capitol on February 19, ('reservation Day 2004. Story board Gonzalez and Cyneo Houses - San Antonio, Hexrr County The Perez Street houses represent early Texas architectural fortes and materials. Built in the barrio referred to as Laredito or Little Laredo, the houses are among the last of this type and period. The University Health System currently owns the houses and agreed to their restoration if allowed to demolish another nearby historic house. The properties remain in a stabilized though threatened condition. Anton and Rachel Underwood House - East Columbia, l3rasoria County The Underwood house dates to the early days of the Itepublic of Texas. After participating in the Runaway Scrape, Ammon Underwood located in East Columbia serving as postmaster and merchant- The two -stony Greek Revival house rests on the hanks of the Brazos River. A Recorded 'Texas lfistoric Landmark listed in the National Register of Historic Places, it is threatened by erosion and the redirected course of the Brazos River. Story board George Kraigher (louse - Brownsville. Cameron County The George Kraigher House is the work of internationally known architect Richard J. Neutra. Ant Austrian -born emigrant, Neutra brought modern architectural practices to the United States before World War II. His work encompasses some of the most important examples of lvlodern design in the country. This is one Of the few Neutra designed houses outside of California and the only single - family house he designed in Texas. It is threatened by neglect, vandalism, and water penetration. Story board Old Dallas Iligh School - Dallas, Dallas County Dallas High School is the oldest and most intact high school building in Dallas. ft served as a prominent point of education for hundreds of Dallas students and today boasts one of the most active alumni groups in the state. Sold to a private developer, the entire campus, listed in the National Register of 1 Iiistoric Places. was demolished except for this building protected by the City of Dallas historic preservation ordinance. Owner demolition remains a threat. Story board Story board Albert Fall Mansion - El Paso, El Paso County The two -story Classical Revival mansion was borne to Albert Bacon Fall, Secretary of the Interior under President Warren G. (larding. Fall was convicted of accepting a bribe during the Teapot Dome Scandal, and the teem "fall gory "originates boon his role. The house incorporated colossal white columns from Fall's boyhood home in Kentucky. Located in a City of El Paso historic district, it is threatened by neglect. Prudential Building- Houston, Harris County This 18 -story office building became the first high -rise constructed outside of downtown Houston. The work of local and prominent Modernist architect Kenneth Franzheim, it is at risk for demolition by M.D. Anderson Cancer Center, owner of the property. Story board Sacred Heart Co- Cathedral - Houston, Harris County Constructed in 1911, the Sacred heart Co- Cathedral first served as a parish for Irish immigrants. Architect 011e ,1. Lorehn of Houston designed the cruciform Gothic Revival building. Though well maintained and at use for daily masses, the Diocese has pronounced the cruciform Gothic Revival building "unsound" and has announced plans to demolish it within three years. Story board Sabine Farms Community Center - rural Ilanison County Sabine Farms was one of 200 New Deal Resettlement Administration communities and one of only thirteen set aside for African Americans. It was thc only African American Resettlemtt4s_nunity west of the Mississippi. Around 1960 the lie... "ON Texas Most Endangered Places bttp' u•ww.preservationtexts.ot a /luclex.php?nption complex began to deteriorate, and many of the buildings are now removed except for the Coinmunity Center, which is threatened by negtect.Story board Bob's Oil Well - Matador, Motley County As one of the state's once - flourishing roadside businesses. Bob's Oil Weli is a landmark at the junction of two heavily traveled highways in West Texas. Constructed in the early 1930s by Bob Robertson, the tourist destination and service center featured an exaggerated and oversized oil derrick. Several buildings remain, including the derrick, station, and a diner constructed of stone and petrified wood. The site is threatened by neglect. Story board .See below flu• a News Update. Story board • r r "' Vanishing Adobes - Presidio County The "vanishing adobes" encompass some of the last remaining adobe buildings along the ancient Chihuahua Trail from Ciudad Chihuahua through West Texas. Early Anglo settlers constructed these buildings for settlement and trade using 1 traditional building forts and materials. These sites include important archeological opportunities such as Alamo Ranch, one of the most complete ranching complexes in the Trans -Pecos region. The structures are threatened by neglect, erosion, and development. Story board Corpus Christi Memorial Coliseum - Corpus Christi, Nueces County resigned by noted architect Richard S. Colley in 1952. the Memorial Coliseum was completed in 1954 as part of a civic center complex including the City Hall (demolished) and Exposition Halt (demolished). In 1952, the Design Award Jury of Progressive Architecture magazine noted the extraordinary pre - construction design. The coliseum is threatened by demolition by the City of Corpus Christi. historic Buildings of Rio Grande City - Rio Grande City, Starr County Founded by Henry Clay Davis in the mid -19th century, Rio Grande City is one of the states most architecturally significant cities along the Rio Grande River. Tourists and businesses associated with NAFTA have in recent years begun to draw attention to this once almost uuknocvn community. Despite the growth in awareness, the city remains challenged economically and many of the historic properties are neglected and underutilized. Some of the city's most noted buildings include the Simnel Julian Stewart Mouse (c.t850), known for its combination of Spanish and Mexican architectural influences; the LaBorde Hotel (1877), featuring a combination of Spanish and French influenced architectural traditions; and the Silveri° de la Pena Building (1886), the work of'master mason,[- Ieinrich Portschellar. Many of these buildings are part of a historic district being proposed for listing in the National Register of historic Places. Story board Working Class Neighborhoods of Texas - early- to mid- 20th - century neighborhoods throughout Texas In the early 20th century, hundreds of neighborhoods developed in smati and large Texas communities. Many of these neighborhoods were home to the working families of local industries and reflected the means and tastes of a generation of • Texans. Neighborhoods typically consisted of a many residences, corner grocery stores and businesses, churches, and schools. 'today, some of these neighborhoods suffer from neglect, inappropriate alterations, abandoned buildings, and disenfranchised residents, while others have become targets for demolition and insensitive redevelopment. Despite that, working -class neighborhoods sustain many inner-city areas providing important hones to long -tine residents and first homes for new immigrants. Some of these neighborhoods are Listed as local historic districts and in the National Register of i'listoric Places. These neighborhoods are threatened by neglect, demolition, abandonment and inappropriate rehabilitation. Story board News Updates: Bob's Oil Well - Matador, Motley County The Bob's Oil Well protection crew hired help to finish carpentry, roof, and stuccoing and have pretty well used up the donations they received for the project. 'They will have the outside repaired and renovated, but the inside (and their Visitors Center) will have to wait until they get more funding. Please help them finish the project by donating to Marine Potts, Bob's bit Well, PO Box 523, Matador, TX 79244. Saturday, October 22 - A crowd of enthusiastic and in some cases teary -eyed supporters turned out today for the unveiling of the historic marker for Bob's Oil Well. Named to Preservation Texas' Most Endangered Places List in 2004, this 1930s tourist stop and restaurant connects the town of Matador and near communities to foul memories of good hamburgers, social gatherings, and funny stories. Located at the intersection of US 70 and Texas 70, Bob's drew travelers from near and far to sec the caged rattlesnakes and exotic animals inelug4 5onkeys, lions, coyotes and a Attachment I Page 15 of 21 "004 ?"eras' Alost F.rniaaecrcd Placcs littp:; hrwn. preservatiume .eas.orgiirxies.pht)1opliOn °C0111 white buffalo Attachment I Page 16 of 21 Luther Bedford "Bob's Robertson, a veteran of World War 1, came to Matador in the 1920s. He was a filling station attendant in 1932 when he decided to open a service station. To promote his business; he built a wooden oil derrick over the station. In 1939. he replaced the wooden derrick with one of steel that reached 84 feet in height and included lights. Robertson paid long distance truckers to place advertising sights at strategic points across the nation noting mileage to Bob's Oil Well in Matador, and his place became well know to the motoring public. Because of his success. Robertson enlarged his operation to include .a grocery, cafe and garage. Bob Robertson died in 1947 and within two weeks a high wind toppled the steel derrick that had been the trademark of his business. His widow restored it two years later with even larger lights, but the business did not continue and it closed in the 19511s. Today, the site serves as a reminder of a time when such bold roadside architecture was in its infancy and of man, who through his business, widely promoted his adopted hometown. -347- Attachment I Page 17 of 21 c to = a) lox .= e.1*. 12 (.3 IS. is I= co (so C°44 0 CZ ca E O. 8 CS1 iv) 0 C3 0 LLI = crs 3.= time , ■ Fe -a .= co bin = ..... .7. 1 E i = rl= = CD • C13 a▪ ) a) 0 fl• " v3 2 •— =I • o T▪ o c.) a) el baw =MB 43 a E Ai= 75 ° CC CD CD as 307) a) •_ ▪ co 1 County Nueces City Corpus Christi Corpus Christi Historic Site Survey, Phase IB, October 1994 Area 1 2 Site No. 5 -092A Name Corpus Christi Memorial Auditorium Street Number 402 Shoreline, S Owner City of Corpus Christi VIM Sector Zoning Map Name Conic date 1 95 4 Attachment I Page 18 of 21 ArchitectBuilder Richard Colley PlanTIype Address Original Owner City of Corpus Chriti Legal N/A Description Propertyflype Civic Historic Function Civic Current Function Civic Stylistic Influence Modern Cotmty Tax Account Ws N/A 10.Description 3 -story red brick; 5 asymmetrical bays, 3 sets of multiple aluminum/glass entry doors; ticket windows and deep canopy an east facade. 3 large concrete vertical panels across east facade; deep overhang protects east facade facing CC Yacht Basin. Curvilinear asphalt roof with extended concrete buttresses on north and south sides. 11. Present Condition Fair; needs improved maintenance schedule 12Significance Dedicated 9/2654 although not completed at time; ceremony climaxed 3-day convention of Gold Star Mothers, who unveiled a memorial plaque with names of 400 Nueces Cty men and women who died in WWII. Rev Robert S. Tate, who headed the Tate Committee which did early planning for a city auditorium was principal speaker. Bldg originally proposed by 67- member Civic Improvement Committee. Location on bayfront is realization of recommendation made by Area Development Committee. Cost was $1 million. Included in City of CC bond election of $5,850,000 in January 1950. WWII memorial listed in Nueces Cty Preservation Plan as significant cultural resource. Relationship to Site: Moved Original Site Yes Bibliography Files of Richard S. Colley; CCCT 1/5/1950,3/8/1950, 9/26/1954; Nueces County Preservation Plan 1982; Informant Recorder SSV/LDH Date updated Oct 13, 1994 DESIGNATIONS National Reg Ind National Reg Dist THC marker potential Possible National Register File Name Film roll Film frame Multiple Property Individual 0 5 0 8 Priority High X Medium Low Zoning he zone potential Yes -349- Attachment I Page 19 of 21 Attachment A Attachment I Page 20 of 21 PARTIAL LIST OF RICHARD S. COLLEY WORK 19394954 In Corpus Christi, Texas Name Churches Sacred Heart Church First Assembly of God Public Buildings 2 Fire Stations City Hall (Demolished) Chamber of Commerce Civical Defense Bldg t„,..>"*.. City Auditorium � 1n c. i CLA (I cf l s s e.u. r,,) Mercantile and Commercial Showroom ( Add'n) Smart Shop Cardinal's Shoe Store (Demolished) Vo -Craft Shoe Store (Demolished) Limerick Furniture Store (Demolished) Juvenile Shoe Stoe Acme Plumbing TX State Optical Thompson Nursery Herman Watts Bldg KSIX Radio Station (Demolished) Cudd Supermarket Smart Shop Add'n Sunshine Laundry &Stores Swantner Shopping Ctr Warehouse Liquor KRIS -TV Station Hawn Sash &Door Hofmann Motors ( Demolished) Hawn Bros Office Bldg Medical Spohn Hospital Addn Danford Clinic Woody Clinic Educational Austin Elementary Recreational Ben Garza Gym Little 'Theatre 5 City of CC Park Bldgs Address 1217 Lipan 1559 S. Brownlee 1) 821 Louisiana Pkwy 2) Address Unknown S. Shoreline 1201 N. Shoreline 3905 Ramsey (possible) 402 S. Shoreline Unknown address 413 -415 N. Chaparral 412 N. Chaparral 422 N. Chaparral 205 S. Chaparral 319 Scharaei 2004 Leopard 320 N. Chaparral Unknown address 301 N. Chaparral 533 N. Upper Bdwy Unknown address 413 -4I5 N. Chaparral 1310 Leopard S. Alameda Lindale Unknown address Unknown address 401 N. Port 800 N. Water 817 N. Carancahua 600 EIizabeth 712 Booth Unknown address 3902 Morgan 1815 Howard 5523 S. Alameda Unknown address Cost pate Site No. $100,00 1941 50,000 1948 60,000 1945 S -I59 500,000 1952 S -019D 100,000 1952 S -190 350,000 1952 1,000,000 1954 S -188 75,000 35,000 60,000 28,000 28,000 18,000 40,000 17,000 15,000 30,000 20,000 100,000 70,000 50,000 90,000 20,000 100,000 200,000 100,000 170,000 1945 1946 C -185 1947 C -186D 1947 C -1861 1947 C -189D 1947 1948 1948 C -188 1948 1950 C-048 1950 1951 1951 C -185 1951 1951 1951 c. 1954 1946 1949 W-044D 1953 45,000 1943 T-032 60,000 1947 30,000 1951 67,000 1949 75,000 1949 50,000 1950 80,000 1950 City -Wide Historic Survey Phase HS in Corpus Christi, Texas April 1995 Page 14 of 15 -351- Band Shell Residential Attachment I Page 21 of 21 Peoples St THead 15,000 1951 P -037 RH Hawn Residence 3200 Santa Fe 100,000 1939 S -181 Averill Residence Unknown address 35,000 1940 Durham Residence 4021 Ocean Dr 40,000 1940 Rayburn R Darden Residence 3402 Austin 30,000 1948 WH Hawn Residence 3202 Santa Fe 75,000 1948 Singer Residence 1338 Florida 100,000 1949 Trauernmann Residence Unknown address 45,000 1949 Dr EA Danford Residence 230 Indiana 40,000 1949 Giles Residence 820 Furman (.possible) 50,000 1950 Massad Residence Unknown address 55,000 1951 John D Hawn Residence 15 Hewitt 120,000 1951 Butt Residence Add'n 3700 Ocean Dr 60,000 1951 Sam & Ada Wilson Res (tower) 3745 Ocean Dr 65,000 1951 0-040 Allen Residence Unknown address 25,000 1951 Jones Residence Unknown address 42,000 1951 Ross Residence Unknown address 18,000 1951 Galloway Selby Residenc 3120 Santa Fe (possible) 50,000 1952 Thos Gallander Residence 321 Claremore 15,000 1952 George Hawn Residence 24 Hewitt Dr 80,000 1952 Kenedy Family Town Home 3350 S. Alameda Unknown A-087 (Now SL Patrick's Rectory) Housing Slum Clearance, 200 Units (Leathers II) Misc BPOE Club House 1800 Winnebago 2,123,000 1952 W -038 501 S. Water 70,000 1952 Partial List Taken from the Files of Richard S. Colley in possession of his son R. Stewart Colley and Historic Site Survey Files. Addresses and site numbers added by Project Historian during Phase IIB Corpus Christi Historic Site Survey. City -Wide Historic Survey Phase 11B in Corpus Christi, Texas April 1995 Page 15 of 15 • Attachment II Page 1 of 7 -; `- City of Corpus — — s hr Asti Memorandum Office of the City Manager Date: November 25, 2009 To: Mayor and Council From: `Angel R. Escobar, City Manager Subject: Memorial Coliseum Site Negotiations To keep you informed, attached is the letter sent today (Attachment A) to the National Swimming Center Corporation (NSCC) in response to the letter received from the NSCC dated November 16 that was not received by us until November 18 (Attachment B) and phone conference held on November 20, 2009. Please contact my office should you have any questions. XIMEIMILIT MINN MIRY HYMN kanOttosoftivois City of Corpus Christi 'Angel R. Escobar CITY MANAGER PO Box 9277 Corpus Christi Texas 78469 -9277 Phone 361-826-3220 Fax 361- 880 -3839 www.cctexas.com Attachment II Page 2 of 7 November 25, 2009 Sal Panico National Swimming Center Corporation 3300 North 1H 35 Austin, Texas 78795 Re: Response to Letter Regarding Coliseum Site Negotiations Dear Sal, This letter is in response to your letter dated November 16 that was not received by us until November 18. We held a telephone conference call on Friday, November 20, 2009, in which the following persons participated: Sal Panico, Andy Sarwal, John Mcllhargy, Fred Yeo, 'Angel Escobar, Irma Caballero, John Bell and Saundra Thaxton. For future reference, the individuals designated to represent the NSCC and the City in the negotiations process are: For the National Swimming Center Corporation: Sal Panico - Director, National Swimming Center Corporation of Corpus Christi Fred Yeo, President, National Swimming Center Corporation of Corpus Christi In consulting roles are John Mcllhargy and Andy Sarwal For the City of Corpus Christi: 'Angel Escobar, City Manager Irma Caballero, Economic Development Director John Bell — Attorney The topics raised in your letter were discussed, and based on our discussion we are providing the following written responses: 1. "First and most important is that the Seven Million Dollars requested by NSCC in their proposal be provided. These funds were the basis of the economic model and are necessary to offset the financial burden of the project!' CITY RESPONSE: The City will make available no more than $2,000,000 as a cash contribution for the redevelopment of the Coliseum upon receiving assurance that the project is funded and ready to proceed. Funds will be advanced as and when construction is underway. -354- Attachment II Page 3 of 7 There additionally is potential to reinvest the new property and sales tax revenue generated from the Memorial Coliseum site with the project. Please note that the City's ad valorem tax rate is $0.563846 per $100.00 of assessed valuation and the sales tax rate is one percent of taxable sales. As we mentioned on the telephone, approval of reinvestment of the new property taxes generated from the project is subject to approval by the Reinvestment Zone Board of Directors, but we will actively seek that approval. 2. "Second is the limitation of building heights and density and their impact on the development and use of the site. This will result in a negative impact on the return of the investment thereby placing the financial success of the project in question." CITY RESPONSE: The City is firm that the project should have a minimum of 30% of open space with visual and pedestrian corridors extending east -west connecting the rerouted Shoreline Drive and the new Boardwalk on the Bayfront. All open spaces should be accessible to the public. The City Council also has stated that any buildings be no higher than 55 feet in order to maintain a sense of scale with the Coliseum building. The final site plan and building elevations are subject to review and approval by the City Council, and if you desire any variances to the above requirements detailed information will need to be submitted. 3. "In the present lending atmosphere, the 60 year land lease limits the opportunities of obtaining financing for the hotel and other non aquatic components of the project. ". CITY RESPONSE: The City Charter only provides for a maximum lease term of 60 years, inclusive of any options or renewals. Any leases for submerged lands are limited to 5 years without specific voter approval. These City Charter provisions may not be changed by the City Council. 4. "The road realignment project schedule will play a significant part in the opening of the complex and possible financial success of the project. Unless the work can be accelerated and a timeline guaranteed in reasonable conformance to that presented in our proposal, the project cannot sustain the financial impact of an opening later than December 2012." [You also requested in the telephone conference to be designated as the construction contractor for the project.] CITY RESPONSE: The City will work cooperatively with NSCC to ensure the project is completed 3 to 6 months before the opening date of the Swimming Center development. The -355- Attachment II Page 4 of 7 City has experience in the completion of road work of this nature, and the current project at the north end of Shoreline Drive is nearing completion as scheduled. The City cannot designate the NSCC as the construction contractor for the street realignment project, but it will be competitively bid. NSCC will be notified of the bid solicitation and can submit a bid for the project. In any event, the City will include representatives of NSCC in the planning and project implementation meetings and coordinate the work and the timetable with NSCC throughout the street project. The phone conference concluded with an agreement that another phone conference or in- person meeting in Corpus Christi will be scheduled during the week of November 30th Once you have had a chance to review these responses, please contact me as soon as possible regarding the scheduling of our next meeting. Very truly yours, 'Angel R. Escobar City Manager Copies to: Negotiations Team (via email) -356- November 16. 2009 City of Corpus Christi: Corpus Christi, Texas Attention: Irma Caballero For Distribution to City Council Re: Memorial Coliseum Project Council and Citizens: Attachment II Page 5 of 7 The NSCC has been proud to have taken part in the process for the Downtown development project at the Memorial Coliseum. We have made many friends while working with many diverse citizens groups and energized the local swimming community in ways still yet realized. Our organization, has come to see a long term vision for the city that could make it one of the great American cities. We would be honored to be a small spark to that vision and continue to be interested in the project. While the suitability of the property for development continues to be in question, the suitability of the building is not. The Memorial Coliseum is a gem that can be restored to future greatness with a new, invigorated community purpose, maintaining its position of the Veterans memorial and anchor to the new bay front district. The City Council has to make some very difficult decisions soon as to the fate of this project and the fate of downtown development. Regardless of the city's decision, we understand that development projects can be killed but not good ideas. So I hope we offered some good ideas in the process. As the City deliberates the fate of this project, it will have few options: (1) Vote to tear down the Coliseum and make a larger park, (2) Vote to tear down the Coliseum and while studying the asbestos removal, continue to negotiate with the NSCC or (3) Vote not to tear down the Coliseum and look for another adaptive use. We know it's a difficult decision. Stunting tourist related development in this area will check any concept of a new urban renaissance for the city. If the city would like to open up negotiations with the NSCC we make the following representations as the starting point: 3300 North IN 35, Austin, Texas 78795 Phone (512) 963 -2041 I Fax (512) 535-5498 www.nationalswimming.org -357- Attachment II Page 6 of 7 1. The NSCC stands by its original proposal and parameters for the retrofit and renovation of the Coliseum as a new world class aquatic center. 2. The NSCC will work with the city to determine an appropriate development concept for the area that supports the new center. 3. The NSCC maintains its financial guarantee from Alexandrina for financial ability and development support. As viewed by Irma Caballero. 4. The NSCC has the financial ability to perform the renovation of the facility given the city and NSCC can agree on project development parameters. 5. The NSCC has signed its agreement with the USA Swimming Foundation, resolving any issue related to USA Swimming - sanctioned swimming events. 6. The NSCC will operate and maintain the aquatic center. 7. The NSCC will manage events, (bid for and create) for the benefit of generating new tourist development revenues for the city. It will be hard to guarantee certain individual events until such time when we start construction but USA Swimming Foundation has already agreed to support event branding. 8. The NSCC has the people and resources available for the successful outcome of the project. 9. The NSCC will maintain the facility as a fee based public use space offering health, wellness and learn to swim programs, specialized sports performance facilities and community events. 10. The NSCC will maintain the facility as a memorial for those that gave all for our country. It should be made clear; however, that in order for this project to be successful for the City of Corpus Christi, NSCC and the Swimming Community, certain conditions must be met by the TCCC. The conditions presented to NSCC resulting from the unsuccessful negotiations with the fast developer were reviewed by NSCC. Some conditions can be accepted, some are problematic and others NSCC fines unacceptable. 1. First and most important is that the Seven Million Dollars requested by NSCC in their proposal be provided. These funds were the basis of the economic model and are necessary to offset the financial burden of the project. 2. Second is the limitation of building heights and density and their impact on the development and use of the site. This will result in a negative impact on the return of the investment thereby placing the financial success of the project in question. 3. In the present lending atmosphere, the 60 year land lease limits the opportunities of obtaining financing for the hotel and other non aquatic components of the project. 3300 North 1H 35, Austin, Texas 78795 Phone (512) 963 -2041 I Fax (512) 535 -5498 www.nationalswimming.org -358- Attachment II Page 7 of 7 4. The road realigninent project schedule will play a significant part in the opening of the complex and possible financial success of the project. Unless the work can be accelerated and Guaranteeba timeline in reasonable conformance to that presented in our proposal, the project cannot sustain the financial impact of an opening later than December 2012. Unless the work can be accelerated and a timeline guaranteed, the project cannot sustain the financial impact of an opening later than December 2012. It should be clearly noted that these requirements were defined in our proposal and have not varied. If these conditions can be resolved in some form and manner, NSCC will be ready and willing to enter into negotiations with the City of Corpus Christi to first conduct a Development study on a cost - shared basis with the City which will establish the bases of the partnership between TCCC and NSCC. We look forward to a continued relationship with the City of Corpus Christi. Good Luck. / "Sincerely Sal P ico Director National Swimming Center Corporation (631) 848 -2737 Direct 3300 North IH 35, Austin, Texas 78795 Phone (512) 963 -2041 j Fax (512) 535 -5498 www.nationalswimming.org -359- TO: FROM: DATE: RE: WOOD, BOYKIN & WOLTER A Professional Corporation 615 N. Upper Broadway, Suite 1 100 Corpus Christi, Texas 78477 (361) 888 -9201 FAX (361) 888-8353 MIMORANDUM Mayor Adame and Members of the ' y Council John D. Bell November 25, 20 Title Insurance Commitment Concerning Coliseum Site (attached) Attachment III Page 1 of 11 The City Legal Department contacted Security Title in order to obtain a Commitment for Title Insurance concerning the Coliseum Site. The Commitment has been issued on behalf of Commonwealth Land Title Insurance Company, a company authorized to do business in "Texas. The Commitment is for the name of a party and lender 'l'O BI DETERMINED" and also would be subject to the inclusion of more specific information concerning. the date of the Lease describing the leasehold interest being insured. The property covered by the Commitment includes the parcel patented by the State of Texas to the City between the existing lanes of Shoreline Drive south of Kinney Street and north of Park Avenue. A survey or replat of the property will be required in order to obtain a more definitive legal description. The Commitment notes only one instrument creating a restriction which is identified in Schedule 13, Section 1 and again in Section 10.i. That instrument pertains to the conveyance of property in 1940 to Carrie Lichtenstein having 85 feet of frontage on Shoreline approximately 70 feet north of Park Avenue, immediately across from the present Memorial Coliseum. The restriction prohibits the construction of "any building other than for ornamental or governmental purposes" on the City's retained property east of this tract. As a result, it could limit some of the future use of that portion of the property where the Coliseum is currently located. In Schedule C, the Commitment also notes that the "Company requires satisfactory evidence the lease transaction was properly authorized by the City of Corpus Christi with a specific finding that the lease is in the best interest of the City." No other requirements are specified other than the ones on the printed Commitment form. Commitments for Title Insurance are issued in Texas at no cost. The only fees or charges to be incurred would be insurance premiums and closing costs paid in the event one or more policies of Title Insurance are issued by the company at some time in the future. F:12784 19 Col ileum \Memo- Council-09- 1 125 -1 I -15• rev.doc Attachment III Page 2 of 11 COMMITMENT FOR TITLE INSURANCE SCHEDULE Effective Date: November 5, 2009, 8:00 am G.F. No. or File No, 094887945 issued: November 16, 2009, 8:00 am (if applicable) The policy or policies to be issued are: (a) OWNER POLICY OF TITLE INSURANCE (Form T -1) (Not applicable for improved one -to -four family residential real estate) Policy Amount: PROPOSED INSURED: TO BE DETERMINED (b) TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE ONE-TO-FOUR FAMILY RESIDENCES (Form T -IR) Policy Amount: PROPOSED INSURED: (c) MORTGAGEE POLICY OF TITLE INSURANCE (Form T -2) Policy Amount: PROPOSED INSURED: Proposed Borrower: • TO BE DETERMINED (d) TEXAS SHORT FORM RESIDENTIAL MORTGAGEE POLICY OF TITLE INSURANCE (Form T -2R) Policy Amount: PROPOSED INSURED: Proposed Borrower: (e) MORTGAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T-13) Binder Amount: PROPOSED INSURED: Proposed Borrower: (f) OT }-}1R Policy Amount: PROPOSED INSURED: 2. The interest in the land covered by this Commitment is: Leasehold Estate • 3. Record title to the land on the Effective Date appears to be vested in: CITY OF CORPUS CIIRIS'I'I, TEXAS, A MUNICIPAL CORPORATION VIA: Patent Deed dated January 4, 1924, from the State of Texas to City of Corpus Christi, recorded under Clerk's File No. 13211, Volume 144, Page 626, Deed Records of Nueccs County, Texas; and in Patent issued by the State of Texas to the City of Corpus Christi, recorded under Clerk's File No. 209484, Volume 312, Page 269, Deed Records of Nueces County, "Texas. 4. Legal description of the land: All that certain tract, piece or parcel of land being a portion of STATE ABSTRACT NO. 2673, SURVEY 803, situated in the City of Corpus Christi, Texas, and being more particularly described as a portion of an Un- Nunibered Shoreline Block, located South of Sheri!! Park, bounded on the North by .Kinney Street, on the East and West by Shoreline Boulevard, and on the South by Park Avenue, as shown on the map of "TILE BAYFRONT PLAN OF CORPUS CFIRIS'I'I, TEXAS ", recorded in Volume 9, at Pages 38 to 41, inclusive, Map Records of Nueces County, Texas, and being more particularly described by metes and bounds as follows, to -wit: (Secure a current on the ground survey showing the exact boundaries of the property to be conveyed in the current transaction.) Commonwealth Land Title Insurance Company -361- Attachment III Page 3 of 11 COMMITMENT FOR TITLE INSURANCE SCHEDULE 13 EXCEPTIONS FROM COVERAGE In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attorneys' fees, and expenses resulting from: 1. The following restrictive covenants of record itemized below (We must either insert specific recording data or delete this exception): Clerk's File No. 152945, Volume 260, Page 227, Deed Records of Nueces County, Texas. RESTRICTIONS INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (a) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 Of THE UNITED STATES CODE OR (b) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS, ARE HEREBY DELETED TO THE EXTENT SUCH RESTRIC'T'IONS VIOLATE 42 USC 3607 (C). 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements_ 3. Homestead or community property or survivorship rights, if any, of any spouse of any insured. (Applies to the Owner Policy only). 4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments or other entities, a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs Or oceans, or b. to lands beyond the line of harbor or bulkhead lines as established or changed by any government, or c. to filled -in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that area or easement along and across that area. (Applies to the Owner Policy only.) 5. Standby fees, taxes and assessments by any taxing authority for the year 2010, and subsequent years; and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11.13, Texas Tax Code, or because of improvements not assessed for a previous tax year. (If Texas Short Form Residential Mortgagee Policy (T -2R) is issued, that policy will substitute "which become due and payable subsequent to Date of Policy" in lieu of "for the year and subsequent years. ") 6. The terms and conditions of the documents creating your interest in the land. 7. Materials furnished or labor performed in connection with planned construction before signing and delivering the Hen document described in Schedule A, if the land is part of the homestead of the owner. (Applies to the Mortgagee Title Commonwealth Land Title Insurance Company Attachment III Page 4 of 11 Continuation of Schedule B G.F. No. 094887945 Policy Binder on Interim Construction Loan only, and may be deleted if satisfactory evidence is furnished to us before a binder is issued.) 8. Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured mortgage. (Applies to Mortgagee Policy (T -2) only.) 9. The Exceptions from Coverage and Express Insurance in Schedule 13 of the Texas Short Form Residential Mortgagee Policy (T -2R). (Applies to Texas Short Form Residential Mortgagee Policy ('I' -2R) only. Separate exceptions 1 through 8 of this Schedule B do not apply to the Texas Short Form Residential Mortgagee Policy (T -2R). 10. The following matters and all terms of the documents creating or offering evidence of the matters (We must insert matters or delete this exception.): a. Rights of Parties in Possession. (Owner's Policy Only) tx Any visible and apparent unrecorded easements on the insured property. (Owner's Policy Only) c. Rights of tenants in possession under any and all outstanding lease agreement recorded or unrecorded cE Building, Zoning, Platting and Regulatory Ordinances of the City of Corpus Christi, Texas. e. Exception and Reservation of all nines and minerals and mineral rights, including oil and gas in and under said land, together with the right to enter thereon for the purpose of development, by the State of Texas in Patent issued by l'at M. Neff, Governor of the State of Texas to the City of Corpus Christi, Texas, dated January 4, 1924, recorded under Clerk's File No.13211,Volune 144, Page 626, Deed Records of Nueces County, Texas; together with all rights incident to the owners and lessees of the minerals. Title to said interest not checked subsequent to date of aforesaid instrument. g. Exception and Reservation of all mines and minerals and mineral rights, including oil and gas in and under said land, together with the right to enter thereon for the purpose of development, by the State of Texas in Patent issued by Coke R. Stevenson, Governor of the State of Texas to the City of Corpus Christi, Texas, dated July 6, 1945, recorded under Cleric's File No. 249484,Vohune 312, Page 269, Deed Records of Nueces County, Texas; together with all rights incident to the owners and lessees of the minerals. Title to said interest not checked subsequent to date of aforesaid instrument. Al! of the oil, gas and other minerals, together with rights appurtenant thereto, are EXCLUDED FROM COVERAGE under this policy, the entire mineral estate having been reserved unto predecessors in title, and subject to any valid oil and gas leases affecting the above described property, but only to the extent still effective and of record in the office of the County Clerk of Nueces County, Texas. h. ANY TITLES OR RIGHTS asserted by anyone, including but not limited to persons, corporations, governments or other entities to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs, or oceans or to any land extending from the line of mean low tides to the line of vegetation, or to lands beyond the line of the harbor or bulkhead sines as established or changed by any government or to filled lands, or artificial islands, or to riparian rights or the rights or interest of the State of Texas, or the public generally in the area extending from the fine of mean low tide to the line of vegetation or their rights of access thereto or right to easement along and across the same. Commonwealth Land Title Insurance Company Attachment III Page 5 of 11 Continuation of Schedule B G.F. No. 094887945 J. TERMS, PROVISIONS AND CONDITIONS as contained in Deed dated June 24, 1940, executed by the City of Corpus Christi, Texas, to Carrie Lichtenstein, a feme sole, recorded under Clerk's File No. 152945, Volume 260, Page 227, Deed Records of Nueces County, Texas. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the land. k. All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges and immunities relating thereto, appearing in the Public Records whether listed in Schedule B or not. There may be leases, grants, exceptions or reservations of mineral interest that are not listed. Commonwealth Land Title Insurance Company -364- Attachment III Page 6of11 COMMITMENT FOR TITLE INSURANCE SCHEDULE C Your Policy will not cover loss, costs, attorneys' fees, and expenses resulting from the following requirements that will appear as Exceptions in Schedule 13 of the Policy, unless you dispose of these matters to our satisfaction, before the date the Policy is issued: 1. Documents creating your title or interest must be approved by us and must be signed, notarized and filed for record. 2. Satisfactory evidence must be provided that: a. no person occupying the land claims any interest in that land against the persons named in paragraph 3 of Schedule A, b. all standby fees, taxes, assessments and charges against the property have been paid, c. all improvements or repairs to the property are completed and accepted by the owner, and that all contractors, subcontractors, laborers and suppliers have been fully paid, and that no mechanic's, laborer's or materialmen's liens have attached to the property, ,d. there is legal right of access to and from the land, e. (on a Mortgagee Policy only) restrictions have not been and will not be violated that affect the validity and priority of the insured mortgage. 3. You must pay the seller or borrower the agreed amount for your property or interest. 4. Any defect, lien or other matter that may affect title to the land or interest insured, that arises or is filed after the effective date of this Commitment. S. The insured trasaction purports to be a lease of the Lind by the City of Corpus Christi. Company requires satisfactory evidence the lease transaction was properly authorized by the City of Corpus Christi with a specific finding that the lease is in the best interest of the City. If the insured transaction is a sale of the property, Company reserves the right to make additional requirements and /or exception. Commonwealth Land Title Insurance Company -365- Countersigned Security Escrow & Title, L.L.C. dba Security Title By Authorized Signature Attachment III Page 7 of 11 COMMITiMENT FOR TITLE INSURANCE SCUIEDULE D G.F. No. or File No. 094887945 Effective Date: November 5, 2009, 8:00 am Pursuant to the requirements of Rule P -21, Basic Manual of Rules, Rates and .Forms for the writing of Title Insurance in the State of Texas, the following disclosures are made: 1. The following individuals are directors and /or officers, as indicated, of the Title insurance Company issuing this Commitment Commonwealth Land Title Insurance Company is a wholly owned subsidiary of Chicago Title Insurance Company, a Nebraska Corporation. . Commonwealth Land Title Insurance Company's officers and directors are as follows: OFFICERS Raymond R. Quirk, Chairman of the Board, President & Chief Executive Officer Anthony John Park, Executive Vice President Michael Louis Gravelle, Executive Vice President and Corporate Secretary Daniel K. Murphy, Senior Vice President and Treasurer DIRECTORS Christopher Abbinante Roger Scott Jewkes Theodore L. Kessner Erika Meinhardt Anthony John Park Raymond R. Quirk 2. The following disclosures are made by the Title Insurance Agent issuing this commitment: Security Escrow & Title, L.L.C. dba Security Title: a. The names of each shareholder, owner, partner or other person having, owning or controlling (1 %) or more of the Title Insurance Agent that will receive a potion of the premium are as foliows: Mark 13. Gilbreath, Member; Bradley A. Smith, Member; Robert C. Morris, Member; Betty DcReese, Member. b. Each shareholder, owner, partner or other person having, owning or controlling I0% or more of an entity that has, owns or controls I% or more oldie Title Insurance Agent that will receive a portion of the premium are as follows: rn /a c. The following persons are officers and directors of the Title Insurance Agent: Security Escrow & Title, L.L.C. d /b /a Security Title is a member- managed limited liability company managed by the members named above. 3. You are entitled to receive advance disclosure of settlement charges in connection with the proposed transaction to which this commitment relates. Upon your request, such disclosure will be made to you Additionally, the name of any person, fine or corporation receiving a portion of the settlement of this transaction will be disclosed on the closing or settlement statement. You are further advised that the estimated title premium" is: Owners Policy $0.00 Mortgagee Policy $0.00 Endorsement Charges $0,00 Other $0.00 Total $0.00 Of this total amount: 15% will be paid to the policy issuing Title Insurance Company: 85% will be retained by the issuing Title Insurance Agent; and the remainder of the estimated premium will be paid to other parties as follows: Amount To Whom For Services "The estimated premium is based upon information furnished to us as of the date of this Commitment for Title Insurance. Final determination of the amount of the premium will be made at closing in accordance with the Rules and Regulations adopted by the Commissioner of Insurance. This commitment is invalid unless the insuring provisions and Schedules A, B, and C are attached. Commonwealth Land Title Insurance Company Attachment III Page 8 of 11 TEXAS TITLE INSURANCE CE INFORMATION Title insurance insures you against loss resulting from certain risks to your title. The Commitment for Title insurance is the title insurance company's promise to issue the title insurance policy. The Commitment is a legal document. You should review it carefully to completely understand it before your closing date. El seguro de titulo le ascgura en relation a perdidas resultantes de ciertos riesgos clue pueden afcctar of titulo de su propiedad. El Compromiso Para Seguro de Titulo es la promesa de la compania aseguradora de titulos de etnitir la poliza de segurode titulo. El Comprotniso es un documento legal. Usted debe leerio cuidadosamente y entendario completamente antes do la fccha para finalizar su transaction. Your Commitment for Title Insurance is a legal contract between you and us. The Commiunent is not an opinion or report of your title. It is a contract to issue you a policy subject to the Commitment's terms and requirements. 13elbre issuing a Commitment for Title Insurance (the Commitment) or a Title insurance Policy (the Policy), the Title Insurance Company (the Company) determines whether the title is insurable. This determination has already been made. Part of that determination involves the Company's decision to insure the title cscept for certain risks that will not be covered by the Policy. Some of these risks are listed in Schedule 13 of the attached Commitment as Exceptions. Other risks are staled in the Policy as Exclusions. These risks will not be covered by the Policy, Minerals and Mineral !tights may not be covered by the Policy. The Company may be unwilling to insure title unless lhcrc is an exclusion or an exception as to Minerals and Mineral Rights in the Policy. Optional endorsements insuring certain risks involving minerals, and the use of improvements (excluding lawns, shrubbery and trees) and permanent buildings may be available for purchase. Neither this Policy, nor the optional endorsements, insure that the purchaser has title to the mineral rights related to the surface estate. Another part of the determination involves whether the promise to insure is conditioned upon certain requirements being met. Schedule C of the Commitment lists these requirements that must be .satisfied or the Company will refuse to cover them. You may want to discuss any matters shown on Schedules 13 and C of the Commitment with an attorney. These matters will affect your title and your use oldie land. When your Policy is issued, the coverage will be limited by the I'olicy's Exceptions, Exclusions and Conditions, defined below. - EXCEPTIONS are title risks than a Policy generally covers but (toes not cover in a particular instance. Exceptions are shown on Schedule 13 or discussed in Schedule C of the Commitment. They can also be added if you do not comply with the Conditions section of the Commitment. when the Policy is issuers, all Exceptions will be on Schedule 13 of the Policy. - EXCI.t1SIONS are title risks that a Policy generally does not cover. Exclusions are contained in the Policy but not shown or discussed in the Commitment. CONDtT1ONS are additional provisions that qualify or limit your coverage. Conditions include your responsibilities and those oldie Company. They are contained in the Policy but not shown or discussed in the Commitment. The Policy Conditions arc not the saute as the Commitment Conditions. You can get a copy of the policy form approved by the State Board of Insurance by calling the Title Insurance Company at or by calling the title insurance agent that issued the Commitment. The State Board of insurance may revise the policy font from time to time. You can also get a brochure that explains the Policy from ilia texas Department of Insurance by calling 1- 800 -252 -3439. Before the Policy is issued, you may request changes in the Policy. Some ol'the changes to consider tire: - Request amendment of the "area and boundary" exception (Schedule 13, paragraph 2). To get this amendment, you must furnish a survey or comply with other requirements of the Company. 011 the Owner Policy, you must pay an additional premium for the amendment. If the survey is acceptable to the Company or if the Company's other requirements arc met, your Policy will insure you against loss because of discrepancies or conflicts in boundary lines, encroachments or protrusions, or overlapping of improvements. The Company may then decide not to insure against specific boundary or survey problems by making special exceptions in the Policy. whether or not you request amendment attic "area and boundary" exception, you should dctennine whether you want to purchase and review a survey if a survey is not being provided to you - Allow the Company to add an exception to "rights of parties in possession." If you refuse this exception, the Company or the title insurance agent may inspect the property. The Company may except to and not insure you against the rights of specific persons, such as renters, adverse owners or easement holders Who occupy the land. The Company may charge you for the inspection. 1 fyou want to stake your own inspection, you must sign a waiver of Inspection fora and allow the Company to add this exception to your Policy. The entire premium for a Policy must be paid when the Policy 15 issued. You will not owe any additional premiums unless you want to increase your coverage at 0 later date and the Company agrees to add an Increased Value Endorsement. Commonwealth Land Title Insurance Company -367- Continuation of Texas Title Information Attachment III Page 9 of 11 G.F.No. 094887945 1NIPORTANf NOTICE FOR INFORMATION, OR 10 MAKE A COMPLAINT, CALL OUR TOLL - FREE TELEPHONE NUMBER (8110) 925 -0965 A1,50, YOU MAY CONTACT TI-1E 1TXAS DEPARTMENT OF INSIIRANCEA'1' 1- 800 -252 -3439 to obtain information on: 1. tiling a complaint against an insurance company or agent, 2. whether an insurance company or agent is Licensed, 3. complaints received against an insurance company or agent, 4, policyholder rights, and 5. a list of consumer publications and services available through the Department. YOU MAY ALSO WRITE TO: The Texas Department of Insurance P.O. Box 149104 Austin, Texas 7871+ -9104 FAX No (512) 475-1771 AVISO 1MPOR'I'ANTE PARA INFORMACION, 0 PARA SOMETER UNA QUEJA LLAME AL NUMERO GRATIS (800) 925-0965 TAMB1EN PUEDE COMUNICARSE CON EL DE:PARTAMINTO DE SEGUR.OS DE'TEXASAL. 1-800-252-3439 Para obtoner inlbrmacuin sobre: 1. comp sonn:ter una queja en contra de una compaifia de seguros o agente de seguros, 2. si una comparilia de seguros o agente de seguros tiene I icencia, 3. queias recibidas en contra de una coml..alia de seguros o agente de seguros, 4. los derechos del asegurado, y 5. una lista de publicaciones y servicios para consumidores disponibles a (raves del Ucpartamento. TAMI3IEN PUEDE ESCR)BIR AL: Departamento de Seguros de Texas P.0 -.Box 149104 Austin, Texas 78714 -9104 FAX No. (512) 475.1771 THE FOLLOWING COMMITMENT FOR T1TLE INSURANCE IS NOT VALID UNLESS YOUR NAME AND THE POLICY AMOUNT ARE SHOWN IN SCHEDULE A, AND OUR AUTIIORIZED REPRESENTATIVE HAS COUNTERSIGNED BELOW. Commonwealth Land Title Insurance Company Attachment III Page 10 of 1 l DELETION OF ARBITRATION PROVISION (Not Applicable to the Texas Residential Owner Policy) Arbitration is a common form of alternative dispute resolution. It can be a quicker and cheaper means to settle a dispute with your Title Insurance Company. However, if you agree to arbitrate, you give up your right to take the Title Company to court and your rights to discovery of evidence may be limited in the arbitration process. In addition, you cannot usually appeal an arbitrator's award. Your policy contains an arbitration provision (shown below). It allows you or the Company to require arbitration if the amount of insurance is $2,000,000 or less. if you want to retain your right to sue the Company in case of a dispute over a claim, you must request deletion of the arbitration provision before the policy is issued. You can do this by signing this form and returning it to the Company at or before the closing of your real estate transaction or by writing to the Company. The'Arbitration provision in the Policy is as follows: "Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ( "Rules "). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured, unless the Insured is an individual person (as distinguished from an Entity). All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction." I request deletion of the Arbitration provision. Signature Date Commonwealth Land Title Insurance Company -369- Attachment III Page 11 of 11 Continuation of'Summary Page G.F.No. 094887945 Privacy Policy Notice May 7, 2001 Security Escrow & Title, L.L.C. dba Security Title PURPOSE OF THIS NOTICE Title V of the Gramm -Leach Bliley Act (GLI3A).generally prohibits any financial institution, directly or through its affiliates, from sharing non- public personal information about you with a non - affiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Security Escrow & Title, L.L.C. dba Security Title, We may collect non - public personal information about you from the following sources: - information we receive from you such as on applications or other forms. - Information about your transactions we secure from our files, or from others. -Information we receive from a consumer reporting agency. - Information that we receive from others involved in your transaction, such as the real- estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional non - public personal itlfornnttion will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to non- affiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types ofnon- affiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements; - Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. - Non - financial companies such as envelope starers and other fulfillment service providers. WE DO NOT DISCLOSE: ANY NON - PUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to non - public personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your non - public personal information. Cotrttnonwealth Land "Title Insurance Company —370— 28 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: December 8, 2009 AGENDA ITEM: Ordinance renaming the park located at 3221 Richmond at Up River Road and IH 37 from "Jackson Woods Park" to Matthew Thebeau Memorial Park. ISSUE: The City has established a formal policy for facilities. The City, through the Parks and Recreation Department, received a renaming request from Assistant Chief Mike Walsh for Jackson Woods Park. BOARD /COMMITTEE REVIEW: The Parks and Recreation Advisory Committee (PRAC) voted at their July 8, 2009 meeting to support this request and begin the 60 day process of due diligence research and public notification. Public comments from park neighbors against the renaming were received. Support from the Corpus Christi Police Department was received. During the regular PRAC meeting on October 14, 2009, by a four to three majority, the PRAC voted to recommend the City Council approve the request to rename Jackson Woods Park to Matthew Thebeau Memorial Park. REQUIRED COUNCIL ACTION: The City Council must approve the naming of all City facilities, parks, and recreation facilities. That process is finalized by the adoption of an ordinance. CONCLUSION AND RECOMMENDATION: It is recommended that the renaming of Jackson Woods Park to Matthew Thebeau Memorial Park be approved. Stacie Talbert, Interim Director Parks and Recreation Department 361 - 826 -3464 StacieTCa cctexas.com Attachments: Background Information Staff Due Diligence Report Request to rename park Council Policy Information for Naming of City Parks and Recreational Facilities BACKGROUND INFORMATION The Jackson Woods Park is a 2.29 acre park located at 3221 Richmond, at Fair Oaks and Up River Road. Similar ordinances have been requested by the Parks and Recreation Advisory Committee (PRAC) and approved by the City Council. Such requests have included the renaming of Gypsy Park as Don and Sandy Billish Park, in February 2002, the renaming of Meadowbrook Park to Dan Whitworth Park in December 2003, the renaming of Midway Park to Nancy Todd Garrett Memorial Park on June 28, 2005, and Southside Park was renamed Mike Zepeda Park on January 31, 2006. Jackson Woods Park Renaming Project To Memorial Park Due Diligence Report October 14, 2009 On July 1, 2009, Sally Gavlik, City of Corpus Christi, Parks and Recreation Director received a request from Assistant Police Chief, Mike Walsh to rename Jackson Woods Park Matthew Thebeau Memorial Park. The Parks and Recreation Advisory Committee received the request at their July 8, 2009 meeting. The committee requested staff complete their due diligence report for the October 14, 2009 meeting. Public notification signs were posted at the park property on July 21, 2009. Notification fliers were delivered to 27 property owners within one and one -half miles of the site on July 22, 2009. Part of the public notice was an invitation to attend the Parks and Recreation Advisory Committee meeting on August 12, 2009. Citizen, Mr. Larry Bell of 3221 Manassas Lane addressed the committee to express his opposition. Mr. Bell has lived in the neighborhood since 1981. He states the sub- division was platted in the 1960s with the park being completed in 1981. The sub - division was named by the original developer who was a Civil War enthusiast. Therefore, all streets carry names of that period. Their previous neighborhood association disbanded several years ago as its need was outgrown by the community. Mr. Bell noted the approximate thirty year history of reference to the park as Jackson Woods. He doesn't feel there is need for a new name that doesn't correspond with the rest of the neighborhood. Mr. Bell also suggested a centralized park to honor all fallen First Responders, similar to the Veterans area at Sherrill Park. He considers Woods Park to be too small, not visible enough, and basically not good enough for this recognition. Mr. Bell noted about six others recently killed in the line of duty including Lt. Alexander, and the upcoming 911 Anniversary. With those considerations, he urged the committee to look for a bigger, more central location for a First Responders Memorial Park site. Final public announcement was published in the Caller Times on September 6, 2009 and September 7, 2009. To date, there have been five (5) phone conversations recorded expressing opposition to the renaming request. To date, there have been three (3) email messages recorded in support of the renaming request. Copies of those responses are also attached. Staff Recommendation: This proposal is being submitted to the Parks and Recreation Advisory Committee to meet the 60 day policy requirement. However, the Parks and Recreation Department can only recommend this item be tabled until the neighbors and Police Department can meet to discuss any concerns and return to the committee their recommendation. The Parks and Recreation Department can facilitate this meeting. Sally Gavlik, Director Parks and Recreation (361) 826 -3464 Addendum to Due Diligence Report: Additional notices of support were distributed at the October 14th meeting. Those copies are also attached. After much discussion the committee agreed to vote on the item. There were four (4) members supporting the name change and three (3) members against the name change. By a four to three majority, the committee voted to recommend to City Council the name of Jackson Woods Park be changed to Matthew Thebeau Memorial Park. -375- (pg 2, Due Diligence Report) Caller Times Newspaper Publication September 6, 2009 and September 7, 2009 The public is hereby notified in compliance with the Corpus Christi Code of Ordinance, the Corpus Christi Parks and Recreation Department is considering Renaming Jackson Woods Park at 3221 Richmond at Upriver Road and IH 37. This item will be discussed at the Parks and Recreation Advisory Committee meeting, September 8, 2009, 5pm, City Hall Sixth Floor Conference Room. You are invited to attend the meeting, or contact Parks and Rec at 826 -3463 with your comment or question. (pg 3, Due Diligence Report) Park notification posted at park on July 21, 2009 Flier distributed to park neighbors on July 22, 2009 The City Corpus Christi, Parks and Recreation Department has received a request to rename Jackson Woods Park, 3221 Richmond, at Upriver Road and IH 37, to Matthew Thebeau Memorial Park. This item will be discussed at the Parks and Recreation Advisory Committee meeting August 12, 2009, 5:00 pm, City Hall, 1201 Leopard Street, Sixth Floor Conference Room. You are invited to attend the meeting, or contact Parks and Recreation at 826 -3463 with your comment or question. Recommended Amendment to City Council Policy: 6. Naming of City parks and recreational facilities. A formal policy for naming of parks and recreation facilities in the City of Corpus Christi is hereby adopted, and the guidelines shall be as follows: A. Donations. Upon donation of at least 51 percent of the value of a park or park facility and upon recommendation of the Parks and Recreation Advisory Committee, the City Council may name the park or park facility as the donating party designates if the park or park facility has not already been specifically named in honor of a person or group. B. Subdivision Dedication. Park and received through dedication under the City's Platting Ordinance shall be named by the Parks and Recreation Advisory Committee. No formal action needs to be taken by the City Council. C. Name Change. The City of Corpus Cf}risti disss+ragcs pr-oposals whercb Lthe Range of a park preferred and is recommended. Only the following facilities are eligible to be considered for name changes;: (1) park or park facility which is not already named in honor of a person or group; and (2) park or park facility which was named for the subdivision in which it is located. The following definitive steps shall be taken regarding a proposed name change for these eligible parks and park facilities. (1) Persons, groups, or organizations desiring the name change shall fill out complete a request for name change and submit the proposal to the staff of the Parks and Recreation Department for review and consultation with the requesting entity. (2) Name change requests shall be submitted to the Parks and Recreation Advisory Committee. No action may be taken by the Board committee for a minimum of 60 days after receipt of the proposal. (3) During the 60 -day waiting period, legal notice shall be published twice in a newspaper of general circulation giving notice of the proposed name change. (4) Written comments are to be submitted to the Parks and Recreation Advisory Committee and interested individuals are invited to come before the Board committee to address the issue. (5) At the first meeting after the 60 -day waiting period, the Parks and Recreation Advisory Committee will take one of the following actions: (a) Approve the request and refer the recommendation to the City Council; (b) Reject the request; or (c) Table the request for future action or additional information. In the event the request is rejected by the Board committee, the requesting entity may appeal the rejection to the City Council. (6) The Council shall consider the request and either approve or reject the request. The Council, at its option, can waive all provisions herein provided for eligible park and recreation facilities in commemorating or memorializing an individual, group or act. If approved, the Parks and Recreation Department shall arrange suitable renaming ceremonies. Costs associated with renaming ceremonies and the provisions of markers, plaques, or memorials shall be borne by the entity proposing the name change. D. Special Considerations. In choosing names after individuals, consideration may be given to persons living or dead. Special consideration shall be given to the contributions the person has made to the City, State, or Country. A facility or park may not be named after an individual currently in public office or serving as an employee of a local governmental jurisdiction. A one -year waiting period after termination from completion of public office or municipal employment is considered adequate. Names related to religious denominations will generally not be favorably considered unless the rules of donation apply. Input from neighborhood organizations in the immediate vicinity of the park or facility will be sought in the case of a name change request. E. Renaming of park or park facility. The renaming of a park or park facility which is already named in honor of a person or group is not permitted. -378- z,-5) a) L) a) 1 - -�7 _� , L1 I _ co , a) -t L L ./' _ Z �1 (Z L, , Cl co co , 0 - C • 0 cn 0) .5 0 O 0 WW N N N U) L A , , 1 C11 �.1 a., , , 1 , , m a a.) �� _0 , m Page 1 of 2 ORDINANCE RENAMING THE PARK LOCATED AT 3221 RICHMOND AT UP RIVER ROAD AND IH 37 FROM "JACKSON WOODS PARK" TO "MATTHEW THEBEAU MEMORIAL PARK ". WHEREAS, there is an approximately 2.29 acre park area located at 3221 Richmond, at Fair Oaks and Up River Road; WHEREAS, on July 1, 2009, the City received a request from Assistant Police Chief Mike Walsh to rename this park, Matthew Thebeau Memorial Park; WHEREAS, the Parks & Recreation Advisory Committee ( "PRAC ") considered this request at their July 8, 2009 meeting at which time they voted to support the request and began the 60 day process of public notification; WHEREAS, legal notice about the proposed name change was posted on September 6, 2009 and September 7, 2009; WHEREAS, the PRAC considered and by a four to three majority vote, recommended the Jackson Woods name change to City Council at their October 14, 2009 meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The name of the park located at 3221 Richmond at Up River Road and IH 37 is hereby renamed "Matthew Thebeau Memorial Park ". H: \LEG- DIR \Lisa\2009 Ordinance \Renaming Jackson-1434254o Matthew Thebeau ORDINANCE final.doc Page2of2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2009, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2009, by the following vote: Joe Adame Priscilla. G. Leal Chris N. Adler Brent Chesney Larry Elizondo, Sr. John E. Marez Nelda Martinez Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of , 2009. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form: November 30, 2009 By: Lisa Aguilary Interim City Attorney H: \LEG- DIR \Lisa\2009 Ordinance \Renaming Jackson.. c3gs_to Matthew Thebeau ORDINANCE final.doc 29 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: December 8, 2009 AGENDA ITEM: City Council consideration of an appeal by Bernice Denmon, of the Building Standards Board's decision to require demolition of the residence located at Lot 19, Block 5, Harlem Park, commonly known as 2817 Lawton Street. ISSUE: Ms. Bernice Denmon, (property owner) has requested the City Council to hear and consider an appeal of the Building Standards Board's decision ordering demolition of the residence located at 2817 Lawton Street in accordance with City Code of Ordinances, Section 13 -28, Appeals, for failure to meet minimum building standards. The Building Standards Board ordered demolition to the subject property on September 24, 2009. NOTICE OF APPEAL: Section 13 -28(a) of the City Code of Ordinances provides that whenever it is claimed that the decision of the Building Standards Board is erroneous, or that the decision of the Board would cause undue hardship, the owner or occupant may appeal the Board's decision to the City Council. Section 12 -28(a) says that the appeal shall state specifically the error alleged to have been committed by the Board. In this case, the owner states the Board's decision was erroneous and that the decision would cause undue hardship to Ms. Bernice Denmon, the owner of the property. REQUIRED COUNCIL ACTION: Council may consider the following actions: 1. Deny the appeal (thereby upholding the Building Standards Board order) or 2. Sustain the appeal (thereby reversing the Board's order in whole or in part). Specifically, Section 13 -28(b) of the City Code of Ordinances ( "Code ") provides that the City Council may vary the application of any provision of Chapter 13 of the City Code, Article II, Building and Housing Standards, when enforcement would do manifest injustice and would be contrary to the spirit and purpose of the code or public interest or when, in City Council's opinion, the decision of the board should be modified or reversed. Under Section 13 -28 of the Code, a decision to modify or reverse an order of the board in whole or in part shall specify the following: (1) in what manner such modification is made, (2) the conditions upon which it is made, and (3) the reasons therefore. Should the City Council desire to modify or reverse the Board's order, staff recommends that City Council set deadlines for any required action, and that the Zoning and Code Administrator be authorized to demolish the structure upon the owner's failure to comply with the City Council's decision. The decisof the City Council is final unless the aggrieved party appeals by instituting a suit within the required time allowed from the date on which the City Council rendered the decision. RECOMMENDED PROCESS: The proceeding should be informal. In deciding this case, the City Council acts in a quasi - judicial capacity, i.e., it will determine what the facts are and determine whether the structure requires demolition. The Council will consider only the information relevant to those issues. At the outset, staff can summarize the agenda, the agenda memorandum and its attachments. Then, the City Council will hear such comment, which would be done after presentation and argument of the parties, but before City Council deliberation. PREVIOUS COUNCIL ACTION: No prior action related to this case. FUNDING: No funding involved. CONCLUSION AND RECOMMENDATION: City staff recommends that the City Council uphold the Building Standards Board's decision to require demolition of the residence. The order is in accordance with Section 13- 26(G)(1)(c) of the Code allowing thirty (30) days to obtain proper permits and complete the demolition of the structure. If demolition is not started and completed as required, the City is authorized to demolish. Zd4L Eddie Ortega, Dire or Neighborhood Services Department (361) 826 -3234 EddieO a(�cctexas.com Attachments: Presentation Chronology of Events & Exhibits • Exhibit Documentation (Exhibits 1 -9) Background Ms. Bernice Denmon is the owner of property located at 2817 Lawton Street. On September 24, 2009, the Building Standards Board Order found the building(s) or structure(s) to be substandard and ordered the owner to: o demolish the building(s) or structure(s) according to Section 13 -26 (G)(1)(c) of City Code. o obtain any and all permits within 30 days; o if demolition is not started and completed as required, then City is authorized to demolish. Section 13 -28(a) of City Code of Ordinances provides for an appeal to City Council whenever it's claimed that the decision of the Building Standards Board is erroneous, or causes undue hardship, stating the specific error alleged to have been committed by Board. The owner in this case is claiming the decision is erroneous and causes undue hardship and alleges demolition of the residence would cause great financial and emotional hardship. The owner further states she is on limited income and do not have the funds to demolish the residence. On February 26, 2009, Neighborhood Services Department Code Enforcement Officer receives compliant from Police Department for high weeds. The first initial interior and exterior inspection of the structure was conducted and substandard conditions as well as high weeds and accumulation of litter and solid waste were found. The inspection reveals the building to be unsecured with visible and accessible entry from the front door, and unsanitary and dangerous conditions which violates the Building Code and Vacant Building Ordinance. Concerned for his health and safety, Code Enforcement Officer was not able to complete full interior inspection due to possibility of being bitten by insects and rodents. The front entry door was partially blocked due to . a heavy density of accumulation of litter, trash, and debris. As a result of the inspection, the City takes further action. On March 6, 2009, Neighborhood Services Department Code Enforcement mails initial notice of ordinance violation to the property owner. On April 28, 2009, a re- inspection was conducted by Neighborhood Services Department Code Enforcement, and reveals the building was not in compliance. On May 12, 2009, Neighborhood Services Department Code Enforcement mails final notice of continued ordinance violations to property owner stating substandard conditions still exists. On July 6, 2009, a second inspection was conducted by Neighborhood Services Department Code Enforcement, and reveals the building was still not in compliance. Property was referred to be presented to the September 24, 2009 Building Standards Board Hearing. On September 11, 2009, Neighborhood fgices Department mails notice to property owner to appear before the Building Standards Board. On September 23, 2009, letter is received by Neighborhood Services Department via facsimile to inform the Building Standard Board that Bernice Denmon will not be able to attend hearing. On September 24, 2009, the Building Standards Board met and ordered demolition of the residence. On October 2, 2009, Neighborhood Services Department mails the final order of the Building Standards Board to property owner. On October 27, 2009, the property owner files appeal of order of Building Standards Board. On November 17, 2009, Neighborhood Services Department conducts maintenance inspection and finds property in violation of accumulation of high weeds, litter and solid waste. City contractor will abate violation and charges may be filed for repeated violations. In addition, the substandard and vacant building conditions promote criminal activity. Other code violation includes accumulation of litter & solid waste, high weeds, unsanitary conditions. Staff recommends denial of the appeal, thereby upholding the Order of the Building Standards Board. Chronology of Events & Exhibits 2817 Lawton St. City Code of Ordinances (Exhibit 1) Building and Housing Standards Code of Ordinances: Section 13 -25 February 26, 2009 • Code Enforcement Officer receives compliant from Police Department. March 6, 2009 (Exhibit 2) • Notification of Ordinance Violation Section 13 -25: Ms. Bernice Denmon is notified of substandard conditions at the property and directed to correct violation(s) within thirty days. • Notice provided via certified mail and first class mail including survey of the property. • Certified mail returned "return to sender unable to forward /attempted -not known" April 28, 2009 • Code Enforcement Officer re- inspected property and determined the property is not in compliance. May 12, 2009 (Exhibit 3) • Final Notification of Ordinance Violation Section 13 -26: • Ms. Bernice Denmon is notified of continued substandard conditions at the property and directed to correct violation(s) with three days. • Notice provided via certified mail and first class mail. • Certified mail returned "unclaimed' July 6, 2009 • Code Enforcement Officer re- inspected property and determined the property is not in compliance. • Property referred to Liaison to be presented before the Building Standards Board. September 11, 2009 (Exhibit 4) • Notice to appear before Building Standards Board Section 13- 26(c): • Notices provided via certified mail to Bernice Denmon and Phyllis Denmon to appear before the Building Standards Board on September 24, 2009 regarding violation of the Building and Housing Standards Code. • Certified mail returned signed by Bernice Denmon: September 23, 2009 (Exhibit 5) • Letter from Ms. Phillis Denmon received via facsimile to inform the Building Standards Board that Bernice Denmon will not be able to attend. September 24, 2009 (Exhibit 6) • Packet provided to Building Standards Board members on property located at 2817 Lawton Street at hearing scheduled September 24, 2009. • Staff's recommendation is to initiate demolition of the residence due to the substandard and dilapidated condition under the provision of Section 13 -26 (G) (1)(c) of the Building and Housing Standards Code. • Letter from Ms. Phillis Denmon is read at Building Standards Board Hearing. • Building Standards board orders demolition of the residence. September 29, 2009 (Exhibit 7) • Final Order of the Building Standards Board: Owner must obtain a demolition permit within (30) days and demolish structure. If permit(s) not obtained and demolition completed by owner as required, then the city be authorize to demolish the structure and remove debris.. • Notice provided via certified mail October 2, 2009 • Neighborhood Services Department mails the final order of the Building Standards Board to property owner. October 6, 2009 • Ms. Phillis Denmon visited Neighborhood Services Department requesting to see the Board liaison which was on vacation at the time. Administrative assistant recommended she apply for a demolition grant and instructed her in how to provide proof of ownership. Ms. Denmon stated that she would not be able to apply for a grant and was instructed how to obtain a copy of the property deed at the Court House. October 8, 2009 • Ms. Phillis Denmon visited Neighborhood Services Department requesting copy of the board order that was mailed on September 29, 2009. October 14, 2009 • E -mail sent to Administrative assistant from Phillis Denmon requesting information about appeal. October 15, 2009 • Administrative assistant corresponds information to Ms Demon to file a notarized sworn notice of appeal with the City Secretary's office. October 27, 2009 (Exhibit 8) • Phillis Denmon files notice of appeal of Final Oder of the Building Standards Board provided with City Secretary's office. (Exhibit 9) (Exhibit 9) • Property tax balance as of November 17, 2009: $0.00 (source: Nueces County website) • Property detail sheet with property valuation: Land value - $5,795.00 Improvement value - $26,991.00: Market value - $32,786.00 (source: Nueces County Appraisal District website) § 13 -25 CORPUS CHRISTI CODE Sec. 13 -25. Minimum standards for build- ings. All buildings or structures which have any or all of the following defects or lack of facilities shall be deemed substandard buildings: (1) All buildings or structures not in confor- mity with this code. (2) All buildings or structures which have pit privies where the same are not permitted by law or which are not connected to the city sewer when required by law, or where inadequate and unsanitary pit privies or septic tanks exist. (3) All buildings or structures that have be- come deteriorated through accident or lack of repair or natural causes or by damage through exposure to the elements, espe- cially winds, hail or rain, or damage through fire to the extent that the roof, windows and doors or portions of the building or structure which protect from the weather will no longer protect from the weather. (4) All buildings or structures which consti- tute or in which are maintained fire haz- ards as that term is defined in the fire prevention code* of the city. (5) All buildings or structures which are so structurally deteriorated that they are in danger of collapse or which cannot be expected to withstand winds of hurricane force. (6) All buildings or structures so constructed or permitted to be so constructed as to constitute a menace to health or safety, including all conditions conducive to the harboring of rats or mice or other disease - carrying animals or insects reasonably calculated to spread disease and includ- ing such conditions hazardous to safety as inadequate bracing or the use of deterio- rated materials. (7) All buildings or structures, whether or not in use, which are unsafe, unsanitary, unfit for human habitation, or not pro- *Cross reference --For fire prevention code, see § 18 -1. vided with adequate egress, or which con- stitute a fire hazard, or are otherwise dangerous to human life, or which in relation to the existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, ob- solescence or abandonment are unsafe buildings. All such unsafe buildings are hereby declared illegal and shall be abated by repair and rehabilitation or by demoli- tion in accordance with the procedures set forth in this code. (1966 Supp., § 11 -18; Ord. No. 9811, § 1, 6 -24- 1970) Sec. 13-26. Procedure for eliminating sub- standard conditions. (A) Notification of violation. Whenever the of- ficial determines that there are reasonable grounds to believe that there has been or continues to be a violation of any provision of this code or of any rule or regulation concerning the health, safety, or general welfare adopted by the city as it relates to structures or premises, he shall give notice of such alleged violation to the owner of the property as per subsection (C) below. Such notice shall: (1) Be in writing. (2) State the nature of the violation or viola- tions. (3) State the provision or provisions of this code or any other relevant code of the city that is being violated. (4) State the penalty and penalty provision of this code or any other relevant code of the city. (5) State that the official will take further action pursuant to the building standards code if the violation is not cured within thirty (30) days of receipt of the notice specified in this subsection. (B) Notification of hearing. Whenever the owner, after notification as per subsection (A), informs the official that he refuses to volun)arily comply with the requirements of this code or to voluntar- ily cure the defect or defects Brought to his attention by the official, or whenever the alleged violation or violations are not cured within thirty -394- City of Corpus Christi March6, 2009 Notification of Ordinance Violation Department of Neighborhood Services Code Enforcement Division CERTIFIED # 7004 1350 0000 4811 6415 3232 - 0005 -0190 BERNICE DENMON 5313 CAMINITO MINDY SAN DIEGO CA 92105 RE: 2817 LAWTON ST HARLEM PARK LT 19 BK 5 On February 26, 2009, a survey of the above property was conducted. Certain conditions were found to exist which violate the Building and Housing Standards Code and ordinances of the City of Corpus Christi. A copy of the survey stating the nature of the violation(s) is attached for your review and incorporated by reference in this notice. Please correct the violation(s) within thirty (30) days of receipt of this notice. A permit must be obtained before any work is begun. Failure to respond to this notice or voluntarily eliminate these defects, by either repairs, reconstruction, alteration, removal, or demolition within the allowed time, will result in further action. If necessary, the City may contract for demolition of the property. Expenses and administrative fees incurred by the City will be assessed on the real estate upon which such expenses were incurred. The City may also file charges in Municipal Court for these violations. If found guilty, you can be assessed a fine of up to $500.00 under Section 13 -29 of the Code of Ordinances. Each day a violation continues constitutes a separate and distinct offense. If you have any questions, you may call between 8:00 and 9:00 a.m. or 4:00 and 5:00 p.m., weekdays at (361) 880 -3030. Sincerely, RON W. BOYD Code Enforcement Official 09- 00001587 NIDBDO1 NOTICE: The City's Solid Waste Department will not pick up rubbish at vacant lots or vacant houses unless the collection fee is being paid for that address. 'bit 2 , ., .1- .,., -,-, r. �.�_:_,: - r......,, -1OAGn f')7 7 ioo4\ oon 'non VIOLATION DETAIL PAGE 1 CASE NUMBER 09- 00001587 PROPERTY ADDRESS 2817 LAWTON ST VIOLATION: FAIL TO MEET MINIMUM STDS DESCRIPTION: SEC 13 -25 LOCATION: NARRATIVE : SEE ATTACHED SURVEY. QUANTITY: 1 DATE: 2/26/09 ORDINANCE DESCRIPTION : ALL BUILDINGS OR STRUCTURES WHICH HAVE ANY OR ALL OF THE FOLLOWING DEFECTS OR LACK OF FACILITIES SHALL BE DEEMED SUBSTANDARD BUILDINGS: 1. ALL BUILDINGS OR STRUCTURES NOT IN CONFORMITY WITH THIS CODE. 2. ALL BUILDINGS OR STRUCTURES WHICH HAVE PIT PRIVIES WHERE THE SAME ARE NOT PERMITTED BY LAW OR WHICH ARE NOT CONNECTED TO THE CITY SEWER WHEN REQUIRED BY LAW, OR WHERE INADEQUATE AND UNSANITARY PIT PRIVIES OR SEPTIC TANKS EXIST. 3. ALL BUILDINGS OR STRUCTURES THAT HAVE BECOME DETERIORATED THROUGH ACCIDENT OR LACK OF REPAIR OR NATURAL CAUSES OR BY DAMAGE THROUGH EXPOSURE TO THE ELEMENTS, ESPECIALLY WINDS, HAIL OR RAIN, OR DAMAGE THROUGH FIRE TO THE EXTENT THAT THE ROOF, WINDOWS AND DOORS OR PORTIONS OF THE BUILDING OR STRUCTURE WHICH PROTECT FROM THE WEATHER WILL NO LONGER PROTECT THE WEATHER. 4. ALL BUILDINGS OR STRUCTURES WHICH CONSTITUTE OR IN WHICH ARE MAINTAINED FIRE HAZARDS AS THAT TERM IS DEFINED THROUGH THE FIRE PRVENTION CODE OF THE CITY. 5. ALL BUILDINGS OR STRUCTURES WHICH ARE SO STRUCTURALLY DETERIORATED THAT THEY ARE IN DANGER OF COLLAPSE OR WHICH CANNOT BE EXPECTED TO WITHSTAND WINDS OF HURRICANE FORCE. 6. ALL BUILDINGS OR STRUCTURES SO CONSTRUCTED OR PERMITTED TO BE SO CONSTRUCTED AS TO CONSTITUTE A MENACE TO HEALTH OR SAFETY, INCLUDING ALL CONDITIONS CONDUCIVE TO THE HARBORING OF RATS OR MICE OR OTHER DISEASE - CARRYING ANIMALS OR INSECTS REASONABLY CALCULATED TO SPREAD DISEASE AND INCLUDING SUCH CONDITIONS HAZARDOUS TO SAFETY AS INADEQUATE BRACING OR THE USE OF DETERIORATED MATERIALS. 7. ALL BUILDINGS OR STRUCTURES, WHETHER OR NOT IN USE, WHICH ARE UNSAFE, UNSANITARY, UNFIT FOR HUMAN HABITATION, OR NOT PROVIDED WITH ADEQUATE EGRESS, OR WHICH CONSTITUTE A FIRE HAZARD, OR ARE OTHERWISE DANGEROUS TO HUMAN LIFE, OR WHICH IN RELATION TO THE EXISTING USE CONSTITUTE A HAZARD TO SAFETY OR HEALTH BY REASON OF INADEQUATE MAINTENANCE, DILAPIDATION, OBSOLESENCE OR ABANDONMENT ARE UNSAFE BUILDINGS. ALL UNSAFE BUILDINGS ARE HEREBY DECLARED ILLEGAL AND SHALL BE ABATED BY REPAIR AND REHABILITATION OR BY DEMOLITION IN ACCORDANCE SET FORTH IN THIS CODE. 1 7004 1350 0000 4811 6415 ('; \ c).\1 NAME „ 1st Notice 2nd Notice 5.--,;2-k Return 7-5 f":;"--.7•4.—.0,:". 10,'02 e,,,-.::,T.;', -f.:, ,',f,-v-V,V.,41,.:-.:•%°g.,°X. /71 r., ' , '-',--,----: 7 .:=.-:.-,_ ,,--...-..,-::-...27.i7:;::- !'711: • ?i---; 1--i ..'",•- ;',..... 4- 0 , ' ".- '_7.-.:_.-i--_-_•i.-7,-=-,'..:-.=_-_-.:._-. - -- "1,14-6....7;71'1--41 4 , t,.• ;, , -.f_::._. _ __. ___ ..:...._._, '1 1 1 - ,- RESTRI fa El \iPSI ' Kil....L „(.,i, ziP CODE 7,3-A0 i 0 , 1 , , , il 4' .,i,IP 06 2110g — • --, , er•IrJ; • ,•■•••• '7;7•719 ) Fi:(10 1 0 15 4 1 NIXIE :l. 4E. :I 07,12 04/0i/09 RETURN 1' 0 SEM DER UN C LA MED JINIAELE 1ff 0 FIX:CU:4RD 7:-3469M:117 77 7 AC1204 - OCIS3 3- - M Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. rinentlitairrttecsalaaulITERY in Attach this card to the back of the mailpiece or on the front if space permits. 1. Article Addressed to: BkRWICR rIENAOT., CAYikiTTO 11 fFc2,0 Signature eceived by (Printed Name) 0 Agent 0 Addressee ate of Delivery D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address betow: 0 No twice Type Certified Mail Registered Insured Malt 0 Express Mail Retum Receipt for Merchandise 0 C.O.D. rtestricted Delivery? (Extra Fee) 0 Yes 2. Article Number (rransfer from service label) - 7004 1350 0000 4811 6415 , PS Form 3811, February 2004 Lfl 1-3 7004 1350 0000 4811 Domestic Retum Receipt 102595-02-M-1540 fttgjjpj tilattotrAvront Rivitticti) tow Dofivory Fclo (rintfor:otmilt 1i<1,41.41vA1) LOVERy gy) ( ) IciDY 'A-3974.0 5 1.1! 7, 2 3 ? —000570i '40 City of Corpus Christi May 12, 2009 Notification of Ordinance Violation Department of Neighborhood Services Code Enforcement Division * ** FINAL NOTICE * ** CERTIFIED # 7006 0810 0006 0156 8918 3232 - 0005 -0190 BERNICE DENMON 5313 CAMINITO MINDY SAN DIEGO CA 92105 RE: 2817 LAWTON ST HARLEM PARK LT 19 BLK 5 A follow -up inspection performed on or about May 12, 2009 showed that you did not correct the violations set forth in the notice dated March 05, 2009. As established in Section 13 -26 of the City of Corpus Christi Code of Ordinances, the City has no alternative but to take enforcement actions against you. A complaint will be presented to the Building Standards Board for failure to remedy the violations. Additionally, charges will be filed against you in Municipal Court if City staff are not personally advised by you or your agent within three (3) business days of receipt of this notice that all violations have been corrected. If you have any questions, you may call between 8:00 and 9:00 arn. or 4:00 and 5:00 p.m., weekdays at (361) 880 -3030. Sincerely, RON W. BOYD Code Enforcement Official 09- 00001587 NIDBDO2 OW Exhibit 3 Neighborhood Services Department/Code Enforcement Division Violation Detail City of Corpus Chnsti CASE NUMBER 09- 00001587 PROPERTY ADDRESS 2817 LAWTON ST VIOLATION: FAIL TO MEET MINIMUM STDS QUANTITY: 1 DESCRIPTION: SEC 13 -25 DATE: 2/26/09 NARRATIVE : PLEASE CALL CODE ENFORCEMENT OFFICIAL RON BOYD AT 361- 537 -0782. ORDINANCE DESCRIPTION : ALL BUILDINGS OR STRUCTURES WHICH HAVE ANY OR ALL OF THE FOLLOWING DEFECTS OR LACK OF FACILITIES SHALL BE DEEMED SUBSTANDARD BUILDINGS: 1. ALL BUILDINGS OR STRUCTURES NOT IN CONFORMITY WITH THIS CODE. 2. ALL BUILDINGS OR STRUCTURES WHICH HAVE PIT PRIVIES WHERE THE SAME ARE NOT PERMITTED BY LAW OR WHICH ARE NOT CONNECTED TO THE CITY SEWER WHEN REQUIRED BY LAW, OR WHERE INADEQUATE AND UNSANITARY PIT PE:IVIES OR SEPTIC TANKS EXIST. 3. ALL BUILDINGS OR STRUCTURES THAT HAVE BECOME DETERIORATED THROUGH ACCIDENT OR LACK OF REPAIR OR NATURAL CAUSES OR BY DAMAGE THROUGH EXPOSURE TO THE ELEIENTS, ESPECIALLY WINDS, HAIL OR RAIN, OR DAMAGE THROUGH FIRE TO THE EXTENT THAT THE ROOF, WINDOWS AND DOORS OR PORTIONS OF THE BUILDING OR STRUCTURE WHICH PROTECT FROM THE WEATHER WILL NO LONGER PROTECT THE WEATHER. 4. ALL BUILDINGS OR STRUCTURES WHICH CONSTITUTE OR IN WHICH ARE MAINTAINED FIRE HAZARDS AS THAT TERM IS DEFINED THROUGH THE FIRE PREVENTION CODE OF THE CITY. 5. ALL BUILDINGS OR STRUCTURES WHICH ARE SO STRUCTURALLY DETERIORATED THAT THEY ARE IN DANGER C'F COLLAPSE OR WHICH CANNOT BE EXPECTED TO WITHSTAND WINDS OF HURRICANE FORCE. 6. ALL BUILDINGS OR STRUCTURES SO CONSTRUCTED OR PERMITTED TO BE SO CONSTRUCTED AS TO CONSTITUTE A MENACE TO HEALTH OR SAFETY, INCLUDING ALL CONDITIONS CONDUCIVE TO THE HARBORING OF RATS OR MICE OR OTHER DISEASE- CARRYING ANIMALS OR INSECTS REASONABLY CALCULATED TO SPREAD DISEASE AND INCLUDING SUCH CONDITIONS HAZARDOUS TO SAFETY AS INADEQUATE BRACING OR THE USE OF DETERIORATED MATERIALS. 7. ALL BUILDINGS OR STRUCTURES, WHETHER DR NOT IN USE, WHICH ARE UNSAFE, UNSANITARY, UNFIT FOR HUMAN HABITATION, OR NOT PROVIDED WITH ADEQUATE EGRESS, OR WHICH CONSTITUTE A FIRE HAZARD, OR ARE OTHERWISE DANGEROOS TO HUMAN LIFE, OR WHICH IN RELATION TO THE EXISTING USE, CONSTITUTE A HAZARD TO SAFETY OR HEALTH BY REASON C'F INADEQUATE MAINTENANCE, DILAPIDATION, OBSOLESCENCE OR ABANDONMENT ARE UNSAFE BUILDINGS. ALL UNSAFE BUILDINGS ARE HEREBY DECLARED ILLEGAL AND SHALL BE ABATED 6:' ` REPAIR AND REHABILITATION OR BY DEMOLITION IN ACCORDANCE SET FORTH IN THIS CODE. -399- A'• 1 1 1 1 7006 0810 0006 0156 8918 ID -3 • lijLED o 2 Fr.."-.4.A • esill)dso\oas4E51 (\ RESTRICTED DELIVERY BERNICE DENMON \>.. 5b13 CAMINITO MINDY -.- SLkN DIEGO CA 92105 121 - N CCT # 3232-0005-0190 t...c,,...„ ;,.,: 1 -,.\ , 1 ''., ,1 . / \ ‘r) ow NAME 1t Znd iv —7..,,,........ .., - ..),:.. ,-.„,,,,,,„„Dit :-..:•••:-:::•-: - 1 • nw , j ::.- •,, .3--,,,, , iiim.i..in Complete items 1, 2, and 3. Also complete Rem 4 if Restricted Delivery is desired. El Print your name and address on the reverse so that we can return the card to you. El Attach this card to the back of the mailpiece, or on the front if space permits. BERNICE DENMON 5313 CAMINITO MINDY SAN DIE.. 200,,N AlloT, t 1 5 - 0 1 9 0 A. Signature X B. Received by (Printed Narne) 0 Agent 0 Addressee C. Date of Delivery r' Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No ow e Type tertified Mail 0 Registered 0 Insured Mail 0 C.O.D. talh 0 Express Mail 0 Return Receipt or Merchandise 4. Restricted Delivery? (Extra Fee) 7006 0810 0006 0156 8918 PS Form 3811, February 2004 0156 8918 Domestic Retum Receipt Ilfglift.POltiOkftflottp411t*C- IE BERNICE 'DEMON 5313 CAMINITO MINDY SAN DIEGO CA 92105 ACCT # 3232-0005-0190 roi7J N,awr; • 11111 STRICT E 4:;11,9::4141.4 174`) Pm. Pan 11 r)... CR Ow 102595-02-M-1540 tossaser UMW EMU City of ®f sus risti ENOCH @EP ;T6111EE P® Box 9277 Corpus Christi Texas 78469 -9277 Phone 361- 826 -3010 Fax 361- 826 -3011 www.cctexas.com Code Enforcement Phone 361- 826 -3030 Housing Programs Phone 361- 826 -3010 Model Block Program Phone 361 - 826 -1760 Neighborhood Initiative Program (N.I.P.) Prone 361 -826 -3234 September 11, 2009 CERTIFIED LETTER # 7004 - 1350- 0000 - 4811 -8600 BERNICE DENMON 5313 CAMINITO MINDY SAN DIEGO CA 92105 RE: 2817 LAWTON ST ADD'N: HARLEM PARK LOT: 19 BLOCK: 5 A recent inspection has shown that you have not corrected the violations of the Building and Housing Standards Code existing in the above referenced property as was requested of you in our letter of 3/6/2009. As required by State Law, a public hearing will be held upon this matter. The hearing will be before the Building Standards Board and is scheduled for 1:30 P.M., Thursday, September 24, 2009 in the Council Chambers, 1201 Leopard St. The Board can order you to repair or demolish the building(s) and authorize the City to have the building(s) demolished if you do not comply with the time allowed by the Board. The cost, if the City does the demolition, would be charged to you and if not paid would result in a lien being filed against this property. You may appear, and in fact are recommended to appear, before the Board at this hearing and show justification this remedy should not be granted. If you have any questions regarding this matter, please contact Teena Houston at (361) 826 -3029. Sincerely, NE H RHOOD SERVICES Teena Houston Building Standards Board Liaison Zoning & Code Enforcement Division BSB Hearing Notice to owner 09 -1587 _E1 ibit 4 SENDER: COMPL'ETE.THIS SECTION Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired is Print your name and address on the r so that we can return the card to you. Attach this card to the back of them or on the front if space permits. 1. Article Addressed to: BERNICE DENMON 5313 CAMINITO MINDY SAN DIEGO CA 92105 RE: 2817 LAWTON ST COMPLETE TiHISi SEGTIONi ON DELIVERY p Agent 0 Addressee of 1? ❑ Yes ❑ itio ved by /Pentad Name) _ Certified M= .42-Expresa Mail Registeted ® Reium Receipt for Merchandise Insured M&I 0 G.Q.D. selected Delivery? (Extra Fee# 1-1$TRICTED -DEL M d;{ 2. Attie" P1i�` "' (Tm 7004 1350 0000 4811 8600 PS Form 3811, February 2004 Domestic Return Receipt 1350 0000 4811 8600 N Calified 7,:]o Peturn Real ante e'S ndas.eni rte Pcqutrecsd Po Trtol Pot 1676.716-- rrxct, iii: ;,r PO Vox BERNICE. DENMON 5313 CAMINITO MINDY SAN DIEGO CA 92105 RE: 2817 LAWTON ST ?oL4aarl5 -402- 1025e5.02 -M- 1540 BEINIESIf =ME City of C C w risti NffEN®MICES SL I V CES PO Box 9277 Corpus Christi Texas 78469 -9277 Phone 361 -826 -3010 Fax 361 -826 -3011 www.cctexas.com Code Enforcement Phone 361 -826 -3030 Housing Programs Phone 361 -826 -3010 Model Block Program Phone 361- 826 -1760 Neighborhood Initiative Program (NIP.) Phone 361 -826 -3234 September 11, 2009 CERTIFIED LETTER # 7004 - 1350 - 0000 - 4811 -8617 BERNICE DENMON 2817 LAWTON ST BERNICE DENMON TEXAS 78405 RE: 2817 LAWTON ST ADD'N: HARLEM PARK LOT: 19 BLOCK: 5 A recent inspection has shown that you have not corrected the violations of the Building and Housing Standards Code existing in the above referenced property as was requested of you in our letter of 3/6/2009. As required by State Law, a public hearing will be held upon this matter. The hearing will be before the Building Standards Board and is scheduled for 1:30 P.M., Thursday, September 24, 2009 in the Council Chambers, 1201 Leopard St. The Board can order you to repair or demolish the building(s) and authorize the City to have the building(s) demolished if you do not comply with the time allowed by the Board. The cost, if the City does the demolition, would be charged to you and if not paid would result in a lien being filed against this property. You may appear, and in fact are recommended to appear, before the Board at this hearing and show justification this remedy should not be granted. If you have any questions regarding this matter, please contact Teena Houston at (361) 826 -3029. Sincerely, NEIGHBORHOOD SERVICES eerla Houston Building Standards Board Liaison Zoning & Code Enforcement Division BSB Hearing Notice to owner 09 -1587 —403— s ti 7004 1350 0000 4811 8617 BERNICE ENMON 2$17 LAW" ON ST CORPUS C RISTI TEXAS 78405 � 5 DA RESTRICTED DRIVEN 1 (> ,itce • 71 Per /' [lda r�� ---ate PITNEY Bf WFS 021A $100 43 0404632480 SEP14 2009 MAILED FROM ZIP CODE 78401 Eg rr S »21 ;NE `f :04 $ID S'Eµ,,i4,s 1T-7 'hi ACr`arhi Y �tdWt Sin? ..E• 70 PORWARD { �!+!.{ 11 �1' TPi.I Fll4tt14Yt !!I!N�tat11911!'llllil ?Ilae!!i� CI Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. Print your name and address on the raver -.:c so that we can return the card to you. o Attach this card to the back of the mlailpicxe, or on the front if space permits. 1. Article Addressed to: 0 Agent -- �- -.--A- ire =sa x"bbte urr'LfiVery BERNICE DENMON 2817 LAWTON ST CORPUS CHRISTI TEXAS 78405 RESTRICIEDDELIVE 2. Ar4ire ",""!.`°7004 1350 0000 4811 861? PS Form 3811, February 2004 Domestic Return ficceipt ii I MI (:■ j i • D. Is delivery addle s different from item 1? 0 Yea If YES, enter delivery address below: 0 No tTe- O rtilitd Wlad ® Ertp ® RegletEred 0 Rstuii'+ REzzipt ib7WkiTchartdiss 0 Insured Mail 0 C.O.D. testt!ci i D' zi(•ivvyl g.as Pee) 0000 4811 102595.02 -M -1540 rq8w :c1 i ie:;Afcl0d r+ISaVsry r.10 u.,11, BERNICE DENMON ttrt' ,�r �,3- 2817 LAWTON ST404_ t V rr nnl rc r•unrrrl r vAC 1OAAc 1111111MINEW 1113=11 Emmy MEW City of Co t S Christi REIGICSORROCE SERVICES DEPARMEIN PO Box 9277 Corpus Christi Texas 78469 -9277 Phone 361 -826 -3010 Fax 361 -826 -3011 www.cctexas.com Code Enforcement Phone 361- 826 -3030 Housing Programs Phone 361- 826 -3010 Model Block Program Phone 361- 826 -1760 Neighborhood Initiative Program (N.I.P.) Phone 361 -826 -3234 September 11, 2009 CERTIFIED LETTER # 7004 - 1350 -0000- 4811 -8624 PHYLLIS DENMON 5313 CAMINITO MINDY SAN DIEGO CA 92105 RE: 2817 LAWTON ST ADD'N: HARLEM PARK LOT: 19 BLOCK: 5 A recent inspection has shown that you have not corrected the violations of the Building and Housing Standards Code existing in the above referenced property as was requested of you in our letter of 3/6/2009., As required by State Law, a public hearing will be held upon this matter. The hearing will be before the Building Standards Board and is scheduled for 1:30 P.M., Thursday, September 24, 2009 in the Council Chambers, 1201 Leopard St. The Board can order you to repair or demolish the building(s) and authorize the City to have the building(s) demolished if you do not comply with the time allowed by the Board. The cost, if the City does the demolition, would be charged to you and if not paid would result in a lien being filed against this property. You may appear, and in fact are recommended to appear, before the Board at this hearing and show justification this remedy should not be granted. If you have any questions regarding this matter, please contact Teena Houston at (361) 826 -3029. Sincerely, NEIG BORHOOD SERVICES na Houston Building Standards Board Liaison Zoning & Code Enforcement Division BSB Hearing Notice to owner 09 -1587 —405— co 1-9 1-9 0 co a N..; Ln triad rn rq a PO i7:77177-%' 4.47 iL'17-74 Citlr1 F :10 ileclept Fon rnflorn. onnt :limn} .0 Cay. P5.11,0k -406- tvJ iVER PHYI.LIS DENMON 5313 CAMINITO MINDY SAN DIEGO CA 92105 RE: 2817 LAWTON ST 08,'0='20(9 21:41 6196688330 AVONDALE 13.riWing Standards Board. Zone & Code Enforcement Division N ighborhood Services Department i" tv of Corpus Christi, Texas P.U. Box 9277 C )rpuS Christi. TX 78469 l3 iilding Standards Board A tention : Teena Houston 5313 Caminito Mindy San Diego, CA 92105 September 22, 2009 Re: 2753 Lawton St AIDD'N: Harlem Nark Lot: 19 Block: 5 Case #: 3232- 0005 -0190 PA' it 02 This letter is to inform the Board chat neither Ms Beniice Dewnon nor her representative is ab.e to attend the public hearing schedi tied for September 24, 2009. Notice of the hearing was re. :eived too late to make arranger -rents to attend this hearing without incurring great financial hardship, as well as, emotional ani physical stress to Ms Demnon. (The letter informing Ms Denrnon of the hearing was only r.ceived three working days prior to the hearing date.) As M: Denmon has specialized health needs that. significantly impact her ability to travel and she and her representative are currently ou :side OF the city it would take more than three days notice to make special arrangements for Ms Denrnon to attend the hearing. It is therefore being requesti;r that if possible the hearing be postponed two weeks until October 8, 2009 or any date between tic tuber 6 and 9. If ;he hearing cannot be postponed please have it known and read into the record that 1) Ms Denrnon is 89 years old and her primary source of income is from Social Security. Thi :. an cunt is minimal. She conseque fitly does not have the funds to pay for demolition of her hor a l'• orne she aspires to return to son le day. 2) \4s Denmon does not wish to violate ary community standards and in the past when made ow are of any conditions visible frc ern public or adjacent private property that deviated significantly from community norr is she :)r her representative promptly had them corrected. 3) vts Denrnon's constitutional rig its have been violated by staff of the City of Corpus Christi ir. regards to the entry and inspection of her home. Th, role yoou//�� Phillis Denmon, Gu irdian of Bernice Denmon (619) 263 -9581 or (619) 990 -6630 Exhibit 5 —407— 03,'0212039 21:41 619669333© AVONL ALE r /0 c�[4 f�Gi'i <2 1/4-5-Th7711 K"e2(.1_5". ard U eS ��c �. ��� ,a o e �� f y? �'�a - � 3 b 753 e'_a /v /- -0h.i Block ‘‘- 6/- eye -- 'i( PAS = 01 DE IRA Errtv., 11,1 , -11-711C1 FlPfD7P 1717 r,ro , L,J). 001D IT' 11,7,7 7,, 7 rf-1;1717D1 I\T 7,--Pqvis' 111 '1 4 , , 4) y „ epte in a .(t) 3 1;- p , fpn Exhibit 6 -40 9- iV TI311 (111iI ir: • C/P Officer: Ron Boyd September J149 2009 Omoaer of Property: Bernice ice Berm= 2S3.7 Lawton ton M. Qrc aderac ) Staff recommendations: Demolition i56%) Under the provisions of Seta ©m 224 (3) pp (0) of the City Housing Code and due to the substandard and dilapidated condition of the structure(s), a hazard to the health, safety and welfare of the public is henceforth declared. Therefore the owner be required to obtain proper permits and dea.oRnth the structure(s) within thirty Q OJ days. If demolition is not started and completed as required, then the City be authorized to demolish HOTIIC1 S, o Letter of substandard conditions by certified mail: March 6, 2009 (unclaimed /unable to forward) o Letter of final notice: May 12, 2009 (certified mail - unclaimed) o Certified letter of hearing: September 11, 2009 o Notice of hearing published: September 12 -13, 2009 7. 2817 Lawton St. residence (Harlem Park, Lot 19 Block 5) STAFF RECOMMENDATION: To require demolition due to the extent of deterioration APPEARING IN FAVOR: 0 APPEARING IN OPPOSITION: Letter faxed from Phillis Denmon Guardian of owner Bernice Denmon was read to Board Motion: A motion was made by Ted Stephens, seconded by Renee Carter to accept staff recommendations and require demolition of the structure(s) according to Section 13 -26 (G) (1) (c) of the City of Corpus Christi Code of Ordinances in which the owner be allowed thirty (30) days to obtain proper permits and complete the demolition of the structure(s) located at 2817 Lawton St. residence (Harlem Park, Lot 19 Block 5). If the demolition is not started and completed as required, then the City is authorized to demolish. A roll call vote was taken and the motion passed unanimously. -412- tWty Service Location Customer History Inquiry - CITY OF CORPUS CHRISTI Location Customer History Inquiry Location ID: 41768 2817 LAWTON ST CC 417477 DEMON, BERNICE 43653 DENMAN, EERNICE 5/02/05 1/09/75 7/31/02 '/ OK Ecit Cancel -413- Nueces County Tax Office 'Fax Assessor - Collector Property Tax Balance Beain a New Search Go to Your Portfolio Pay Taxes by Check Pav Taxes by Credit Cid Requestnn Address Correction Page lof1 Unless otherwise noted, all data refers to tax information for 2008. Al I amounts due include penalty, interest, and attorney fees when applicable. Account Number: 323200 050190 Address: DENMON BERNICE 5313 CAMINITO MINDY SAN DIEGO, CA 92105 -0000 Property Site Address: 2817 LAWTON 00000000000 Legal Description: HARLEM PARK LT 19 BK 5 Current Tax Levy: $0.00 Current Amount Due: $0.00 Prior Year Amount Due: $0.00 Total Amount Due: $0.00 Last Payment Amount for Current Year Taxes: Not Received Last Payer for Current Year Taxes: Not Received Last Payment Date for Current Year Taxes: Not Received Market Value: $32,798 Land Value: $6,464 Improvement Value: $26,334 Capped Value: $25,821 Agricultural Value: $0 Exemptions: HOM DRH Taxes Due Detail by Year and Jurisdiction Click Here to see your estimated amount due for a future date. You can see th is information by year and by both year and jurisdiction. •:u ©2004 Appraisal & Collection Technologies. All rights reserve —414— • , ; ! t:•;:. ? i*w 17.: a ) Nueces County Appraisal District Data on this Web site represents Certified 2009 Values Click HISTORY Link For Value History e wimp Owner Information Owner ID: Owner Name: Owner Address: Property Address: Parcel Information Legal Description: Neighborhood: Acreage: Cross Reference: Undivided Interest: Exemption Codes: Entity Codes: Deed Type: Deed Book: Deed Page: Map Page: Values Breakdown Land HS: Land NHS: Improvement HS: Improvement NHS: Ag Market: Ag Use: Timber Market: Timber Use: Appraised: Homestead Cap: Assessed. IMP.1 R (Residential) 0.1.S.kaP 0241996 DENMON BERNICE 5313 CAMINITO MINDY SAN DIEGO,CA 92105 2817 LAWTON HARLEM PARK LT 19 BK 5 S3232( HARLEM PARK ) 3232-0005-0190 100% DP (Disabled Person) HS (Homestead) CO3 (City Of CC) GNU (Nueces County) JRC (Del Mar Jr Coll) RFM (Farm To Mkt Road) SE (CCISD) HOSP (Hospital District) U-82A 2009 Preliminary Value $5,795 + $0 + $26,991 + $0 + $0 $0 + $0 $0 + 932,736 = $4,383 - $28,403 Improvements clatasheet At (Al - Residential Single Family) 1 Land Landl RL (Residential Land) Al (Al - Residential Single Family) Page of 1 $ 26,991 $ 5,795 ‘)—.7 ..,.....!. ', er, • Adobe Acrobat Reader 5.0 (minimum) is required to view pdf documents Acrobat Reader is a Rea der • it).." free program available bp.p. —415— Appraised 28,403 Homestead Cap 4,383 2009 2008 2007 2006 Imp HS $26,991 $26,334 $35,550 $26,334 Imp NHS - - - _ Land HS $5,795 $6,464 $8,726 $6,464 Land NHS - - - - Ag Mkt - - - kt - Ag Use - - - Tim Mkt - - - - Tim Use - - - - HS Cap $4,383 $6,977 $20,802 $11,130 Assessed $28,403 $25,821 $23,474 $21,668 Improvement Sketch J Exemptions 0) a a Entities CO3, GNU, JRC, RFM, SE, HOSP History Information Legal Description HARLEM PARK LT 19 BK 5 Situs Address 2817 LAWTON Sales Date Volume Page Seller Name Building Attributes Current Owner DENMON BERNICE (0241996) 5313 CAMINITO MINDY SAN DIEGO,CA 92105 Acct. No.:3232- 0005 -0190 Zoning:R -1B CT:16.01 Building Survey Report Inspection Date:2 -26 -09 Revised Date: City of Corpus Christi Property Address:2g17 LAWTON Officer:RON BOYD Lot: 19 Block:5 Addition:HARLEM PARK Owner:BERNICE DENMON City /State:SAN DIEGO,CA X Dwelling X Wood Frame X Vacant Mail to:5313 CAMINITO MINDY Zip: 92105 Sq Ft 1 Story # Of Units Commercial Accessory Masonry Fire Damage X Inside Inspection X Pictures Occupied X Open X Placard Date Posted: 2 -26 -09 Corrections must be made to the items) checked below to comply with the Code Enforcement Minimum Building Standards Code. The .following city ordinances are applicable: Building, Plumbing, Electrical, Mechanical, Fire, Health, Zoning. Permits Required: X Building X Plumbing X Electrical X Mechanical _Fire Health X Other: DEMO Smoke Alarms: X Missing _Inoperative _Improperly Located Additional Alarms Required OUTSIDE WALLS:VINYL SIDING /WOOD ROOF: (304.2,304.14,307.6) (304.3) • Type: Type:COMP Charred Wood Charred Wood X Rotten Wood X Rotten Eaves X Rotten Corner Boards X Rotten Rafter Tails Missing Boards Rotten Decking Badly in Need of Paint X Missing Shingles Siding Broken Missing X Deteriorated Shingles Holes Leaks Cracks Sags Buckled Buckled Leans Collapsed Missing Brick Worn Loose Brick Torn X Damaged Exterior Trim Holes Other:IN NEED OF REPAIR Other: IN NEED OF REPAIR WINDOWS: (304.7,8,9,10,13) Charred Wood X Broken Glass X Missing Screens Torn Screens Missing /Broken Sash Do Not Open v fl..�� -.... Q411. PORCHES: (304.5,6) Charred Wood X Missing /Broken Boards Loose X Rotten Wood X Inadequate Support Support Powt114.173eing Suonort Post Loose FOUNDATION: (304.1,304.17) Type: SLAB X Inadequate Support X Rotten Wood Piers Lean Piers Missing Cracks /Perimeter Wall Cracks /Slab Pads Missing Cracked Missing Skirting Missing Access Cover Exposed Sills Rotten Sills Damaged Floor Joist Sagging Floor Joist Other: IN NEED OF REPAIR DOORS: (304.7,304.12,304.13) Charred Wood Missing X Damaged X Poor Fit Damaged /Missing Screen(s) Off Hinges Blocked Exit Other:IN NEED OF REPAIR Page 2 STEPS: (304.5,6) Charred Wood Rotten Wood Missing Boards Inadequate Support Missing Handrails Loose Handrails Faulty Weather Protection Other PLUMBING: WATER CLOSET (301,306.6,307.2) Missing No Anti- Siphon Ballcock Stopped Up Poorly Anchored Seeps Around Bowl Water Supply Line Leaks Flush Ell Leaks Runs Constantly Tank Broken Cracked Bowl Broken Cracked Disconnected Missing Flush Handle Missing Flapper Urinal No Back -flow Preventive No Elongated Bowl /Open -end Seat Other LAVATORY: (301.1,301.2,307.2) Missing No Anti- Siphon Faucets Faucets Leak Broken Missing "P" Trap Leaks Missing Defective Trap Stopped Up Water Supply Line Leak Loose from Wall Nonconforming Waste Line Disconnected Other KITCHEN SINK:IN NEED OF REPAIR NOT FIT (304.19,306.2) Defective Trap Faucets Loose Broken Faucets Missing "P" Trap Rubber Hose Other: IN NEED OF REPAIR Other: IN NEED OF REPAIR Property Address : PLUMBING: BATI1TUE /SHOWER: (301,306.6,307.2) Missing Faucets Loose Broken Missing No Anti- Siphon Faucets Missing Overflow Plate Missing Tap Missing Shower. Head Not vented Disconnected Stopped Up Damaged Shower Stall Other: IN NEED OF REPAIR /NOT FIT FOR HUMAN HABITATION. WATER HEATER: (301.4307.3) Gas Electric Missing Disconnected Temperature /Pressure /Relief Valve Missing Temperature /Pressure /Relief Valve Broken Drain Line Missing Not Approved Pipe Not Extended Outside Elbowed Down Vent Missing Loose No Double Wall Pipe /Attic Nonconforming Vent Inadequate Combustion Air Thermostat Missing Damaged No Gas Cut Off Missing Firebox Door Gas Supply Line Not Approved Pipe Gas Fired - Located in Bathroom Gas Fired - Located in Bedroom Fire Damaged Other: IN NEED OF REPAIR GAS SYSTEM: (301.5) X Gas Pressure Test Required Gas Leak Line Appears to Enter Bldg Below Grade Level Gas Supply Lime Not Approved Pipe Rubber Hose to Space Heaters Non -Rigid Pipe Run Through Partition Wall Other FOR HUMAN HABITATION. PLUMBING MISCELLhNEOUS:NOT FIT FOR HUMAN HABITATION (301.1,2,3) Open Clean Out Water Leak Yard Under House Vent Stack Missing Broken Vent Stack Not Extended Through Roof _ 4 min Guard Damaged Missing min D� roc Disconnected Damaged Counter Top Damaged Back Splash Other Page 3 ELECTRICAL SERVICE: (302.4,303) Service Panel Burned Service Missing Service Appears Below Code Two -Wire Service X Inadequate X Defective Disconnected Service Not Grounded Missing Breakers Fuses Missing Interior Exterior Panel Cover Exposed Wiring Nonconforming Wiring in Panel Drops Too Low Washer No "P" Trap Not Vented No Cut Offs Sewer Line Stopped Up Sewage Running Out on Ground Other Property Address: INSIDE 'MUMS S AND CEILINGS: (304.16,307.6) Charred Wood X Paint Deteriorated Cracks X Holes Torn Wallpaper Damaged Paneling Sheetrock Broken Missing Holes Sheetrock Mildewed Buckled Ceiling Damaged Missing Water Damaged Smoke Damaged Impervious Material Around Tub Enclosure Damaged Missing Walls Around Tub Not Water Resistant Other:NOT FIT FOR HUMAN HABITATION SYSTEM!: (302.4,303) Burned Wiring Plugs Switches Burned Fixtures Less Than 1 Duplex Recept. /20 linear ft - BEDRM LVGRM DNGRM Den Kitchen No Small Appliance Circuits Over Kitchen counter space with GFCI Only One Small Appliance Circuit Over kitchen counter space with No GFCI Kitchen Appliance Circuits - No GFCI Plugs Missing Loose Broken Switches Missing Loose Broken Fixtures Missing Loose Broken Missing Switch Covers Plug Covers 'Extension Cords in Place of Permanent wiring Bathroom Circuit no GFCI Conduit Broken Loose Missing No Separate Circuit for No Disconnect for Air Conditioner Exterior Lights Missing - Front Back Side Porch Lights Broken Missing Loose Other MECHANICAL: (302.1,302.2) Vented Wall Heater Damaged Missing Floor Furnace Damaged Missing Nonconforming Gas Line to Space Heater Wall Heater With No Vent in Bathroom Thermostat Damaged Missing Gas -Fired Heating Appliance within 2' of Tub /Shower /Water Closet Condensing Unit Damaged Missing No Vent Fan or Window in Bathroom Vent Fan Missing Not Operative Heat With No Vent in Commercial Bldg INTERIOR FLOORS: (304.16,307.6) Charred Wood Rotten Wood Missing Boards Holes Cracks Not level Buckled Torn Damaged or Other ACCESSORY STRUCTURE (304.14,15,17) TYPE: Roof: Type: Rotten Loose Torn Holes Missing Other Walls: Type; Rotten Leaning Buckled Missing Other Foundation: Type: Sunken Cracked Rotten sills Other UNSANITARY CONDITIONS: (306,307.6) X Plumbing Fixtures Unsanitary -419- X Insect,. Roach, Rodent Infestation X Lacks Adequate Garbage Containers .. n.rrn r.,.,, -, Tivnamm unarmamrnm a3 igen Ip 860E toes ®B (coog (taca Ch what al@dza NEE i0�0 laIIo ffolcda act . e� • p 'd e.4+2;.: . „ `. .. . Alto 4u¢ 0 1,109 11C:TiEEuli TERI PO Box 9277 Cof fius Ch.lsti Texas 78469. -9: %i7 Phone 361-826-3010 Fax 361. 826-3011 wvvv..cctexas. corn Code Enforcement Phone 361-826-3030 Housing Programs Phone ?61-826-3010 Model Block Program Phone 361••826 -1760 Neighborhood Initiative Program (1111.1?) Phone 36 -826-3234 September 29, 2009 CERTIFIED LETTER # 7004 -1350 -0000 -4811 -9287 BERNICE DENMON RE: 2817 LAWTON ST 5313 CAMINITO MINDY ADD'N: HARLEM PARK SAN DIEGO CA 92105 LOT: 19 BLOCK: 5 The Building Standards Board met a t 1 :30 j >ron 4 TTbur sday. September 24 2009 in the Council Chambers, 1201 Leopard, to hear matters concerning the substandard building(s) located at the above referenced property. A final order of the Board's decision made on that date is enclosed. The period of time allowed you to comply with the decision of the Board commences from the date of this letter. If you wish, you may appeal the decision of this Board to the City Council. Such appeal must be perfected by filing a sworn notice of appeal with the City Secretary within fifteen (15) days from the date of notice of the Board's written decision which is the date of this letter. This appeal must state specifically any error alleged to have been committed by the Board or that the decision of the Board would cause undue hardship and state the reasons for the hardship. It may be necessary for you to obtain the proper permits before initiating demolition or repairs as required by the Board. A permit can be obtained at Development Services located at 2406 Leopard. Street, Corpus Christi Texas. Please contact Neighborhood Services Department Code Enforcement Division located at 1201 Leopard Street prior to obtaining the permit(s). Please contact the Teena Houston, Building Standards Board Liaison, if you have any questions regarding this matter or if I can be of assistance to you. I can be reached at (361) 826 -3029. Si•cerely, AOL1411(541 na Houston Building Standards Board Liaison Neighborhood Services Department Attachment: Board Order cc: 09 -1587 Exhilbi471— FINAL ORDER OF THE BUILDING STANDARDS BOARD Property Owner(s) BERNICE DENMON 5313 CAMINTO MINDY SAN DIEGO CA 92105 Re: 2817 LAWTON ST LOT: 19 BLOCK: 5 ADD'N: HARLEM PARK This final order is issued pursuant to the authority granted to the Building Standards Board ( "Board ") of the City of Corpus Christi, Nueces County, Texas ( "City "), in accordance with the Charter of the City and with Chapter 13 of the City's Code of Ordinances ( "Code "). Pursuant to the provisions of Chapter 13 of the Code, an inspection for substandard conditions was made of the building(s) or structure(s) located within the City at the following address: 2817 LAWTON ST (RESIDENCE) Following a public hearing held before the Board on SEPTEMBER 24, 2009 the building(s) or structure(s) were found to be substandard and, as owner of the premises on which the building(s) or structure(s) are located, you are hereby ordered to: X Obtain any and all required permits within 30 days from the date of this latter. ❑ Repair the building(s) or structure(s), in compliance in Sec. 13 -26(F) of the Code, within days from the date of this letter. ❑ Repair the building(s) or structure(s), in compliance in Sec. 13 -26(F) of the Code, within days from the date of this letter. Failure to repair the bldg(s) or structure(s) within the time stated shall authorize the City to demolish the bldg(s) or structure(s) and remove the debris. El Vacate the building(s) or structure(s) within days from the date of this letter and until the building or structure is in compliance with all minimum standards of the Code, or the building or structure is demolished and removed. X Demolish the building(s) or structure(s) and remove the debris within 30 days from the date of this letter. Failure to demolish the bldg(s) or structure(s) within the time stated shall authorize the City to demolish the bldg(s) or structure(s) and remove the debris. Renee Carter For Gregory Perkes For Frank Hastings For Ted Stephens For Jesus Jimenez Absent Shane Torno Absent Page 1o422- Page 2of2 Re: 2817 LAWTON ST LOT: 19 BLOCK: 5 ADD'N: HARLEM PARK Ordered this 2nd day of October, 2009. Signed under authority of the Board: Eduardo Ortega, Director Neighborhood Services Department —423— 7004 1350 0000 4811 PVILItAti ONOtl9ti Fa!, T !r ttit�.�f !GTED-DEI BERNICE DENMON 5313 CAMINITO MINDY SAN DIEGO CA 92105 RE: 2817 LAWTON ST -424- Cjtyor o push Christi 1 p C SERUM; DEIKIGj u NEE Pd Box 9277 Corpus Christi Texas 78469-9277 Phone 361-826-3010 Fax 361 -826 -3011 www.cctexas.com Code Enforcement Phone 361 -826 -3030 Housing Programs Phone 361••826 -3010 Model Block Program 361••826 -1760 ,Neighborhood Initiative Program (A'.I. P.) Phone 351 -826 -3234 September 29, 2009 CERTIFIED LETTER # 7004 -1350- 0000 - 4811 -9294 PHYLLIS DENMON RE: 2817 LAWTON ST 5313 CAMINITO MINDY ADD'N: HARLEM PARK SAN DIEGO CA 92105 LOT: 19 BLOCK: 5 The Building Standards Board met at 1 :30 p.m.. Thursdav, September 24, 2009 in the Council Chambers, 1201 Leopard, to hear matters concerning the substandard building(s) located at the above referenced property. A final order of the Board's decision made on that date is enclosed. The period of time allowed you to comply with the decision of the Board commences from the date of this letter. If you wish, you may appeal the decision of this Board to the City Council. Such appeal must be perfected by filing a sworn notice of appeal with the City Secretary within fifteen (15) days from the date of notice of the Board's written decision which is the date of this letter. This appeal must state specifically any error alleged to have been committed by the Board or that the decision of the Board would cause undue hardship and state the reasons for the hardship. It may be necessary for you to obtain the proper permits before initiating demolition or repairs as required by the Board. A permit can be obtained at Development Services located at 2406 Leopard Street, Corpus Christi Texas. Please contact Neighborhood Services Department Code Enforcement Division located at 1201 Leopard Street prior to obtaining the permit(s). Please contact the Teena Houston, Building Standards Board Liaison, if you have any questions regarding this matter or if I can be of assistance to you. I can be reached at (361) 826 -3029. Attachment: Board Order cc: 09 -1587 Si- erely, akin Teena Houston Building Standards Board Liaison Neighborhood Services Department —425— o City of Corpus Christi Property Owner(s) PHYLLIS DENMON 5313 O' ','iINTO `} INDY SAN DIEGO C A 92105 ANAL ORDE OF THE U0LD NG ST N®, RDS ARD Re: 2817 LA TON ST LOT: 19 BLOCK: 5 DD'N: HARLEM PARK This final order is issued pursuant to the authority granted to the Building Standards (Board ( "Board ") of the City of Corpus Christi, Nueces County, Texas ( "City "), in accordance with the Charter of the City and with Chapter 13 of the City's Code of Ordinances ( "Code "). Pursuant to the provisions of Chapter 13 of the Code, an inspection for substandard conditions was made of the building(s) or structure(s) located within the City M the following address: 2817 LAWTON ST (RESIDENCE) Following a public hearing held before the Board on SEPTEMBER 24, 2009 the building(s) or structure(s) were found to be substandard and, as owner of the premises on which the building(s) or structure(s) are located, you are hereby ordered to: X Obtain any and all required permits within 30 days from the date of this letter. ❑ Repair the building(s) or structure(s), in compliance in Sec. 13 -26(F) of the Code, within days from the date of this letter. ❑ Repair the building(s) or structure(s), in compliance in Sec. 13-26(9 of the Code, within days from the date of this letter. Failure to repair the bldg(s) or structure(s) within the time stated shall authorize the City to demolish the bldg(s) or structure(s) and remove the debris. ❑ Vacate the building(s) or structure(s) within days from the date of this letter and until the building or structure is in compliance with all minimum standards of the Code, or the building or structure is demolished and removed. Demolish the building(s) or structure(s) and remove the debris within 30 days from the date of this letter. Failure to demolish the bldg(s) or structure(s) within the time stated shall authorize the City to demolish the bldg(s) or structure(s) and remove the debris. Renee Carter For Gregory Perkes For Frank Hastings For Ted Stephens For Jesus Jimenez Absent Shane Torno Absent Page 1 of 2 —426— Page 2 of 2 Re: 2817 LAWTON ST LOT: 19 BLOCK: 5 ADD'N: HARLEM PARK Ordered this 2nd day of October, 2009. Signed under authority of the Board•, Eduardo Ortega, Director Neighborhood Services Department 0000 4811 REb'„ !RIO Lfl frodosorrionffolvdcod) rn rR N T.t:iff:56 01PC PHYLLIS DENMON 5313 CAMINITO MINDY SAN DIEGO CA 92105 RE: 2817 LAWTON ST -428- N,•-,,, n. .• •_. ,e-- Corpus Christi City Council P.O. Box 9277 Corpus Christi, Texas 7 ► 9 Attention: City Secretary lie: . Ap of Swards 2817 Lawton Stmt. +eI I 5313 CaminitD Mindy San Diego, CA 92105 October 6, 2009 RECEIVED OCT 272G (i9 CITY SECRETARY'S OFFICE September 24, 2009 decision This letter is to serve as a request to f• .,.,, iy appeal the by Standards : II to demolish the property located at 2817 Lawton Street. Ms et Denrnon who is 89 years old and earns less than 5;H dollars a mond. , !1 ► m Social Security does not have the ds to demolish the home. As her guardian 1 can assure you fe at ; e ., dishing of Kerr home would cause a great fnn�CIl� to �►i emolio a "� i... t �p on her. She has not ..i i►c ; fndoned L1 a sha :".11111 of returning to her home some day. Ms Denmon does not wish to vi,* late any community standards ;f«r:'1 in the made aware of any co., si bons visible to the public that si i ,c ntly deviated community ► trans she or her r eprs,entative promptly had if em corrected. The home is sturdy. 'Win si'.i ws are only board to help deter entry to the ho +.e . ,.fd utilities have been stopped to reduce the ►i r on . ". ces. (11e4 ,i,m As her representative 1 am not able to secure grants for her at this time address issues regarding her home as I am not able to locate the deed to the ; ►perty and can not say if anyone else such as a former spouse has an interest in the ho i i e. Co .,, ►a (.0 ' y repairs must be made slowly to accommodate Ms Denmon's budget and demolition costs at this time would cause Ms Denmon to incur a significant debt that she ,►ly would not recover from. '1n Thank you for your attention in this matter. Sincerely, Phillis Denmon Guardian of Bernice Denmon C} ISTINE AOLY BOTROS way M. 01865868 r aao - SAPI DIEGO =WY !MY Caron. Esp. OCT z 2019 Exhil�i �— State of gaitmis, County of laakig� Subscribed and sworn to (or affirmed) babe me on this? - day of r by 01-, <‘\ ∎� Pa5,yt proved to me on the basis of satisfactory evidence to be the person() who appeared before me. Nueces County Tax Office Tax Assessor- Coleecior Property Tax Balance Begin a New Search Go to Your Portfolio Pay Taxes by Check Pay Taxes by Credit Card Request an Address Correction Page I of 1 Unless otherwise noted, all data refers to tax information for 2009. All amounts due include penalty, interest, and attorney fees when applicable. Account Number: 323200050190 Address: DENMON BERNICE 5313 CAMINITO MINDY SAN DIEGO, CA 92105 Property Site Address: 2817 LAWTON Legal Description: HARLEM PARK LT 19 BK 5 Current Tax Levy: $0.00 Current Amount Due: $0.00 Prior Year Amount Due: $0.00 Total Amount Due: $0.00 Last Payment Amount for Current Year Taxes: Not Received Last Payer for Current Year Taxes: Not Received Last Payment Date for Current Year Taxes: Not Received Market Value: $32,786 Land Value: $5,795 Improvement. Value: $26,991 Capped Value: $28,403 Agricultural Value: $0 Exemptions: DRH HOM Taxes Due Detail by Year and Jurisdiction Click Here to see your estimated amount due for a future date. You can see this information by year and by both year and jurisdiction. About Ronnie Canales Property Tax Information FAQs Registri Nueces Cour Exhibit 9 erated Machine Permits cense and Permits Motor Vehicle ;tration Sisal Districts Delinquent Prol end Us Feedback ©2004 Appraisal & Collection Technologies. All rights reserved. —430— Home General Ilnfformation Dews FAQ Searches • Property ID Search O Account Search o Owner Search • Address Search • Advanced Search Property Data o Detail Sheet o Datasheet Other O Taxing Units o Neighborhoods O Abstracts o Subdivisions o Email o * *Legal Notice ** o Links O Forms O Directions O Nueces Aerial Photo o Maps & Downloads Pagel of t Nueces County Appraisal District Data on this Web site represents Certified 2009 Values Click HISTORY Link For Value Property Detail Sheet (R241996) History Plat Map GiS Map i ,', Datasheet Owner Information Owner ID: Owner Name: Owner Address: Property Address: Parcel Information Legal Description: Neighborhood: Acreage: Cross Reference: Undivided Interest: Exemption Codes: Entity Codes: Deed Type: Deed Book: Deed Page: Map Page: Values Breakdown Land HS: Land NHS: Improvement HS: Improvement NHS: Ag Market: Ag Use: Timber Market: Timber Use: Appraised: Homestead Cap: Assessed: ID Tye 0241996 DENMON BERNICE 5313 CAMINITO MINDY SAN DIEGO,CA 92105 2817 LAWTON HARLEM PARK LT 19 BK 5 S3232( HARLEM PARK ) 3232 - 0005 -0190 100 % DP (Disabled Person) HS (Homestead) CO3 (City Of CC) GNU (Nueces County) JRC (Del Mar Jr Coll) RFM (Farm To Mkt Road) SE (CCISD) HOSP (Hospital District) U -82A 2009 Preliminary Value $5,795 + $0 + $26,991 + $0 + $0 $0 + $0 $0 + $32,786 = $4,383 - $28,403 = .y TB -431- Improvements Value 0 0 N m a Appraised 28,403 Homestead Cap 1 4,383 History Information 2009 2008 2007 2006 Imp HS $26,991 $26,334 $35,550 $26,334 Imp NHS - - - Land HS $5,795 $6,464 $8,726 $6,464 Land NHS - - - - Ag Mkt - - - - Ag Use - - - - Tim Mkt - - - - Tim Use - - - - HS Cap $4,383 $6,977 $20,802 $11,130 Assessed $28,403 $25,821 $23,474 $21,668 Improvement Sketch N L O a E d x W DP, HS Entities CO3, GNU, JRC, RFM, SE, HOSP Legal Description HARLEM PARK LT 19 BK 5 Situs Address 2817 LAWTON H d as N Date Volume Page Seller Name Building Attributes Current Owner DENMON BERNICE (0241996) 5313 CAMINITO MINDY SAN DIEGO,CA 92105 .. i� _1 W ■ -"J - - .h --_ • -- . 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WW. _ • • 1■• • IMF Alm • - L .. _ -1 MEV • • • IF co • i • • IP ■. ■■ MEV AL MI IMF 1 • • IMP a: • IMP • • a) IP • • MEM • no AMA • • 1111ii•i'M . • I i. _a::-:- O =sew MI � — • 1. .. ∎•I —MI i-- 7- —f. —� ■: ■ ■ • • e! • • er • 1v -i' ▪ • ■ i !- Al • IN INV 1• ANL -= t ::. • X11 "- • • • !••••••■•._ .. - /1■ AMIL ..•==_ Ann • /V_����_- • l.� .. :. 1. -x • •••-1 • IMP !• • A.W! .. ■•MII -- 1 -its • IMP NNW I, • mMa • • '01 -p -• A III MAI AL • 30 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Mary Rhodes Pipeline Phase II (Garwood Financial Plan) Attachment #1 STAFF PRESENTER(S): Name Title /Position 1. Oscar Martinez Assistant City Manager - Public Works 2. Gus Gonzalez Director 3. Mark Van Vieck Deputy Director 4. Steve Klepper Superintendent of Administration OUTSIDE PRESENTER(S): Name Title /Position Department Water Water Water Organization 1. None 2. Additional Background ❑ Exhibits ❑ Oscar Martinez, Assistant City Manager oscarmAcctexas.com (361)826 -3897 • L 1 • 111 3 O v 0 taTITAVtarai • - Oa Nueces Sa 0 E �D � o � E c 0 0 u c(7) o 0 Q co Ca E c c CO CU 0 Q co E c 0 0 • • ._. • • . .. ..... -r . . . . . .:: - , Y f t S 0 o Wa er o _ _ ,Thr fa Raw Water 34,3% :3::...:Iiir.J.:.1 Customers , -...r r1:, 0 CI_ Treated 28.3 A .. .. Mir Customers (---1-- (....=. ..?..67.11.1 { . r II .'_} flic LEi .7--"' ..1;:ir-r, II.;:1; i ii i .1.' i I 11711:-1) =.7.- .7---1 CL Treated 37.4/o _.... - : :911.-. .11 r 7,-..-n.....-. id ehrla farta! ta7., (-:ITT7o giTILMTZ ED Customers 100.O% 4 %wile An. od rksi 0 0 ■1111111111111 CID #4 Porl c. co f2 i 4) a--+ CO CO C 0 . CO 4) CC lD 0 0 NJ C 0 0) ca CO * > Q Q c 4) c 0 c CAA c . 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Lii. < DC = . u .. astructure Fund MI' •II As -0 22 0 LL La" • - Effa OJCM Qa E 0 cn cn L 0) 0 cn 847) C 1) To C = 0) co U • • • Lan. ac.uisition cost NI tri co a. cL cc co co bo biO cn co s. . stimm CO tO 0 tan 0 s. 0 • Re•ulator actor . • i •® i • i ` . ' 'mar ea ri- co tin 0 . CO fft, co ma) E • 3 O ca a 2 2 2 N O LA N m nnual •a ment 20 ears @ 3% cost .allons 0 0 cri 0 41) i2 a-+ RS tko w ■ —62 CD •- 0 U a•_+ to 0 103 E ._ o VI -901 1). 0 0 0 V 0 0 o v E c 0 ca o .c aJ c aJ 0 0 0 aJ c o =' N . — 0 D TO o 0 ,m=;=m;im W z 311 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: City Council Briefing: 2009 Defense Community Conference and Upcoming City /Navy Joint Land Use Study STAFF PRESENTER(S): Name Title /Position Department 1. Rudy Garza Director of Govt Affairs Government Affairs 2. Faryce Goode -Macon Asst. Director Development Svcs. 3. Robert Payne Sr. City Planner Development Svcs. 4. Andrew Dimas City Planner Development Svcs. ISSUE: In November 2009, Development Services and Government Affairs staff attended the 2009 Defense Community Conference sponsored by the Department of Defense Office of Economic Adjustment. The primary purpose of the conference was to update communities with military base interests on various related topics, such as Mission Support, Base Re- alignment and Closure, and Joint Land Use Studies. This presentation is intended to brief Council on information presented, as well as to provide background on a future Navy /City of Corpus Christi Joint Land Use Study. REQUIRED COUNCIL ACTION: None. PowerPoint presentation X Supplemental information El -451- 1 Juan Perales, Jr., P.E. Assistant City Manager Department of Development Services -i -i -i 1 0 Ll _1_1 a) ,..-., ._, t --I S t ) ri) 41 '4 .■1 4'7 --I L_, -1 a ) .k._, t) _,-, _i_, 111 1/4_, st) .I.-, .■1 -7-1 i, cN :r) --1/4za_..) ) ) 1 , i . 1 1 __ —, „ , 1„ , , . ) - 1 1 a-,___..--_1.) ) . ., ,) a) —. 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