HomeMy WebLinkAboutAgenda Packet City Council - 03/08/2011i
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8:30 A.M. - Public notice is hereby given that the City Council will meet in Workshop Session on Tuesday,
March 8, 2011 at 8:30 a.m. in the Council Chambers, 1201 Leopard Street, Corpus Christi,
Texas to receive and discuss an FY 2012 Budget briefing on the following topics: 1) Function
and duties of Island Strategic Action Committee, 2) Budget Decision Packages for Zero Based
Budgeting, 3) Privatization / Reorganization Efforts.
11:45 A.M. - Proclamation declaring Saturday, March 12, 2011 as "Fiesta Fitness — Jump With Jill Day"
Proclamation declaring the month of March 2011 as "American Red Cross Month"
AGENDA
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD ST.
CORPUS CHRISTI, TEXAS 78401
MARCH 8, 2011
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. !f 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 tree 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 Chaplain Lynne Blackler, Christus Spohn Health System.
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 Tem Nelda Martinez
Council Members:
Chris N. Adler
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla Leal
John Marez
Mark Scott
Linda Strong
Interim City Manager Margie C. Rose
City Attorney Carlos Valdez
City Secretary Armando Chapa
Agenda
Regular Council Meeting
March 8, 2011
Page 2
E. MINUTES:
1. Approval of Special Meeting of February 19,
Meeting of February 22, 2011. (Attachment #
F. BOARDS & COMMITTEE APPOINTMENTS:
2. * Food Service Advisory Committee
G. EXPLANATION OF COUNCIL ACTION:
H.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
2011 and Regular
1)
(Attachment # 2)
For administrative convenience, certain of the agenda items are listed
as motions, resolutions, or ordinances. If deemed appropriate, the
City Council will use a different method of adoption from the one
listed; may finally pass an ordinance by adopting it as an emergency
measure rather than a two reading ordinance; or may modify the
action specified. A motion to reconsider may be made at this meeting
of a vote at the last regular, or a subsequent special meeting; such
agendas are incorporated herein for reconsideration and action on
any reconsidered item.
CONSENT AGENDA
Notice to the Public
The following items are of a routine or administrative nature, The Council has
been furnished with background and support material on each item, and /or it
has been discussed at a previous meeting. All items will be acted upon by
one vote without being discussed separately unless requested by a Council
Member or a citizen, in which event the item or items will immediately be
withdrawn for individual consideration in its normal sequence after the items
not requiring separate discussion have been acted upon. The remaining
items will be adopted by one vote.
CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES
FROM PREVIOUS MEETINGS:
(At this point the Council will vote on all motions, resolutions and ordinances
not removed for individual consideration.)
3. Motion approving the lease purchase of two (2) side loading
refuse trucks, one (1) rear steer brush truck and one (1) self
loader brush truck from the following companies for the
following amounts for a total amount of $927,901.65 of which
$16,673.18 is funded in FY 2010 -2011. The award is based on
the cooperative purchasing agreement with the Texas Local
Government Purchasing Cooperative (TLGPC). All units are
Agenda
Regular Council Meeting
March 8, 2011
Page 3
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
replacements to the fleet and will be used by the Solid Waste
Department. Financing for the equipment will be provided
through the City's lease - purchase financing program.
(Attachment # 3)
Rush Truck Centers of Texas, LP
Buda, Texas
Line Item 1
2 -side loading refuse trucks
$660,432.00
Southwest International Trucks, Inc.
Arlington, Texas
Line Items 2 & 3
1 rear steer brush truck & 1 self
loader brush truck
$287,469.65
Grand Total: $927,901.65
4. Motion approving supply agreements with the following
companies for the following amounts in accordance with the
Coastal Bend Council of Governments Bid Invitation No.
CBCOG -11 -1 for food items which include canned and frozen
fruit and vegetables, meats and condiments for an estimated six
month expenditure of $127,232.75. The terms of the contracts
shall be for six months with options to extend for up to three
additional months, subject to the approval of the Coastal Bend
Council of Governments, the suppliers, and the City Manager or
designee. Funds are available through the Meals on Wheels
and Elderly Nutrition Grants. (Attachment # 4)
LaBatt Food Service
Corpus Christi, Texas
94 Line Items
$70,388.37
Performance Food Group
Victoria, Texas
89 Line Items
$56,844.38
Grand Total: $127,232,75
5. Resolution authorizing the submission of a grant application in
the amount of $78,527.36 to the State of Texas, Criminal
Justice Division for funding available under the Victims of Crime
Act (VOCA) Fund for the Police Department's Family Violence
Unit, with a City match of $16,711.48, and $4,000 in -kind
services, for a total project cost of $99,238.84 and authorizing
the City Manager or designee to apply for, accept, reject, alter
or terminate the grant. (Attachment # 5)
Agenda
Regular Council Meeting
March 8, 2011
Page 4
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
6. Resolution authorizing the submission of a grant application in
the amount of $100,964.38 to the State of Texas, Criminal
Justice Division for funding available under the Violence Against
Women Act (VAWA) Fund for the Police Department's Family
Violence Unit with a City match of $40,906.69, and $7,200 in-
kind services, for a total project cost of $149,071.07 and
authorizing the City Manager or designee to apply for, accept,
reject, alter or terminate the grant. (Attachment # 6)
7.
a. Ordinance approving the assignment of a Farm Lease
Agreement at the Airport with Pat McDonough, Jr. to Matt
Danysh authorizing the City Manager or designee to execute
the assignment and assumption agreement between all
parties. (Attachment # 7)
b. Ordinance authorizing the City Manager or designee to ratify
an amendment to the Farm Lease Agreement with Matt
Danysh, regarding types of permissible crops and to revise
the rental payments from $55 per acre to $27.50 per acre
plus 25% of gross receipts on harvested crops. (Attachment
# 7)
8. Ordinance authorizing the City Manager or designee to execute
an amendment to the Airport In- Terminal Advertising
Concession Agreement with In- Ter -Space Services, Inc., d /b /a
Clear Channel Interspace Airports ( "Concessionaire ") to amend
definition of gross receipts to exclude Concessionaire's printing
and other brochure costs and include amounts paid by third -
party advertisers for brochure production and distribution within
the airport terminal; ratifying effective date of January 1, 2011.
(Attachment # 8)
9.
a. Resolution authorizing the City Manager or designee to
accept a cash donation in the amount of $10,869.57 from the
Vera Searcy McGonigle Estate for the support of the Corpus
Christi Museum of Science and History. (Attachment # 9)
b. Ordinance appropriating $10,869.57 from the Vera Searcy
McGonigle Estate into the No. 1020 General Fund for the
support of the Corpus Christi Museum of Science and
Agenda
Regular Council Meeting
March 8, 2011
Page 5
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
History; changing the FY 2010 -2011 Operating Budget
adopted by Ordinance No. 028683 to increase revenues and
expenditures by $10,869.57 each. (Attachment # 9)
10. Resolution nominating Flint Hills Resources, LP, to the Office of
the Governor Economic Development & Tourism, through the
Economic Development Bank, for designation as a double
jumbo enterprise project, under the Texas Enterprise Zone
Program under the Texas Enterprise Zone Act, Chapter 2303,
Texas Government Code. (Attachment # 10)
11. Motion authorizing the City Manager or designee to execute a
Construction Contract with Malek, Inc., of Corpus Christi, Texas,
in the amount of $635,220 for the City/County Health
Department Facility Rehabilitation for the Total Base Bid.
(BOND ISSUE 2008) (Re -Bid) (Attachment # 11)
12.
a. Ordinance abandoning and vacating a 10,541.52- square foot
portion (0.242 acre) of an existing 15 -foot wide utility
easement out of Lexington Industrial Center, crossing a
portion of Lots 23 and 30, located south of the South Padre
Island Drive (SH 358), state right -of -way; requiring the
Owner, Wal -Mart Stores Texas, L.P., to comply with the
specified conditions. (Attachment # 12)
b. Ordinance abandoning and vacating a 10,715.76- square foot
portion (0.246 acre) of an existing 10 -foot wide utility
easement out of Lexington Industrial Center, crossing a
portion of Lots 19, 23, and 30, located south of the South
Padre Island Drive (SH 358), state right -of -way; requiring the
Owner of Lot 19, Wal -Mart Real Estate Business Trust and
the Owner of Lots 23 and 30, Wal -Mart Stores Texas, L.P.,
to comply with the specified conditions. (Attachment # 12)
c. Ordinance abandoning and vacating a 9,757.44 - square foot
portion (0.224 acre) of an existing 7.5 foot wide utility
easement out of Lexington Industrial Center, crossing a
portion of Lots 23 and 30, and lying 7.5 feet from the west
property line of Lot 23, located south of the South Padre
Island Drive (SH 358) state right -of -way; requiring the
Owner, Wal -Mart Stores Texas, L.P., to comply with the
specified conditions. (Attachment # 12)
Agenda
Regular Council Meeting
March 8, 2011
Page 6
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
d. Ordinance abandoning and vacating a 6,098.40 - square foot
(0.140 acre) being all of an existing 7.5 -foot wide utility
easement out of Lexington industrial Center, crossing a
portion of, and abutting the west property line of, Lot 23,
located south of the South Padre Island Drive (SH 358),
state right -of -way; requiring the owner, Wal -Mart Stores
Texas, L.P., to comply with the specified conditions.
(Attachment # 12)
e. Ordinance abandoning and vacating a 8,276.40- square foot
parcel, (0.190 acre), being all of an existing 10 -foot wide
access easement, and a 400 - square foot parcel, being all of
an existing 20 X 20 foot wide utility easement, both out of
Lexington Industrial Center, crossing a portion of, and
abutting the east property line of Lot 19, located south of the
South Padre Island Drive (SH 358) state right -of -way;
requiring the Owner, Wal -Mart Real Estate Business Trust,
to comply with the specified conditions. (Attachment # 12)
f. Ordinance abandoning and vacating a 5,357.88- square foot
portion (0.123 acre) of an existing 5 -foot wide water line
easement out of Lexington Industrial Center, crossing a
portion of Lots 19, 23, and 30, located south of the South
Padre Island Drive (SH 358), state right -of -way; requiring the
Owner of Lot 19, Wal -Mart Real Estate Business Trust and
the Owner of Lots 23 and 30, Wal -Mart Stores Texas, L.P.,
to comply with the specified conditions. (Attachment # 12)
Ordinance abandoning and vacating a 958.32- square foot
portion (0.022 acre) of an existing 15 -foot wide utility
easement out of Lexington Industrial Center, crossing a
portion of, and abutting a portion of the west property line of,
Lot 26R, located south of the South Padre Island Drive (SH
358), state right -of -way; requiring the Owner, Wal -Mart Real
Estate Business Trust, to comply with the specified
conditions. (Attachment # 12)
g.
h. Ordinance abandoning and vacating a 10,105.92- square foot
portion (0.232 acre) of an existing 7.5 -foot wide utility
easement out of Lexington Industrial Center, being a portion
of Lots 23, 24, 25, 26R and 30 located south of the South
Padre Island Drive (SH 358) state right -of -way; requiring the
Owner of Lots 24, 25 and 26R, Wal -Mart Real Estate
Agenda
Regular Council Meeting
March 8, 2011
Page 7
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Business Trust and the Owner of Lots 23 and 30, Wal -Mart
Stores Texas, L.P., to comply with the specified conditions.
(Attachment # 12)
13. Ordinance authorizing the City Manager or designee to execute
an amendment to the MMD Communications agreement
regarding the 2011 Boat Show event at Peoples Street T -Head,
to amend term from ten days to eight days (April 4 through April
11, 2011) and rent fees from $30,000 to $18,000. (Attachment
# 13)
14. Motion approving the temporary street closures of the Peoples
Street T -head and the northbound lanes of Shoreline Boulevard
(including the medians) from the north curb line of Schatzel
Street to the south right -of -way of Taylor Street, beginning at
6:00 a.m. on Monday, April 4, 2011 and ending at 5:00 p.m. on
Monday, April 11, 2011, for the Texas International Boat Show,
pending the applicant MMD Communications' timely submittal,
and the City's receipt, of the required Certificate of insurance.
(Attachment # 14)
15. First Reading Ordinance - Amending Section 53 -255 of the
Code of Ordinances to decrease the speed limit on Whitecap
Boulevard between Park Road 22 and Windward Drive, from 40
mph to 35 mph at all times, providing for penalties; and
providing for publication. (Attachment # 15)
16. First Reading Ordinance - Amending Section , 53 -254 of the
Code of Ordinances to increase the speed limit on Yorktown
Boulevard between Weber Road and Everhart Road from 35
mph to 40 mph at all times, providing for penalties; and
providing for publication. (Attachment # 16)
17.
a. First Reading Ordinance - Amending Section 53 -254 of the
Code of Ordinances to adjust the boundary of the 35 mph
speed limit zone on North and South Shoreline Boulevard to
be from Craig Street to Power Street, 35 MPH at all times,
providing for penalties; and providing for publication.
(Attachment # 17)
Agenda
Regular Council Meeting
March 8, 2011
Page 8
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
b. First Reading Ordinance - Amending Section 53 -255 of the
Code of Ordinances to decrease the speed limit on
Shoreline Boulevard from Power Street to the end of the
roadway fronting the Art Museum of South Texas; from 35
MPH to 20 MPH at all times, providing for penalties; and
providing for publication. (Attachment # 17)
I. 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,
18. Executive Session pursuant to Texas Government Code
Section 551.071 regarding City of Corpus Christi, Texas vs.
Friends of the Coliseum et al, Cause No. 2010 -DCV- 6004 -E, in
the 148th District Court of Nueces County, with possible
discussion and action in open session.
19. Executive session pursuant to Texas Government Code Section
551.074 (a) to deliberate the appointment of a City Manager
with possible discussion and action in open session.
J. PUBLIC HEARINGS:
ZONING CASES:
20. Case No. 0211 -04, J & G Armadillo Bookkeeping: The applicant
is requesting a change of zoning from the "A -2" Apartment
House District to the "AB" Professional Office District resulting in
a change of future Land use from a medium - density residential
use to a professional office use. The property to be rezoned is
Paul Court, Block 13, Lot 12, located at the southwest
intersection of Lipan Street and Josephine Street. (Attachment
# 20)
Planning Commission and Staff's Recommendation: Approval
of the applicant's request for a change of zoning from the "A -2"
Apartment House District to the "AB" Professional Office District.
Agenda
Regular Council Meeting
March 8, 2011
Page 9
ORDINANCE
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Amending the Zoning Ordinance, upon application by J & G
Armadillo Bookkeeping, by changing the Zoning Map in
reference to Paul Court, Block 13, Lot 12, located at the
southwest intersection of Lipan Street and Josephine Street,
from the "A -2" Apartment House District to the "AB" Professional
Office District, resulting in a change of future land use from a
medium- density residential use to a professional office use;
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.
K. REGULAR AGENDA
CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES:
21. Resolution honoring Angel R. Escobar. (To be considered at
approximately 12:00 p.m.) (Attachment # 21)
22. Resolution adopting a City of Corpus Christi Civility Accord.
(Attachment # 22)
23.
a. Motion authorizing the City Manager or designee to execute
a construction contract with Texas Sterling Construction
Company of Houston, Texas in the amount of $6,313,253.50
for Staples Street Phase 2 from .Barracuda Place to Gollihar
Road for the Total Base Bid. (BOND ISSUE 2008)
(Attachment # 23)
b. Motion authorizing the City Manager or designee to execute
Bid Alternate Nos, 1 and 4 with Texas Sterling Construction
Company of Houston, Texas in the amount of $70,000 for
Staples Street Phase 2 from Barracuda Place to Gollihar
Road, subject to the execution of an agreement with Wal-
Mart. (Attachment # 23)
c. Motion authorizing the City Manager or designee to
negotiate and execute an agreement with WaI -Mart for the
City to phase construction under Bid Alternate Nos. 1 and 4
(to complete the section of work from Carmel Parkway to
Everhart Road by October 14, 2011). (Attachment # 23)
Agenda
Regular Council Meeting
March 8, 2011
Page 10
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
d. Motion authorizing the City Manager or designee to execute
Amendment No. 3 to the Contract for Professional Services
with LNV Engineering of Corpus Christi, Texas, in the
amount of $94,754 for a total revised contract amount of
$2,064,127 for Staples Street Phase 1 from Brawner to
Barracuda and Staples Street Phase 2 from Barracuda
Place to Gollihar Road for construction observation services
for Phase 2 from Barracuda Place to Gollihar Road.
(Attachment # 23)
e. Motion authorizing the City Manager or designee to execute
an Agreement for Construction Materials Testing and
Engineering Services with Toluriay -Wong Engineers, Inc., of
Corpus Christi, Texas in the amount of $88,270 for Staples
Street Phase 2 from Barracuda Place to Gollihar Road.
(Attachment # 23)
24. Resolution initiating the City Council's review and
implementation of revised policies to govern the adoption of the
City's Capital Improvement Plan and use of the commercial
paper program. (Attachment # 24)
25. Second Reading Ordinance — Approving the FY 2011 Capital
Budget and Capital Improvement Planning Guide in the amount
of $173,982,100. (First Reading — 02/22/11) (Attachment # 25)
L. PRESENTATIONS:
Public comment will not be solicited on Presentation items.
26. Update Report on Texas Commission on Environmental Quality
(TCEQ) and Agency for Toxic Substances and Disease Registry
(ATSDR) Field Testing in Hillcrest/Dona Park Area (Attachment
# 26)
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,
Agenda
Regular Council Meeting
March 8, 2011
Page 11
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
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)
0. 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 ,1, 15'
p.m.,
on March 3, 2011.
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 2010 -2011
IL
[Oi
,. i
4r*
Bayfront and Downtown Initiatives
Complete Utility Master Plans
Conservation and Recycling Education Plan
Comprehensive Economic Development
Approach
Street Improvement Plan
Development Process Improvement
Mary Rhodes Pipeline Phase 11 Water Plan
Safe and Healthy Community-Initiatives
(Gang, Graffiti, and Physical Health Emphasis)
Support Continued Military Presence
f
1
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Special Council Meeting
February 19, 2011 -8:00 a.m.
PRESENT
Mayor Joe Adame
Mayor Pro Tem Nelda Martinez
Council Members
Chris Adler
Larry Elizondo Sr.
Kevin Kieschnick
Priscilla Leal
John Marez
Mark Scott
Linda Strong
City Staff
City Manager Angel Escobar
City Attorney Carlos Valdez
City Secretary Armando Chapa
Mayor Adame called the meeting to order at 8:05 a.m. in the Council Chambers of City Hall.
The invocation was delivered by Mayor Joe Adame and the Pledge of Allegiance to the
United States flag was led by Council Member Kevin Kieschnick.
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 announced that the Council would go into Executive Session pursuant to
551.074 of the Texas Government Code to deliberate the evaluation and appointment of a City
manager with possible discussion and action in Open Session. He also announced that the Executive
Session would be held in the ACM Conference Room, Fifth Floor of City Hall and that the Council
would reconvene in Open Session after the Executive Session.
* * * * * * * * * * **
The City Council reconvened in Open Session at 5:10 p.m. Council Member Kieschnick
made a motion seconded by Council Member Elizondo that the Council proceed by expressing their
top two choices of applicants for the position of City Manager. Motion passed unanimously.
The Council asked City Secretary Chapa to list all six applicants on a board to tabulate the
Council's preferences. Council Members Kieschnick, Elizondo, Leal, Marez, Martinez, Strong, and
Adler expressed their preference for Ronald L. Olson and Floyd T. Johnson. Mayor Adame and
Council Member Scott expressed their preference for Patrick S. Banger and Ronald L. Olson.
Council Member Scott made a motion to select Ronald L. Olson and Floyd T. Johnson as the top two
candidates for the position of City Manager. Motion was seconded by Council Member Kieschnick
and passed unanimously.
— 1 —
Special Council Meeting
February 19, 2011- Page 2
The Council expressed interest in providing a forum for the public to meet, interact and
provide input on the candidates. Consultants Robert Slavin and Toby Futrell provided information
on how the public forum setting could be organized. Council Member Marez made a motion to allow
further council reviews and opportunity by providing a public forum setting for the public to meet and
interact with the two top candidates. Motion was seconded by Council Member Martinez. After
some discussion, Council Member Martinez made a motion to amend the previous motion by
authorizing the Mayor to coordinate the public forum effort. Motion to amend was seconded by
Council Member Kieschnick and passed unanimously.
The following motion was then voted on as amended:
1. MOTION NO. 2011-048
Motion authorizing the Mayor to coordinate public forum meetings which would allow the public to
meet and interact with the two top candidates for the position of City Manager, Ronald L. Olson and
Floyd T. Johnson, and for the Council to receive input regarding those meetings.
The foregoing motion was passed and approved as amended with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong voting "Aye ".
* * * * * * * * * * **
The Mayor asked for public comment. Dr. Gloria Scott, thanked the Council for process, and
spoke in support of the public forum to meet the candidates.
* * * * * * * * * * **
There being no further business to come before the Council, Mayor Adame adjourned the
Council meeting at 5:35 p.m. on February 19, 2011.
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
February 22, 2011 - 12:00 p.m.
PRESENT
Mayor Joe Adame
Mayor Pro Tem Nelda Martinez
Council Members:
Chris Adler
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla Leal
John Marez
Linda Strong*
Mark Scott **
*Arrived at 12:22 p.m.
* *Arrived at 2:43 p.m.
City Staff:
City Manager Angel R. Escobar
City Attorney Carlos Valdez
City Secretary Armando Chapa
Mayor Adame called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Reverend Charles Blackshear with First Presbyterian
Church and the Pledge of Allegiance to the United States flag was led by Council Member Adler.
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 February
15, 2011. A motion was made and passed to approve the minutes as presented.
Mayor Adame referred to [tem 2 and the following board appointments were made:
Building Standards Board
Randal Salazar (Reappointed)
Michael A. McCauley (Appointed)
Ramiro Munoz III (Appointed)
Sister City Committee
Angelica Carmona (Appointed)
Meredith Grant (Appointed)
Retired and Senior Volunteer Program Advisory Committee
Margaret A. Ramsey (Reappointed)
Herlinda Escobar Cantu (Appointed)
Arthur Carrillo (Appointed)
Jennifer Larivey (Appointed)
* * * * * * * * * * **
Mayor Adame called for consideration of the consent agenda (Items 3 - 11). There were no
comments from the public. City Secretary Chapa announced that Item 8 is being withdrawn by staff.
City Secretary Chapa polled the Council for their votes as follows:
Minutes — Regular Council Meeting
February 22, 2011 — Page 2
3. MOTION NO. 2011-049
Motion approving a service agreement with McNeilus Truck & Manufacturing, of Hutchins,
Texas for the refurbishment of thirty -two (32) solid waste refuse trucks for a total amount of
$148,941. The award is based on sole source and will be used by the Solid Waste
Department. Funds are available in the Solid Waste Operation Budget in FY 2010 -2011.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Scott and Strong were
absent.
4. MOTION NO. 2011 -050
Motion approving a supply agreement with General Chemical Performance Products, LLC of
Parsippany, New Jersey for approximately 13,000 tons of liquid aluminum sulfate in
accordance with Bid Invitation No. BI- 0069 -11, based on low bid, for an estimated annual
expenditure of $1,257,490, of which $523,954.17 is required in FY 2010 -2011. The term of
the contract is for twelve months with options to extend for up to two additional twelve -month
periods, subject to the approval of the contractor and the City Manager, or his designee.
This chemical will be used by the Water Department for treatment of our water supply.
Funds have been budgeted by the Water Department in FY 2010 -2011.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Scott and Strong were
absent.
5. MOTION NO. 2011 -051
Motion authorizing the purchase of specialized equipment for the total amount of $226,000
from the 2010 State Homeland Security Program Law Enforcement Terrorism Prevention
Activity (SHSP LETPA) grant awarded to the City of Corpus Christi and budgeted in the Fire
Grant Fund No. 1062.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Scott and Strong were
absent.
6. RESOLUTION NO. 028968
Resolution authorizing the submission of a grant application in the amount of $59,914 to the
State of Texas, Office of the Governor, Criminal Justice Division for funding available under
the Criminal Justice Programs Fund for the Police Department to establish a Regional
Fusion Center with a cash contribution of $25,000 from the Law Enforcement Trust Fund
and authorizing the City Manager or his designee to apply for, accept, reject, alter or
terminate the grant.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Scott and Strong were
absent.
Minutes — Regular Council Meeting
February 22, 2011 — Page 3
7.a. RESOLUTION NO. 028969
Resolution authorizing the City Manager or his designee to accept a $40,000 National
Recreation and Park Association Achieve Grant to develop a Community Action Plan that
will address chronic disease prevention and health promotion, and to execute all related
documents.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Scott and Strong were
absent.
7.b. ORDINANCE NO. 028970
Ordinance appropriating $40,000 grant from the National Recreation and Park Association
Achieve Grant in the No. 1067 Parks and Recreation Grant Fund, to develop a Community
Action Plan that will address chronic disease prevention and health promotion.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adarne, Adier, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting
"Aye "; Scott and Strong were absent.
8. WITHDRAWN BY STAFF
Head to amend term from ten days to eight days (April 1 through April 11, 2011) and rent
9. RESOLUTION NO. 028971
Resolution amending the service provider and custodial agreements with Valic Retirement
Services Company and AIG Federal Savings Bank for services with respect to the Deferred
Compensation Plan for sworn police officers adopted by Resolution No. 024321 to extend
the current renewal term of the agreements.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Scott and Strong were
absent.
10. MOTION NO. 2011 -052
Motion authorizing the City Manager, or his designee, to execute a Job Order Contract with
Barcom Commercial, Inc. of Corpus Christi, Texas in the amount of $74,602.20 forthe Fire
Station No. 3 Renovations. (BOND ISSUE 2008)
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Scott and Strong were
absent.
Minutes — Regular Council Meeting
February 22, 2011 — Page 4
11. MOTION NO. 2011-053
follows:
Motion authorizing the City Manager or his designee to execute a Warranty Deed and a
Utility Easement instrument with George T. Smith and wife, Faye K. Smith in the total
amount of $107,133 plus $794 for a title policy, for the acquisition of Parcel 7 containing
1.122 acres of land for street right -of -way improvements located at the northwest corner of
Airline Road at Lipes Boulevard and Parcels 7A and 7B containing 0.248 acres of Utility
Easement for construction of drainage improvements along the frontage of Airline Road to
Master Channel 31, all necessary for the Airline Road Street improvement Project -
Saratoga Boulevard to Rodd Field Road, Project #6465, Bond 2008 and for other municipal
purposes. (BOND ISSUE 2008)
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Scott and Strong were
absent.
* * * * * * * * * * * * *
Mayor Adame announced the executive sessions, which were listed on the agenda as
12. Executive session pursuant to Section 551.074(a) of the Texas Government Code to
deliberate the appointment of an Interim City Manager with possible discussion and action in
open session.
13. Executive session pursuant to Section 551.074(a) of the Texas Government Code to
deliberate the appointment of a City Manager with possible discussion and action in open
session.
The Council went into executive session. The Council returned from executive session.
Mayor Adame announced that no action will be taken on Item 13 regarding the appointment of a City
Manager and announced a public forum will be held on Saturday, February 2& at 2:00 p.m. at the
American Bank Center, Henry Garrett Ballrooms, to allow the public to meet and interact with the top
two candidates for City Manager.
The following motion was passed regarding Item 12:
12. MOTION NO. 2011 -054
Motion to appoint Margie Rose as Interim City Manager effective March 6, 2011 until the
appointment and qualification of the new City Manager and authorizing the Mayor to set
interim compensation.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Marez, Martinez, and Strong, voting "Aye"; Scott was absent.
* * * * * * * * * * * *
Mayor Adame referred to Item 14, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Minutes — Regular Council Meeting
February 22, 2011 — Page 5
Case No. 0111 -04, CGP Acquisition & Development, LLC: The applicant is requesting a
change of zoning from the "R -1 B" One - family Dwelling District to the "B -1" Neighborhood
Business District resulting in a change of future land use from a low- density residential use
to a commercial use. The property to be rezoned is 1.305 acres out of Bohemian Colony
Lands, Section 3, Lot 4, located north of Holly Road and west of Santa Olivia Street.
Senior Planner Miguel Saldana referred to a powerpoint presentation including an aerial
view; the existing land use map; the future land use map; ownership map; views of the subject
property; the original and revised site plan; and the key issues. Mr. Saldana stated that the staff
recommended denial of the applicant's request for a change of zoning from the "R -1 B" One - family
Dwelling District to the "B -1" Neighborhood Business District. Mr. Saldana stated that the Planning
Commission is recommending approval of the applicant's request for a change of zoning from the
"R-1B" One - family Dwelling District to the "B -1" Neighborhood Business District.
The following topics pertaining to this item were discussed: operation of a Dollar General on
subject property; ingress and egress on Santa Olivia; utilization of the project by residents; and
staff's concern with the impact of traffic to the single family residential area.
Mayor Adame called for comments from the audience. Mark Bush, representative for the
applicant, stated that he was present to respond to questions. Mr. Marez made a motion to close the
public hearing, seconded by Ms. Leal, and passed. Mr. Chapa polled the Council for their votes as
follows:
14. ORDINANCE NO. 028972
Amending the Zoning Ordinance, upon application by CGP Acquisition & Development, LLC,
by changing the Zoning Map in reference to 1.305 acres out of Bohemian Colony Lands,
Section 3, Lot 4, located north of Holly Road and west of Santa Olivia Street, from the "R-1B"
One - family Dwelling District to the "B -1" Neighborhood Business District, resulting in a
change of future land use from a low- density residential use to a commercial use; 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: Adame, Elizondo, Kieschnick, Leal, Marez, Martinez, and Strong, voting
"Aye "; Adler abstained; Scott was absent.
* * * * * * * * * * * * *
Mayor Adame opened discussion on Item 15 regarding the development of the Palms at
Leopard Street. Director of Neighborhood Services Eddie Ortega explained that this resolution is
declaring support from the City of Corpus Christi for the development of the Palms at Leopard Street
and declaring it as its first priority of support in the Region 10 urban area designated by the State of
Texas. Mr. Ortega added that the project includes the development of a 120 unit family development
replacing the existing Northside Manor Apartments. John Longoria, Volunteer Chairman of Housing
and Community Services; Ray Lucas, Independent Asset Development; Deborah Guerrero, Vice
President of Texas Developments for NRP; Jose Mascoro, Assistant Director of Corporate Services,
were available to respond to questions.
Council Member Kieschnick stated that he strongly supported this resolution. Council
Member Elizondo also expressed full support for the resolution.
Minutes — Regular Council Meeting
February 22, 2011 — Page 6
The following topics pertaining to this item were discussed: demolition of the old facility;
services for the residents; and Neighborhood Revitalization Partners (NRP).
MayorAdame called for comments from the audience. Gloria Scott spoke regarding the lack
of interaction with the community and use of other land in the northside area. Ms. Scott asked the
Council to consider delaying approval to allow for involvement of the community. Abel Alonzo, 1701
Thames, encouraged the Council to support the project unanimously. Mr. Alonzo stated that
affordable housing is needed in this community and spoke in appreciation of the project requiring
10% of the housing for the disabled. Mr. Longoria stated that the group has worked with the
residents and involved the local community in this project.
City Secretary Chapa polled the Council for their votes as follows:
15. RESOLUTION NO. 028973
Resolution declaring the City of Corpus Christi's support of the development of The Palms at
Leopard Street.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Marez, Martinez, and Strong, voting "Aye"; Scott was absent.
Mayor Adame opened discussion on Item 16 regarding approval of the FY2011 Capital
Budget and Capital Improvement Planning Guide. Assistant City Manager Oscar Martinez provided
an overview of the public hearings held on the CIP; the delay of the vote on the first reading to allow
time for public review; the funding sources; the uses by program; the list of projects and dollar
amounts associated with Year 1; funding sources; revenues by type; the short term three -year plan;
the combined long range CIP summary; and the revised expected utility rate increases.
The following topics pertaining to this item were discussed: the inclusion of the Greenwood
Treatment Plant expansion in the long range program; funding for the Centennial House
Renovations and Labonte Park Improvements and potentially moving funding to the City /County
Park located byTuloso Midway High School; status of Hopkins Road Drainage Improvements; land
acquisition for the Mary Rhodes Pipeline and the total cost of the project; grant funding from Texas
Parks & Wildlife; holding the Type A recommended and funded projects for Sunfish Island
Nourishment Project and Barge Dock Projection until receiving Council direction; amending the plan
with potential funding cuts from CDBG; anticipated engineering expenses with the Convention
Center and Selena Auditorium; whether the Council can agree or disagree on specific CIP projects;
creative planning when addressing the seawall projects to create value on the seawall; future
discussion on the 1/8 cent sales tax to ask voters to redirect for streets, use on seawall projects
identified, or other seawall redevelopment initiatives; Lift Station Repairs citywide; whether utility
transfers will be part of the budget; the Wetlands Mitigation Bank project; and communication with
the public on the impact to the utility rates.
Mr. Martinez stated that the criteria applied for the CIP projects include utility projects in Year
1 regulatory required; projects under construction; only completing projects to the completion of
design work; and the consideration for the health and safety needs of the system.
MayorAdame called for comments from the audience. Abel Alonzo, 1701 Thames, thanked
the Council for delaying the first reading last week and spoke regarding the C1P being available for
public review. Carolyn Moon, 4902 Calvin, spoke regarding placing agenda attachments separately
on the website; the increase on utility rates; and redirecting the 1/8 cents sales tax to streets.
City Secretary Chapa polled the Council for their votes as follows:
-8--
Minutes — Regular Council Meeting
February 22, 2011 — Page 7
16. FIRST READING ORDINANCE
Approving the FY 2011 Capital Budget and Capital Improvement Planning Guide in the
amount of $173,982,100.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Strong, voting "Aye ";
Scott was absent.
* ************
Mayor Adame referred to Item 17 regarding the Corpus Christi Regional Economic
Development Corporation (CCREDC) quarterly update. President and CEO of the CCREDC Roland
Mower referred to a powerpoint presentation including the 2010 economic trends for employment,
permits, and enplanements; the three -prong strategy; accomplishments; activity updates;
consolidation of economic development functions; and activity summary.
The following topics pertaining to this item were discussed: additional information on
ACCION and closing costs and changes to the Texas Enterprise Zone Code designations.
* * * * * * * * * * * **
Mayor Adame called for petitions from the audience. Carolyn Moon, 4902 Calvin, spoke
regarding the sale of property at Naval Air Station Ingleside and a water taxi concept. Gloria Scott
spoke regarding the Council considering involving the community prior to voting on items and
thanked the Council for the appointment of Margie Rose as Interim City Manager.
* * * * * * * * * * * **
There being no further business to come before the Council, Mayor Adame adjourned the
Council meeting at 3:13 p.m. on February 22, 2011.
* * * * * * * * * * * **
2
a. FOOD SERVICE ADVISORY COMMITTEE — One (1) vacancy with term to 6 -24-
11 representing the following category: food industry. (Since the term ends on 6- 24 -11,
it is recommended the appointment be for a new three-year term ending 6- 24 -14.)
DUTIES: The functions will be to advise the Director of Health on application of
ordinances regarding food and food establishments, review the permit fees annually to
ensure the cost of the program is returned to the City, and to conduct hearings pursuant to
the sections of the ordinance relating to revocations and to make written
recommendations to the City health officer whether to revoke or suspend a food
manager's permit, pursuant to Art.19 -84.
COMPOSITION: Seven (7) members. The membership shall consist of four (4) local
food managers from the food service or food processing industries and three (3) persons
from the community at large. Members of the committee shall be appointed by the City
Council for staggered terms so that at least one industry representative, and one
community member are reappointed each year. No voting member may serve more than
two terms of three years each with the exception of those initially appointed for less than
a full three -year term.
ORIGINAL
MEMBERS TERM APPTD. DATE
****Joshua Hinojosa (Food Industry) 6 -24 -11 2 -12 -08
Lisa Pollakis (Food Industry), Chair 6 -24 -12 6 -30 -09
Jack Baker (Food Industry) 6 -24 -12 6 -30 -09
Dr. Nina Sisley (Community at Large) 6 -24 -11 6 -14 -05
Robert Boyle (Community at Large) 6 -24 -11 12 -7 -10
Gabriel G. Hernandez (Food Industry) 6 -24 -13 6 -19 -07
Anthony Hernandez (Community at Large) 6 -24 -13 4 -13 -10
INDIVIDUALS EXPRESSING INTEREST
Sylvia R. Cantu
Ralph Chavez
Owner, Texas Sno -Pro. Formerly Records Management
Coordinator /Supervisor for Nueces County. Recipient of
Outstanding Awards from Texas State Library and South
Texas State Associate Records Management Association.
(Food Industry) (5- 28 -09)
Bakery Supervisor, Corpus Christi Independent School
District. Attended Del Mar College. Activities include:
Carroll Tiger Band, Musician, Golfer and Outdoorsman.
(Food Industry) (4- 15 -10)
Legend:
*Seeking reappointment
* *Not seeking reappointment
***Resigned
****Exceeded number of absences allowed by ordinance
*****Has met six -year service limitation
Carlos R. Moreno
Jesse OIivares
Ted Schroeder
Doan Shockley
Food Service Manager, Stripes #2120. Activities include:
LULAC Council #1. Recipient of LULAC Man of the
Year. (Food Industry) (2- 24 -09)
Catering, Big O's. Co- Owner, Treehouse Woodesigns.
Actvities include: Corpus Christi Hispanic Chamber of
Commerce, Junior Achievement and AVANCE. (Currently
serves on the Airport Board, but will resign if appointed.)
(Food Industry) (1-21-11)
Owner /Administrator/Instructor, Gulf Coast Food Manager
Certification Program. Received Degree in Business
Management from University of Kentucky. Past President
of Elizabeth Town, Kentucky Jaycees and Lions. (Food
Industry) (4- 23 -09)
Director of Restaurant Services, Stripes. Received BS from
the University of Houston and A.O.S from The Culinary
Institute of America -Hyde Park. Former Instructor at
Conrad N. Hilton College at University of Houston. (Food
Industry) (6 -8 -09)
3
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 3/08/2011
AGENDA ITEM:
RECOMMENDATION: Motion approving the lease purchase of two (2) side loading refuse trucks, one (1)
rear steer brush truck and one (1) self loader brush truck from the following companies for the following
amounts for a total amount of $927,901.65 of which $16,673.18 is funded in FY 2010 -2011. The award is
based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative
(TLGPC). All units are replacement to the fleet and will be used by the Solid Waste Department. Financing
for the equipment will be provided through the City's lease- purchase financing program.
Rush Truck Centers of Texas, LP
Buda Texas
Line Item 1
2 side loading refuse trucks
$660,432.00
Southwest International Trucks, Inc.
Arlington, Texas
Line Items 2 & 3
1 rear steer brush truck and 1 self loader brush truck
$267,469.65
Total Amount: $927,901.65
ISSUE: The Solid Waste Department's collection division collects recycling material, garbage, brush and
bulky items. Replacement of worn out vehicles is essential to providing uninterrupted customer service in a
cost efficient manner.
The two (2) side loading refuse trucks will be used as part of the City -wide automated collection process.
They will come equipped to operate on compressed natural gas (CNG). With the purchase of these two (2)
CNG trucks, the department will have a total of four (4) CNG refuse /recycle collection vehicles in the fleet.
The rear steer brush truck and self loader brush truck will be used by the Solid Waste Department as part of
the routine daily pickup of brush and heavy debris.
REQUIRED COUNCIL ACTION: All contracts exceeding $50,000 must be approved by City Council.
CONCLUSION AND RECOMMENDATION: Staff recommends award of the contracts as submitted.
Mic'' ael Barrera
Assistant Director of Financial Services
mikeb @cctexas.com
361- 826 -3169
BACKGROUND INFORMATION
The Solid Waste Department strives to maintain a reputation for providing excellent customer service. The
department's function represents a core component in the overall scope of City services. Residential and
commercial accounts rely on consistent, uninterrupted collection of garbage, recycling material, and
brush /bulky items.
The City's garbage and recycling collection fleets are comprised primarily of automated side loaders and rear
loading refuse collection trucks. The department's daily garbage and recycling collection workload
necessitates availability and use of twenty -one (21) automated side loaders and six (6) rear loader collection
trucks. The garbage collection fleet utilizes fifteen (15) automated side loaders and five (5) rear loaders for
daily refuse collection. The recycling collection fleet utilizes six (6) automated side loaders and one (1) rear
loader for daily recycling collection.
The department has implemented truck body refurbishment programs, which have proven to be both cost
effective and an excellent method of extending the lives of the vehicles. The programmed and staged
replacement of vehicles helps maintain the department's annual capital expenditures relatively consistent, so
as not to detract from the funding of other General Fund City services.
The addition of 2 compressed natural gas (CNG) refuse collection trucks compliment the 2 CNG collection
units acquired in March 2010, bringing the total Solid Waste CNG refuse/recycling collection fleet to 4.
Utilization of CNG on side loader refuse/recycling trucks has proven to be a cost effective solution for the
Solid Waste Department. Although the cost to outfit each truck is $51,016 more than a diesel truck, the daily
fuel savings realized more than offsets these costs. At today's fuel costs, the breakeven point is achieved in
year 2 of operating a CNG truck and an additional $19,000 of annual savings is captured for the remaining life
of each of the trucks.
The department, working through the City's Gas Department, has expanded slow -fill (overnight) fueling
capabilities to handle up to 8 CNG trucks. Work is now being completed on a fast -fill CNG station adjacent to
the Solid Waste Operations yard.
The Brush Collection fleet is comprised of four (4) rear steer loaders, 16 brush trucks and three (3) self
loading units for daily operations.
In addition to programmed daily brush collection, the recent storm events, such as the June 2010 region -wide
windstorm and September 2010 flooding of the Las Colinas subdivision, illustrate the necessity of maintaining
an effective brush collection fleet to assist in post storm debris removal.
All vehicles requested through this agenda item will be purchased through the BuyBoard, which is the Texas
Local Government Purchasing Cooperative's electronic purchasing system. The Cooperative is administered
by the Texas Association of School Boards and is endorsed by the Texas Municipal League (TML) and the
Texas Association of Counties (TAC) and abides by all Texas statutes regarding competitive bidding
requirements.
Price Comparison:
The City purchased a similar side loading refuse truck for the Solid Waste Department in FY 09 -10 with a
unit price of $318,289. The current unit price is $330,216.
The City purchased a similar rear steer loading refuse truck for the Solid Waste Department in FY 08 -09 with
a unit price of $132,608. The current unit price is $141,590.65.
The City purchased a similar self loading brush truck for the Solid Waste Department in FY 07 -08 with a unit
price of $101,181.38. The current unit price is $125,879.
_18—
Funding:
•Lease Purchase — 2- Side Loading Refuse Trucks
The two (2) side loading refuse trucks will be funded for a sixty -month period with an estimated interest rate of
3.0 %. The actual interest rate will be determined after acceptance of the equipment. The estimated annual
payment is $142,405.20. Total estimated cost over the five year period, including principal of $660,432 and
interest of $51 ,594 is $712,026.
2- Side Loading Refuse Truck
Solid Waste Services
1020- 12510- 530190 FY 2010 -2011
Capital Outlay Item No. A -8
(1 month) $11 ,867.10
Lease Purchase —1- Rear Steer Brush Truck and 1- Self Loader Brush Truck
The rear steer brush truck and the self loader brush truck will be funded for a sixty -month period with an
estimated interest rate of 3.0 %. The actual interest rate will be determined after acceptance of the equipment.
The estimated annual payment is $57,672.96. Total estimated cost over the five year period, including
principal of $267,469.65 and interest of $20,895.15 is $288,364.80.
1- Rear Steer Brush Truck and 1- Self Loader Brush Truck
Solid Waste Services
1020 - 12510- 530190 FY 2010 -2011 (1 month) $4,806.08
Capital Outlay Item No. A -9 & A -12
Fiscal Year Funding:
The funds required to support the awards for the remainder of this fiscal year, $16,673.18, are available in the
Solid Waste Department operations budget. The remaining annual lease payments, $200,078.16, will be
requested by the using department during the FY 2011/2012 budget approval process and all subsequent
budget years.
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BUYER: GABRIEL MALDONADO
COUNCIL DATE: March 8, 2011
ITEM
1.
2.
3.
DESCRIPTION
Side Loading Refuse Truck
Peterbilt 320 Cab and Chassis,
Right -Hand Steer, CNG Engine,
Klam Driveline Retarder "Heil DP
Rear Steer Brush Truck 2012
International 4300 Cab/Chassis
with a Petersen Rear Steer Bulk
Trash Grappler
Self Loader Brush Truck 2012
International 4300 Cab/Chassis
with a Petersen TL3 Brush
Body/Trash Loader
Awarded Amount:
Grand Total:
QTY. UNIT
2 Each
1
1
Each
Each
PRICE SHEET
BI -0087-11
Rush Truck Center of Texas, LP
Houston, Texas
Southwest international Trucks, Inc.
Arlington, Texas
Unit
Price
Extended
Price
Unit
Price
Extended
Price
$330,216.00
$660,432.00
$660,432.00
$927,901.65
$141,590.65 $141,590.65
$125,879.00
$125,879.00
$267,469.65
4
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 3/08/2011
AGENDA ITEM:
RECOMMENDATION: Motion approving supply agreements with the following companies for the
following amounts in accordance with the Coastal Bend Council of Governments Bid Invitation No.
CBCOG -11 -1 for food items which include canned and frozen fruit and vegetables, meats and
condiments for an estimated six month expenditure of $127,232.75. The terms of the contracts shall
be for six months with options to extend for up to three additional months, subject to the approval of
the Coastal Bend Council of Governments, the suppliers, and the City Manager or designee. Funds
are.available through the Meals on Wheels and Elderly Nutrition Grants.
LaBatt Food Service
Corpus Christi, Texas
94 Line Items
$70,388.37
Performance Food Group
Victoria, Texas
89 Line Items
$56,844.38
Grand Total: $127,232.75
ISSUE: Each year the City receives funds from State and Federal grants. Several grants are
structured to support the elderly in the community.
These food items will be used by Senior Community Services for the Elderly Nutrition Program. The
food is prepared at the Senior Community Service Kitchen and served at the Senior Citizen Centers
and also delivered to households throughout the City. Approximately 96,115 meals will be prepared
and served over the six month contract period.
REQUIRED COUNCIL ACTION: All contracts exceeding $50,000 must be approved by City
Council.
CONCLUSION AND RECOMMENDATION: Staff recommends award of the contract as submitted.
I. AllrEllk
Mich!! =arrera
Assistant Director of Financial Services
mikeb @cctexas.com
361-826-3169
BACKGROUND INFORMATION
The food items are combined under a cooperative bid issued by the Coastal Bend Council of
Governments (CBCOG). Participating members are comprised of the City of Corpus Christi, Aransas
Council of Aging, Duval County Elderly Program, Bee Community Action Agency, Community Action
Corporation of South Texas (C.A.C.O.S.T.) headquartered in Alice, Texas, Kleberg County Human
Services, Live Oak County Elderly Program, Nueces County Senior Community Services, and
Refugio County Elderly Services. Each entity enters into their own contract with the recommended
suppliers. The City of Corpus Christi represents approximately one third of the total items awarded
under the cooperative bid.
Award Basis:
The recommended awards are based on only bid, Iow bid, and Iow bid meeting specifications. Items
awarded as low bid meeting specification are based upon the quality and/or packing standards
identified in the bid documents. A third contract has been awarded administratively to Ben E. Keith of
San Antonio, Texas in the amount of $29,929.24
Funding:
These contracts are supported through State and Federal grant funding. The awards represent a
13% reduction in funding from the previous contracts.
COUNCIL OF GOVERNMENTS - STAPLES, MEAT & OTHER FROZEN FOODS
SENIOR COMMUNITY SERVICES
Council Date: March 8, 2011
Award Summary: CBCOG -11 -1
LABATT FOOD SERVICE
Corpus Christi, Texas
Ninety -four (94) line items consisting of canned fruit, canned vegetables, dried $70,388.37
vegetables, canned meat, condiments, dressing, juices, oil & shortening, relishes,
soup & bases, spices, starches and pasta, sugar & products, miscellaneous
products, fresh produce, beef, fish, pork, poultry, prepared products,
frozen vegetables, bread and dairy
Performance Food Group
Victoria, Texas
Eighty -nine items consisting of canned fruit, dried fruit, canned vegetables, $56,8.44.38
dried vegetables, canned meat, condiments, dressing, juices, oil & shortening,
relishes, soup & bases, spices, starches and pasta, sugar & products, miscellaneous,
beef, fish, poultry, prepared products, frozen vegetables and dairy
Grand Total: $127,232.75
5
CITY COUNCIL
AGENDA MEMORANDUM
Date: 03/08/2011
AGENDA ITEM: RESOLUTION AUTHORIZING THE SUBMISSION OFA GRANT APPLICATION IN
THE AMOUNT OF $78,527.36 TO THE STATE OF TEXAS, CRIMINAL JUSTICE DIVISION FOR
FUNDING AVAILABLE UNDER THE VICTIMS OF CRIME ACT (VOCA) FUND FOR THE POLICE
DEPARTMENTS FAMILY VIOLENCE UNIT WITH A CITY MATCH OF $16,711.48 AND $4,000 IN-
KIND SERVICES, FOR A TOTAL PROJECT COST OF $99,238.84; AND AUTHORIZING THE CITY
MANAGER OR DESIGNEE TO APPLY FOR, ACCEPT, REJECT, ALTER OR TERMINATE THE
GRANT.
ISSUE: Year 12 funding is available from the State of Texas, Criminal Justice Division, which
provides funds to projects with the primary mission of providing direct services to victims of crime.
BACKGROUND INFORMATION: The grant continues the Victim Assistance Program that
provides assistance to victims and family members with the goal of lessening the short and long-
term trauma experienced as a direct result of victimization. Victims and their family members are
provided with information, reassurance, and guidance for resolving problems and referrals to
other social service agencies.
The grant covers the salary/ benefits for two Victim Case Managers, equipment, supplies,
training, and mileage. The case managers provide services to victims including information and
referral, criminal justice support and case information, assistance with filing forms for benefits
available through the Crime Victims' Compensation under the Texas Crime Victims
Compensation Act, informing victims of their rights as victims, advocating on victims behalf with .
other agencies and within the criminal justice system, and transportation to shelter or to court.
Primary and secondary victims of crime are assisted in an effort to stabilize their lives after
victimization, help victims to understand and participate in the criminal justice system, and
provide victims of crime with a measure of safety and security. The case managers also work
closely through coalitions and with other agencies in an ongoing effort to identify needs and to
improve the quality and continuity of services to victims in the community. Additionally, they
provide training to community groups regarding victimization issues and available resources,
thereby increasing community awareness.
REQUIRED COUNCIL ACTION: Approval to submit the application.
FUNDING: The State provides $78,527.36 for the salary/benefits of two Victim Case Managers,
equipment, supplies, training, and mileage. Volunteer hours contribute $4,000 as an in -kind
contribution, and the City contributes $16,711.48 for training, travel, supplies and miscellaneous
equipment as the required 20% match. The funding is not on a declining percentage or ending
funding cycle. This grant period will be 9/1/2011— 8/31/2012.
CONCLUSION AND RECOMMENDATION: Staff recommends submitting the grant.
712
D. Troy Riggs
Chief of Police
Troyr e,cctexas. corm
886 -2603
RESOLUTION
AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION IN THE
AMOUNT OF $78,527.36 TO THE STATE OF TEXAS, CRIMINAL
JUSTICE DIVISION FOR FUNDING AVAILABLE UNDER THE VICTIMS
OF CRIME ACT (VOCA) FUND FOR THE POLICE DEPARTMENT'S
FAMILY VIOLENCE UNIT WITH A CITY MATCH OF $16,711.48 AND
$4,000 IN -KIND SERVICES, FOR A TOTAL PROJECT COST OF
$99,238.84; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE
TO APPLY FOR, ACCEPT, REJECT, ALTER OR TERMINATE THE
GRANT.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager, or designee, is authorized to submit a grant application
to the State of Texas, Criminal Justice Division in the amount of $78,527.36 for funding
available under the Victims of Crime Act (VOCA) Fund for the Police Department's
Family Violence Unit with a City match of $16,711.48 and $4,000 in kind services, for a
total project cost of $99,238.84.
SECTION 2. The City Manager, or designee, may apply for, accept, reject, agree to
alter the terms and conditions, or terminate the grant, if the grant is awarded to the City.
SECTION 3. In the event of the Toss or misuse of these State of Texas, Criminal Justice
Division funds, the City of Corpus Christi assures that the funds will be returned to the
State of Texas, Criminal Justice Division in full.
ATTEST:
Armando Chapa
City Secretary
APPROVED: February 28, 2011
By:
Lisa Aguilar, istant City Attorney
For City Atto
Reso - grant -Voca 02252011
THE CITY OF CORPUS CHRISTI
Joe Adame
Mayor
Corpus Christi, Texas
of , 201'1
The above resolution was passed by the following vote:
Joe Adame
Chris N. Adler
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla G. Leal
John E. Marez
Nelda Martinez
Mark Scott
Linda Strong
6
CITY COUNCIL
AGENDA MEMORANDUM
Date: 03108/2011
AGENDA ITEM: RESOLUTION AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION IN
THE AMOUNT OF $100,964.38 TO THE STATE OF TEXAS, CRIMINAL JUSTICE DIVISION, FOR
FUNDING AVAILABLE UNDER THE VIOLENCE AGAINST WOMEN ACT (VAWA) FUND FOR THE
POLICE DEPARTMENT'S FAMILY VIOLENCE UNIT WITH A CITY MATCH OF $40,906.69 AND
$7,200 IN -KIND SERVICES, FOR A TOTAL PROJECT COST OF $149,071.07; AND AUTHORIZING
THE CITY MANAGER OR DESIGNEE TO APPLY FOR, ACCEPT, REJECT, ALTER OR
TERMINATE THE GRANT.
ISSUE: Year 12 funding is available from the State of Texas, Criminal Justice Division, under the
Violence Against Women Act (VAWA) that provides funds to projects with the primary mission of
reducing and preventing violence against women
BACKGROUND INFORMATION: The grant continues support for the Family Violence Unit that
utilizes officers and volunteers to contact family violence victims when a written report is made by
a field officer or from a walk -in to the unit at the Police Department. The grant provides funds for
two victim case managers to contact victims who often fear retaliation and violence when the
offender is released following arrest; contact with an advocate (case manager) can provide
information concerning altematives, available services, and protective orders to avoid continued
violence. The case manager serves to establish and encourage a working relationship between
social agencies and the Police Department and provides educational opportunities to the
community through speaking engagements, distribution of literature, etc. A Staff Assistant
handles the processing of Emergency Protective Orders, walk in traffic, and record keeping.
The long term goal of the grant is to provide victims of domestic violence and other serious
crimes with crisis intervention, follow up assistance, encourage cooperation with law
enforcement, facilitate utilization of available resources, and assist with immediate and Tong -tern
safety needs.
REQUIRED COUNCIL ACTION: Approval to submit the application.
FUNDING: The State provides $100,964.38 for the salary /benefits of two Victim Case Managers,
a Staff Assistant, equipment, supplies, training, and mileage, volunteer hours contribute $7,200
in -kind contribution, and the City contributes $40,906.69 partial salary match, training, travel,
supplies and miscellaneous equipment as the required match. The funding is not on a declining
percentage or ending funding cycle. This grant period will be 9/112011 — 8/31/2012.
CONCLUSION AND RECOMMENDATION: Staff recommends submitting the grant.
7)772,6
D. Troy Rig
Chief of Police
T rovr fS cctexas.com
886 -2603
RESOLUTION
AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION IN THE
AMOUNT OF $100,964.38 TO THE STATE OF TEXAS, CRIMINAL
JUSTICE DIVISION, FOR FUNDING AVAILABLE UNDER THE
VIOLENCE AGAINST WOMEN ACT (VAWA) FUND FOR THE POLICE
DEPARTMENT'S FAMILY VIOLENCE UNIT WITH A CITY MATCH OF
$40,906.69 AND $7,200 IN -KIND SERVICES, FOR A TOTAL PROJECT
COST OF $149,07t07; AND AUTHORIZING THE CITY MANAGER OR
DESIGNEE TO APPLY FOR, ACCEPT, REJECT, ALTER OR
TERMINATE THE GRANT.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager, or designee, is authorized to submit a grant application
in the amount of $100,964.38 to the State of Texas, Criminal Justice Division, for
funding available under the Violence Against Women Act (VAWA) Fund for the Police
Department's Family Violence Unit with a City match of $40,906.69 and in -kind services
of $7,200, for a total project cost of $149,071.07.
SECTION 2. The City Manager, or designee, may apply for, accept, reject, agree to
alter the terms and conditions, or terminate the grant, if the grant is awarded to the City.
SECTION 3. In the event of the Toss or misuse of these State of Texas, Criminal Justice
Division funds, the City of Corpus Christi assures that the funds will be returned to the
State of Texas, Criminal Justice Division in full.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: February 28, 2011
By:
Lisa Aguil .. ssistant City Attorney
For City At . rney
Joe Adame
Mayor
Corpus Christi, Texas
of , 2011
The above resolution was passed by the following vote:
Joe Adame
Chris N. Adler
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla G. Leal
John E. Marez
Nelda Martinez
Mark Scott
Linda Strong
7
CITY COUNCIL
AGENDA MEMORANDUM
March 08, 2011
AGENDA ITEMS:
(A) Ordinance approving the assignment of a Farm Lease Agreement at the Airport with
Pat McDonough, Jr. to Matt Danysh authorizing the City Manager or designee to
execute the assignment and assumption agreement between all parties; and
declaring an emergency.
(B) Ordinance authorizing the City Manager, or designee, to ratify an amendment to the
Farm Lease Agreement with Matt Danysh, regarding types of permissible crops and
to revise the rental payments from $55 per acre to $27.50 per acre plus 25% of
gross receipts on harvested crops; and declaring an emergency.
ISSUE: Corpus Christi International Airport is located on approximately 2,400 acres of
land. A significant portion of the land remains unimproved and available for agricultural
use. Approximately 1,474 acres has been leased for farming purposes. Mr. Danysh and
Mr. McDonough lease approximately 534.47 acres at $55 per acre and 342.23 and $50 per
acre respectively. As a result of recent Federal Aviation Administration (FAA) inspection
findings that request limited seed crops around airports, the lessee is requesting that rates
be adjusted to reflect the risk associated with planting "experimental" non -seed crops such
as canola and a guar legume. Due in part to the new lease terms, Mr. McDonough, has
requested that his lease acreage be assigned to Mr. Danysh. After adjustments in
acreage, the lease will reflect 876.70 acres.
BACKGROUND INFORMATION: As a result of recent directives, the Federal Aviation
Administration strongly recommends that seed crops such as grain sorghum not be
planted in and around airport properties. Seed crops on airport property are a natural
attraction for birds which increases the likelihood of bird strikes to aircraft. The current
tenants have stated that prohibition of seed crops changes the economics of farming on
airport property. Mr. Danysh has asked to assume the acreage currently leased by Mr.
McDonough. In addition, Mr. Danysh has requested adjustments to lease payments to
reflect the risk associated with planting canola and other crops not normally grown in this
area. After substantial research and discussion with Airport Staff, the Aviation Director
agreed to recommend that the City receive a reduced rate of $27.50 on the leased acreage
and 25 % of gross receipts on harvested crops. It is expected that the total revenue
generated from the new lease terms will generate an amount equal to or greater than the
$47,281 which would have been paid under the existing agreement.
RECOMMENDATION: Staff' recommends approval of the Ordinance as presented.
ADDITIONAL SUPPORT MATERIAL
Exhibit A. Background Information
Exhibit B Location Map of Farm Leases
—39—
Fernan- Segundo
Director of Aviation
FredS @cctexas.com
289.0171 ext. 1213
ADDITIONAL
BACKGROUND INFORMATION
The City has leased agricultural acreage on airport property for the last twenty years in an
effort to reduce mowing costs on unimproved property and also generate revenue. The
Federal Aviation Administration (FAA) has periodically required that portions of the acreage
be removed from agricultural use to enhance runway safety. Consequently acreage
amounts have been adjusted during the term of the lease.
On August 22, 2000, the City Council approved 4 farm lease agreements for approximately
1,434 acres with Kocurek , T.M. and D.H. Bernsen , McDonough and Kelly Farms. The
term of the agreements was 5 years at $25 per acre with expiration on December 31, 2005.
During the term of the lease, the City acquired additional parcels totaling approximately 40
acres in the Kelly Farm Lease tract bringing the total amount of agricultural use acreage to
1,474. In 2006, the Airport Director extended the lease on a month to month basis for T.M.
and D.H. Bernsen, McDonough and Kelly Farms at the same rate of $25 per acre.
Kocurek Farms decided not to continue farming. Subsequently, the acreage was put out
for bid by the City. Mr. James Charles Bernsen was the successful bidder at $80 per acre
and was formally awarded a one year lease on December 12, 2006.
On February 19, 2008, the City Council approved lease agreements with Pat McDonough
Jr., James P. Kelly and Tommy and Dolores H. Bemsen at an acreage rate of $50, an
increase of $25 per acre from the previous agreement. The City originally purchased the
acreage from these individuals with the purchase agreement stipulating that subject
farmers would receive the right of first refusal to lease the land. The Bernsens defaulted on
the lease agreement. The City Council formally awarded the "Bernsen" Lease to Matt
Danysh on March 31, 2009.
On December 15, 2009, the City Council approved First Amendment to the Farm Lease
Agreement with Mr. Danysh to authorize him to assume acreage previously leased to
James Charles Bernsen. Mr. Bernsen defaulted under the terms of his lease for non-
payment. Total acreage included in the amendment was 534.47 acres of airport property
Staff is recommending approval of the lease assignment and amendment with Matt
Danysh to reflect the new per acreage terms and gross receipts percentage(25 %).
Exhibit A
-40-
North
CORPUS CHRISTI INTERNATIONAL AIRPORT
1D(S HBMWAY 44 — 4 L MANAS H1GNWAY 44 (4 LANES) m came o+am
r
*46.2 ACRES AIRSIDE
±46.2 ACRES LANDSIDE
876.70 ACRES MATT DANYSH
581.64 ACRES JAMES KELLY
NOTE:
A 10 FT WIDE SECTION ALONG CCIA
PERIMETER ROAD AND AOA FENCE
SHALL BE CLEARED FROM FARMING
ACTIVITIES AND MAINTAINED TO PROVIDE
ACCESS FOR CCIA PERSONNEL
AND EQUIPMENT.
1'-,
MOWS BOPP
MB= i -r
ES)
18.8 ACRES)
DRAINAGE DITCH
23.3 ACRES
/MCC& OF
CORPUS CHRISTI
3NfP.RNAI7ClNAL AIRPORT
DEPARTMENT OF AVIATION
SCAM
EXHIBIT "A"
2011 DANYSH LEASE AGREEMENT
IIMT.i Eb BY:
BEN VASQUEZ
APPS BY:
MARIO TAPIA
DAVI
2-8-11
CORPUS CHRISTI
INTERNATTONAT. AIRPORT 2011
PROJRCtNU.
MGR
1 (IPI
AN ORDINANCE
Page 1 of 2
APPROVING THE ASSIGNMENT OF A FARM LEASE AGREEMENT AT
THE AIRPORT WITH PAT MCDONOUGH, JR. TO MATT DANYSH,
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE
THE ASSIGNMENT AND ASSUMPTION AGREEMENT BETWEEN ALL
PARTIES; AND DECLARING AN EMERGENCY.
WHEREAS, the City of Corpus Christi ( "City ") executed a Farm Lease Agreement with
Pat McDonough, Jr. to lease property at the Corpus Christi International Airport for crop
farming purposes, as approved by Ordinance 027584 on February 19, 2008, with term
continuing until August 31, 2012;
WHEREAS, Pat McDonough has requested the approval of the City to assign all of his
right, title and interest in the Farm Lease Agreement to Matt Danysh, who also holds a
separate Farm Lease Agreement to lease property at the Corpus Christi International
Airport for crop farming purposes;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI TEXAS THAT:
SECTION 1. The City Council, pursuant to Article IX, Section 4, of the City Charter,
approves the assignment of the Farm Lease Agreement, including any and all valid and
existing amendments to the Farm Lease Agreement, at the Corpus Christi International
Airport with Pat McDonough, Jr. to Matt Danysh. Furthermore, the City Manager or
designee is authorized to execute the Assignment and Assumption Agreement with Pat
McDonough, Jr. and Matt Danysh. A copy of the agreement is on file with the City
Secretary.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council 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 2011.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
Joe Adame
City Secretary Mayor
Approved: 5-1 , 2011
By: A- .f-L.L -
Lisa Aguilar, A sistant City Attorney
For City Atto ey
H:1LEG- DIR \Lisat. l 11 Ordinance1ORD- PatMcDonough- Airport l_,ease Assignment,doc
Page 2 of 2
Corpus Christi, Texas
Day of , 2011
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
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla G. Leal
John E. Marez
Nelda Martinez
Mark Scott
Linda Strong
H:ILEG- DIRILisa12011 OrdinancelQRD- PatMcDonough- Airport Fa4rtLease Assignment.doc
ASSIGNMENT AND ASSUMPTION
OF LEASE AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION OF LEASE AGREEMENT, dated as of
2011 (the "Assignment Agreement "), by and among THE CITY OF
CORPUS CHRISTI, TEXAS, a Texas home -rule municipal corporation (the "Lessor"), Pat
McDonough, Jr. as lessee /transferor, and Matt Danysh as lessee /transferee;
WHEREAS, the Lessor leased certain property (the "Property ") to Pat McDonough, Jr.
pursuant to a Farm Lease with term beginning September 1, 2007 and ending August 31, 2012,
approved by City Council on February 19, 2008 in Ordinance 027584; and
WHEREAS, Pat McDonough, Jr. ( "McDonough: ") wishes to assign and Matt Danysh
( "Danysh ") wishes to acquire all of McDonough's rights obligations and interests in the Farm
Lease, copy attached as Exhibit 1; and
WHEREAS, pursuant to Section 8 of the Farm Lease, McDonough's interest in the Farm
Lease may not be assigned without the prior written consent of the Lessor City Manager; and
WHEREAS, McDonough has requested and seeks to obtain Lessor's consent to the
assignment of McDonough "s interest in the Farm Lease, including the leasehold interest in the
Property, to Danysh;
NOW THEREFORE, THIS ASSIGNMENT AGREEMENT WITNESSETH, in
consideration of the premises and other good and valuable consideration , the Lessor,
McDonough and Danysh do hereby agree as follows:
Section 1, McDonough does hereby transfer and set over unto Danysh all right, title and
interest, as lessee and otherwise, in, to and under the Farm Lease, copy attached as Exhibit 1,
as the same may have been modified, amended or assigned, to have and to hold the same unto
Danysh, from and after the date hereof, for the remainder of the term of the Farm Lease.
Section 2. Danysh, in consideration of the execution and delivery of this Assignment
Agreement does hereby assume, effective upon the date hereof, for the benefit of the Lessor
and McDonough, from and after the date hereof, all of the terms, covenants and conditions on
the part of McDonough under the Farm Lease, as the same may have been modified, amended,
or assigned, to be performed from and after the date hereof.
Section 3. Danysh agrees to indemnify City of Corpus Christi, Texas, its
officers, agents, employees, (individually and collectively, '9ndemnitees ") and hold
Indemnitees harmless from and against any and all claims, Liens, damages, demands,
actions, causes of action, liabilities, lawsuits, judgments, losses, costs and expenses
(including but not limited to reasonable attorneys' fees and expenses) asserted against
or incurred by Indemnitees by reason of or arising out of any failure by Danysh to
perform or observe any of the obligations, covenants, terms and conditions assumed by
Danysh hereunder arising on or after the date hereof.
Section 4. The Leased Premises and Exhibit A in the McDonough Lease are amended
to reduce acreage to approximately 342.23 acres of land. The revised Exhibit A is also attached
as Exhibit 2.
1
—44—
Section 5. Upon effective date of this agreement, the combined acreage under lease to
Matt Danysh is as described on the attached Exhibit 3.
Section 6. By the Lessor City Manager's execution hereof, the Lessor consents to the
assignment by McDonough to Danysh all right, title and interest under the Farm Lease, as the
same may have been modified, amended, or assigned, including the leasehold interest in the
Property.
Section 7. Danysh acknowledges and agrees that Lessor has not made, does not make
and specifically negates and disclaims any representations, warranties, promises, covenants,
agreements or guaranties of any kind or character whatsoever, whether express or implied, oral
or written, past, present or future, of, as to, concerning or with respect to the Property or Farm
Lease. Danysh further acknowledges and agrees that having been given the opportunity to
inspect the Property and Farm Lease, Danysh is relying solely on its own investigation of the
Property and Farm Lease and not on any information provided or to be provided by Lessor.
Section 8. This Assignment Agreement shall be governed by, construed and interpreted
in accordance with the laws of the State of Texas.
Section 9. This Assignment Agreement shall be binding upon and shall inure to the
benefit of McDonough, Danysh and the Lessor and their respective successors and assigns.
Section 10. This Assignment Agreement is effective upon the execution of the last
signatory of this document. In the event that the above stated condition does not occur, this
assignment and assumption is null and void and of no effect whatsoever.
THIS ASSIGNMENT AND ASSUMPTION OF LEASE AGREEMENT is executed in
triplicate, as of the date first hereinabove written.
cDonough, Jr.
ACKNOWLEDG ENT
STATE OF TEXAS )
COUNTY OF NUECES )
This instrument was acknowledged before me on Ulan' tic , 2011 by Pat McDonough,
Jr., an individual person.
Public, State o xas.
—45—
2
THIS ASSIGNMENT AND ASSUMPTION OF LEASE AGREEMENT is executed as of
the date first hereinabove written.
By:
Matt ■ anysh
ACKNOWLEDGMENT
STATE OF4A )
COUNTY OF j
This instrument was acknowledged before me on °�� , 2011 by Matt Danysh, an
individual person.
tary Public, State •'! exas
My commission expires: c9/0
THIS ASSIGNMENT AND ASSUMPTION OF LEASE AGREEMENT is consented to as
of the date first hereinabove written.
Attest by:
Armando Chapa, City Secretary
Legal form approved on f , 1.0 I I
By
Assistant City Att+ r� y for the City Attorney.
CITY OF CORPUS CHRISTI, TEXAS
By:
`Angel R. Escobar, City Manager
—46—
3
Exhibit 1 — McDonough Lease
Exhibit 2 — new Exhibit A to
approximately).
Exhibit 3 — new total acreage to
approximately 876.70 acres.
McDonough Lease, showing new acreage (342 acres
Matt Danysh under both leases, showing new acreage of
—47—
4
Exhibit 1
FARM LEASE AGREEMENT
BETWEEN THE
CITY OF CORPUS CHRISTI
AND
PAT McDONOUGH, JR.
WHEREAS, the City of Corpus Christi ( "City") owns the Corpus Christi Inter-
national Airport ( "Airport"), located in Corpus Christi, Nueces County, Texas;
WHEREAS, Pat McDonough, Jr. ( "Lessee ") desires to lease a certain parcel of
land at the Airport for crop farming purposes; and
WHEREAS, the parties desire to enter into a written lease for approximately
359.45 acres of land to permit Lessee to engage in crop farming ( "Lease ").
NOW, THEREFORE, in consideration of the mutual covenants contained in this
Lease, the parties agree as follows:
Section 1. Parties. This Lease is made by and between the City, acting through its
duly authorized City Manager, or his designee ( "City Manager"), and Pat McDonough,
Jr., as Lessee, an individual residing in the State of Texas.
Section 2. Premises. The City leases to Lessee the land located on the Airport
property, as more particularly described in the attached Exhibit A ( "Premises "), which
exhibit is incorporated into this Lease as if fully set out herein. The Premises consists of
approximately 359.45 acres of land, excluding a ten -foot (10) easement along any
perimeter fence abutting the Premises.
Section 3. Term. Subject to the remaining terms and conditions of this Lease, the
term ( "Term ") of this Lease is five (5) years, beginning September 1, 2007, ( "Effective
Date "), and terminating at the close of business on August 31, 2012 ( "Termination
Date ").
Section 4. Lease Payments.
A. Calculation. Lessee agrees to pay the City Fifty Dollars ($50) per acre annually
("Lease Payment"). Lessee shall remit the initial Lease Payment not later than
5:00 p.m. Central Standard Time on the Wednesday immediately following the
date this Lease is finally approved by the City's City Council ( "City Council "). All
subsequent Lease Payments are due on every calendar year anniversary of the
Effective Date of this Lease.
B. Paying Rent. The Lease Payment is due and payable in full in the form of a
cashier's check or cash. The Lease Payment must be delivered to the following
address:
Corpus Christi international Airport
1000 International Drive
r•..rw..s Christi, Texas 78406
2008 -059
02/19/08
Ord. 027584
Pat McDonough, Jr.
—48 —
Section 5. Lease Agent. The City's Director of Aviation, or his designee ('Aviation
Director''), shall administer this Lease and serve as the City's agent to receive all Lease
Payments, notices, and reports due under this Lease.
Section 6. Use of Premises. Lessee must use the Premises for the purposes of crop
farming and for no other purpose without the express written consent of the City
Manager. Lessee may not construct any improvements on the Premises. Lessee may
not use the Premises for storage of equipment or supplies.
Section 7. Acceptance. By Lessee's execution of this Lease, Lessee acknowledges
that Lessee has read this Lease and understands that this Lease is not binding on the
City until properly authorized by the City's City Council and executed by the City
Manager. Lessee also acknowledges that Lessee has inspected the Premises and
accepts the Premises in its present physical condition, as is, including any and all
defects known and unknown that may exist.
Section 8. Assignment and Sublease. Lessee may not at any time assign, transfer,
convey, sublet, mortgage, pledge, or encumber Lessee's interest in this Lease or any
part of the Premises to any party without the prior written consent of the City, which
approval will not be unreasonably withheld. In the event that Lessee directly or
indirectly assigns, transfers, conveys, sublets, mortgages, pledges, or otherwise
encumbers this Lease or any portion of the Premises without the prior written consent of
the City, the City may, in its sole discretion, terminate this Lease.
Section 9. Required Modification or Amendment of Lease. If the Federal Aviation
Administration or its successor ( "FAA ") requires modifications or amendments to this
Lease as a condition precedent to granting funds for Airport improvements, Lessee
agrees to consent to the modifications or amendments to this Lease as may be
reasonably required for the City to obtain the funds; provided, however, that Lessee will
not be required to pay increased Lease Payments, change the use of the Premises, or
accept a relocation or reduction in size of the Premises until Lessee and the City have
fully executed an amendment to this Lease that is mutually satisfactory to all parties
regarding any terms or conditions of this Lease affected by said required actions.
Section 10. Reservation of Use.
A. The City reserves the right to sell, use, or lease for a use different from the
present use all or any portion of the Premises at anytime during the term of this
Lease. If the Premises are used or leased before the Expiration Date and the
purchaser or new lessee is not willing to take the Premises subject to this Lease
and demands immediate possession, then Lessee agrees to vacate and
surrender possession within fifteen (15) days after receipt of notice to vacate.
B. If it becomes necessary for Lessee to vacate in the event of a sale or new lease,
then the City shall pay Lessee for the land or portion thereof so vacated the
following amounts, to -wit:
Page 2 of 15
—49—
(1) If the land has been plowed and prepared for a new crop, but before the
crop has been planted, the actual expense of working the acreage vacated
plus $5.00 per acre.
(2) If there is a growing crop, then the average return on an acreage basis
that the same crops bring on other land covered by this Lease or, if there is
no other land covered by this Lease, then on similar land in the immediate
vicinity.
C. Any payments made to Lessee under this section shall be based on the Lessee's
share of the crop land actually cultivated and farmed under this Lease, less
harvesting costs.
Section 11. Subordination to U.S. and FAA Requirements. This Lease is
subordinate to the provisions of any existing or future agreement between the City and
the government of the United States relating to the operation or maintenance of the
Airport, where the execution of said agreement(s) is required as a condition to the
expenditure of federal funds for the development of the Airport. If the effect of said
agreement(s) with the United States, either under this Section 11 or under Section 9
above, is to take any of the Premises under this Lease out from . the control of City, then
City shall make every effort to provide Lessee with land substantially similar to the
Premises used by Lessee for the remainder of the Term if similar premises are available
for the type of use granted within this Lease.
Section 12. Maintenance; Utilities,
A. Lessee, at its own expense, shall maintain the Premises in good appearance and
repair and in a safe condition. Lessee shall, except during the growing season
prior to harvest, keep the Premises mowed to a height under 12 inches.
B. Within seven days of harvest, Lessee shall plow under the remains of the
harvested crop. Additionally, Lessee shall spray the plowed -under areas with an
approved growth inhibitor in order to prevent secondary growth of the remains.
C. Lessee must ensure that the Premises are maintained free of foreign object
debris and shall control soil erosion on the Premises.
D. The Aviation Director is the sole judge of the quality of Lessee's maintenance,
which must be reasonable and consistent with other City and Airport properties.
The Aviation Director may at any time during City's normal business hours,
without prior notice, enter upon the Premises to determine if Lessee is fulfilling
the maintenance requirements of this Lease. The Aviation Director must notify
Lessee in writing of any default. If the required maintenance, in Aviation
Director's deficiency notice to Lessee, is not commenced by Lessee within 15
days after receipt of written notice, or is not diligently prosecuted to completion
within the time stated, the Aviation Director may enter upon the Premises and
perform the subject maintenance, and Lessee agrees to reimburse the City for its
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cost plus 20% overhead within 30 days after the Aviation Director's written
demand therefor, together with copies of all bids for the repairs and maintenance.
E. Lessee must immediately remove or correct any hazardous or potentially
hazardous condition on the Premises upon knowledge thereof, or after receipt of
notice from the Aviation Director, whichever occurs sooner. At the Aviation
Director's direction, Lessee must close the Premises, or affected portion, until the
hazardous or potentially hazardous condition is removed or corrected.
F. Lessee, at its own expense, shall replace any and all utility lines and equipment
located on the Premises which may be damaged or destroyed as a result of
Lessee's farming or agricultural operations. Lessee, at its own expense, shall
repair any and all damage caused to the Premises as a result of the willful or
negligent acts or omissions of Lessee, its employees, or agents.
G. Lessee shall pay for all utilities, including water and waste disposal, Lessee uses
at the Premises.
H. Crop Setbacks.
(1) Lessee shall plant crops no closer than 10 feet to any Airport perimeter
fence.
(2) Lessee shall plant crops no closer than 575 feet from any runway
centerline and no closer than 1,000 feet from the end of any runway.
(3) Lessee shall plant crops no closer than 130 feet from the centerline of
any taxiway.
(4) Lessee shall plant crops no closer than 113 feet from the edge of any
aircraft apron.
Section 13. Inspection and Premises Access. The Aviation Director shall have the
right to inspect the Premises during the City's normal business hours, without prior
notice. The City reserves the right to install wildlife control devises and to take
additional wildlife control measures, as may be necessary. The City shall have the right
at any and all times of ingress and egress on and over the Premises for the purposes of
conducting and carrying on any business incident to activities of the City.
Section 14. Security Badges. Each of Lessee's employees needing access to a
restricted area (including the area outlined In Section 15 of this Lease) must wear a
security badge while in the restricted area. Lessee will pay an issuance fee for each
badge and a replacement fee for each lost security badge, The Aviation Director may
also require the payment of a reasonable deposit fee for each security badge issued
consistent with fees charged to other tenants at the Airport. Lessee must notify the
Aviation Director immediately after any employee of Lessee who was issued a security
badge is terminated or loses a badge. Lessee and Lessee's employees must comply
with all City and federal security regulations and requirements.
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Section 15_ Access to the Aircraft operating Area.
A. Lessee and its respective contractors, suppliers of materials, furnishers of
services, employees, agents, and business invitees must comply with all present
and future laws, rules, regulations, and ordinances promulgated by the City, the
Airport, the federal Transportation Security Administration ( "TSA" I, the FAA, or
other governmental agencies to protect the security and integrity of the Airport's
aircraft operating area ( "AOA "), as shown on the attached Exhibit B, which is
Incorporated in this Lease as if fully set out herein. Subject to the approval of the
Aviation Director, Lessee must adopt procedures to control and limit access to
the AOA by Lessee and its respective contractors, suppliers of materials,
furnishers of services, employees, agents, and business invitees in accordance
with all present and future City, Airport, TSA, and FM laws, rules, regulations,
and ordinances.
B. Lessee must pay all FAA and TSA fines associated with security breaches or
infractions committed by Lessee's employees, agents, contractors, suppliers, and
business invitees in the AOA, regardless of whether the fine is assessed to the
City or the Airport, as set out in the City Code of Ordinances, Sec. 9 -31.
C. Lessee agrees to indemnify, hold harmless, and defend the City,
its officers, employees, agents, and representatives against the
risk of legal liability for death, injury, or damage to persons or
property, direct or consequential, arising from entry of persons
into the AOA where permitted, allowed, or otherwise made
possible by Lessee, its employees, contractors, suppliers of
materials, furnishers of services, business invitees, agents, or
any other person under the direction of Lessee in violation of
City, Airport, TSA, and FAA laws, rules, regulations, or
ordinances or Lessee's approved procedures for controlling
access to the AOA,
D. Lessee will have access to the Premises, subject to compliance with all
applicable Airport, TSA, and FAA security procedures. Movement of all persons
in the AOA and Premises must be cleared in accordance with Airport, TSA, and
FAA rules and regulations. Lessee is primarily responsible for opening and
closing any security gates and doors permitting access between the Premises
and the AOA.
E. No vehicles owned or operated by Lessee may operate within the movement or
non - movement areas of the AOA except those in compliance with Airport, TSA,
and FAA rules and regulations.
Section 16. Operation within Airport Certification. Lessee must comply with all
rules that are applicable to its operations at the Airport under the Airport Certification
Rules of the Federal Aviation Regulations ( "FAR "), Part 139, as amended [14 CFR Part
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139, as amended]. Copies of the FAR are available in the office of the Aviation
Director.
Section 17. Federal Code Requirements for Equipment Use. Lessee covenants to
comply with the notification and review requirements set out in the FAR, Part 77, as
amended [14 CFR Part 77, as amended], if Lessee plans to use equipment in its
operation that requires notification as outlined in this regulation, Copies of the FAR are
available in the office of the Aviation Director.
Section 18. Control of Structures and Equipment. Lessee may not make use of or
operate any structure, building, antenna, object, or equipment which has its highest
point above a mean sea level elevation established by the FAA or the City as a height
limitation on said structure, building, antenna, object, or equipment. City may enter the
Premises and remove any such structure, building, antenna, object, or equipment and
assess the removal expense against Lessee plus a 20% overhead charge.
Section 19. Aerial Approaches. The City Manager may take any action necessary to
protect the Airport's aerial approaches against obstruction, including the right to prevent
Lessee from operating any object or equipment on or adjacent to the Airport, which, in
the Aviation Director's opinion, would limit the usefulness of the Airport or constitute a
hazard to aircraft. Lessee will not make or permit any use of the Premises which would
interfere with landing or taking off of aircraft at the Airport or otherwise constitute an
Airport hazard including, but not limited to, electrical or electronic interference with
communications, electrical, or electronic equipment or the creation of smoke, dust, or
glaring or misleading lights.
Section 20. Right to Overflight. The City hereby reserves, for the use and benefit of
the public, a right of flight for the passage of aircraft above the surface of the Premises
together with the right to cause in the airspace noise as may be inherent in the
operation of aircraft now known or hereafter used for navigation thereof or flight in the
air, and using the airspace for landing at or taking off from, or operating on, the Airport.
Section 21. Hazardous Substances.
A. Lessee covenants to comply with all environmental laws, rules, regulations,
orders, and permits applicable to Lessee's operation on or in the vicinity of the
Airport including, but not limited to, required National Pollutant Discharge
Elimination System permits and all applicable laws relating to the use, storage,
generation, treatment, transportation, or disposal of hazardous or regulated
substances.
B. Except for hazardous substances governed by and transported in full compliance
with the transportation laws of the State of Texas or federal government, Lessee
must not use, store, generate, treat, transport, or dispose of any hazardous or
regulated substances or waste on or near the Airport without the Aviation
Director's prior written approval and without first obtaining all required permits
and approvals from all authorities having jurisdiction over Lessee's operation on
or near the Airport.
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C. If Lessee determines that a threat to the environment including, but not limited to,
a release, discharge, spill, or deposit of a hazardous or regulated substance has
occurred or is occurring which affects or threatens to affect the Airport or
persons, structures, equipment, or other property located thereon, Lessee must
notify immediately by verbal report in person or by telephone, to be promptly
confirmed in writing, (1) the Aviation Director, (2) the Airport's Public Safety
Office, (3) emergency response centers, and (4) environmental or regulatory
agencies, as required by law or regulation, and must follow such verbal report
with all written reports required by law.
D. Lessee agrees to cooperate fully with the Airport in promptly responding to,
reporting, and remedying a threat to the environment including, without limitation,
a release or threat of release of a hazardous or regulated substance into the
drainage systems, soils, ground water, waters, or atmosphere, in accordance
with applicable law and as authorized or approved by any federal, state, or local
agency having authority over environmental matters.
E. Lessee must keep a readily accessible file of materials safety data ( "MSD ")
sheets for each hazardous substance on site or transported to the Premises, in
accordance with federal and State transportation laws, which file must be posted
and immediately available to any Airport or City employee who responds to the
scene (Premises) in the event of a discharge of a hazardous substance.
Lessee's employees must try to determine which hazardous substance was
discharged and have that MSD sheet available for the first responders to the
scene.
F. Lessee must promptly undertake all required remediation and pay all costs
associated with Lessee's action or inaction that directly or indirectly prevents the
Airport from materially conforming to ail then applicable environmental laws,
rules, regulations, orders, or permits.
G. Lessee agrees and acknowledges that the obligations set forth in this section
survive termination of this Lease.
Section 22. Nondiscrimination and Affirmative Action.
A. Nondiscrimination - General. Lessee, for itself, its employees, agents, and
representatives, as a part of the consideration for the making of this Lease,
covenants that: (1) no person on the grounds of race, creed, color, religion, sex,
age, national origin, handicap, or political belief or affiliation will be excluded from
participation in, denied the benefits of, or otherwise be subjected to
discrimination in the use of the Premises; (2) Lessee will use the Premises in
compliance with all requirements imposed by or pursuant to 14 CFR Part 152,
Subpart E, Nondiscrimination in Airport Aid Program, Title VI of the Civil Rights
Act of 1964 and 49 CFR, Subtitle A, Part 21, Nondiscrimination in Federally
Assisted Programs of the Department of Transportation, and as said Title and
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regulations may be amended, and with other applicable State and federal laws,
rules, or regulations, as amended.
B. Nondiscrimination - Business Owner. This Lease is subject to the requirements
of 49 CFR Part 23. Lessee agrees that it will not discriminate against any
business owner because of the owner's race, color, national origin, or sex in
connection with the award of performance or any concession agreement,
management contract or subcontract, purchase or lease agreement, or other
agreement covered by 49 CFR Part 23.
C. Remedy for Breach. If Lessee breaches a nondiscrimination covenant, the City
may immediately reenter the Premises, and the Premises and all Lessee's
interest therein reverts to the City. This provision is not effective until the
procedures of 49 CFR Part 21 are completed, including exercise or expiration of
appeal rights.
D. Affirmative Action. Lessee covenants that it will undertake an affirmative action
program as required by 14 CFR Part 152, Subpart E, to ensure that no person on
the grounds of race, creed, color, religion, sex, age, national origin, handicap, or
political belief or affiliation is excluded from participating in any employment
activities covered in 14 CFR Part 152, Subpart E. Lessee covenants that no
person will be excluded on these grounds from participating in or receiving the
services or benefits of any program or activity covered by that subpart. Lessee
further covenants to require its covered sub - organizations to provide similar
assurances to Lessee to undertake affirmative action programs and to require
assurances from their sub - organizations, as required by 14 CFR Part 152,
Subpart E. Lessee, at its own expense, will comply with any applicable
requirements of the Americans with Disabilities (ADA) Act, as it may be
amended.
Section 23. Compliance with Laws.
A. General. Lessee must promptly observe, comply with, and execute the
provisions of any and ail present and future governmental laws, ordinances,
rules, regulations, requirements, orders, and directives applicable to Lessee's
use and occupancy of the Premises. Failure to observe or comply with any law,
rule, or regulation will subject this Lease to cancellation by the City under Section
24 of the Lease.
B. Federal. Lessee covenants to comply with all applicable federal laws, rules, and
regulations including, without limitation, the Drug Free Workplace Act, the
Violence in the Workplace Act, the Americans with Disabilities Act, and any other
acts that the U.S. Congress passes that apply to any entity that operates at the
Airport.
C. State and Local Laws. Lessee covenants to comply with all appiicable State and
Local laws, rules, regulations, and policies.
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Section 24. Cancellation; Termination; Re- entry.
A. Cancellation by Lessee. Without limiting any other rights and remedies to which
Lessee may be entitled by common law, statutory law, or as elsewhere provided
in this Lease, this Lease may be canceled by Lessee at any time after the
happening, and during the existence, of one or more of the following events:
1. The permanent abandonment of the Airport;
2. The lawful assumption by the United States government, or any authorized
agency thereof, of the operation, control, or use of the Airport, or any
substantial part or parts thereof, that substantially restricts Lessee from
operating for at least 150 days;
3. The issuance by any court of competent jurisdiction of an injunction that
prevents or restrains the use of the Airport by the Lessee and that continues
for at least 150 days; or
4. The default by the City in the performance of any covenant and the failure of
the City to remedy the default within 60 days after receipt from Lessee of
written notice to remedy the same.
B. Termination by City. Without limiting any other rights and remedies to which City
may be entitled by common law, statutory law, or as elsewhere provided in this
Lease, this Lease may be terminated by City if Lessee;
1. Is in arrears in the payment of any portion of the Lease Payment or of any
fees or charges required to be paid by Lessee under this Lease in excess of
ten (10) business days ( "business" days are Monday through Friday) or other
time as may be provided herein;
2. Makes a general assignment for the benefit of creditors;
3. Abandons the Premises or any part thereof;
4. Otherwise defaults in the performance of any of Lessee's covenants and
continues the default in excess of 30 days or other time as may be provided
herein, after receipt of written notice from Aviation Director of the default. if
the default cannot reasonably be cured within 30 days or within any other
time set out in the notice of default, Lessee shall submit a plan to remedy the
default to the Aviation Director for approval within thirty (30) days from receipt
of the notice. The Aviation Director shall have sole discretion regarding the
approval or rejection of Lessee's proposed plan.
C. City's Right to Entry.
1. If the City terminates this Lease or if Lessee abandons the Premises, the City
may enter upon the Premises.
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2. In the event of termination by City or abandonment by Lessee, Lessee hereby
irrevocably appoints the City Manager as its agent to remove any and all
persons and property from the Premises and place any property in storage for
the account of and at the expense of Lessee. All property on the Premises
is hereby subject to a contractual landlord's Hen to secure payment of
delinquent rent and other sums due and unpaid under this Lease, and
any and all exemption laws are hereby expressly waived in favor of said
landlord's Tien. Futhermore, it is agreed that said landlord's lien is not a
waiver of any statutory or other lien given or which may be given to City
by the Lessee but is In addition thereto.
3. Lessee agrees, that in the case of a default, if Lessee fails to remove any
property on the Premises within thirty days following the default, the City
Manager may sell Lessee's property found on the Premises at a public or
private sale with proceeds of the sale applied first to the cost of the sale, then
to the cost of storage of the property, if any, and then to the indebtedness of
Lessee, with the surplus, if any, to be mailed to Lessee at the address herein
designated. If the City terminates this Lease and reenters the Premises, the
City may relet the Premises and, if a sufficient sum is not realized after paying
the expenses of the reletting to satisfy the rent owed and other sums agreed
to be paid by Lessee, Lessee agrees to pay any deficiency within 30 days of
the Aviation Director's written demand therefor.
D. Notice of Termination. If an event of default occurs and, after due notice
identifying the default, the defaulting party has failed to cure, the complaining
party may at any time after the expiration of any cure period terminate this Lease
by providing written notice of termination. The Lease will be terminated on the
date specified in the notice but not sooner than five (5) business days after the
postmarked date of the notice. Rental payments are payable only to the date of
termination. This Subsection is subject to the requirements set out in Subsection
B of this Section.
Section 25. Property Removal upon Expiration or Termination.
A. Removal of Equipment. Upon termination or expiration of this Lease, Lessee
may remove all equipment on the Premises so long as Lessee removes same
within 30 calendar days after termination or expiration of the Lease. Any damage
to the Premises caused by Lessee's removal of its property must be repaired by
Lessee within 15 business days after termination or expiration of the Lease, at
Lessee's expense, and to the satisfaction of the Aviation Director.
B. Notwithstanding the foregoing, if Lessee fails to remove equipment within 30
days from the date of termination or expiration of this Lease, then the City
Manager, may at his or her option, take title to the said personalty and sell, lease,
or salvage the same, as permitted by law. Any net expense the City Manager
incurs on behalf of the City in disposing of the personalty must be paid by Lessee
within 10 days of the City Manager's written demand thereof. The City Manager
will provide Lessee with a written itemized breakdown of the costs recaptured, if
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any, by the sale, lease, or salvage of the property, and the balance due, which
must be paid by Lessee upon receipt of said itemized breakdown.
Section 26. Holdover. Any holding over by Lessee of the Premises after the
expiration or other termination of this Lease will be on a month -to- month tenancy at
sufferance, at the then current monthly rental rate, and Lessee agrees to surrender the
Premises upon 30 days written notice. Failure to timely surrender Premises following
notice subjects Lessee to payment of a monthly holdover fee equal to the then current
monthly rent (Lease Payment) for each month of delay, in addition to the payment of
rent.
Section 27. Re- delivery of Premises. Upon expiration or termination of this Lease,
Lessee must deliver the Premises to City peaceably, quietly, and in as good condition
as the same now are or may be hereafter improved by Lessee or City, normal use and
wear thereof excepted, In addition to a landlord's lien provided by the law of the State
of Texas, the City has a contractual lien on all property of Lessee on the Premises as
security for nonpayment of rent.
Section 28. indemnification.
A. GENERAL — Lessee must indemnify, hold harmless, and defend
the City of Corpus Christi, its officers, employees, agents, and
representatives from and against any and all claims and causes
of action, administrative proceedings, judgments, penalties,
fines, damages, losses, demands, liabilities, or expenses
whatsoever (including reasonable attorney's fees and costs of
litigation, mediation, and administrative proceedings) which may
be brought, alleged, or imposed against the City, its officers,
employees, agents, or representatives arising directly or
indirectly from or in any way connected with (1) any property
damage or Toss, personal injury including death, or adverse
effect on the environment arising out of Lessee's action or
inaction with regard to the operations of Lessee hereunder,
including the use or occupancy of the Premises, or in providing
access to secured areas of the Airport as set out herein,
excepting only that liability as may result from the gross
negligence or the willful misconduct of the City, including its
officers, employees, agents, and representatives; (11) the failure
of Lessee, its agents, or employees to comply with the terms
and conditions of this Lease or to comply with any applicable
federal, State, or local laws, rules, regulations, or orders
including, but not limited to, any and all applicable federal, State,
or local environmental laws, rules, regulations, or orders; or (iii)
release of any hazardous or regulated substances or waste onto,
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into, or from the Premises or other Airport property, connected
in any way with Lessee's operations or the action or inaction of
Lessee, its agents, or employees, regardless of whether the act,
omission, event, or circumstance constituted a violation of
applicable law at the time of the occurrence. The rights and
obligations set forth in this Paragraph shall survive the
termination of this Lease.
B. NOTICE — Notwithstanding the above indemnifications, Lessee must give the
Aviation Director notice of any matter covered hereby and forward to the Aviation
Director copies of every demand, notice, summons, or other process received in
any claim or legal proceeding covered hereby within 10 working days of Lessee's
receipt of said notice, demand, summons, or other process.
C. INDEMNITY WAIVER — Lessee, if a charitable association, corporation, entity, or
individual enterprise having or claiming an immunity or exemption (statutory or
otherwise) from and against liability for damage or injury to property or persons,
hereby expressly waives its right to plead defensively the immunity or exemption
as against City, including its officers, employees, agents, or representatives, as
the case may be.
Section 29. Insurance.
A. Lessee must provide insurance in the amounts and types of coverages required
by the City's Risk Manager ("Risk Manager"), a copy of which is attached and
incorporated as Exhibit C. Lessee's insurance company must provide the
Aviation Director and Risk Manager certificate(s) of insurance 30 days prior to
the annual anniversary date of the Effective Date of the Lease, which shows the
levels and types of insurance.
B. The Risk Manager shall annually assess the levels and types of insurance
required by the Lease. The Risk Manager may increase or decrease the levels
or types of insurance by giving Lessee notice no less than 60 days prior to the
annual anniversary date of the Effective Date of the Lease. Lessee has 30 days
to procure the changed insurance and provide written proof of insurance to the
Aviation Director.
C. All insurance required by this Lease must be primary insurance and not in excess
of or contributing with other insurance which Lessee may carry. All policies must
name the City as an additional insured.
Section 30. Notice.
A. Notices are sufficient if in writing and sent by certified mail, return receipt
requested, postage prepaid, or by overnight delivery service as addressed below:
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If to the City:
Corpus Christi International Airport
Attn: Aviation Director
1000 International Drive
Corpus Christi, Texas 78406
If to Lessee:
Mr. Pat McDonough, Jr.
3542 CR57
Robstown, Texas 78380
B. Either party may change the address to which notices are sent under this section
by providing a change of address, in writing, to the other party within ten (10)
business days of the change.
Section 31. General Provisions.
A. Mineral Rights. City expressly reserves all water, gas, oil, and mineral rights in
and under the soil beneath the Premises.
B. No Waiver of Forfeiture. Any failure or neglect of the City Manager or Lessee at
any time to declare a forfeiture of this Lease for any breach or default whatsoever
hereunder does not waive the City's or the Lessee's right thereafter to declare a
forfeiture for a similar, other, or succeeding breach or default.
C. Force Majeure. Neither the City nor Lessee will be deemed to be in breach of
this Lease if either is prevented from performing any of its obligations hereunder
by reason of force majeure. "Force majeure" means any prevention, delay, or
stoppage due to strikes, lockouts, labor disputes, acts of God, including
inclement weather or periods of excessive rain or snow, inability to obtain labor
or materials or reasonable substitutes therefore, governmental restrictions or
requirements, governmental regulations, governmental controls, inability to timely
obtain governmental approvals, enemy or hostile governmental action, civil
commotion, fire or other casualty, and other causes beyond the reasonable
control of the party obligated to perform. All of the foregoing events excuse the
performance by either party for a period equal to any prevention, delay, or
stoppage, excluding the obligations imposed with regard to the payment of rental
and other charges to be paid by Lessee pursuant to this Lease.
D. Rules and Regulations. The Aviation Director may adopt and enforce rules,
regulations, and policies to be uniformly applied to similar uses and users of
similar space, which Lessee agrees to observe and obey with respect to the use
of the Premises and the Airport, and the health, safety and welfare of those using
the Premises and the Airport.
E. Headings. The titles and headings in this Lease are used only for reference and
in no way define or limit the scope or intent of any provision of this Lease.
F. Venue. Venue of any action brought under this Lease lies in Nueces County,
Texas, exclusively, where the Lease was executed and will be performed.
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G. Successors and Assigns. Subject to the limitations upon assignment and
transfer contained herein, this Lease binds and inures to the benefit of the parties
hereto, their respective heirs, successors, and assigns.
H. No Third Party Benefit. No provision of this Lease creates a third party claim
against the City of Corpus Christi, the Airport, or Lessee, beyond that which may
legally exist in the absence of any such provision.
I. Taxes and Licenses. Lessee must pay, prior to the past due date, all taxes of
whatever character, including ad valorem and intangible taxes, that may be
levied or charged upon the Premises or operations hereunder and upon Lessee's
rights to use the Premises, whether the taxes are assessed against Lessee or
City. Additionally, Lessee must pay any and all sales taxes arising in connection
with its occupancy or use of the Premises whether the taxes are assessed
against Lessee or City. Lessee must obtain and pay for all licenses or permits
necessary or required by law for the installation of equipment and for the conduct
of its operations under this Lease. If Lessee wishes to contest any tax or charge,
that contest will not be a default under the Lease so long as Lessee diligently
prosecutes the contest to conclusion and promptly pays whatever tax is
ultimately owed. Furthermore, Lessee must pay any taxes not being contested
prior to the past due date.
J. Trash and Refuse. Lessee must arrange for the collection and lawful disposal of
all trash and other refuse resulting from its operation on the Premises. Lessee
must provide and use, within Lessee's leased area suitable sealed and fireproof
receptacles approved by the Aviation Director for all trash and other refuse
generated by Lessee's use of the Premises. The piling of boxes, barrels, or
other similar items In or within view from a public area is not permitted.
K. If Lessee consists of two or more individual persons or entities, each person or
entity named in this Lease is jointly and severally liable for all performances,
obligations, and duties imposed by the terms, conditions, and covenants of this
Lease.
L. Publication Costs. All costs for publication of notice of this Lease required by the
City Charter, if any, must be paid by Lessee.
M. Disclosure of Interests. In compliance with Section 2 -349 of the City's Code of
Ordinances, the Lessee shall complete the City's Disclosure of Interests form,
which is attached to this Agreement as Exhibit D, the contents of which, as a
completed form, are incorporated in this document by reference as if fully set out
in this Lease.
Page 14 of 15
_b1_
EXECUTED IN DUPLICATE ORIGINALS this ., day of Pat/ di. , 2008.
Attest:
CITY OF CORPUS CHRISTI
Armando Chapa George K. Noe
City Secretary City Manager
Approved as to legal form: Atli- . / 0 , 2008
kf,
Elizab R. Hundley
Assis - t City Attorney
for the City Attorney
LESSEE: Pat McDonough, Jr.
IP/
Si• ure f Date
0221,11MALITHOlilik&
IT MUNCH.
STATE OF TEXAS §
COUNTY OF 1\11thcE7_,51/4 §
This instrument was acknowledged before me on
Pat McDonough, Jr., TXDL # b 91 b(i 3
PETRA C. NFIEJEAN
MY COMMES&om EXPIRES
March 18, Mil
—62—
SECRETARY PO
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CITY OF CORPUS CHRISTI
CORPUS CHRISTI INTERNATIONAL AIRPORT
CORPUS CHRISTI, TEXAS
-63-
th114.1 b Victor G
Dole 1/18 08
Sheet Flo. 1
EXHIBIT B
AIRCRAFT OPERATION AREAS SITE PLAN
w
too'
OR�C SCALE
J
•
• lw :.
�..�ti. _ _•� .MOVEMEN 1 AREA.
NON-MOVEMENT AREA
INAPTIVE AREA.
AIRPORT tOVEMENT /NON =MOVi1MENT AREAS
CORPUS CHRISTI INTERNATIONAL AIRPORT
CORPUS CHRISTI, TEXAS
�li'67
.LQT1•
rE
EXHIBIT C
INSURANCE REQUIREMENTS
L Lessee's Liability Insurance
A. Lessee must not commence work under this agreement until all insurance required herein is
obtained and such insurance approved by the City. Lessee must not allow any subcontractor to
commence work until all similar insurance required of the subcontractor has been obtained.
B. Lessee must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance,
showing the following minimum coverage by insurance company(s) acceptable to the City's Risk
Manager. The City must be named as an additional insured for the General Liability policy and a
blanket waiver of subrogation is required on all applicable policies.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30 -day written notice of cancellation, termination,
non- renewal or material change is required on all
certificates
Bodily Injury and Property Damage
Per occurrence aggregate
Commercial General Liability or Farm Liability
coverage including:
1. Commercial Broad Form
2. Premises — Operations
3. Products/ Completed Operations Hazard
4. Contractual Liability
5. Independent Contractor
6. Broad Forrn Property Damage
7. Personal Injury
8. Herbicide/ Pesticide Liability
$1,000.000 Combined Single Limit
Farm Auto Liability or Automobile Liability - - --
owned, non-owned or rented
$1,000,000 Combined Single Limit
Workers' Compensation or Farm/ Ranch Owners
Liability
Employers Liability
Applicable if employs any one other than
himself/ herself
Which complies with the Texas Workers
Compensation Act
$500,000
C. In the event of accidents of any kind, Lessee must furnish the Risk Manager with copies of all
reports within (10) ten days of any accident.
2007 Airport Farm land lease ins. req.
_65_
Exhibit C (page 2 of 2)
H. ADDITIONAL REQUIREMENTS
A. Lessee must obtain workers' compensation coverage through a licensed insurance company in
accordance with Texas law. The contract for coverage must be written on a policy and with
endorsements approved by the Texas Department of Insurance. The coverage provided must be in
amounts sufficient to assure that all workers' compensation obligations incurred by the Successful
Bidder will be promptly met.
B. Certificate of Insurance:
* The City of Corpus Christi must be named as an additional insured on the General Liability
coverage and a blanket waiver of subrogation is required on all applicable policies.
* lfyour insurance company uses the standard ACORD form, the cancellation clause (bottom right)
must be amended by adding the wording "changed or" between "be" and "canceled ", and deleting
the words, "endeavor to ", and deleting the wording after "left ".
In lieu of modification of the ACORD form, separate policy endorsements addressing the same
substantive requirements are mandatory.
* The name of the project must be listed under "Description of Operations"
* At a minimum, a 30-day written notice of cancellation, material change, non- renewal,
termination is required.
C. If the Certificate of Insurance on its face does not show the existence of the coverage required by
items 1.8 (1) -(8), an authorized representative of the insurance company must include a letter
specifically stating whether items 1.B. (l) -(8) are included or excluded.
2007 Airport Farm land lease ins. req.
EXHIBIT D
CTTY OF CORPUS CHRISTI
DISCLOSURE OF INTEREST
Ci of Chdsd Ordinance 17112, as amended,, requires all persons or firms to do business with the City
t provide mfoilowing information. Every question must be answered. If the que =applicable, answer vat
`'NA. See reverse side for definitions.
COMPANYNAIM . , ? ` iv140 0941 W f# fi tk s
P O. BOX:._Q. gat co Q i, 7 -
slum Icrrir:47 D 571-9 2JP; riARe'
Pmt IS: i. Corporation ( ) \) 2. Partnership ( 3. ..
4. Association ( ) 5. Other ( t c a► rr • - R try
DISCLOSURE QUESTIONS
If additional space is =essay, please use the reverse side of this page or attach sepazate sheet.
I. State the names afcsch "employee" of the C ty of Corpus Christi having an ownership C rest" constituting 3%
or more of the ownership in the above named `hum."
Name Job T}tle and City Department (if known)
2. State the names of each "official" of the City of Corpus Christi having an "ownership iaurest" constituting 3 % or
mem ofthe ownership in the above named "firm."
Name
w
3. State the names of each "board member" of the City of Cozpus Christ. having an "ownership iaterese' constituting
3% or more of the ownership in the above named firm."
Name Board, Commission, or Committee
4. State the mines of each employee or officer of a "consultant" for the City of Carpus Christi who worked on any
matter related to the subject of this contract and has an "ownership interest' constituting 3% or more of the
ownership in the above named "firm"
Cdtisuitan t
CERTIFICATE
I that all information provided is true and correct as of the date of this statement. that I have not knowingly
withheld of any information requested; and that supplemental statements will be promptly submitted to tits
City of Corpus Christi, Texas as changes occur. _
CertifyingPerson: ■� 0W-006/-( 'fide: 0 u) j ,rte/L. k
Sim of Certifying Person: Date: 1 `" 4"e g
� r
North
CORPUS CHRISTI INTERNATIONAL AIRPORT ---
rf ±46.2 ACRES AIRSIDE
E ±46.2 ACRES LANDSIDE
!!!!
342.23 ACRES PAT MCDONOUGH
581.64 ACRES JAMES KELLY
534.47 ACRES MATT DANYSH
NOTE:
A 1 FT WIDE SECTION ALCPIG CC!n
PERIMETER ROAD AND AGA 'rENQE
SHALL BE CLEARED FROM FARMING
ACTIVITIES` AND MAINTAINED TO PRIMDE
ACCESS FOR C'C!A PERSUHNEL
AND EQUIPMENT.
w@nI 0010
AMY& sr -[-
ES)
18.8 ACRES)
DRAINAGE DITCH
23.3 ACRES
l 000 Z 4.7
Exhibit Z
4cC
CORPUS C['IRISTI
I:\TI':Rmyrio\,}I. A (IM ORT
DEPARTMENT OF AVIATION
N.TS.
EXHIBIT
2010 FARM_LEASE_UPDATF.
1445,1.:11tf.1> I0
BEN VASQUEL
n1,R R1':
\CIVIL TAPLS
CORPUS CHRISTI
INTERNATIONAL. AIRPORT 2010
rue,IIYThlx
P.11..11
I OP I
North
llEtAS walfalf 44-4 LAMM HIGHWAY 44 (4 LANES)
CORPUS CHRISTI INTERNATIONAL AIRPORT —
10 MOW
±46.2 ACRES AIRSIDE
±46.2 ACRES LANDSIDE
876.70 ACRES MATT DANYSH
581.64 ACRES JAMES KELLY
NOTE:
A 10 Ft WIDE SEC*1014 ALONG CCIA
PERIMETER R,3AD AND ADA rENCE
SHALL PE CLEARED FROM FARMIND
ACTIVITIES AND MAINTAINED TO PROVIDE
ACCESS FOR CCIA PER.SONNEL
AND EOLNPMENr.
114
.44402 144"
16.8 ACRES)
DRAINAGE DITCH
2.3.3 ACRES
"mm E,
Exhibit ?)
•cC
CORPUS CHRISTI
IN-riummoNAL.-18tPoRT
DEPARTMENT OF AVIATION
5,-11.11
F,XI-IIBIT •
2011 DANYSH LEASE AGREEMENT
PKERARC-0 VI
BEN VASQ(1172
MW Frit
MANIC) TAPIA
213-11
CORPUS CHRISTI
INTERNATIONAL AIRPORT 2011
PRIVrrrr
RiGr.
10F
AN ORDINANCE
Page 1 of 2
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO RATIFY AN
AMENDMENT TO THE FARM LEASE AGREEMENT WITH MATT
DANYSH, REGARDING TYPES OF PERMISSIBLE CROPS AND TO
REVISE THE RENTAL PAYMENTS FROM $55 PER ACRE, TO $27.50
PER ACRE PLUS 25% OF GROSS RECEIPTS ON HARVESTED
CROPS; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI
TEXAS THAT
SECTION 1. The City Manager or designee is authorized to ratify an amendment to the
Farm Lease Agreement with Matt Danysh to modify the types of permissible crops, and
adjust the rental payments from $55 per acre to $27.50 per acre plus 25% of gross
receipts on harvested crops. A copy of the amendment is on file with the City
Secretary.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council 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 upon first reading
as an emergency measure this the day of , 2011.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved: „Met, a_ 1 , 2011
By: ,L
Lisa Aguilar
Assistant Citrttorney
For City Attorney
Joe Adame
Mayor
1-1:ILEG- DIRILisa12011 ordinanceloRD- AmendFamILease- MattiWish Airport.doc
Page 2 of 2
Corpus Christi, Texas
Day of , 2011
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
Larry Elizondo, Sr,
Kevin Kieschnick
Priscilla G. Leal
John E. Marez
Nelda Martinez
Mark Scott
Linda Strong
N:ILEG- DIR1Lisa12011 Ordinance \ ORD- AmendFarmLease -Mat lanisb Airport.doc
Page 1, of 2
AMENDMENT TO THE LEASE AGREEMENT BETWEEN
THE CITY OF CORPUS CHRISTI AND MATT DANYSH
WHEREAS, the City of Corpus Christi ( "City') owns the Corpus Christi International Airport
( "Airport"), located in Corpus Christi, Nueces County, Texas;
WHEREAS, by Ordinance No. 028104, Matt Danysh entered into a one year lease for certain
parcel of land at the Airport for crop farming purposes, ( "Danysh Lease");
WHEREAS, term was extended to August 31, 2012 in Ordinance No. 028439;
WHEREAS, Ordinance No. 028439 modified leased premises area to be 555.42 acres of land;
WHEREAS, Lessee has requested City Council approval to receive assignment of and assume
Farm Lease held by Pat McDonough, Jr. ( "McDonough Lease "), regarding use of additional
acreages of land at the Airport for crop farming purposes,
WHEREAS, upon the effective date of this Amendment, the McDonough Lease shall be
assigned and assumed into the Danysh Lease;
WHEREAS, upon the effective date of this Amendment, the total acreage of Airport land under
lease to Matt Danysh shall be approximately 876 acres;
WHEREAS, the parties desire to execute this Second Amendment to the Danysh Lease
regarding types of crops to be used, and adjust payments for use of said Leased Premises by
Matt Danysh;
NOW THEREFORE, the City of Corpus Christi acting through its duly authorized City Manager,
and Matt Danysh hereby agree as follows:
Section 1. Section 4A of each Lease is deleted and replaced with the following language:
"Section 4. Lease Payments.
"A. Calculation. Beginning with the payments due in City Fiscal Year 2010-
2011 (which Fiscal Year runs August 1 through July 31), Lessee shall
issue two separate payments each year for the Leased Premises, as
follows:
1) By each August 31 of each year of this Lease, Lessee agrees to pay
the City 25% of gross receipts on the harvested canola and guar
crops from the Leased Premises received in the prior twelve -month
period. Lessee shall provide Airport Director with documentation
reasonably necessary to verify gross receipts.
2) By each May 15 of each year of this Lease, Lessee agrees to pay the
City Twenty -seven dollars fifty cents ($27.50) per each acre of the
Leased Premises."
Section 2. Section 6 of each Lease is deleted and replaced with the following language:
"Section 6. Use of Premises. Lessee must use the Leased Premises for the purpose
of farming canola or guar crops_and for no other purpose without City Manager express written
consent. However, Lessee is prohibited from cultivating and harvesting grain crops and other
CA DOCUME- 11MARIOT- 11LOCALS- 11Temp\XPgrpwisALeuerygnendment -Matt Danysh Farm.DOCX
Page 2 of 2
wildlife attractant plants. Lessee may not construct any improvements on the Leased Premises.
Lessee may not use the Leased Premises for storage of equipment or supplies."
Section 3. By execution of this Second Amendment, the parties agree to formally recognize
and incorporate the new lease payments and crop farming provisions into the existing Lease to
be effective upon City Council approval of the Assignment and Assumption Agreement between
the City, Pat McDonough, Jr. and Matt Danysh.
Section 4. The parties further agree that all terms and conditions of the Danysh Lease, as
amended by the First Amendment, and the McDonough Lease, not changed by this
Amendment, remain the same and in full force and effect.
Section 5. The parties further agree that this Amendment is effective upon City Council
approval of the Assignment and Assumption Agreement between the City, Pat McDonough, Jr.
and Matt Danysh.
EXECUTED IN DUPLICATE, each of which is considered an original, on this the day of
, 2011.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED AS TO FORM:
/44-1
Lisa Aguilar
For the City'' orney
`Angel R. Escobar
City Manager
, 2011
sistant City Attorney
LESSEE: MA DANY
By: tf J
Date: a/ rtp /010 /'
THE STATE OF TEXAS
COUNTY 04V122_
This instrument was acknowledged before me on
Danysh.
L
§
ACKNOWLEDGMENT
KNOW ALL BY THESE PRESENTS:
ry Public, State of as
H :\LEG- DIRILisa12011 Airport ILease- 2Amendment -Matt Danysh Figidocx
91/Mit, , 2011, by Matt
�E P. CAVAZOS
yyr p ig Notary Public, state aR %as
- s.. FEBRUARY 5, 2015
igloo
8
CITY COUNCIL
AGENDA MEMORANDUM
March 08, 2011
AGENDA ITEM:
Ordinance authorizing the City Manager, or designee to execute an amendment to the
Airport In- Terminal Advertising Concession Agreement with In -Ter -Space Services, Inc.,
d/bfa Clear Channel Interspace Airports, ( "Concessionaire ") to amend definition of gross
receipts to exclude Concessionaire's printing and other brochure costs and include
amounts paid by third -party advertisers for brochure production and distribution within the
airport terminal; ratifying effective date of January 1, 2011 and declaring and emergency.
ISSUE:
Clear Channel Airports, formerly Interspace Airport Advertising, operates the display
advertising concession at Corpus Christi International Airport. The current agreement does
not include the sale of brochures in the definition of gross receipts payable to the Airport.
After a review of overall advertising at the Airport, Staff requested that the brochure sales
be included to generate additional revenue.
BACKGROUND INFORMATION:
Clear Channel Airports and the City of Corpus Christi originally entered a three -year
agreement on September 9, 2002. A five -year extension was executed on July 10, 2007
granting the exclusive right to use advertising space in the Airport Terminal. The space
shall be used for the operation of hotel -motel reservation boards, backlit displays, poster
panels, specialty displays, product case displays and other similar types. In return, the
Airport receives a minimum annual amount of $40,000 or 30% of gross receipts whichever
is greater. The Airport receives approximately $45,000 to $50,000 annually from the
concession agreement,
RECOMMENDATION: Staff recommends approval of the Ordinance as presented.
Fernando A, Segundo
Director of Aviation
FredS c@cctexas.com
289.0171 ext. 1213
FIRST AMENDMENT TO AIRPORT
IN- TERMINAL ADVERTISING CONCESSION AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT ( "AMENDMENT ") is entered into this day
of , 2011, by and between the City of Corpus Christi, Texas, (hereinafter
referred to as "Airport") and In- Ter -Space Services, Inc., currently holding a license to d/b /a Clear Channel
Interspace Airports, (hereinafter referred to as "Concessionaire ") and formerly d/b /a Interspace Airport
Advertising.
WITNESSESTH:
WHEREAS, Concessionaire has operated the display advertising at the Corpus Christi International
Airport (hereinafter referred to as "Facility") since 2002 pursuant to a certain In- Terminal Advertising
Concession Agreement (hereinafter referred to as "Agreement ") dated September 8, 2002; and
WHEREAS, both parties desire to modify the term of "Gross Receipts" as defined in the Agreement; and
NOW THEREFORE, the Airport and Concessionaire, in consideration of the mutual convenants herein
contained and intending to be legally bound, hereby agree to amend the Agreement as follows:
1. Effective January 1, 2011, Section 4.5 -- "Gross Receipts" Defined — The following
modification shall be made to section 4.5 so that 4.5.5 shall be deleted in its entirety and
replaced as follows:
"4.5 "Gross Receipts" Defined. The term `Gross Receipts as used herein shall mean all revenues
derived by Concessionaire or any agent of Concessionaire from its operations relating to
advertising on the Airport from any source whatsoever; it is expressly provided, however, that
such term shall not include:
4.5.1 The amount of any separately- stated federal, state and local sales or use taxes imposed upon
Concessionaire's customers and collected by Concessionaire (the sale less any applicable taxes
will be reported to City);
4.5.2 The amount actually paid by the Concessionaire as commissions or fees to advertising
agencies or selling agents not employed by Concessionaire (not to exceed fifteen percent (15 %) on
any particular transaction);
4.5.3 Reasonable charges incurred by Concessionaire or Concessionaire's agent for such period
for local telephone services in connection with Call Board(s) and Displays utilized under the
provisions of this Agreement (agent shall report in detail and certify the amount of such charges
each month); OF
4.5.4 Any amount actually paid by an advertiser for ownership in connection with design,
fabrication, or installation of advertising artwork or graphics for the Displays or Call Boards and
fees paid by advertiser for the installation and maintenance of high -tech displays.,
4.5.5 Amounts paid by Concessionaire for the printing, distributing, stocking and/or
maintaining of brochures displayed within the Airport terminal; and
4.5.6 Amounts deemed uncollectable after reasonable collection efforts not to exceed five percent
(5 %) of the Concessionaire's total annual gross revenues."
2. Except as expressly provided in this Amendment, all other terms and conditions of the
Agreement shall remain in full force and effect, and the parties hereby reaffirm their rights,
duties and obligations thereunder.
IN WITNESS WHEREOF, the parties have executed this Amendment to Agreement as of the date and
year first written above.
AIRPORT:
City of Corpus Christi
By:
Name:
Title:
Attest:
Armando Chapa, City Secretary
Approved as to form:
BY: b...44-it
Lisa Aguilar, Assi City Attorney
For the City Atto
CONCESSIONAIRE:
In- Ter -Space Services, Inc.
operating under license as Clear Channel
Airports
Name: ...' niPk
Title: Pre. s3dan+-
Attest:
ORDINANCE
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE AN
AMENDMENT TO THE AIRPORT IN- TERMINAL ADVERTISING
CONCESSION AGREEMENT WITH 1N- TER -SPACE SERVICES, INC., DIBIA
CLEAR CHANNEL INTERSPACE AIRPORTS, ( "CONCESSIONAIRE ") TO
AMEND DEFINITION OF GROSS RECEIPTS TO. EXCLUDE
CONCESSIONAIRE'S PRINTING AND OTHER BROCHURE COSTS AND
INCLUDE AMOUNTS PAID BY THIRD -PARTY ADVERTISERS FOR
BROCHURE PRODUCTION AND DISTRIBUTION WITHIN THE AIRPORT
TERMINAL; RATIFYING EFFECTIVE DATE OF JANUARY 1, 2011; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager, or designee, is authorized to execute an amendment to the
Airport In- Terminal Advertising Concession Agreement with In- Ter -Space Services, Inc.,
d/b/a Clear Channel Interspace Airports ( "Concessionaire ") to amend definition of gross
receipts to exclude Concessionaire's printing and other brochure costs and include amounts
paid by third -party advertisers for brochure production and distribution within the airport
terminal. A copy of the amendment shall be filed with the City Secretary. The amendment is
ratified to be effective as of January 1, 2011.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs and (2)
suspends the Charter rule that requires consideration of and voting upon ordinances at two
regular meetings so that this ordinance is passed and takes effect upon first reading as an
emergency measure this the day of , 2011.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Legal form approved 'l A , 2011
By: Cr)
Lisa Aguilar, Assis ant City Attorney
for City Attorne
Joe Adame, Mayor
Corpus Christi, Texas
Day of , 2011
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
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla G. Leal
John E. Marez
Nelda Martinez
Mark Scott
Linda Strong
9
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: March 8 201
AGENDA ITEM:
A) RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT
A CASH DONATION IN THE AMOUNT OF $10,869.57 FROM THE VERA SEARCY
McGONIGLE ESTATE FOR SUPPORT OF THE CORPUS CHRISTI MUSEUM OF
SCIENCE AND HISTORY.
B) ORDINANCE APPROPRIATING $10,869.57 FROM THE VERA SEARCY
McGONIGLE ESTATE INTO THE NO. 1020 GENERAL FUND FOR THE SUPPORT OF
THE CORPUS CHRISTI MUSEUM OF SCIENCE AND HISTORY; CHANGING THE FY
2010 -2011 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 028683 TO
INCREASE REVENUES AND EXPENDITURES BY $10,869.57 EACH; AND DECLARING
AN EMERGENCY.
ISSUE: The City of Corpus Christi received $10,869.57 from the Estate of Vera Searcy
McGonigle. The Corpus Christi Museum of Science and History Foundation was
established to hold private contributions in trust for use by the Corpus Christi Museum of
Science and History. The Special Purpose Fund of the Foundation receives deposits that
are accompanied by special instructions by a depositor. Since there were no special
instructions accompanying this donation, these funds will be used for public purposes at
the Corpus Christi Museum of Science and History at the request of the Museum Director.
This money must be appropriated by the City Council prior to deposit in the Museum
Foundation's Special Purpose Fund.
REQUIRED COUNCIL ACTION: Adopt an ordinance appropriating $10,869.57 received from
the Vera Searcy McGonigle Estate to transfer to the Corpus Christi Museum of Science
and History Foundation.
PREVIOUS COUNCIL ACTION: None
CONCLUSION AND RECOMMENDATION: It is recommended that the City Council approve
the transfer of the funds received from the estate of Vera Searcy McGonigle to the Corpus
Christi Museum of Science and History Foundation.
Attachments
—85—
Rick Stryker
Director
ricks@cctexas.com
(361) 826 -4660
BACKGROUND INFORMATION
The Friends of the Corpus Christi Museum of Science and History established the Corpus
Christi Museum Foundation in the early 1970's. "The purposes of this Trust are to provide
financial support for the Corpus Christi Museum of Science and History...and the funds
and assets of the Trust shall be used and applied only for such purposes."
Deposits to the Foundation's Special Purpose Fund and income deriving from those
deposits are distributed "in accord with instructions, specifications, or authorizations" given
to the trustee at the time of the deposit. In the absence of instructions, specification, or
authorizations, donations deposited to the Foundation's Special Purpose Fund and income
deriving from those deposits are distributed based on the needs of the Museum as
determined by the Museum Director. Since the funds are typically expended through the
Friends of the Corpus Christi Museum of Science and History, the Board of Directors of the
Friends approves the distributions.
The present trustee of the Foundation is Wells Fargo Bank. Appointment or removal of the
trustee requires the approval or consent of at least two- thirds of the entire membership of
the Board of Directors of the Friends of the Corpus Christi Museum of Science and History
and at least two- thirds of the entire membership of the City of Corpus Christi Advisory
Committee of the Corpus Christi Museum of Science and History.
The current balance in the Corpus Christi Museum Foundation Special Purpose Fund is
about $1,153,898. The financial condition of the Foundation is audited annually by an
independent firm, most recently by Fite and Wheeler. Income from Special Purpose Fund
investments are distributed annually. The amount appropriated is limited to 4% of the total
value of the Fund based on a 3 year trailing average method of calculation in order to
preserve and grow the corpus of the Fund. For the last couple years this annual
appropriation has grown to -- F$40,000.
Recent examples of projects funded by income from the Special Purpose Fund include
support for the acquisition of the Voyage exhibit which is installed along Shoreline Drive,
matching support for a grant from the Texas Historical Commission to complete an
inventory of the La Belle Collection, a marine survey of the Columbus ships, the purchase
of four storage cabinets for the malacology collection, the purchase of new chairs for the
Watergarden Meeting Room, and new "Past Perfect" software for management of the
collections database.
Page 1 of 2
RESOLUTION
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A
CASH DONATION IN THE AMOUNT OF $10,869.57 FROM THE VERA
SEARCY McGONIGLE ESTATE FOR THE SUPPORT OF THE CORPUS
CHRISTI MUSEUM OF SCIENCE AND HISTORY.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION t. That the City Manager or designee is authorized to accept a cash
donation in the amount of $10,869.57 from the Vera Searcy McGonigle Estate for the
support of the Corpus Christi Museum of Science and History.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Joe Adame
Mayor
APPROVED AS TO FORM: rem' /7, 2011.
Efrian Nary ez
Assistant City Attorney
For City Attorney
Page 2 of 2
Corpus Christi, Texas
of , 2011
The above resolution was passed by the following vote:
Joe Adame
Chris N. Adler
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla Leal
John Marez
Nelda Martinez
Mark Scott
Linda Strong
Page 1 of 2
ORDINANCE
APPROPRIATING $10,869.57 FROM THE VERA SEARCY McGONIGLE
ESTATE INTO THE NO. 1020 GENERAL FUND FOR THE SUPPORT
OF THE CORPUS CHRISTI MUSEUM OF SCIENCE AND HISTORY;
CHANGING THE FY 2010 -2011 OPERATING BUDGET ADOPTED BY
ORDINANCE NO. 028683 TO INCREASE REVENUES AND
EXPENDITURES BY $10,869.57 EACH; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $10,869.57 from the Vera Searcy McGonigle Estate is appropriated
into the No. 1020 General Fund for the support of the Corpus Christi Museum of
Science and History.
SECTION 2. That the FY 2010 -2011 Operating Budget adopted by Ordinance No.
028683 is changed to increase revenues and expenditures by $10,869.57each.
SECTION 3. That upon written request of the Mayor or five Council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the day of , 2011.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Joe Adame
Mayor
APPROVED AS TO FORM: ,' 17 , 2011.
Brian Narvaez
Assistant City Attorney
For City Attorney
Page 2 of 2
Corpus Christi, Texas
day of , 2011
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
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla Leal
John Marez
Nelda Martinez
Mark Scott
Linda Strong
10
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 03/08/2011
AGENDA ITEM: Resolution nominating Flint Hills Resources, LP, to the Office of the
Governor Economic Development & Tourism, through the Economic Development Bank,
for designation as a Double Jumbo Retained Job Enterprise Project, under the Texas
Enterprise Zone Program under the Texas Enterprise Zone Act, Chapter 2303, Texas
Government Code (Act).
ISSUE: The Council approved a triple jumbo designation for Flint Hills Resources, LP on
August 17, 2010. The State informed them that this project is only eligible for a double
jumbo designation due to the number of designated employees was 443 and not 500 which
is the minimum for a triple jumbo designation. Projects seeking designation as an
Enterprise Project must obtain a nomination by the City Council to the Office of the
Governor. Flint Hills Resources, LP has requested the City of Corpus Christi consider
nomination of the company as a Double Jumbo Texas Enterprise project for job retention
benefits. Flint Hills Resources, LP estimates that over the next five years, they will make
capital expenditures in excess of $250 million in capital expenditures for new equipment
and machinery which will allow the company to produce its products and services in a more
cost effective manner.
PREVIOUS COUNCIL ACTION: Resolution No. 028721 - Designated Flint Hills
Resources, LP a triple jumbo project on August 17, 2010.
REQUIRED COUNCIL ACTION: Requires Council approval of the resolution.
CONCLUSION AND RECOMMENDATION: Staff recommends approval of the
Resolution to nominate Flint Hills Resources, LP as a Double Jumbo Texas Enterprise
Project, as presented.
Mike Culbertson
CCREDC VP
mculbertson@ccredc.com
(361) 882 -7448
Attachments: Letter from the Office of the Governor dated February 10, 2011.
BACKGROUND INFORMATION
Under State Law, the Office of the Governor — Economic Development and Tourism
Division through the Texas Economic Development Bank administers the Texas Enterprise
Zone (TEZ) Program. According to the Texas Enterprise Zone Act, Chapter 2303, Texas
Government Code, the purpose of the program is to encourage job creation and retention
and capital investment in areas of economic distress.
Communities participating in the Texas Enterprise Zone Program are required to provide
incentives to the project in addition to offering nomination for participation in the Texas
Enterprise Zone Program. At least one of the incentives must be exclusive to the Texas
Enterprise Zone.
A designated project located in the Texas Enterprise Zone must agree to hire at least 25
percent of its employees from the enterprise zone or economically disadvantaged groups
and in return will receive a refund of sales and use tax (SUT) paid to the Office of the
Comptroller. If the project is located outside the zone, the project must agree to hire at
least 35 percent of its new employees from the enterprise zone or economically distressed
groups.
The program allows a refund of $2,500 for each job created or retained. If investment
levels are adequate, the local nominating governing body may nominate a project as a
Double or Triple Jumbo Project designation, increasing the value per job created or
retained to $5,000 or $7,500, respectively. Therefore, a double jumbo project can receive a
rebate of up to $2.5 million, and a triple jumbo project can receive a rebate of up to $3.75
million.
State Law allows each participating community with a population less than 250,000 to
nominate up to six projects per biennium and communities with a population more than
250,000 to nominate up to nine projects per biennium. Since City of Corpus Christi's
population exceeds the 250,000 threshold, up to nine projects can receive designation
during this biennium. A double jumbo project assumes two of the number of projects
allowable and a triple assumes three. Thus far, the City has nominated two businesses for
six designations this biennium. The businesses nominated and approved are CITGO
Refining and Chemicals Company ( "triple jumbo ") and Valero Refining - Texas, LP ( "triple
jumbo ").
The City of Corpus Christi has nominated a number of projects including Stripes, Berry
Contracting, Horton Automatic Doors, CITGO Refining and Chemicals, Trinity Towers, L.P.,
APAC Corporation and Valero. To date, the designated enterprise zone projects have
resulted in literally billions of dollars in investment in Corpus Christi. This local capital
investment represents a significant portion of all of the combined capital investment made
in enterprise zones across the state.
Flint Hills Resources, LP
Flint Hills Resources, LP estimates that over the next five years, they will make capital
expenditures in excess of $250 million in capital expenditures for new equipment and
machinery which will allow the company to produce its products and services in a more
cost effective manner. This capital investment and its job retention represent the basis for
this enterprise project nomination.
OFFICE OF THE GOVERNOR
ECONOMIC DEVELOPMENT & TOURISM
RICK PERRY
(i)V1 ?RN&)R
February 10, 2011
Mr. Angel R. Escobar
City Manager
City of Corpus Christi
1291 Leopard Street
Corpus Christ, Texas 78401
Subject: Enterprise Project Application on Behalf of Flint Hills Resources, LP
Dear Mr. Escobar:
The application you submitted on behalf of FIint Hills Resources, LP for designation as an enterprise
project has been reviewed. Please submit one original, three -hole punched of the deficiencies as
outlined below. Submit pages to substitute in the application for each change requested by February 24,
2011. Your corrections must be received by 5 p.m. on the due date specified. If you are unable to
submit the requested corrections by the due date, call me and set up an alternative date that will meet
your needs and still allow sufficient time for processing within the time allowed by statute. If the
requested information is not received by the due date, or an alternative date agreed upon, the project
application will receive no further consideration for this round.
OFFICIAL ACTION. The nominating resolution states that Flint Hills Resources, LP is being
nominated as a triple jumbo enterprise project. However, the actual nomination of the qualified business
on page 2 of the resolution is as a single retained job enterprise project. It should be noted that this
nomination constitutes a concurrent designation, and to receive a triple jumbo enterprise project
designation, the qualified business must be able to receive benefit for at least 500 jobs. There are
currently only 943 full -tune employees located at the qualified business site, with 500 of those jobs
already certified for benefit under the existing designation. This leaves 443 eligible jobs under the
pending designation and makes the qualified business only eligible for a double jumbo enterprise project
designation. Resubmit the nominating resolution with the correct nomination stated throughout the
document.
Y.O. 1io\ 12428 ,1..1411\, TX 787t1 1 512 -4& 3 - 2IIlI11 IUl■i 7 -1 -1 1-(IR R11.ti1 1.R\
11101\ ,GovI.v,Nnit.s r 4 11 .1 \. ( s
—96—
Mr. Angel R. Escobar
Re: Flint Hills Resources, LP Enterprise Project Application
February 10, 2011
Page Two of Two
JOBS TO BE RETAINED FOR BENEFIT. Attach a breakdown of jobs to be retained for benefit at
the qualified business site for this concurrent designation. The listing provided under Tab 14 included to
jobs already certified for the original designation.
If you have any questions, or need clarification of any of the above issues, please call me at (512)
936 -0274.
Sincerely,
Brenda Clear, Program Specialist
Texas Enterprise Zone Program
cc: Stephanie Bowen, Flint Hills Resources, LP
Jubal Smith, PricewaterhouseCoopers
Page 1 of 3
RESOLUTION
NOMINATING FLINT HILLS RESOURCES, LP, TO THE OFFICE OF
THE GOVERNOR ECONOMIC DEVELOPMENT & TOURISM,
THROUGH THE ECONOMIC DEVELOPMENT BANK, FOR
DESIGNATION AS A DOUBLE JUMBO ENTERPRISE PROJECT,
UNDER THE TEXAS ENTERPRISE ZONE PROGRAM UNDER THE
TEXAS ENTERPRISE ZONE ACT, CHAPTER 2303, TEXAS
GOVERNMENT CODE
WHEREAS, the City of Corpus Christi ( "City "), on October 14, 2003, passed Ordinance
.No. 025513 electing to participate in the Texas Enterprise Zone Program, and the local
incentives offered under this resolution are the same, on this date, as were outlined in
Ordinance No. 025513;
WHEREAS, the Office of the Governor Economic Development and Tourism ( "EDT ")
through the Economic Development Bank ( "Bank ") will consider Flint Hills Resources,
LP, ( "Flint Hills ") as a double jumbo enterprise project under a nomination and an
application made by the City;
WHEREAS, the City desires to create the proper economic and social environment in
order to induce the investment of private resources in productive business enterprises
within the City, and to provide employment to residents of enterprise zones and to other
economically disadvantaged individuals;
WHEREAS, under Subchapter F of the Texas Enterprise Zone Act (Chapter 2303,
Texas Government Code ( "Act "j), Flint Hills has applied to the City for designation as a
double jumbo enterprise project; and
WHEREAS, the City finds that Flint Hills, located at 2825 Suntide, Corpus Christi,
Texas 78409, which is located in the City's extra territorial jurisdiction and industrial
district, meets the criteria for designation as a double jumbo enterprise project under
Subchapter F of the Act on the following grounds:
1. Flint Hills is a "qualified business," under Section 2303.402 of the Act,
since it will be engaged in the active conduct of a trade or business, at a
qualified business site located within the City's jurisdiction, is located
inside of an enterprise zone, and at least twenty -five percent (25.0 %) of
the business' new employees will be residents of an enterprise zone or
economically disadvantaged individuals;
2. Flint Hills is located in an Enterprise Zone, which is also an area
designated by the Federal Government as a Renewal Community (Section
2303.101(2) of the Act) and in Census Tract 50, Block Group 1, as defined
by the most recent Federal decennial census available at the time of
designation, in which at least 20 percent of the residents of the block
Flint Hills Enterprise Project Nomination Resolution — 0221 20449 _.
Page 2 of 3
group have an income at or below 100 percent of the federal poverty level
(Section 2303.101(1) of the Act);
3. There has been and will continue to be a high level of cooperation
between public, private, and neighborhood entities within the area; and
4. The designation of Flint Hills as a double jumbo enterprise project will
contribute significantly to the achievement of the plans of the City for
development and revitalization of the area;
WHEREAS, the City finds that Flint Hills meets the criteria for tax relief and other
incentives adopted by the City and nominates Flint Hills as a double jumbo enterprise
project on the grounds that it will be located at a qualified business site and will retain its
existing level of employment, economic activity, and stability; and
WHEREAS, the City finds that it is in the best interest of the City to nominate Flint Hills
as a double jumbo enterprise project under the Act;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the findings of the City Council and its actions approving this
resolution taken at the City Council meeting held on March 8, 2011, are approved and
adopted.
SECTION 2. That Flint Hills is a "qualified business," as defined in Section 2303.402 of
the Act, and meets the criteria for designation as a double jumbo enterprise project
under Subchapter F of the Act.
SECTION 3. That the enterprise project shall take effect on the date of designation of
the enterprise project by the agency and terminate on September 1, 2015.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: day of March, 2011.
R. Jay, te'riing /
First Assistant City Attorney
For City Attorney
Flint Hills Enterprise Project Nomination Resolution — 0221201191F,
Joe Adame
Mayor
Page 3 of 3
Corpus Christi, Texas
of ,2011
The above resolution was passed by the following vote:
Joe Adame
Chris N. Adler
Larry R. Elizondo, Sr.
Kevin Kieschnick
Priscilla Leal
John E. Marez
Nelda Martinez
Mark Scott
Linda Strong
Flint Hills Enterprise Project Nomination Resolution — 0221201'1111._
11
AGENDA MEMORANDUM
City Council Action Date: March 8, 2011
SUBJECT: Rehabilitation of City /County Health Department Facility (Bond 2008)
Project No. 52501 CIP No. PH 08
AGENDA ITEM: Motion authorizing the City Manager or designee to execute a
Construction Contract with Malek, Inc., of Corpus Christi, Texas, in the amount of
$635,220.00 for the City /County Health Department Facility Rehabilitation for the Total
Base Bid. (Bond 2008) (Re -Bid)
ISSUE: This project was approved November 4, 2008 in the Bond Issue 2008 Package
under Proposition No. 4 Public Health. The City /County Health Department Facility, which
is approximately 34 years old, experiences air and moisture penetration due to the
deterioration of the building's exterior seal. This project will address those deficiencies as
well as provide for aesthetic improvements to the lobby and refurbish the existing HVAC
equipment.
FUNDING: Funding is available from the Bond 2008 Public Health Capital Improvement
Fund Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented.
Annette Rodriguez
Director of Public Health (City & County)
851 -7203
annetter@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
H: 1HOME1 KEV1 NS1GEN \HEALTFi15250Buildingriehab2o 101AwdMomo.doc
.C. Pete Anaya, P.E.
Director of Engineering Services
826-3781
peteanacctexas.com
-103-
BACKGROUND INFORMATION
SUBJECT: Rehabilitation of City /County Health Department Facility (Bond 2008) (Re-
Bid)
Project No. 52501 CIP No. PH 08 / BOND ISSUE 2008 NO. 38
PROJECT DESCRIPTION:
The recommended award (Base Bid) consists of re- sealing the exterior portion of the
building; re- roofing approximately 23,254 - square feet of the building; replacement of 26
existing fan coil units; replacement of existing pneumatic control system with new direct
digital control system, and electrical extension /reconnection to new equipment and other
miscellaneous work.
BID INFORMATION:
Bids were originally opened for the project on November 17, 2010. The City rejected bids
as the base bid amount was greater than the available funding. The consultant
restructured the project and produced new plans, bid and contract documents at no cost to
the City as required by the contract with the Consultant.
The re -bid was structured as a Base Bid with seven additive alternates. The items
included in the Base bid and each additive alternate were:
• Base Bid - Re- sealing the exterior portion of the building; re- roofing approximately
23,254 -sf of the building; replacement of 26 existing fan coil units; replacement of
existing pneumatic control system with new Direct Digital Control (DDC) system, and
electrical extension /reconnection to new equipment and other miscellaneous work.
• Additive Alternate No. 1 — One new air handling unit to replace existing fan coil E -4;
• Additive Alternate No. 2 - One new air handling unit to replace existing fan coil E -3;
• Additive Alternate No. 3 - Two new air handling units to replace existing fan coils A -13
and C -3;
• Additive Alternate No.4 - Two new air handling units to replace existing fan coils C -1
and C -2;
• Additive Alternate No.5 - Two new air handling units to replace existing fan coils A -1
and A -10;
• Additive Alternate No.6 - Two new air handling units to replace existing fan coils A -2
and A -3; and
• Additive Alternate No.7 — Provide re- roofing of north portion of the main roof area.
HAHOMEILYNDASIGEN\Public Health & SafetyiBond 0B15250 - City County HE34 (0414apdBkg.doc
EXHIBIT "A"
Page 1 of 3
On February 9, 2011, the City opened proposals from two (2) bidders. (See Exhibit "C" -
Bid Tabulation) The base bids ranged from $635,220.00 to $716,517.15 for the Base Bid.
The estimated cost of construction was $574,000. The low bid was submitted by Malek,
Inc., in the amount of $635,220.
City staff and the consultant, Stridde Callins Associates recommend that a construction
contract be awarded to Malek, Inc. of Corpus Christi, Texas, in the amount of $635,220 for
the Total Base Bid based on the availability of funds.
Realizing the potential for a budget shortfall, Engineering Staff and Striddle Callins
Associates worked closely with the Health Department Staff to structure the base bid
package to include the highest priority work, including air handlers located in high traffic
public access areas and laboratory areas critical to public health and safety. After
conversation with City /County personnel as well as a representative of Protech (CCHD
mechanical service contractor) it was determined that the existing pneumatic controls were
the largest problem with regards to the HVAC systems, so it was determined that
replacement of the entire existing pneumatic HVAC control system with new DDC (direct
digital controls) system for all units was a priority. The remaining areas, which were rated a
lower priority, were structured as additive alternates. The units selected for alternate bid
were found to mostly serve areas that are not occupied for long durations (hallways) and /or
least problematic. These units will be replaced in the future as funds become available —
through future grants or bond elections.
PRIOR PROJECT EXPENSES:
On October 21, 2008, the City Council approved a Resolution expressing official intent to
reimburse costs with respect to the Health Department Laboratory Air Handler and Health
Department chiller Replacement which was included in Proposition Four in the upcoming
November 2008 Bond Election. Subsequently, a contract for replacement of these items
had to be awarded on an emergency basis due to the critical need for keeping
immunizations and specimens at the proper temperature. The funding for the contract
came from the General Fund unreserved fund balance, in anticipation of being reimbursed
if Proposition No. 4 of the 2008 Bond Issue passes. If the proposition did not pass, then
the expenditures would remain in the General Fund. The approved expenses for the chiller
replacement were $334,791.50
On September 8, 2009, the City Council approved a Construction Contract with Bay Area
contracting and Construction in the amount of $118,000 for the Health Department
Laboratory Remodel 2009 for the renovation of existing plumbing and restroom areas, the
replacement of ceilings and flooring, modifications to space utilization, and improvements
to correct water infiltration problems. A large portion of this project was funded through the
remaining discretionary proceeds of a Health Department Grant. The remaining balance of
the project, $43,271.30 was funded through Bond Issue 2008 proceeds for work that had
been approved by voters in the November 2008 bond election.
H:{HOMEILYNDASIGEN1Pubiic Health & Safetyt8ond 0815250 - City County Heeltll [Egyerakg.doc
EXHIBIT "A"
Page 2 of 3
CONTRACT TERMS: The project is estimated to require 83 calendar days for the Base
Bid, with completion anticipated in early June 2011.
PROJECT BACKGROUND: On Tuesday, November 4, 2008, the City of Corpus Christi
held an election to consider a number of ballot propositions to fund major capital
improvements for the community, Bond Issue 2008. The November 4, 2008 election was
held jointly with Nueces County and coincided with the Presidential Election.
The Bond Issue 2008 package includes $153 million in projects to be funded from ad
valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and
Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The
proposed projects target the City's most immediate needs to improve existing physical
facilities, provide for growth, and protect the City's investment in its infrastructure.
H:HOMELLYNDASlGEN1Publlc Health & SafetylBond 0815250 - City County Healt4 OF6esar Bkg.doc
EXHIBIT "A"
Page 3 of 3
PRIOR PROJECT ACTIONS
SUBJECT: Rehabilitation of City /County Health Department Facility (Bond 2008)
Project No. 52501 CIP No. PH 08
PRIOR COUNCIL ACTION:
1. November 13, 2008 — Ordinance canvassing returns and declaring results of the
Special Election held on November 4, 2008 in the City of Corpus Christi for the
adoption of seven bond propositions and approval of a proposition to restrict vehicular
access to and on the portion of the Gulf of Mexico Beach seaward of the concrete
portion of the Padre Island Seawall. (Ordinance No. 027939)
2. October 21, 2008 — Resolution expressing official intent to reimburse costs with respect
to the Health Department Laboratory Air Handler and Health Department Chiller
Replacement.
3. November 18, 2008 - Resolution expressing official intent to reimburse costs of the
2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000
for improvements to Streets, Fire Department Facilities, Police Department Facilities,
Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development.
(Resolution No. 027950)
4. September 9, 2009 — Motion authorizing the City Manager or his designee to execute a
construction contract with Bay Area Contracting & Construction, Inc. of Corpus Christi,
Texas in the amount of $118,000 for Health Department Laboratory Remodel 2009 for
the Total Base Bid.
5. December 15, 2009 - Ordinance approving the FY 2010 Capital Budget and Capital
Improvement Planning Guide in the amount of $202,877,800. (Ordinance No. 028449)
6. February 9, 2010 - Motion authorizing the City Manager or his designee to execute a
Contract for Professional Services with Stridde, Callins & Associates, Inc., of Corpus
Christi, Texas, in the amount of $74,067 for design, bid, construction phase and
additional services for Rehabilitation of the City /County Health Department Facility.
(Bond 2008) (Motion 2010 -027)
PRIOR ADMINISTRATIVE ACTION:
1. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05
Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non -
local).
2. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008-
05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non-
local).
3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008-
05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non -
local).
H:IHQMESINNDAS\GENSPublic Health & SafelylBond 0815254 - City County Hall 1:117AwdPriorActionExhB.dcc
EXHIBIT "B"
Page 1 of 1
Tabulated by: Abel Garcia
Date: Tuesday, February 15, 2011
Bids Opened February 9, 2011
TABULATION OF BIDS
STRIDDE, CALLINS ASSOCIATES, INC.
Time of Completion: See Below
ENGINEER'S ESTIMATE: SEE BELOW
CITY I COUNTY
HEALTH DEPARTMENT FACILITY
REHABILITATION
PROJECT NO. 5250
Malek, Inc.
2521 Antelope
Corpus Christi, TX 78408
Leoncintos Inc.
PO Box 270898
Corpus Christi, TX 78427
OPINION OF
PROBABLE
CONSTRUCTION
ENGINEERS
ESTIMATED TIME
OF CONSTRUCTION
ITEM
DESCRIPTION
UNIT
QTY
AMOUNT
AMOUNT
AMOUNT
CALENDAR DAYS
BB1
Base Bid
LS
$635,220.00
$716,517.15
$574,000.00
83
AB1
Alternate Bid 1
LS
$14,046.00
$16,356.77
$15,100.00
3
AB2
Alternate Bid 2
LS
$15,058.00
$16,372.95
$15,100.00
3 _
AB3
Alternate Bid 3
LS
$28,535.00
$31,558.18
$30,200.00
7
AB4
Alternate Bid 4
LS
$32,296.00
$32,861.69
$30,200.00
7
AB5
Alternate Bid 5
LS
$28,628.00
$31,640.35
$30,200.00
_
7
AB6
Alternate Bid 6
LS
$30,146.00
$31,655.29
$30,200.00
7
AB7
Alternate Bid 7
LS
$113,219.00
$125,340.04
$89,000.00
30
Total Base Bid with all Alternate Bid Items
$897,148.00
$876,962.38
$814,000.00
All Proposals received with Bid Guaranty, Disclosure Statement, and proposal fully executed.
H:IHOMEILYNDASIGEN\Public Health & Safety\Bond 0815250 - City County Health DeptlBidTabRevised.xls
Exhibit C
PAGE 1 of 1
PROJECT BUDGET
CITY / COUNTY HEALTH DEPARTMENT FACILITY REHABILITATION
(BOND ISSUE 2008)
Project No. 5250
March 22, 2011
FUNDS AVAILABLE:
Health Rehabilitation CIP Fund 2009
Interest earned and appropriated
Bond Premium
$1,150,000.00
1,723.71
17,707.40
TOTAL $1,169,431.11
PRIOR EXPENDITURES:
Bond Issuance Expense
Health Department Chillers (Approved by Ordinance #027911)
Health Department Lab Remodel (Approved by Motion #2009 -251)
FUNDS AVAILABLE FOR CURRENT PROJECT:
FUNDS REQUIRED FOR CURRENT PROJECT;:
Construction (Malek)
Contingencies (5 %)
Consultant Fees:
Consultant (Stridde Cabins Associates) Basic Fee $59,450 Additional Svcs. $14,617
Reimbursements:
Contract Administration (Contract Preparation /Award /Admin)
Engineering Services (Project Mgt/Constr Mgt)
Construction Observation Services (Included in Consultant Fee)
Finance Administration
Misc. (Printing, Advertising, etc.)
17,084.61
334,791.50
43,271.30
395,1 47.41
$774,283.70
635,220.00
31,761.00
74,067.00
3,246.84
9,214.66
560.00
7,057.10
TOTAL $761,126.60
ESTIMATED PROJECT BUDGET BALANCE $13,157.10
—109—
EXHIBIT "D"
Page 1 of 1
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REHABILITATION OF CITY /COUNTY
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PAGE: 1 of 1
we 01/22/2010
-110-
12
CITY COUNCIL
AGENDA MEMORANDUM
AGENDA ITEM:
March 8, 2011
A. Ordinance abandoning and vacating a 10,541.52- square foot portion (0.242 acre) of an existing
15 -foot wide utility easement out of Lexington Industrial Center, crossing a portion of Lots 23
and 30, located south of the South Padre Island Drive (SH 358), state right -of -way; requiring the
Owner, Wal -Mart Stores Texas, L.P., to comply with the specified conditions; and declaring an
emergency.
B. Ordinance abandoning and vacating a 10,715.76- square foot portion (0.246 acre) of an existing
10 -foot wide utility easement out of Lexington Industrial Center, crossing a portion of Lots 19,
23, and 30, located south of the South Padre Island Drive (SH 358), state right -of -way; requiring
the Owner of Lot 19, Wal -Mart Real Estate Business Trust and the Owner of Lots 23 and 30,
Wal -Mart Stores Texas, L.P., to comply with the specified conditions; and declaring an
emergency.
C. Ordinance abandoning and vacating a 9,757.44 - square foot portion (0.224 acre) of an existing
7.5 foot wide utility easement out of Lexington Industrial Center, crossing a portion of Lots 23
and 30, and Tying 7.5 feet from the west property line of Lot 23, located south of the South Padre
Island Drive (SH 358) state right -of -way; requiring the Owner, Wal -Mart Stores Texas, L.P., to
comply with the specified conditions; and declaring an emergency.
D. Ordinance abandoning and vacating a 5,357.88- square foot portion (0.123 acre) of an existing
5 -foot wide water line easement out of Lexington Industrial Center, crossing a portion of Lots
19, 23, and 30, located south of the South Padre Island Drive (SH 358), state right-of-way;
requiring the Owner of Lot 19, Wal -Mart Real Estate Business Trust and the Owner of Lots 23
and 30, WaI -Mart Stores Texas, L.P., to comply with the specified conditions; and declaring an
emergency.
E. Ordinance abandoning and vacating a 8,276.40- square foot parcel, (0.190 acre), being all of an
existing 10 -foot wide access easement, and a 400 - square foot parcel, being all of an existing 20
X 20 foot wide utility easement, both out of Lexington Industrial Center, crossing a portion of,
and abutting the east property line of Lot 19, located south of the South Padre Island Drive (SH
358) state right -of -way; requiring the Owner, WaI -Mart Real Estate Business Trust, to comply
with the specified conditions; and declaring an emergency.
F. Ordinance abandoning and vacating a 5,357.88- square foot portion (0.123 acre) of an existing
5 -foot wide water line easement out of Lexington Industrial Center, . crossing a portion of Lots
19, 23, and 30, located south of the South Padre Island Drive (SH 358), state right -of -way;
requiring the Owner of Lot 19, Wal -Mart Real Estate Business Trust and the Owner of Lots 23
and 30, Wal -Mart Stores Texas, L.P., to comply with the specified conditions; and declaring an
emergency.
H:1 LEG- DIRISharedlLEGAL- DEV.SVCSti2011 Agenda13- 8- 111Walmart -Flour Bluff13 -2 -11. Agenda Memo.Lexington Industrial Center.DWBFInal.2.doc
—113—
G. Ordinance abandoning and vacating a 958.32- square foot portion (0.022 acre) of an existing 15-
foot wide utility easement out of Lexington Industrial Center, crossing a portion of, and abutting a
portion of the west property line of, Lot 26R, located south of the South Padre Island Drive (SH
358), state right -of -way; requiring the Owner, WaI -Mart Real Estate Business Trust, to comply
with the specified conditions; and declaring an emergency.
H. Ordinance abandoning and vacating a 10,105.92- square foot portion (0.232 acre) of an existing
7.5 -foot wide utility easement out of Lexington Industrial Center, being a portion of Lots 23, 24,
25, 26R and 30 located south of the South Padre Island Drive (SH 358) state right -of -way;
requiring the Owner of Lots 24, 25 and 26R, WaI -Mart Real Estate Business Trust and the
Owner of Lots 23 and 30, Wal -Mart Stores Texas, L.P., to comply with the specified conditions;
and declaring an emergency.
ISSUE: The easement closures are necessary to effectuate the relocation of existing easements in
connection with the development and future construction of a WaI -Mart store over the existing
easement area at Lexington Industrial Center in the Flour Bluff area.
REQUIRED COUNCIL ACTION: City Charter, Article IX. Section 1, requires Council approval to
abandon and vacate any portion of an easement.
IMPLEMENTATION SCHEDULE: Upon approval by Council and issuance of the ordinance, all
grants of easement closure 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 permitting any construction on
the land, an up -to -date survey, abstracted for all easements and items of record, must be submitted
to the Assistant City Manager of Engineering and Development Services. These requirements are
in compliance with the City of Corpus Christi, Code of Ordinances, Sec. 49 -13, as amended and
approved on July 13, 2004, by Ordinance No. 025816.
RECOMMENDATION: Staff recommends approval of all eight (8) ordyhances as presented on an
emergency basis.
Juan Perales, Jr. .E.,
Assistant City Manager
Departments of Engineering & Development Services
Email: JohnnyP @cctexas.com
Telephone: 361- 826 -3828
Attachments:
Exhibit A Background Information
Exhibit B Ordinance Request
Exhibit C Site Location Map
Exhibit D Ordinances with Site Location Map and Easement Abandonment Plat
Exhibit E Re -Plat
Exhibit F Deeds re: Lots 24, 25 and 26R
H:ILEG -DIR \Shared \LEGAL- DEV.SVCS12O11 Agenda13- 8- 111Walmart -Flour Bluffl3 -2 -11. Agenda Memo.Lexington industrial Center.DWBFInal.2.doc
—114—
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND:
Brown & Ortiz, P.C., on behalf of Wal -Mart Stores Texas, L.P. and Wal -Mart Real Estate Business
Trust ( "Owner /Applicants "), is requesting the abandonment and vacation of seven existing utility
easements and one water easement, eight total easements, out of the Lexington Industrial Center.
The easements to be abandoned and vacated are located in a "B -3" Business District. The
easement closures are necessary to effectuate the relocation of existing easements in connection
with the development and future construction of a Wal -Mart store over the existing easement area at
Lexington Industrial Center in the Flour Bluff area.
All public and franchised utilities were contacted regarding this closure request. City Wastewater is
requiring that all City sanitary sewer utilities be relocated at Owner's request. Further, prior to any
sanitary sewer utilities being relocated, Owners must construct a new Lift Station, Force Main, and
sanitary sewer gravity line to provide service to all the adjacent and surrounding properties. None of
the other public or private departments or utility companies had any objection to the closure, but will
seek reimbursement if adjustments to their facilities become necessary. Owners will be responsible
for any and all relocation fees for all public and franchised utilities within the closure request area
and the dedication of appropriate utility easements. Owners will be responsible and required to
dedicate utility easement(s) during the replatting process, if any new public utilities are required prior
to construction of the proposed building.
Staff recommends that since Owners will be dedicating a new utility easement of equal or greater
value than the property released by the City in this easement closure action, in accordance with City
of Corpus Christi, Code of Ordinances, Sec. 49 -12, the requirement of paying fair market value for
the property is waived.
Upon approval by Council and issuance of the ordinance, all grants of easement closure must be
recorded at Owners' expense in the real property Map Records of Nueces County, Texas, in which
the property is located. Prior to permitting any construction on the land, an up -to -date survey,
abstracted for all easements and items of record, must be submitted to the Assistant City Manager
of Engineering and Development Services. These requirements are in compliance with the City of
Corpus Christi, Code of Ordinances, Sec. 49 -13, as amended and approved on July 13, 2004, by
Ordinance No. 025816. The Applicant must also comply with all the specified conditions of the
ordinance within 180 days of Council approval. The owner has been advised of and concurs with the
conditions of the easement abandonment and vacation.
Subsequent to the completion of the Metes and Bounds description and accompanying maps,
ownership of Lots 24, 25 and 26R was transferred by Special Warranty Deed to Wal -Mart Real
Estate Business Trust. The Deeds are attached as Exhibit F 1 thru 3.
EXHIBIT A
H:1 LEG- DIRIShared \LEGAL- DEV.SVCS12011 Agenda13- 8- 111Walmart -Flour Bluffl3 -1 -11 BckgrdlnfoLexington
Industrial Center.FrWillie.Rediine.doc
FROM: Juan Perales,Jr., Asst. City Manager
Engineering and Development Services
DATE: March 1, 2011
TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI:
ORDINANCE REQUEST
DATE RECOMMENDED FOR COUNCIL ACTION: March 8, 2011
ORDINANCE CAPTION:
A. Ordinance abandoning and vacating a 10,541.52- square foot portion (0.242 acre) of an existing 15-
foot wide utility easement out of Lexington Industrial Center, crossing a portion of Lots 23 and 30,
located south of the South Padre Island Drive (SH 358), state right -of -way; requiring the Owner, Wel-
Mari Stores Texas, L.P., to comply with the specified conditions; and declaring an emergency.
B. Ordinance abandoning and vacating a 10,715.76- square foot portion (0.246 acre) of an existing 10-
foot wide utility easement out of Lexington Industrial Center, crossing a portion of Lots 19, 23, and 30,
located south of the South Padre Island Drive (SH 358), state right -of -way; requiring the Owner of Lot
19, Wal -Mart Real Estate Business Trust and the Owner of Lots 23 and 30, WaI -Mart Stores Texas,
L.P., to comply with the specified conditions; and declaring an emergency.
C. Ordinance abandoning and vacating a 9,757.44 - square foot portion (0.224 acre) of an existing 7.5 foot
wide utility easement out of Lexington Industrial Center, crossing a portion of Lots 23 and 30, and lying
7.5 feet from the west property line of Lot 23, located south of the South Padre Island Drive (SH 358)
state right -of -way; requiring the Owner, Wal -Mart Stores Texas, L.P., to comply with the specified
conditions; and declaring an emergency.
D. Ordinance abandoning and vacating a 5,357.88- square foot portion (0.123 acre) of an existing 5 -foot
wide water line easement out of Lexington Industrial Center, crossing a portion of Lots 19, 23, and 30,
located south of the South Padre Island Drive (SH 358), state right -of -way; requiring the Owner of Lot
19, Wal -Mart Real Estate Business Trust and the Owner of Lots 23 and 30, Wal -Mart Stores Texas,
L.P., to comply with the specified conditions; and declaring an emergency.
E. Ordinance abandoning and vacating a 8,276.40- square foot parcel, (0.190 acre), being all of an
existing 10 -foot wide access easement, and a 400- square foot parcel, being all of an existing 20 X 20
foot wide utility easement, both out of Lexington Industrial Center, crossing a portion of, and abutting
the east property line of Lot 19, located south of the South Padre Island Drive (SH 358) state right -of-
way; requiring the Owner, Wal -Mart Real Estate Business Trust, to comply with the specified
conditions; and declaring an emergency.
F. Ordinance abandoning and vacating a 5,357.88- square foot portion (0.123 acre) of an existing 5 -foot
wide water line easement out of Lexington Industrial Center, crossing a portion of Lots 19, 23, and 30,
located south of the South Padre Island Drive (SH 358), state right -of -way; requiring the Owner of Lot
19, Wal -Mart Real Estate Business Trust and the Owner of Lots 23 and 30, Wal -Mart Stores Texas,
L.P., to comply with the specified conditions; and declaring an emergency..
G. Ordinance abandoning and vacating a 958.32 - square foot portion (0.022 acre) of an existing 15 -foot
wide utility easement out of Lexington Industrial Center, crossing a portion of, and abutting a portion of
the west property line of, Lot 26R, located south of the South Padre Island Drive (SH 358), state right -
of -way; requiring the Owner, Wal -Mart Real Estate Business Trust, to comply with the specified
conditions; and declaring an emergency.
H. Ordinance abandoning and vacating a 10,105.92- square foot portion (0.232 acre) of an existing 7.5-
foot wide utility easement out of Lexington Industrial Center, being a portion of Lots 23, 24, 25, 26R
H:1 LEG- DIRIShared\LEGAL- DEV.SVCS12011 Agenda13- 8- 111Walmart -Flour Bluffl3 -2 -1 IRgst. &ConditionsLexington Industrial
Center.DWBFinal.2.doc -116 -
and 30 located south of the South Padre Island Drive (SH 358) state right -of -way; requiring the Owner
of Lots 24, 25 and 26R, WaI -Mart Real Estate Business Trust and the Owner of Lots 23 and 30, Wal-
Mart Stores Texas, L.P., to comply with the specified conditions; and declaring an emergency.
OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE:
Plats for Lots 23, 24, 25 and and 30 are recorded in Volume 37, at Page 9;
Plat for Lot 19 is recorded in Volume 60, at Page 58; and
Plat for Lot 26R is recorded in Volume 64 „at Page 9, all of the Map Records of Nueces County, Texas.
SPECIFIED CONDITIONS AS PART OF CLOSURE:
1) Since Owners will be dedicating a new utility easement of equal or greater value than the
property released by the City in this easement closure action, in accordance with City of
Corpus Christi, Code of Ordinance Sec. 49 -12, the requirement of paying fair market value for
the property is waived.
2) City Wastewater requires that all City sanitary sewer utilities be relocated at Owners' request.
Further, prior to any sanitary sewer utilities being relocated, Owners must construct a new Lift
Station, Force Main, and sanitary sewer gravity line to provide service to all adjacent and
surrounding properties.
3) Owners are responsible for any and all utility relocation and relocation fees for all public and
franchised utilities within the closure request area and the dedication of any appropriate utility
easements that are required.
4) Owners are responsible and required to dedicate utility easement(s) during the replatting
process, if any new public utilities are required prior to construction of the proposed building.
5) Owners must comply with all the specified conditions of the ordinance within 180 days of
Council approval.
6) Upon approval by Council and issuance of the ordinance, all grants of easement closure must
be recorded at Owners' expense in the real property Map Records of Nueces County, Texas,
in which the property is located. Prior to permitting any construction on the land, an up -to -date
survey, abstracted for all easements and items of record, must be submitted to the Assistant
City Manager of Engineering and Development Services. These requirements are in
compliance with the City of Corpus Christi, Code of Ordinance Sec. 49 -13, as amended and
approved on July 13, 2004, by Ordinance No. 025816.
REQU STED BY: /
41,t . V
Juan Perales, Jr., Asst. City Manager
Engineering and Development Services
DATE:
Approved:
EXHIBIT B
H:1 LEG- DIR \Shared\LEGAL- DEV.SVCS12011 Agenda13- 8- 11 \Walmart-Flour Bluffl3- 2- 11Rdst. &ConditionsLexington Industrial
Center.DViBFinal.2.doc —117 —
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3
JOHNSON & PACE INCORPORATED
ENGINEERING • ARCHITECTURE* SURVEYING
1201 NW LOOP 281, L81, LONGVIEW, TEXAS 75604
(903)753-0663 FAX (903)753-8803
Y, website: www. johnsonpoce.com
VOB NO: 2154-015 FILO BOOK: N/A DATE: FEBRUARY 14, 2011
VICINITY MAP
EASEMENT ABANDONMENT PLAT
VARIOUS EASEMENTS CROSSING LOT 19, LEXINGTON
CENTER, VOL 60, PG 58, NCMR AND LOT 23 THRU 26
LEXINGTON INDUSTRIAL CENTER, VOL 37, PG 9,
EXHIBIT
INDUSTRIAL
AND LOT 30,
NCMR
Agenda Memo Exhibit D
Eight Easement Abandonment Ordinances with
Site Map and
Individual Easement Abandonment Plat Maps
As Exhibits
ORDINANCE
ABANDONING AND VACATING A 10,541.52 - SQUARE FOOT
PORTION (0.242 ACRE) OF AN EXISTING 15 -FOOT WIDE UTILITY
EASEMENT OUT OF LEXINGTON INDUSTRIAL CENTER, CROSSING
A PORTION OF LOTS 23 AND 30, LOCATED SOUTH OF THE SOUTH
PADRE ISLAND DRIVE (SH 358) STATE RIGHT -OF -WAY; REQUIRING
THE OWNER, WAL -MART STORES TEXAS, L.P., TO COMPLY WITH
THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY
WHEREAS, WaI -Mart Stores Texas, L.P. is requesting the abandonment and vacation
of a 10,541.52 - square foot portion (0.242 Acre) of an existing 15 -foot wide utility
easement out of Lexington Industrial Center, crossing a portion of Lots 23 and 30,
located south of the South Padre Island Drive (SH 358) state right -of -way, in order to
relocate existing easements in connection with the development and future construction
of a WaI -Mart store over the existing easement area at Lexington Industrial Center. The
easement to be abandoned and vacated is located in a B -3 Business District; and
WHEREAS, with proper notice to the public, public hearing was held on Tuesday,
March 8, 2011, during a meeting of the City Council, in the Council Chambers, at City
Hall, in the City of Corpus Christi, during which all interested persons were allowed to
appear and be heard; and
WHEREAS, it has been determined that it is feasible and advantageous to the City of
Corpus Christi to abandon and vacate said portion of the utility easement, subject to the
provisions below. (Exhibit A - Easement Abandonment Plat, Exhibit B- Site Map)
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. A 10,541.52 - square foot portion (0.242 Acre) of an existing 15 -foot wide
utility easement out of Lexington Industrial Center, crossing a portion of Lots 23 & 30,
as recorded in Volume 37, Page 9 of the Map Records of Nueces County, Texas, is
abandoned and vacated, subject to Owner's compliance with the conditions specified in
Section 2. below.
SECTION 2. The abandonment and vacation of the above utility easement is
conditioned upon Owner's compliance with the following:
1) Since Owner will be dedicating a new utility easement of equal or greater
value than the property released by the City in this easement closure action,
in accordance with City of Corpus Christi, Code of Ordinance Sec. 49 -12, the
requirement of paying fair market value for the property is waived.
2) City Wastewater requires that all City sanitary sewer utilities be relocated at
Owner's (Wal -Mart Stores Texas, L.P.) request. Further, prior to any sanitary
sewer utilities being relocated, Owner must construct a new Lift Station, Force
H:I LEG- DIR \Shared\LEGAL-DEV.SVCS12011 Agenda13- 8- 111Walmart -Flour BlufPPA.3 -I-
11 ORD.A& VEsmt.(0.242Ac.).DWB.Final.docx
-120-
Main, and sanitary sewer gravity line to provide service to all adjacent and
surrounding properties.
3) Owner is responsible for any and all utility relocation and relocation fees for
all public and franchised utilities within the closure request area and the
dedication of any appropriate utility easements that are required.
4) Owner is responsible and required to dedicate utility easement(s) during the
replatting process, if any new public utilities are required prior to construction
of the proposed building.
5) Owner must comply with all the specified conditions of the ordinance within
180 days of Council approval.
6) Upon approval by Council and issuance of the ordinance, all grants of
easement closure 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 permitting of any construction on the land, an up -to -date survey,
abstracted for all easements and items of record, must be submitted to the
Assistant City Manager of Engineering and Development Services. These
requirements are in compliance with the City of Corpus Christi, Code of
Ordinance Sec. 49 -13, as amended and approved on July 13, 2004, by
Ordinance No. 025816.
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 day of , 2011.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa Joe Adame
Mayor, City of Corpus Christi
City Secretary
APPROVED as to FORM this 1st day of March, 2011.
Deborah Walther Br
Assistant City Attor
For City Attorney
H:1 LEG- DIR \Shared\LEGAL- DEV.SVCS12011 Agenda13- 8- 111Walmart Flour B1ufi1A.3 -1-
11 ORD. A& VEsmt.(0.242Ac.).DWB.Final.docx
—121—
Corpus Christi, Texas
Day of , 2011
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
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla G. Leal
John E. Marez
Nelda Martinez
Mark Scott
Linda Strong
H:I LEG- DIR \Shared\LEGAL- DEV.SVCS12011 Agenda13- 8- 1I \Walmart -Flour Bluft1A.3 -1-
11 ORD.A&VEsmt.(0.242Ac. ).D W B.Final.docx
—122—
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SPO. IS ARIES)
Spli�� (WIO 00100 „o5.
6.286 ACRES
LOT 19
(CALLED 8.289 ACRES)
LEXINGTON AIOUSIRMI. CENTER
VOL 8O, PG 58, NOIR,
L ANDERSON PROPERTIES, UNC,
VIAL -WART REAL ESTATE BUSINESS
TRUST
DOC 12010038654, NCOPR
EXHIBIT 'A"
M 6127$r N
LOT 24
LOT 25
LOT 23
0142 Ap1E
15' MOT EASNmNr
NOL 165; P 141 ICOR
1073.32'
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LOT2rA 5.
LOT 261?
LOT 30
15.366 ACRES
(Lor 2.3 & LOT 3D)
TEWET PROPERTIES, LTD. 1
WAL-WART STORES TEXAS, LP
DOC 12006041816. NCOPR
/ //ii'/// /r//r/ /////7/
1777 ACRES (CALLED 3.812 ACRES)
ROBERT c xeu5.RSON. DIST DIR. NM TO:
GENE ALLEN, ,EANES R. MICRON AND ROGER D. RAPE
VOL 2166. PG 869, NOIR
P.O.C. R PONT OF COMMENCING
P.O.R = POINT OF BEGINNING
JOHNSON de PACE INCORPORATED
ENGINEERING • ARCHI7EC1URE• SURVEYING
1201 NW LOOP 281, L81, LONOVWEW.7EXAS 75604
(903)753-0663 FAX (90.3)753-8803
website: www.johnsonpoce.com
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IN._ 5565
SUMO
1. BEARINGS AND COORDINATES ARE BASED UPON WE TERAS
CO NNATE SYSTEM OF 1983 (NAn83) SOWN ZONE. AND
REFERENCED TO NOS STATIONS:
"MR / LAREDD RRP2 cosRARP (PID DF43817 Ar ORM n
'rxPR / PHAIIR RRP2 CORS ARP (PID DF4363)' AT !WAR ix
''/WCC / CORPUS CHRISTI R2 CORS ARP (RIO DF43777 Ar
CORPUS ORBIT DX.
2. DISTANCES SHOWN ARE GRID DISW10E& TO CONVERT 70
SUIIFACE DISTANCES DIVIDE GR10 =APICES 8Y THE SCALE
FACIDIt 5.91999760.
.3. ELE161MTONS ARE BASED UPON 1114w 88' AND REFERENCED TO
SAME NGS STATIONS.
4. -6 -INDICATES A 5/B' IRON R00 FOUND. UNLESS SHOWN OTNERYNSE.
0 100' 200'
400'
1 =200'
EASEMENT ABANDONMENT PLAT
0.242 ACRE 15' UTILITY EASEMENT CROSSING LOT 23 & 30,
LEXINGTON INDUSTRIAL CENTER, VOL 37, PG 9, NCMR
NUECES COUNTY, TEXAS
JOHNSON & PACE INCORPORATED
ENGINEERING s ARCHITECTURE. SURVEYING
1201 NW LOOP 281, LBI, LONGVIEWTEXAS 75604
(903)753-0663 FAX (903)753-8803
website: www. johnsonpace com
JOB NO: 2154-015 FIELD BOOK: N/A DATE: FEBRUARY 14, 2011
VICINITY MAP
EASEMENT ABANDONMENT PLAT
VARIOUS EASEMENTS CROSSING LOT 19, LEXINGTON
CENTER, VOL 60, PG 58, NCMR AND LOT 23 THRU 26
LEXINGTON INDUSTRIAL CENTER, VOL 37, PG 9,
EXHIBIT'
INDUSTRIAL
AND LOT 30,
NCMR
►►13 11
ORDINANCE
ABANDONING AND VACATING A 10,715.76- SQUARE FOOT PORTION
(0.246 ACRE) OF AN EXISTING 10 -FOOT WIDE UTILITY EASEMENT OUT OF
LEXINGTON INDUSTRIAL CENTER, CROSSING A PORTION OF LOTS 19,
23, AND 30, LOCATED SOUTH OF THE SOUTH PADRE ISLAND DRIVE (SH
358), STATE RIGHT -OF -WAY; REQUIRING THE OWNER OF LOT 19, WAL-
MART REAL ESTATE BUSINESS TRUST AND THE OWNER OF LOTS 23
AND 30, WAL -MART STORES TEXAS, L.P., TO COMPLY WITH THE
SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY.
WHEREAS, Wal -Mart Real Estate Business Trust and Wal -Mart Stores Texas, L.P.
(Owners), are requesting the abandonment and vacation of a 10,715.76- square foot
portion (0.246 Acre) of an existing 10 foot wide utility easement out of Lexington
Industrial Center, crossing a portion of Lots 19, 23 and 30, located south of the South
Padre Island Drive (SH 358), state right -of -way, in order to relocate existing easements
in connection with the development and future construction of a Wal -Mart store over the
existing easement area at Lexington Industrial Center. The easement to be abandoned
and vacated is located in a B -3 Business District; and
WHEREAS, with proper notice to the public, public hearing was held on Tuesday,
March 8, 2011, during a meeting of the City Council, in the Council Chambers, at City
Hall, in the City of Corpus Christi, during which all interested persons were allowed to
appear and be heard; and
WHEREAS, it has been determined that it is feasible and advantageous to the City of
Corpus Christi to abandon and vacate said portion of the utility easement, subject to the
provisions below. (Exhibit A — Easement Abandonment Plat, Exhibit B- Site Map)
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. A 10,715.76- square foot portion (0.246 Acre) of an existing 10 -foot wide
utility easement out of Lexington Industrial Center, crossing a portion of Lot 19, as
recorded in Volume 60, Page 58 of the Map Records of Nueces County, Texas, and
crossing a portion of Lots 23 & 30, as recorded in Volume 37, Page 9 of the Map
Records of Nueces County, Texas, is abandoned and vacated, subject to the,Owners'
compliance with the conditions specified in Section 2. below.
SECTION 2. The abandonment and vacation of the above utility easement is
conditioned upon Owners' compliance with the following:
1) Since Owners will be dedicating a new utility easement of equal or greater
value than the property released by the City in this easement closure action,
in accordance with City of Corpus Christi, Code of Ordinance Sec. 49 -12, the
requirement of paying fair market value for the property is waived.
H: ILEG- DIR\Shared\LEGAL- DEV.SVCS12011 Agenda13- 8- 1 11Walmart -Flour Bluff\B.3 -1-
11 ORD. A &VEsmt.(0.246Ac.)DWB.FinaLdocx
—1 2 5—
2) City Wastewater requires that all City sanitary sewer utilities be relocated at
Owners' request. Further, prior to any sanitary sewer utilities being relocated,
Owners must construct a new Lift Station, Force Main, and sanitary sewer
gravity line to provide service to all adjacent and surrounding properties.
3) Owners are responsible for any and all utility relocation and relocation fees for
all public and franchised utilities within the closure request area and the
dedication of any appropriate utility easements that are required.
4) Owners are responsible and required to dedicate utility easement(s) during
the replatting process, if any new public utilities are required prior to
construction of the proposed building.
5) Owners must comply with all the specified conditions of the ordinance within
180 days of Council approval.
6) Upon approval by Council and issuance of the ordinance, all grants of
easement closure must be recorded at Owners expense in the real property
Map Records of Nueces County, Texas, in which the property is located.
Prior to the permitting of any construction on the land, an up -to -date survey,
abstracted for all easements and items of record, must be submitted to the
Assistant City Manager of Engineering and Development Services. These
requirements are in compliance with the City of Corpus Christi, Code of
Ordinance Sec. 49 -13, as amended and approved on July 13, 2004, by
Ordinance No. 025816.
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 day of , 2011.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa Joe Adame
City Secretary Mayor, City of Corpus Christi
APPROVED as to FORM this 1St day of March, 2011.
d ° ^w ,0
0rah Walther Bro stant City Attorney
For City Attorney
H:1 LEG- DiR \Shared\LEGAL- DEV.SVCS12011 Agenda13- 8- 111Waimart -Flour Blu .3 -1-
11 ORD.A& VEsmt. (0.246Ac. )D WB.Final.docx
—126—
Corpus Christi, Texas
Day of , 2011
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: llwe, 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
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla G. Leal
John E. Marez
Nelda Martinez
Mark Scott
Linda Strong
H:1 LEG -DIR \ Shared \LEGAL- DEV.SVCS12011 Agenda13- 8- 111Walmart-Flour Bluti1B.3 -1-
11 ORD. A &VEsmt.(0.246Ac.)DWB.Final.docx
—127—
Lc on.
East
tiRce
z4
pu14-1 PADRE 10TM VARIES}
irogrAGE Rom
6.286 ACRES
LOT 19
LEXINGTON INDUSTRIAD 8.289 L CENTER
VOL 60, PG 58, NCMR,
L ANDERSON PROPERTIES, INC.
70
WAL-MART REAL ESTATE BUSINESS
TRUST
DOC ,#2010038654, NCR
4246 AcRE
10' UE WL 60 PO 3'E Nant —
37a72'
LOT 24
5 612751" E 107135
LOT 23
70125
OG1°141' INCL
rwe S1
LOY �' 'SPG 216 PICK
LOT 2641
LOT 30
10.366 ACRES
(LOT 23 & LOT .30)
TENET PROPERTIES, LTD, Tor
WAL-APART STORES TEXAS LP,
DOC 12006041816, NCOPR
N 2032'38" E,
1400'
EXHIBIT "A"
370.12'
e
N 612751' I1' W77C32'
3777 ACRES (CALLED .1812 ACRES)
RD&ERT 0. IIILKERSWL DIST DIR. AR5. TO:
GENE ALUM, JANES R. CAMERON AND ROCER 0. RAPE
VOL 2x66, PG 869, NCDR
P.D.C. = POINT OF COMMENCING
P.o.19 = POINT OF BEGINNING
JOHNSON & PACE INCORPORATED
ENQVING • ARCIIIITECTURE• SURVEYING
1201 NW LOOP 281, L81, LONGWEW7EXAS 75604
(903)753-0663 FAX (903)753-8803
Website: www.johnsonpace.com
7025
0246 AWE
10' 115 YR 60. PC 51 NOM
FLOUR BLUFF DRIVE
s 2r33'1T r
1405
1. BEARINGS AND COORDINATES ARE 8A5ED UPON THE TEXAS
COORDINATE SYSTEM OF 1983 (M4083). SOUTH 20M ANO
REFERENCED TO NOS STATIONS:
'DU / LAREDO RRP2 CORS ARP (P10 OF4381f AT LAREDO TX,
7XPR / PILAIRR RRP2 COOS ARP (PID DF4383)" AT PHARR TX,
71fCC / CORPUS OMNI R2 CORS ARP (PLD OF4J77)' AT
CORPUS CHRI571 TN:
2. DLSTANCES SHOWN ARE GRID DISTANCES. 70 CONVER' 7O
SURFACE Db7ANCE5 DMDE GRID DISTANCES BY THE SCALE
FACTOR: 0.9999760.
3. ELEVATIONS ARE BASED UPON 'NAND 88' AND REFERENCED TO
SANE NGS STAMPS.
4. --910154155 A 5/8' IRON RDD FOUND, UNLESS SHOWN OTHERN75E
0 100' 200'
400'
1 "=200'
EASEMENT ABANDONMENT PLAT
0.246 ACRE 101 UTILITY EASEMENT CROSSING LOT 19, LEXINGTON
INDUSTRIAL CENTER, VOL 60, PG 58, NCMR AND LOT 23 & 30,
LEXINGTON INDUSTRIAL CENTER, VOL 37, PG 9, NCMR
pS)'AA' .zi &1I tritrt>iai14FscFnnrrw� FFRRUA % ?ATN . NUEC� CN`NT e
7�RAp�'AENS Si9iCclfSll 7141 eroc yiFA1CN7 A11ANiX1MMFNT 7.74.91117 ,I1Y1T. S 14 yA, iSAL+Pd111 ilA piM71 rypij �,`�
N
co
JOHNSON & PACE INCORPORATED
ENGINEERING • ARCHITECTURE• SURVEYING
1201 NW LOOP 281, L81, LONGViEW, TEXAS 75604
(903)753-0663 FAX (903)753-8603
website: www johnsonpace.carn
.10B NO: 2154-015 FIELD BOOK N/A DATE: FEBRUARY 14, 2011
VICINITY MAP EXHIBIT
EASEMENT ABANDONMENT PLAT
VARIOUS EASEMENTS CROSSING LOT 19, LEXINGTON INDUSTRIAL
CENTER, VOL 60, PG 58, NCMR AND LOT 23 THRU 26 AND LOT 30,
LEXINGTON INDUSTRIAL CENTER, VOL 37, PG 9, NCMR
►►7711
ORDINANCE
ORDINANCE ABANDONING AND VACATING A 9,757.44- SQUARE FOOT
PORTION (0.224 ACRE) OF AN EXISTING 7.5 FOOT WIDE UTILITY
EASEMENT OUT OF LEXINGTON INDUSTRIAL CENTER, CROSSING A
PORTION OF LOTS 23 AND 30, AND LYING 7.5 FEET FROM THE WEST
PROPERTY LINE OF LOT 23, LOCATED SOUTH OF THE SOUTH PADRE
ISLAND DRIVE (SH 358) STATE RIGHT -OF -WAY; REQUIRING THE OWNER,
WAL -MART STORES TEXAS, L.P., TO COMPLY WITH THE SPECIFIED
CONDITIONS; AND DECLARING AN EMERGENCY.
WHEREAS, WaI -Mart Stores Texas, L.P. is requesting the abandonment and vacation
of a 9,757.44 - square foot portion (0.224 Acre) of an existing 7.5 foot wide utility
easement out of Lexington Industrial Center, crossing a portion of Lots 23 and 30, and
lying 7.5 feet from the west property line of Lot 23, located south of the South Padre
Island Drive (SH 358) state right-of-way, in order to relocate existing easements in
connection with the development and future construction of a Wal -Mart store over the
existing easement area at Lexington Industrial Center. The easement to be abandoned
and vacated is located in a B -3 Business District; and
WHEREAS, with proper notice to the public, public hearing was held on Tuesday,
March 8, 2011, during a meeting of the City Council, in the Council Chambers, at City
Hall, in the City of Corpus Christi, during which all interested persons were allowed to
appear and be heard; and
WHEREAS, it has been determined that it is feasible and advantageous to the City of
Corpus Christi to abandon and vacate said portion of the utility easement, subject to the
provisions below. (Exhibit A - Easement Abandonment Plat, Exhibit B- Site Map)
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. A 9,757.44 - square foot portion (0.224 Acre) of an existing 7.5 foot wide
utility easement out of Lexington Industrial Center, crossing a portion of Lots 23 & 30,
as recorded in Volume 37, Page 9 of the Map Records of Nueces County, Texas, and
lying' 7.5 feet from the west property line of Lot 23, is abandoned and vacated, subject
to Owner's compliance with the conditions specified in Section 2. below.
SECTION 2. The abandonment and vacation of the above utility easement is
conditioned upon Owner's compliance with the following:
1) Since Owner will be dedicating a new utility easement of equal or greater
value than the property released by the City in this easement closure action,
in accordance with City of Corpus Christi, Code of Ordinance Sec. 49 -12, the
requirement of paying fair market value for the property is waived.
2) City Wastewater requires that all City sanitary sewer utilities be relocated at
Owner's request. Further, prior to any sanitary sewer utilities being relocated,
H :1 LEG- DIRIShared\LEGAL- DEV.SVCS12011 Agenda13 -8 -1 I1Walmart -Flour B1uffIC.3 -1-
1 I ORD.A&VEsmt.(0.224Acre).D WBFinaLdocx
-130-
Owner must construct a new Lift Station, Force Main, and sanitary sewer
gravity line to provide service to all adjacent and surrounding properties.
3) Owner is responsible for any and all utility relocation and relocation fees for
all public and franchised utilities within the closure request area and the
dedication of any appropriate utility easements that are required.
4) Owner is responsible and required to dedicate utility easement(s) during the
replatting process, if any new public utilities are required prior to construction
of the proposed building.
5) Owner must comply with all the specified conditions of the ordinance within
180 days of Council approval.
6) Upon approval by Council and issuance of the ordinance, all grants of
easement closure 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 permitting of any construction on the land, an up -to -date survey,
abstracted for all easements and items of record, must be submitted to the
Assistant City Manager of Engineering and Development Services. These
requirements are in compliance with the City of Corpus Christi, Code of
Ordinance Sec. 49 -13, as amended and approved on July 13, 2004, by
Ordinance No. 025816.
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 day of , 2011.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa Joe Adame
Mayor, City of Corpus Christi
City Secretary
APPROVED as to FORM this 1st day of March, 2011.
eborah Walther Br
Assistant City Attorney
For City Attorney
H:1 LEG- DIR\Shared\LEGAL- DEV.SVCS12011 Agenda \3 -8 -I 11Walmart -Flour BluftlC.3 -1-
I 1 ORD.A&VEsmt.(0.224Acre).D WBFinal.docx
—131—
Corpus Christi, Texas
Day of , 2011
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
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla G. Leal
John E. Marez
Nelda Martinez
Mark Scott
Linda Strong
H:I LEG- DIR \SharedhLEGAL- DEV.SVCS12011 Agenda13- 8- 111Walmart -Flour BIuB1C.3 -1-
11 ORD.A&VEsmt.(0.224Acre).DW BFinal.docx
—132—
SOUTH DRIVE (Via0)•
�W►0
PADRE 19,010
VARIES)
„
w
W
6.285 ACRES
LOT 19
(CAuJ.ED 8.269 ACRES)
LEXINGTON INOUSTRDAL CENTER
VOL 60, PG 5B, NSM.
L ANDERSON PR0PER1TES INC,
TO
WAL-MART REAL ESTATE BUSINESS
TRUST
DOC j2070038554. NCOPR
EXHIBIT "A"
640
LOT 24
LOT 25!
S snowy,
775,
JOG
Fesipooio39uggiAL WO
LOT R G 216, MOM
VOL 04,
47.59'
offor
6224 ACNE
7.500E
2004021756 NEER
i N II77'5I"
PAIL
PAG 5 sI7737` E
7.5'
LOT 23
11 7526'115 w
47.55•
LOT 25R
LOT JO
10385 ACRES
(L0r 23 & L0T 30)
TENET PROPERTIES, LTD, TO:
WAL-MART STORES TEXAS. LP,
DOC 12008041816, NCOPR
5 253373' N[
7.735
s 2a9r P sears'
3.777 ACRES (CALLED 1812 ACRES)
R0BERT C. IIILKEASON, DIST M. 1175, TO:
GENE ALLEN. JAMES R. CAMERON AND' ROGER D. RAPE
VOL 2166. PG 869. NCDOR
P.O.C. = POINT OF COMMENCING
P.0.8. = POINT OF BEGINNING
JOHNSON it PACE INCORPORATED
ENGINEERING • ARCHITECTURE* SURVEI7NG
1201 NW LOOP 281, L81, LONGVIEW, TEXAS 75604
(903)753-0663 FAX (903)753-8803
q� �(I�t��q website: www.johnsonpace.com
f aAlaii*;I(-mKrNnnFllT RntRK•_N/A 710'1'77 A [qui bl tmrce.r
0 100' 200'
400'
FLOUR BLUFF DRIVE
LOT 24
LEXINGTON INDUSTRIAL CEAN1ER
vol. 37, PG 9, NCMR
MAR1JN R. FRET, ET UX TO CECIL R.
PA1'NE. 3[., Er UX, DOC
/1998005406, NCOPR
LOT 25
LEXINGT0N INDUSTRIAL CENTER
VOL 37, PG 9, NCMR
FLATO BR0THERS INCORPORATED
TO MARTIN R. FREY, ET UIC VEL
1424, PG 282. NCDR
LOT 26R
LEONG= INDUSTRIAL CENTER VOL 37, PG 9, NCMR
&MGA00R INC. TO
FIRST NATIONAL BANK,
DOCUMENT 12001039321 NCOPR
BEM
1. BEARINGS AND COORDINATES ARE USED UPON 186 TEXAS
COORDINATE SYSTEM 01' 1983 (NADBS), SOUTH TONE, ANO
REFERENCED TO NCS STATION$:
"7XLR / TAREDO RRP2 CARS ARP (P!0 DF4381)" AT [AREDO TX,
7XPR / PNARR RRP2 CORS ARP (PID DAM)" AT PHARR DL
"TXCc / CORPUS CHRISTI R2 CORS ARP (PID 0F4377)" AT
CORPUS CMS° 17L
2. DISTANCES SHOWN ARE 0810 DISTANCES. 10 CONVERT TO
SURFACE DISTANCES DIVIDE GRID DISTANCES 8Y THE SCALE
FACTOR: 0.9999760.
3. ELUSIONS ARE BASED UPON "MVD 88' A110 REFERENCED TO
SAME ARS STATIONS.
4.-6-NDICATES A 5/8' IRON ROD FOUND. UNLESS SHOWN OTIERWISE
EASEMENT ABANDONMENT PLAT
0.224 ACRE UTILITY EASEMENT CROSSING LOTS 23 & 30, LEXINGTON
INDUSTRIAL CENTER, VOL 37, PG 9, NCMR
51 7?AACRF FASFMCNTARANfIINMFNT 7.14.76ILA li=ilIdv SOIIT 6MS
0
UnIFSiisyVLl
%4
JOHNSON & PACE INCORPORATED
ENGINEERING • ARCHITECTURE• SURVEYING
1201 NW LOOP 281, L81, LONGVIEW, TEXAS 75604
(903)753--0663 FAX (903)753-8803
website: www.johnsonpoce.com
&JOB NO:2154-015 FEELD 800K: N/A DATE: FEBRUARY 14, 2011
t,Q
e2 .
VICINITY MAP EXHIBIT
EASEMENT ABANDONMENT PLAT
VARIOUS EASEMENTS CROSSING LOT 19, LEXINGTON INDUSTRIAL
CENTER, VOL 60, PG 58, NCMR AND LOT 23 THRU 26 AND LOT 30,
LEXINGTON INDUSTRIAL CENTER, VOL 37, PG 9, NCMR
11311
ORDINANCE
ORDINANCE ABANDONING AND VACATING 6,098.40- SQUARE FEET (0.140
ACRE), BEING ALL OF AN EXISTING 7.5 -FOOT WIDE UTILITY EASEMENT OUT
OF LEXINGTON INDUSTRIAL CENTER, CROSSING A PORTION OF, AND
ABUTTING THE WEST PROPERTY LINE OF, LOT 23, LOCATED SOUTH OF
THE SOUTH PADRE ISLAND DRIVE (SH 358), STATE RIGHT -OF -WAY;
REQUIRING THE OWNER, WAL -MART STORES TEXAS., L.P., TO COMPLY
WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY.
WHEREAS, Wal -Mart Stores Texas, L.P. (Owner), is requesting the abandonment and
vacation of a 6,098.40- square feet (0.140 Acre), being all of an existing 7.5 -foot wide
utility easement out of Lexington Industrial Center, crossing a portion of, and abutting
the west property line of, Lot 23, located south of the South Padre Island Drive (SH 358)
state right -of -way, in order to relocate existing easements in connection with the
development and future construction of a Wal -Mart store over the existing easement
area at Lexington Industrial Center. The easement to be abandoned and vacated is
located in a B -3 Business District; and
WHEREAS, with proper notice to the public, public hearing was held on Tuesday,
March 8, 2011, during a meeting of the City Council, in the Council Chambers, at City
Hall, in the City of Corpus Christi, during which all interested persons were allowed to
appear and be heard; and
WHEREAS, it has been determined that it is feasible and advantageous to the City of
Corpus Christi to abandon and vacate said portion of the utility easement, subject to the
provisions below. (Exhibit A Easement Abandonment Plat, Exhibit B- Site Map)
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. 6,098.40- square feet (0.140 Acre), being all of an existing 7.5 -foot wide
utility easement out of Lexington Industrial Center, crossing a portion of, and abutting
the west property line of, Lot 23, as recorded in Volume 37, Page 9 of the Map Records
of Nueces County, Texas, is abandoned and vacated, subject to Owner's compliance
with the conditions specified in Section 2. below.
SECTION 2. The abandonment and vacation of the above utility easement is
conditioned upon Owner's compliance with the following:
1) Since Owner will be dedicating a new utility easement of equal or greater
value than the property released by the City in this easement closure action,
in accordance with City of Corpus Christi, Code of Ordinance Sec. 49 -12, the
requirement of paying fair market value for the property is waived.
2) City Wastewater requires that all City sanitary sewer utilities be relocated at
Owner's (Wal -Mart Stores Texas, L.P.) request. Further, prior to any sanitary
sewer utilities being relocated, Owner must construct a new Lift Station, Force
H;1 LEG- DIRIShared \LEGAL- DEV.SVCS12011 Agenda13- 8- 111Walmart -Flour B1ufi1D.3- 1- 11ORD. A &V Esmt.(O.140Acre)
.DWB.Final.docx
—135—
Main, and sanitary sewer gravity line to provide service to all adjacent and
surrounding properties.
3) Owner is responsible for any and all utility relocation and relocation fees for
all public and franchised utilities within the closure request area and the
dedication of any appropriate utility easements that are required.
4) Owner is responsible and required to dedicate utility easement(s) during the
replatting process, if any new public utilities are required prior to construction
of the proposed building.
5) Owner must comply with all the specified conditions of the ordinance within
180 days of Council approval.
6) Upon approval by Council and issuance of the ordinance, all grants of
easement closure 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 permitting of any construction on the land, an up -to -date survey,
abstracted for all easements and items of record, must be submitted to the
Assistant City Manager of Engineering and Development Services. These
requirements are in compliance with the City of Corpus Christi, Code of
Ordinance Sec. 49 -13, as amended and approved on July 13, 2004, by
Ordinance No. 025816.
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 day of , 2011.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa Joe Adame
City Secretary Mayor, City of Corpus Christi
APPROVED as to FORM this 1st day of March, 2011.
eborah Walther
Assistant City Attorney
For City Attorney
H:I LEG- DIRISharedILEGAL- DEV.SVCS126I1 Agenda13- 8- 111Walmart -Flour Bluff1D.3 -1 -1 LORD. A &V Esmt.(0.140Aore)
.DWB.Final.docx
-136-
Corpus Christi, Texas
Day of , 2011
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
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla G. Leal
John E. Marez
Nelda Martinez
Mark Scott
Linda Strong
H:1 LEG- DIRIShared \LEGAL- DEV.SVCS12011 Agenda13- 8- 111Walmart -Flour B1uIPD.3- 1- 11ORD. A &V Esmt.(0.140Acre)
.DWB.Final.docx
-137-
V
tsERcs
11h
6.286 ACRES
LOT 19
(CALLED 6.289 ACRES)
LEII4GTON INDUSTRIAL CENTER
VOL 64 PC 58, INCMR,
1 ANDERSON PROPERTIES, INC
TO
WAL-MART REAL ESTATE BUSINESS
TRUST
DOC /2010038654, NCOPR
EXHIBIT "A"
N 6127'51• I%
rem Aalc
7.5 r1E vIL37, PG 9, NOIR
3.777 ACRES (CALLED 3.812 ACRES)
ROBERT C NILNERSDNc DIST 01R SRS, T0:
GENE mist AMES R. CAMERON AND ROOM D. RAPE
VOL 216E PG 869, NCR
= PONVT OF COMMENCING
P QB. = POINT OF =MINIM
JOHNSON do PACE INCORPORATED
ENGINEERING • ARQ I lEG7URE• S11RUEYING
1201 NW LOOP 281, L81, LONGWEW,1EXAS 75604
(903)753-0663 FAX (903)753-8803
'
website: www.johnsonpoce.com
gyp4tnglargQj tiglPA5SB=garpqlt
s anMarRE EASNAMT RANnONIAEE_7-148}ilihm inam9 5132 a PM \SAPPAIASNAN RIXAMIu m"1 a
LOT 23
LOT 30
10.366 ACRES
(LOT 23 & LOT 30)
TENET PROPER11E 1717, TM
NAL -MART STORES 1DUS, LP,
DOC ♦2006041816, NG FR
8246 ACRE
Io' RE VOL 6R PG 59. Mae
52ILfl3'iK66.6
FLOUR BLUFF DRIVE
Ingtft
1. 664MNGS AND COORDINATES ARE BASED MN THE TEXAS
COORDINATE SYSTEM OF 1983 (AMD83), SOWN ZONE AND
REFERENCED 10 NGS STATIONS:
'7Xi,R / 1AREDO RRP2 CORS ARP (PBT DF4381)' AT L4Rep0 TX,
'7XPR /'PIMRR RRP2 DORS ARP (P10 DF4383)` AT PIM? TX,
'7XCC / CORPUS wan 112 CORS ARP CPC oF4377)' AT
CORPUS CHRISTI 7X:
2. DISAUICES SHOWN ARE 6810 DISTANCES. R7 CONVERT TO
SAME DISTANCES DIVIDE GRID OSTANCES 81' TRE SCALE
FACTOR: 0.9999760.
3. ELEVATIONS ARE 845E0 UPON "EMU BE AND REFERENCED TO
SAME NOS STATIONS.
4. -R-9401CATES A 5/8' IRON ROD FOUND, UNLESS SHOWN ODIERI.'ISE
0 100' 200' 400'
1 '=200'
EASEMENT ABANDONMENT PLAT
0.140 ACRE 7.5' UTILITY EASEMENT CROSSING LOT 23,
LEXINGTON INDUSTRIAL CENTER, VOL 37, PG 9, NCMR
NUECES COUNTY, TEXAS
N
JOHNSON & PACE INCORPORATED
ENGINEERING • ARCHI iFC1URE• SURVEYING
1201 NW LOOP 281, L81, LONGV1EWJEXAS 75604
(903)753--0663 FAX (903)753-8803
g website: www.johnsanpace.carr.
;JOB NO: 2154-015 FJELD 9001(: N/A DATE: FEBRUARY 14, 2011
My°
VICINITY MAP
EASEMENT ABANDONMENT PLAT
VARIOUS EASEMENTS CROSSING LOT 19, LEXINGTON INDUSTRIAL
CENTER, VOL 60, PG 58, NCMR AND LOT 23 THRU 26 AND LOT 30,
LEXINGTON INDUSTRIAL CENTER, VOL 37, PG 9, NCMR
EXHIBIT
if if
ORDINANCE
ORDINANCE ABANDONING AND VACATING A 8,276.40- SQUARE FOOT
PARCEL, (0.190 ACRE), BEING ALL OF AN EXISTING 10 -FOOT WIDE ACCESS
EASEMENT, AND A 400 - SQUARE FOOT PARCEL, BEING ALL OF AN
EXISTING 20 X 20 FOOT WIDE UTILITY EASEMENT, BOTH OUT OF
LEXINGTON INDUSTRIAL CENTER, CROSSING A PORTION OF, AND
ABUTTING THE EAST PROPERTY LINE OF, LOT 19, LOCATED SOUTH OF THE
SOUTH PADRE ISLAND DRIVE (SH 358) STATE RIGHT-OF-WAY; REQUIRING
THE OWNER, WAL -MART REAL ESTATE BUSINESS TRUST, TO COMPLY
WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY.
WHEREAS, Wal -Mart Real Estate Business Trust (Owner), is requesting the
abandonment and vacation of an 8,276.40- square foot parcel, (0.190 acre), being all of
an existing 10 -foot wide access easement, and a 400- square foot parcel, being all of an
existing 20 X 20 foot wide utility easement, both out of Lexington Industrial Center,
crossing a portion of, and abutting the east property line of, Lot 19, located south of the
South Padre Island Drive (SH 358) state right -of -way, in order to relocate existing
easements in connection with the development and future construction of a Wal -Mart
store over the existing easement area at Lexington Industrial Center. The easement to
be abandoned and vacated is located in a B -3 Business District; and
WHEREAS, with proper notice to the public, public hearing was held on Tuesday,
March 8, 2011, during a meeting of the City Council, in the Council Chambers, at City
Hall, in the City of Corpus Christi, during which all interested persons were allowed to
appear and be heard; and
WHEREAS, it has been determined that it is feasible and advantageous to the City of
Corpus Christi to abandon and vacate said portion of the utility easement, subject to the
provisions below. (Exhibit A - Easement Abandonment Plat, Exhibit 8- Site Map)
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. A 8,276.40 - square foot parcel, (0.190 Acre), being all of an existing 10-
foot wide access easement , and a 400 - square foot parcel, being all of an existing 20 X
20 foot wide utility easement, both out of Lexington Industrial Center, crossing a portion
of, and abutting the east property line of, Lot 19, as recorded in Volume 60, Page 58 of
the Map Records of Nueces County, Texas, is abandoned and vacated, subject to
Owner's compliance with the conditions specified in Section 2. below.
SECTION 2. The abandonment and vacation of the above utility easement is
conditioned upon Owner's compliance with the following:
1) Since Owner will be dedicating a new utility easement of equal or greater
value than the property released by the City in this easement closure action,
in accordance with City of Corpus Christi, Code of Ordinance Sec. 49 -12, the
requirement of paying fair market value for the property is waived.
H:I LEG- DIR \Shared\LEGAL- DEV.SVCS12011 Agenda13 -8 -I 11Walmart -Flour BluftlE.3- 1- 11ORD. A &V
Esmt.(0.190Acre.)DWBFinal.docx
-140-
2) City Wastewater requires that all City sanitary sewer utilities be relocated at
Owner's (Wal -Mart Stores Texas, L.P.) request. Further, prior to any sanitary
sewer utilities being relocated, Owner must construct a new Lift Station, Force
Main, and sanitary sewer gravity line to provide service to all adjacent and
surrounding properties.
3) Owner is responsible for any and all utility relocation and relocation fees for
all public and franchised utilities within the closure request area and the
dedication of any appropriate utility easements that are required.
4) Owner is responsible and required to dedicate utility easement(s) during the
reptatting process, if any new public utilities are required prior to construction
of the proposed building.
5) Owner must comply with all the specified conditions of the ordinance within
180 days of Council approval.
6) Upon approval by Council and issuance of the ordinance, all grants of
easement closure 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 permitting of any construction on the land, an up -to -date survey,
abstracted for all easements and items of record, must be submitted to the
Assistant City Manager of Engineering and. Development Services. These
requirements are in compliance with the City of Corpus Christi, Code of
Ordinance Sec. 49 -13, as amended and approved on July 13, 2004, by
Ordinance No. 025816.
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 day of , 2011.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa Joe Adame
City Secretary Mayor, City of Corpus Christi
APPROVED// ass Atto FORM this 1St day of March, 2011.
zG5'X4- /`La'
eborah Walther Br
Assistant City Attorney
For City Attorney
HA LEG- DIR1Shared\LEGAL- DEV.SVCS12011 Agenda13- 8- 111Walmart -Flour BiufflE.3- 1- 11ORD. A &V
Esmt.(0.190Acre.)D WBFinal.docx
-141-
Corpus Christi, Texas
Day of , 2411
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 Adarne.
Chris N. Adler
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla G. Leal
John E. Marez
Nelda Martinez
Mark Scott
Linda Strong
H :I LEG -D1R \Shared \LEGAL- DEV.SVCS1201 1 Agenda13 -8 -I 11Walmart -Flour Biuf.3- 1- 11011D. A &V
Esmt.(O.l40Acre.)DWBFinaidoex —142—
V� �Ryv� (54.�H PASRE ( 1 1500
ARIES)
eagSOU Wi T 1540
6.286 ACRES
LOT 19
(CALLED 8.269 ACRES) 1N.
LEXINGTON INDUSTRIA. CENTER
VOL 54 PC 59 NCAITt:
L ANDERSON PROPERTIES, INC
TO
WAL-MART REAL ESTATE BUSINESS
TRUST
DDC P010036654, NCOPR
LOT 23
5 289373" W E8UV
FLOUR BLUFF DRIVE
LOT 19
6.2116 ACRES
D.
t r▪ p
51 LOT23
T, 10.366 ACRES
BLUR
N 577757 w
20x20' UE VOL 50, PG 58, NCMR
3.777 ACRES
INSET
T. BEARIN,f',; AND COORDINATES ARE BASED UPON TIE TEAS
COORD LATE SYSTEM OF 1983 (0D83), sown zo Is ANTI
REFERENCED TO NGS STATIONS:
7T(LR / IAREDO RRPZ CORS ARP (A, Wf4d81)" Ar LAREDO 7.
'XPR / PHlARR RRP2 COPS ARP.(P10 DF43837 AT PHARR TX.
7XCC / CORPUS CHRISTI R2 CORS AAP. (PID 0F4377)' AT
CORPUS C99571 IX.
2. DISTANCES SHOWN ARE GRID DISTANCES. TO CONVERT TO
SURFACE DISTANCES DIVIDE GRID DISTANCES BY THE SCALE
FACTOR: 0.9993760.
EMOTIONS ARE BASED UPON iNAVD 88' AND REFERENCED TO
SANE NGS STATIONS.
4 --INDICATES A 5/8' IRON ROD FOUND, UNLESS SHOWN OTHERWISE.
EXHIBIT "A"
370.12'
P.aa
0.16+0 ACRE
STANCH ME ANSEV
Mar Ur IAL 60. PC 5A NOIR
3.777 ACRES (CALLED 3.812 ACRES)
ROBERT c INIXERSON, GIST DIR. IRS T0:
GENE ALLEN, JAMES R. CAMERON AND ROGER 0. RAPE
VOL 2165, PG 869 NOR
P.O. C. = PONT OF COMMENCING
P.O.B. = POINT OF BEGYNNWG
JOHNSON do PACE INCORPORATED
ENGINEERING • ARCHITECTURE* SURVEYING
1201 NW LOOP 281, L81, LONGVIEW, TEXAS 75604
(903)753-0663 FAX (903)753-8803
website: www.johnsonpace.com
11 A
0
100' 200' 400'
1 "=200'
EASEMENT ABANDONMENT PLAT
0.190 ACRE 10' ACCESS EASEMENT AND 20'X20' UTILITY EASEMENT
CROSSING LOT 19, LEXINGTON INDUSTRIAL CENTER,
VOL 60, PG 58, NCMR
NUECES COUNTY, TEXAS
41.
JOHNSON do PACE INCORPORATED
ENGINEERING • ARCHITECTURE* SURVEYING
1201 NW LOOP 281, L81, LONGV1EW, IEXA5 75604
(903)753-0663 FAX (903)753-8803
3 website: www.johnsonpoce.com
x106 NO: 2154-015 FIELD BOOK: N/A DATE: FE&RUARY 14, 2011
VICINITY MAP .l ,XHI B I 1
EASEMENT ABANDONMENT PLAT
VARIOUS EASEMENTS CROSSING LOT 19, LEXINGTON INDUSTRIAL
CENTER, VOL 60, PG 58, NCMR AND LOT 23 THRU 26 AND LOT 30,
LEXINGTON INDUSTRIAL CENTER, VOL 37, PG 9, NCMR
r1B rr
ORDINANCE
ABANDONING AND VACATING A 5,357.88- SQUARE FOOT PORTION (0.123
ACRE) OF AN EXISTING 5 -FOOT WIDE WATER LINE EASEMENT OUT OF
LEXINGTON INDUSTRIAL CENTER, CROSSING A PORTION OF LOTS 19, 23,
AND 30, LOCATED SOUTH OF THE SOUTH PADRE ISLAND DRIVE (SH 358),
STATE RIGHT-OF-WAY; REQUIRING THE OWNER OF LOT 19, WAL -MART
REAL ESTATE BUSINESS TRUST AND THE OWNER OF LOTS 23 AND 30,
WAL -MART STORES TEXAS, L.P., TO COMPLY WITH THE SPECIFIED
CONDITIONS; AND DECLARING AN EMERGENCY.
WHEREAS, Wal -Mart Real Estate Business Trust and Wal -Mart Stores Texas, L.P.
(Owners), are requesting the abandonment and vacation of a 5,357.88 - square foot
portion (0.123 Acre) of an existing 5 -foot wide water line easement out of Lexington
Industrial Center, crossing a portion of Lots 19, 23 and 30, located south of the South
Padre Island Drive (SH 358), state right -of -way, in order to relocate existing easements
in connection with the development and future construction of a Wal -Mart store over the
existing easement area at Lexington industrial Center. The easement to be abandoned
and vacated is located in a B -3 Business District; and
WHEREAS, with proper notice to the public, public hearing was held on Tuesday,
March 8, 2011, during a meeting of the City Council, in the Council Chambers, at City
Hall, in the City of Corpus Christi, during which all interested persons were allowed to
appear and be heard; and
WHEREAS, it has been determined that it is feasible and advantageous to the City of
Corpus Christi to abandon and vacate said portion of the utility easement, subject to the
provisions below. (Exhibit A — Easement Abandonment Plat, Exhibit B- Site Map)
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. A 5,357.88 - square foot portion (0.123 Acre) of an existing 5 -foot wide
waterline easement out of Lexington Industrial Center, crossing a portion of Lot 19, as
recorded in Volume 60, Page 58 of the Map Records of Nueces County, Texas, and
crossing a portion of Lots 23 & 30, as recorded in Volume 37, Page 9 of the Map
Records of Nueces County, Texas, is abandoned and vacated, subject to the Owners'
compliance with the conditions specified in Section 2. below.
SECTION 2. The abandonment and vacation of the above water line easement is
conditioned upon Owners' compliance with the following:
1) Since Owners will be dedicating a new easement of equal or greater value
than the property released by the City in this easement closure action, in
accordance with City of Corpus Christi, Code of Ordinance Sec. 49 -12, the
requirement of paying fair market value for the property is waived,
H:I LEG- DIRIShared\LEGAL- DEV.SVCS12011 Agenda13 -8 -1 I1Walmart-Flour Bluillf .3- 1- 11ORD.A &VEsmt.(0.123Ac.)
DWBFinal.docx
—145—
2) City Wastewater requires that all City sanitary sewer utilities be relocated at
Owners' request. Further, prior to any sanitary sewer utilities being relocated,
Owners must construct a new Lift Station, Force Main, and sanitary sewer
gravity line to provide service to all adjacent and surrounding properties.
3) Owners are responsible for any and all utility relocation and relocation fees for
all public and franchised utilities within the closure request area and the
dedication of any appropriate utility easements that are required.
4) Owners are responsible and required to dedicate utility easement(s) during
the replatting process, if any new public utilities are required prior to
construction of the proposed building.
5) Owners must comply with all the specified conditions of the ordinance within
180 days of Council approval.
6) Upon approval by Council and issuance of the ordinance, all grants of
easement closure must be recorded at Owners expense in the real property
Map Records of Nueces County, Texas, in which the property is located.
Prior to the permitting of any construction on the land, an up -to -date survey,
abstracted for all easements and items of record, must be submitted to the
Assistant City Manager of Engineering and Development Services. These
requirements are in compliance with the City of Corpus Christi, Code of
Ordinance Sec. 49 -13, as amended and approved on July 13, 2004, by
Ordinance No. 025816.
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 day of , 2011.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa Joe Adame
City Secretary Mayor, City of Corpus Christi
APPROVED as to FORM this 1st day of March, 2011. .
Deborah Walther Bro
Assistant City Attorney
For City Attorney
H: 1LEG- DIRIShared\LEGAL- DEV.SVCS12011 Agenda13- 8- 111Walmart -Flour BIuif1F.3 -I -11 ORD.A&VEsmt.(0.123Ac.)
D WBFinal.docx
—146—
Corpus Christi, Texas
Day of , 2011
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
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla G. Leal
John E. Marez
Nelda Martinez
Mark Scott
Linda Strong
H:I LEG- DIR1Shared\LEGAL- DEV.SVCS12011 Agenda13- 8- 11 \Walmart-Flour BlufflF .3- 1- 11DRD.A &VEsmt.(0.123Ac.)
DWBFinal.docx
—147—
I t . I;2.•Il l J U..LJd MI
JOHNSON & PACE INCORPORATED
ENGINEERING oARCHITECTURE. SURVE)7NG
1201 NW LOOP 21, LO1, LOiVGVIEW, TEXAS 75604
(903)753-0663 FAX (903)753-8803
website: www. johnsonpcce.corr:
4J0B NO: 2154-015 FIELD BOOK: N/A DATE: FEBRUARY 14, 2011
'O4
VICINITY MAP
EASEMENT ABANDONMENT PLAT
VARIOUS EASEMENTS CROSSING LOT 19, LEXINGTON INDUSTRIAL
CENTER, VOL 60, PG 58, NCMR AND LOT 23 THRU 26 AND LOT 30,
LEXINGTON INDUSTRIAL CENTER, VOL 37, PG 9, NCMR
EXHIBIT
/113 ►r
LOT 24
LEAINOTON INDUSTRIAL CENTER
VOL 37, PC 9. NOM
MARTIN R, FREY, ET UX TO cm R.
PAYINE, JR., ET UX, DOC
1f1995005406, NCOPR
LOT 25
LEXIWG7ON INDUSTRIAL CENTER
VOL 37,PG9,NCI.IR
FLATO BROTHERS INCORPORATED
TO MART'' R FREY, ET U16 VOL
1424, PG 28Z ICOR
CADRE 'SL'ID vA�� DRIVE
.
5 ,6s3a�
5 753937' $ 503I'
a!�
29'32'38" E
sow
6.286 ACRES
LOT 19
(CALLED 6.289 ACRES)
LEXINGTON INDUSTRIAL CENTER
vol. 6o. PG 54 NAM.
1 ANDERSON PROPERTIES, INC.
To
WAL-MART REAL ESTATE 9USNESS
TRUST
DOC #2010038654, NCOPR
0.123 ACRE
5' WATER LIE EASEMENT
VOL 923, PG 494 NOIR
LOT 25
LOT 24
S I177'51' E; 10 73.32'
370.12' 70320'
a amraac 370.12' a raafamaafaar�ear rfla rfla flat �aama
703.2r
1
GMS' Mc.
Doc
tjel
F uAnotiA
0343Ps' AL CENIEF1
103411°14 12714Ctil
25C4VOL 64' PC
LOT 2OR
LOT 23
LOT 30
10.366 ACRES
Tr 23 S,L,EMEPRR7IELID, 70;
WAL-MART STORES TEXAS. LP,
DOC /2006041816. NCOPR
0,113 AWE
5' wA17wtsir EASEMENT
ioL 924 99 494 NCI
EXHIBIT "A"
•
14 6177.51' M. 1073.34'
3.777 ACRES (CALLED 3.812 ACRES) -
ROBERT C N UCERSOK DIST OR. IIA TO:
GENE ALLEN, JAMES R. CAMERON AND ROGER D. RAPE
VOL 2166, PG Be. NCOR
P.O.0 = POINT of COMMENCING
P.0.8. = POINT OF BEGINNING
JOHNSON Ac PACE INCORPORATED
ENGINEERING • ARCHITECTURE. SURVEYING
1201 NW LOOP 281, L81, LONGVIEW,IEXAS 75604
(903)753-0663 FAX (903)753-8803
website: www.johnsonpace.com
:Y4fAA L—esaln tflbsrr ,E.IMAJ m1r
iTe1t
FLOUR BLUFF DRIVE
6 29337]' W,
806'
Nan
1. BEARINGS AND COORO1N4TES ARE RASED UPON THE RYAS
COORDINATE SYSTEM OF 7983 (14063), SOUTH MK AND
RIE ERENCED TO NOS STATIONS:
"I7ILR / LAREDO RRP2 CQRs ARP (110 DF4381)" AT LAREDO TX,
7XPR/ PIMRR RRP2 CORS ARP (PMD OF4383)' AT PHARR TX,
Tux/ CORPUS CHRISTI R2 CORS ARP (P70 DF4377)' AT
CORPUS CHRISTI Tx.
2. DISTANCES SFIOINN ARE GRID 'DISTANCES. TO CONVERT TO
SURFACE Th TMICES DMOE GRID DISTANCES BY 774E SCALE
FACTOR 0.9999760.
3. ELEVATIONS ARE BASED UPON NOD 68" AND RWFERENCED TO
SAME NGS STATIONS
4 --INDICATM A 5/8• IRON ROD MIND, UNLESS SHOWN OTHERWISE.
0 100' 200'
400'
1 "=200
EASEMENT ABANDONMENT PLAT
0.123 ACRE 5' WATER LINE EASEMENT CROSSING LOT 19, LEXINGTON
INDUSTRIAL CENTER, VOL 60, PG 58, NCMR AND LOT 23 & 30,
LEXINGTON INDUSTRIAL CENTER, VOL 37, PG 9, NCMR
A 197 ICIVE F KEUE T ARANhi NY 7-14-M11 Alan 9A CNM1Il P ANI PR MACil 7N ErF fi S
1
ORDINANCE
ABANDONING AND VACATING A 958.32- SQUARE FOOT PORTION (0.022
ACRE) OF AN EXISTING 15 -FOOT WIDE UTILITY EASEMENT OUT OF
LEXINGTON INDUSTRIAL CENTER, CROSSING A PORTION OF, AND
ABUTTING A PORTION OF THE WEST PROPERTY LINE OF, LOT 26R,
LOCATED SOUTH OF THE SOUTH PADRE ISLAND DRIVE (SH 358), STATE
RIGHT-OF-WAY; REQUIRING THE OWNER, WAL -MART REAL ESTATE
BUSINESS TRUST, TO COMPLY WITH THE SPECIFIED CONDITIONS; AND
DECLARING AN EMERGENCY.
WHEREAS, Wal -Mart Real Estate Business Trust (Owner), is requesting the
abandonment and vacation of an 958.32 - square foot portion (0.022 acre) of an existing
15 -foot wide utility easement out of Lexington Industrial Center, crossing a portion of,
and abutting a portion of the west property line of, Lot 26R, located south of the South
Padre Island Drive (SH 358) state right-of-way, in order to relocate existing easements
in connection with the development and future construction of a Wal -Mart store over the
existing easement area at Lexington Industrial Center. The easement to be abandoned
and vacated is located in a B -3 Business District; and
WHEREAS, with proper notice to the public, public hearing was held on Tuesday,
March 8, 2011, during a meeting of the City Council, in the Council Chambers, at City
Hall, in the City of Corpus Christi, during which all interested persons were allowed to
appear and be heard; and
WHEREAS, it has been determined that it is feasible and advantageous to the City of
Corpus Christi to abandon and vacate said portion of the utility easement, subject to the
provisions below. (Exhibit A -- Easement Abandonment Plat, Exhibit B- Site Map)
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. A 958.32- square foot portion (0.022 acre) of an existing 15 -foot wide utility
easement out of Lexington Industrial Center, crossing a portion of, and abutting a
portion of the west property line of, Lot 26R, as recorded in Volume 64, Page 216 of the
Map Records of Nueces County, Texas, is abandoned and vacated, subject to Owner's
compliance with the conditions specified in Section 2. below.
SECTION 2. The abandonment and vacation of the above utility easement is
conditioned upon Owner's compliance with the following:
1) Since Owner will be dedicating a new utility easement of equal or greater
value than the property released by the City in this easement closure action,
in accordance with City of Corpus Christi, Code of Ordinance Sec. 49 -12, the
requirement of paying fair market value for the property is waived.
H:1 LEG- DIRISharedhLEGAL- DEV.SVCS12011 Agenda13- 8- 111Walmart -Flour Bluff1G.3 -1-
11.ORD. A& V Esmt. (0.022 Ac. )D W BF in al. d o cx
-150-
2) City Wastewater requires that all City sanitary sewer utilities be relocated at
Owner's (Wal -Mart Stores Texas, L.P.) request. Further, prior to any sanitary
sewer utilities being relocated, Owner must construct a new Lift Station, Force
Main, and sanitary sewer gravity line to provide service to all adjacent and
surrounding properties.
3) Owner is responsible for any and all utility relocation and relocation fees for
all public and franchised utilities within the closure request area and the
dedication of any appropriate utility easements that are required.
4) Owner is responsible and required to dedicate utility easement(s) during the
replatting process, if any new public utilities are required prior to construction
of the proposed building.
5) Owner must comply with all the specified conditions of the ordinance within
180 days of Council approval.
6) Upon approval by Council and issuance of the ordinance, all grants of
easement closure 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 permitting of any construction on the land, an up -to -date survey,
abstracted for all easements and items of record, must be submitted to the
Assistant City Manager of Engineering and Development Services. These
requirements are in compliance with the City of Corpus Christi, Code of
Ordinance Sec, 49 -13, as amended and approved on July 13, 2004, by
Ordinance No. 025816.
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 day of , 2011.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa Joe Adame
City Secretary Mayor, City of Corpus Christi
APPROVED as to FORM this 1st day of March, 2011.
ike-Z
eborah Walther B
Assistant City Attorney
For City Attorney
H:ILEG- DER\Shared\LEGAL -DEV. SV CS12011 Agenda13- 8- 111Walmart-Flour B1u1i1G.3 -1-
11.ORD.A&VEsmt.(0.022Ac.)D WBFinal.docx
-151-
Corpus Christi, Texas
Day of , 2011
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: Uwe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Joe Adame
Mayor
Council Members
The above ordinance was passed by the following vote:
Joe Adame
Chris N. Adler
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla G. Leal
John E. Marez
Nelda Martinez
Mark Scott
Linda Strong
H:1 LEG- DIRIShared\LEGAL- DEV.SVCS12011 Agenda13- 8- 111Walmart-Flour Blufi\G.3 -1-
11.ORD.A &VEsmt.(U.Q22Ac.)D WBFinal.docx
—152—
LOT 24
LEIONGTON INDUS7RIA1. CENTER
VOL 37, PC 9, NQKR
MARTIN R. FREY, Er UX TO CECIL R.
PAYNE, JR., ET U14 DOC
1198600540a NCOPR
ISLAND 500QA°Rw►Q vA o PA&
Togo
6.286 ACRES
LOT 19
(CALLED 6.289 ACRES)
LEXINDTDN INDUSTRIAL CENTER
VIZ 60, PG 58, NCMR,
L AN0ERSWN PROPERAESL1NC.
TO
WAL-MART REAL ESTATE BUS
TRUST
00C /2010038654, NCOPR
5177s1'
LOT 25
LOT 24 gat
N:rasr
aa_n 1J
1073. 12.
15' UE
MX 37, PC 9, NCVR
$ funzOD103g3 i�H' LFIiR
Loy '1 G 2N . NC°
T. -
LOT 26R
/ 0,022 ARE 15' LE
la 64 PO 218 N31R
p„..enna.
N wow ►.
LOT 23
LOT 30
10.366 AMES
(LOr23&LOT 30)
TENET PROPERBES LTD, Kt
WAL-MART STORES TEXAS LP.
DOC 12006041616, NCOPR
EXHIBIT "A"
37102'
3.777 ACRES (CALLED 3.812 ACRES)
ROBERT C. NILRERSON, DIST DAR. IRS TO:
GENE ALLEN, JANE'S R. CAMERON AND ROGER 0. RAPE
VOL 2166, PC 869, RCM
P.O.C. = POINT OF COMMENCING
P.0.8. = POINT OF BEGINNING
JOHNSON do PACE INCORPORATED
ENGINEERING •ARCH17FC7URE•SURVEYING
1201 NW LOOP 281, 1.81, LONGWEW,TEXAS 75604
(903)753-0663 FAX (903)753-8803
website~ www.johnsonpace.com
711..29
FLOUR BLUFF DRIVE
MOM
1. WARMS AND COORDIAIATE'S ARE BASED UPON THE RYAS
COOROI MTE SYSTEM OF 1983 (NA083), SOUTH ZONE AND
REFERENCED 70 NCS STAT10N!
7XLR / IAREDO RRP2 CORS ARP (PD 0F4381)' AT LAREDO TX,
'Um / P7AARR RRP2 CORS ARP (RD DF4383)' AT PHARR ITT,
'IXCC / CORPUS am= R2 CORS ARP (RD DF4377)' AT
CORPUS 01111511 TX
2. DISTANCES SHOWN ARE GREG DISTANCES. TO CONVERT 10
SURFACE DISTANCES DNEDE GRID DISTANCES BY PIE SCALE
FACTOR: 0.9999760.
3. ELEVATIONS ARE 845ED UPON 'NAV 88' AND REFERENCED TD
SAME NGS STATIONS.
4. • e INDICATES A 5/8' IRON ROD FOUND. UNLESS SHOWN OTIEFRWISE
0 100' 200'
1"=200
EASEMENT ABANDONMENT PLAT
0.022 ACRE 15' UTILITY EASEMENT CROSSING LOT 26R,
LEXINGTON INDUSTRIAL CENTER,
VOL 64, PG 21.6, NCMR, NUECES COUNTY TEXAS
fASIK inaatigirlSRaga LN1A---,-1L4.2F_FE81T[1AR.Y_id__2011 A FNM 7-12011fhva 2ficarin479r37PMUAPP4MSHARE MAN11N.p[i
400'
i
JOHNSON & PACE INCORPORATED
ENGINEERING ARCHITECTURE. SURVEYING
1201 NW LOOP 281, L61, LONGVIEW, TEXAS 75604
(903)753-0663 FAX (903)753-8803
website: www.johnsonpace.corr.
X108 NO: 2154-015 FIELD BOOK: N/A DATE: FEBRUARY 14, 2011
VICINITY MAP
EASEMENT ABANDONMENT PLAT
VARIOUS EASEMENTS CROSSING LOT 19, LEXINGTON INDUSTRIAL
CENTER, VOL 60. PG 58. NCMR AND LOT 23 THRU 26 AND LOT 30,
LEXINGTON INDUSTRIAL CENTER, VOL 37, PG 9, NCMR
EXHIBIT
ORDINANCE
ABANDONING AND VACATING A 10,105.92- SQUARE FOOT PORTION (0.232
ACRE) OF AN EXISTING 7.5 -FOOT WIDE UTILITY EASEMENT OUT OF
LEXINGTON INDUSTRIAL CENTER, BEING A PORTION OF LOTS 23, 24, 25,
26R AND 30, LOCATED SOUTH OF THE SOUTH PADRE ISLAND DRIVE (SH
358) STATE RIGHT -OF -WAY; REQUIRING THE OWNER OF LOTS 24, 25 AND
26R, WAL -MART REAL ESTATE BUSINESS TRUST AND THE OWNER OF
LOTS 23 AND 30, WAL -MART STORESTEXAS, L.P., TO COMPLY WITH THE
SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY.
WHEREAS, Wal -Mart Real Estate Business Trust and Wal -Mart Stores Texas, L.P.
(Owners), are requesting the abandonment and vacation of a 10,105.92- square foot
portion (0.232 acre) of an existing 7.5 foot wide utility easement out of Lexington
Industrial Center, being a portion of Lots 23, 24, 25, 26R and 30, located south of the
South Padre island Drive (SH 358), state right -of -way, in order to relocate existing
easements in connection with the development and future construction of a WaI -Mart
store over the existing easement area at Lexington Industrial Center. The easement to
be abandoned and vacated is located in a B -3 Business District; and
WHEREAS, with proper notice to the public, public hearing was held on Tuesday,
March 8, 2011, during a meeting of the City Council, in the Council Chambers, at City
Hall, in the City of Corpus Christi, during which all interested persons were allowed to
appear and be heard; and
WHEREAS, it has been determined that it is feasible and advantageous to the City of
Corpus Christi to abandon and vacate said portion of the utility easement, subject to the
provisions below. (Exhibit A — Easement Abandonment Plat, Exhibit B- Site Map)
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. A 10,105.92- square foot portion (0.232 acre) of an existing 7.5 -foot wide
utility easement out of Lexington Industrial Center, being a portion of Lots 23, 24, 25 &
30, as recorded in Volume 37, Page 9 of the Map Records of Nueces County, Texas,
and being a portion of Lot 26R, as recorded in Volume 64, Page 216 of the Map
Records of Nueces County, Texas, is abandoned and vacated, subject to the Owners'
compliance with the conditions specified in Section 2. below.
SECTION 2. The abandonment and vacation of the above utility easement is
conditioned upon Owners' compliance with the following:
1) Since Owners will be dedicating a new utility easement of equal or greater
value than the property released by the City in this easement closure action,
in accordance with City of Corpus Christi, Code of Ordinance Sec. 49 -12, the
requirement of paying fair market value for the property is waived.
H:1 LEG- DIRIShared\LEGAL- DEV.SVCS1201 1 Agenda13 -8 -1 I1Walmart -Flour Blufi\H. 3 -1-
11 ORD.A &VEsmt.(0.232Acre).D WBFinal.docx
—155—
2) City Wastewater requires that all City sanitary sewer utilities be relocated at
Owners' request. Further, prior to any sanitary sewer utilities being relocated,
Owners must construct a new Lift Station, Force Main, and sanitary sewer
gravity line to provide service to all adjacent and surrounding properties.
3) Owners are responsible for any and all utility relocation and relocation fees for
all public and franchised utilities within the closure request area and the
dedication of any appropriate utility easements that are required.
4) Owners are responsible and required to dedicate utility easement(s) during
the replatting process, if any new public utilities are required prior to
construction of the proposed building.
5) Owners must comply with all the specified conditions of the ordinance within
180 days of Council approval.
6) Upon approval by Council and issuance of the ordinance, all grants of
easement closure must be recorded at Owners expense in the real property
Map Records of Nueces County, Texas, in which the property is located.
Prior to the permitting of any construction on the land, an up-to-date survey,
abstracted for all easements and items of record, must be submitted to the
Assistant City Manager of Engineering and Development Services. These
requirements are in compliance with the City of Corpus Christi, Code of
Ordinance Sec. 49-13, as amended and approved on July 13, 2004, by
Ordinance No. 025816.
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 day of , 2011.
ATTEST:
Armando Chapa
City Secretary
CITY OF CORPUS CHRISTI
Joe Adame
Mayor, City of Corpus Christi
APPROVED as to FORM this 1st day of March, 2011.
ieborah Walther
Assistant City Attorney
For City Attorney
H :1 LEG- DIR \SharedPLEGAL- DEV.SVCS12011 Agenda13- 8- 111Walmart-Flour BluitH. 3 -1-
I LORD. A& VEsmt.(0.232Acre).DWBFinal.docx —1 5 6—
Corpus Christi, Texas
Day of , 2011
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: Uwe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Joe Adame
Mayor
Council Members
The above ordinance was passed by the following vote:
Joe Adame
Chris N. Adler
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla G. Leal
John E. Marez
Nelda Martinez
Mark Scott
Linda Strong
H:1 LEG- DIRIShared\LEGAL- DEV.SVCS12011 Agenda13- 8- 11 1Walmart -Flour B1uff1H. 3 -1-
11 ORD.A &VEsmt.(0.23 2Acre).DWBFinal.docx
—157—
O PADRE ISLANDi VARIES) scorn
totottio goo
P.o .
9 2973'13" 1N
7.73'
0252 ACRE 15• UE
wT 37, PC s9 =MR
6.286 ACRES
LOT T9
(CALLED 6.289 ACRES)
LEXINGTON INDUSTRIAL CENTER
VOL 60, PG 58 NCMR,
L ANDERSON PROPERTIES, INC.
70
WAL-MART REAL ESTATE BUSINESS
MUST
DOC #2010036654 NCOPR
LOT 23
FLOUR
LOT 24
LEXINGTON INDUSTRIAL CENTER
VOL 37, PC 9, NCMR
MARTIN R. FREY, ET UX TO CECIL R.
PA4NE .Nt ET UX DOC
#1996005406 NCCPR
LOT 25
lEX1NGTDN INDUSTRIAL CENTER
VOL 37, PC 9, NCMR
FLATO BROTHERS INCORPORATED
m MARTIN R. FRET ET UX. VOL
1424. PC 284 NCDR
LOT 26R
LEXINGTON INDUSTRIAL CENTER VOL 37, PG 9. NCAIR
JUGADOR INC. TO
FIRST NATIONAL BANK,
DOCUMENT 12001039325, NCOPR
1. BEARINGS AND COORDINATES ARE BASED UPON THE TEXAS
COORDINATE SYSTEM 0F 1983 (NA083), SOUTH ZONE, AND
NEFEREN ED TO NOS STATIONS:
'TAR / LAREDO RRP2 CORS ARP (MD W4381)" AT LAREDO 7J4
"RPR / PIMRR RRP2 CORS ARP (PID DF438J)' AT PHMRR 1X.
"ICC / CORPUS CHRISTI R2 CORS ARP (PID 0F4377)" AT
COMMS CHRISTI TX.
2. DISTANCES SHOWN ARE GRID (MSTANCES, 10 CONVERT To
SURFACE DISTANCES IXV10E GRID DISTANCES BY THE SCALE
FACTOR: 0.9989761.
3. EMOTIONS ARE BASED UPON TM 88" AND REFERENCED TO
SAME NGS STATIONS
H 6T2T51' N; 370.12'
N 512731' Nj 703.2D•
INDICATES A 5/8' IRON ROD FOUND, UMESS SHOWN OTHERMSE
EXHIBIT "A"
370.12'
N 6IZ751" 1N
1073,32•
1777 ACRES (CALLED 3.812 ACRES)
ROBERT G WLKERSON, DIST DIR. In 7i1t
GENE ALLEN; JAMES R. CAMERON AND ROGER D. RAPE
AAI 2156. PG 869, NCDR
P.O.C. = POINT OF COMMENCING
P.O.B. = POINT OF BEGINNING
JOHNSON & PACE INCORPORATED
ENGINEERING • ARCHITECTURE. SURVEYING
1201 NW LOOP 281, L81, LONGV8EW TEXAS 75604
0 100' 200`
400'
1 "=200'
EASEMENT ABANDONM T PLAT
0.232 ACRE 7.5' UTILITY EASEMENT CROSSING LOT 23 THRU 25 AND
(90.3)753-0663 FAX (903)753-8803LOT 30, LEXINGTON INDUSTRIAL CENTER, VOL 37, PG 9, NCMR
!nA 1V�7 g4r,� �q r�r�n wwe�bnsiit�e: www.lohnsollpace.com AND LOT 26R, LEXINGTON INDUSTRIAL CENTER, VOL 64, PG 216, NCMR
•1"ri+ 42„a-1i1R11i kQ-Ilta [rif ia'IYSB icti s n ia7 erne-i4�>�41+$9M t�Q-RL15�A9P11ML 5f ikS
SITE MAP NOT TO
SCALE
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PADRE���.20
JOHNSON & PACE INCORPORATED
ENGINEERING aARCH! TECTURE•SURVEYING
5 1201 NW LOOP 281, L81, LONGVIEW, TEXAS 75604
(903)753-0653 FAX (903)753-8803
website: www.johnsonpace.com
108 NO: 2154-015 FIELD BOOK: N/A DATE: FEBRUARY 74, 2071
VICINITY MAP
EASEMENT ABANDONMENT PLAT
VARIOUS EASEMENTS CROSSING LOT 19, LEXINGTON INDUSTRIAL
CENTER, VOL 60, PG 58, NCMR AND LOT 23 THRU 26 AND LOT 30,
LEXINGTON INDUSTRIAL CENTER, VOL 37, PG 9, NCMR
EXHIBIT
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PAGE ONE OF THREE
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RE 191E35074710 OF A SLIMY WEE 00 010 MONO M1X54 MY 91PER4107 a9.' A
92020' O' 20197 AVCS 8019 ALL OF LOT 110 OF 7101960 0 DOC 120100ID434. R74PR
AU! DF 1070 22 AND 20 OF RECORD W DOC 12000041014 ATOM .410 ALL 07 10T 24 OF
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POWWOWS, 117. AU OF 500 SO80071 4 6 MIX OF IRE 0OA1011O3 0T 119E LIFT OF
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11.0753706
5 1.070-1 BLOCK; 20,822 ACRES
BEM AN 10206RE01 TO CDT 111,
L.E0R0100 Tl49S79L4L CENTER
roc DO CUB 5a RCE[
ALO LBO 13 TIM 2S A60 LOT 30,
LIXTNM04 TW287771AL RAINIER
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MR 59. PC 2072 1501
NIECES C01AMY. TEXAS
JOHNSON & PACE INOOFPORA7ED
181001 EI 11/70 001. 0.DC 19.72 12 010
1081 ANY LOM' 281. 179197371 Tx 25904
0083117 0.1 FAX WOW 793-5803
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Doc :;r 2011006355
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY
INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS
FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR
YOUR DRIVER'S LICENSE NUMBER.
,SPECIAL WARRANTY DEED
THE STATE OF TEXAS
KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF NUECES
That CECIL R. PAYNE JR. and REBECCA L. PAYNE, his wife, collectively
( "Grantor "), for and in consideration of the sum of TEN AND NO /100 DOLLARS ($10.00) and
other good and valuable consideration paid to Grantor by WAL -MART REAL ESTATE
BUSINESS TRUST, a Delaware statutory trust ( "Grantee "), whose address is set forth below, the
receipt and sufficiency of which are hereby acknowledged, subject to the "Permitted
Encumbrances" (as defined below), has GRANTED, SOLD AND CONVEYED and by these
presents does hereby GRANT, SELL AND CONVEY unto the Grantee, all that certain tract of
land (the "Land ") lying and being situated in Nueces County, Texas, described as follows, to -wit:
That certain 0.25 acre tract or parcel of land more particularly described
on Ex ibhA, attached hereto and incorporated herein for all purposes;
together with (a) any and all improvements located on the Land, (b) any and all appurtenances
pertaining to the Land, (c) any and all easements, water rights, and other rights and interests, if
any, of Grantor relating to the Land, and (d) all right, title and interest of Grantor, if any, in and
to (i) any and all public roads and streets affecting, crossing, fronting or bounding the Land,
(i 1) all reversionary interests, if any, in and to the Land and (iii) any claims for damages or
injuries caused by third parties to such Land prior to the date hereof. The Land, together with the
rights and interests set forth in (a) through (d), inclusive, are herein collectively referred to as the
"Property". Notwithstanding any contrary provisions hereof, Grantor is conveying the rights set
forth in (c) and (d) WITHOUT WARRANTY of any kind, whether express, implied or statutory.
This conveyance is made SUBJECT TO, all and singular, but only to the extent
that the same are currently valid and enforceable against the Property, the "Permitted
Encumbrances ", more particularly set forth in Exhibit B, attached hereto and incorporated herein
for all purposes.
TO HAVE AND TO HOLD the Property, subject to the Permitted Encumbrances,
together with all and singular the rights and appurtenances thereto in anywise belonging unto the
Grantee, its successors and assigns forever; and the Grantor does hereby bind itself, and
Grantor's successors and assigns to WARRANT AND FOREVER DEFEND, all and singular the
Property, subject to the matters stated herein, unto the Grantee, its successors and assigns, against
every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through
or under Grantor, but not otherwise.
HOU:3088125.2
J
Return to: Refum to:
Sari LaGrone Ia oo171fPr t '"I
^
CHARTER TITLE COMPANY . COMPANY
4265 San Felipe, Suite 359 lia ...., ,
Houston, TX 77027
—163—
Lot 24
EXCEPT AS EXPRESSLY PROVIDED IN THE PURCHASE AGREEMENT
BETWEEN GRANTOR AND GRANTEE DATED JANUARY 6, 2011, GRANTEE
ACKNOWLEDGES AND AGREES THAT GRANTOR. HAS NOT MADE, AND
SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES,
COVENANTS, AGREEMENTS OR GUARANTEES OF ANY KIND OR CHARACTER
WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST,
PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO: (1) the nature,
quality or condition of the property, including without limitation, the water, soil and geology; (ii)
the income to be derived from the property; (iii) the suitability of the property for any and all
activities and uses which Grantee may conduct thereon; (iv) the compliance of or by the property
or its operation with any laws, rules, ordinances or regulations, of any applicable governmental
authority or body; (v) the habitability, merchantability or fitness for a particular purpose of the
property. EXCEPT AS EXPRESSLY PROVIDED IN THE PURCHASE AGREEMENT
BETWEEN GRANTOR AND GRANTEE DATED JANUARY 6, 2011, GRANTEE
ACKNOWLEDGES AND AGREES THAT GRANTOR HAS NOT MADE NOR GIVEN ANY
REPRESENTATIONS REGARDING: (1) solid waste, as defined by the Texas Solid Waste
Disposal Act and the regulations adopted thereunder; (ii) the disposal of or existence of in or on
the property, of any hazardous substance. Hazardous substance shall mean any substance which
(at any time) shall be listed as "hazardous" or "toxic" in the regulations implementing the
Comprehensive Environmental Response, Compensation and Liability Act ( "CERCLA "), 42
U.S.C. 9601 et seq., the Resource Conservation and Recovery Act ( "RCRA "), 42 U.S.C. 6901 et
seq., or which has been or shall be determined at any time by any agency or court to be a
hazardous or toxic substance regulated under Applicable Law. The term "Hazardous Substance"
shall also include, without limitation, raw materials, building components, the products of any
manufacturing or other activities on the subject property, wastes, petroleum, and source, special
nuclear or byproduct material as defined by the Atomic Energy Act of 1954, as amended (42
U.S.C. 3011, et seq., as amended).
Grantee further acknowledges and agrees that Grantee or Grantee's agents have
inspected the property and is relying solely on Grantee or Grantee's agents investigation of the
property by Grantee or Grantee's agents and not on any information provided or to be provided
by Grantor. Grantee acknowledges and agrees that any information provided or to be provided
with respect to the property was obtained from a variety of sources and that Grantor has not
made any independent investigation or verification of such information and makes no
representations as to the accuracy or completeness of such information. EXCEPT AS
EXPRESSLY PROVIDED IN THE PURCHASE AGREEMENT BETWEEN GRANTOR AND
GRANTEE DATED JANUARY 6, 2011, GRANTEE FURTHER ACKNOWLEDGES AND
AGREES THAT THE SALE OF THE PROPERTY AS PROVIDED FOR HEREIN IS MADE
ON AN "AS IS, WHERE IS" CONDITION AND BASIS WITH ALL FAULTS.
Whenever the context of this Special Warranty Deed requires, (a) the singular
nouns and pronouns include the plural, (b) any gender includes the other genders and (c) the term
HOU:3088125.2
"successors and assigns" includes legal representatives, heirs, executors, administrators,
successors and assigns.
Any standby fees, taxes and assessments for the current year which are not yet
due and payable have been prorated to the date hereof, and the payment of same is hereby
assumed by the Grantee.
HOU:3088125.2
-165-
EXECUTED on the date of the acknowledgment set forth below to be
EFFECTIVE for all purposes as of the igth day of February, 2011.
GRANTOR:
Cecil R. Payne Jr.
Rebecca L. Payne
Grantee's Address:
Wal-Mart Real Estate Business Trust
2001 S.E. 106 Street
Bentonville, Arkansas 72712 -0550
Attn:.REM — Texas
Reference: Store No. 490 -05
Return to:
Sari Lagrone (GF #1037000019)
Charter Title Company
4265 San Felipe, Suite 350
Houston, Texas 77027
List of Exhibits:
Exhibit A - Property Description
Exhibit B - Permitted Encumbrances
HOU:3088125.2
STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on the 1 ith day of February, 2011 by
CECIL R. PAYNE JR. and wife, REBECCA L. PAYNE.
HOU:3O88125.2
mmcCovyh
b1ic, State of Texas
EXHIBIT A
Legal Description of the Property
All that certain tract or parcel containing 0.250 acre of land in Nueces County, Texas, being part of Lot
24, Lexington Industrial Center, a subdivision of record in Volume 37, Page 9, of the Nueces County Map
Records (NCMR), Lot 24 being conveyed from Martin R. Frey, et ux, to Cecil R. Payne, Jr., et ux, by an
instrument of record in Document #1996005406, of the Nueces County Official Public Records
(NCOPR), said 0.250 acre being more particularly described by metes and bounds as follows, basing
Coordinates and Bearings upon the Texas Coordinate System of 1983 (1993 Adjustment), South Zone, to
wit:
COMMENCING FOR REFERENCE at a 5/8' iron rod found marking the north corner of Lot 24,
Lexington Industrial Center, a subdivision of record in Volume 37, Page 9, NCMR, and most northerly
east corner of a tract which was called 10.366 acres and conveyed from Temet Properties, Ltd., to Wal-
Mart Stores Texas, LP., by an instrument of record in Document # 2006041816, NCOPR, lying in the
southwest right of way (R -O -W) line of South Padre Island Drive, AKA State Highway Number 358
(SPID) approximately 625' northwest of FIour Bluff Drive;
THENCE departing SPID, S 28 °35'07 "W, 174.82 feet along the common line of Lot 24 and said Wal-
Mart tract to a 518" iron rod set for north comer and PLACE OF BEGINNING of the tract described
herein;
THENCE departing said common line, S 61°24'53"E, 96.89 feet crossing Lot 24 to a 518" iron rod set for
east comer, lying in the common Iine of Lot 24 and Lot 25, Lexington Industrial Center, Lot 25 being
conveyed from Flato Brothers Incorporated to Martin R. Frey, et ux, by an instrument of record in Volume
1424, Page 282, Nueces County Deed Records (NCDR) and Martin R. Frey, et ux, to Merwin L. Frey, by
an instrument of record in Document #2010021417, NCOPR;
THENCE S 28 °37'51" W, 100.12 feet along the common line of Lot 24 and Lot 25 to a 5/8" iron rod set
for south corner, being the south corner of Lot 24 and west comer of Lot 25, lying in the most southerly
northeast line of said WaI -Mart tract;
THENCE N 75 °55'42 "W, 100.00 feet along the common line of Lot 24 and said Wal -Mart tract to a 5/8"
iron rod found for west corner, being the west corner of Lot 24 and interior comer of said Wai -Mart tract;
THENCE N 28 °35'07 "E, 125.18 feet along the common line of Lot 24 and said Wal -Mart tract to the
PLACE OF BEGINNING, Containing 0.250 acre of land, more or less. A certified plat has been prepared
under the same job number as a part of this professional service.
HOU:308E 125.2
-168-
Exhibit B
Permitted Exceptions
1. Ten (10) foot Utility Easement within a twenty (20) Building Line across the front of the
subject property and a Seven and one -half (7.5) Utility Easement across the rear all as
shown by the map or plat thereof, recorded in Volume 37, Pages 9 and 10, Map Records
of Nueces County, Texas.
2. Right -of -Way Easement dated January 10, 1941, from Mrs. R. G. Chapman to County of
Nueces, State of Texas, recorded under Clerk's File No. 162311, Volume 269, Page 303,
Deed Records of Nueces County, Texas.
3. Right of Way dated June 20, 1941, from Ruth L. Chapman to Southwestern Bell
Telephone Company, recorded under Clerk's File No. 165323, Volume 270, Page 540,
Deed Records of Nueces County, Texas.
4. Release of Abutters Rights of direct access to the freeway lanes as contained in Right of
Way dated October 19, 1956, executed by Carl Shelton and Elbert S. Cox to the State of
Texas, recorded under Clerk's File No. 470209, Volume 754, Page 415, Deed Records of
Nueces County, Texas.
5. Royalty Deed conveyance dated July 3, 1936, from R.G. Chapman and wife Ruth
Chapman to J. Fred Rayzor, recorded under Clerk's File No. 103193, Volume 29, Page
276 Oil and Gas Records of Nueces County, Texas; together with all rights incident to the
owners and lessees of the minerals.
6. Royalty Deed conveyance dated July 20, 1936, from J. Fred Rayzor to Mart H. Royston,
recorded in Volume 29, Page 324, Oil and Gas Records of Nueces County, Texas;
together with all rights incident to the owners and lessees of the minerals.
7. Royalty Deed conveyance dated March 22, 1937, from Ralph E. Davis to Dandrock
Royalty Company, recorded in Clerk's File No. 113322, Volume 37, Page 200, Oil and
Gas Records of Nueces County, Texas; together with all rights incident to the owners and
lessees of the minerals.
8. Royalty Deed conveyance dated March 22, 1937, from Ralph E. Davis to Sabine
Production Company, recorded in Clerk's File No. 113323, Volume 37, Page 202, Oil and
Gas Records of Nueces County, Texas; together with all rights incident to the owners and
lessees of the minerals.
9. Royalty Deed conveyance dated April 17, 1937, from Joe Ingraham to Guardian Trust
Company of Houston, recorded in Volume 39, Page 153, Oil and Gas Records of Nueces
County, Texas; together with all rights incident to the owners and lessees of the minerals.
HOU:3088125.2
-169-
10. Royalty Deed conveyance dated February 8, 1937, from Joe Ingraham to Ash Robinson,
recorded in Volume 40, Page 542, Oil and Gas Records of Nueces County, Texas;
together with all rights incident to the owners and lessees of the minerals.
11. Royalty Deed conveyance dated February 8, 1937, from Joe Ingraham to Gulf Coast
Royalty Company, recorded in Volume 42, Page 202, Oil and Gas Records of Nueces
County, Texas; together with all rights incident to the owners and lessees of the minerals.
12. Royalty Deed conveyance dated July 1, 1938, from W.T. Moran to Moran Corporation,
recorded in Volume 45, Page 579, Oil and Gas Records of Nueces County, Texas;
together with all rights incident to the owners and lessees of the minerals.
13. Assignment, Conveyance and Bill of Sale mineral conveyance dated May 8, 1997, from
The Marvin J. Moran Trust, et al, recorded in under Clerk's File No. 1997021790,
Official Public Records of Nueces County, Texas; together with all rights incident to the
owners and lessees of the minerals.
14. Special Warranty Mineral Deed conveyance dated January 1, 2008, from The Estate of
Michael R. Moran, Deceased to C. W. Sunday and Allen L. Jogerst, as Trustee of the LJM
Trust, recorded in under Clerk's File No. 2006061743, Official Public Records of Nueces
County, Texas; together with all rights incident to the owners and lessees of the minerals.
15. Special Warranty Mineral Deed conveyance dated July 1, 2006, from C.W. Sunday and
Allen L. Jogerst, as Trustee of the LJM Trust to P.J. Moran Foundation, Ann E. Moran, as
Trustee of the Ann E. Moran Living Trust and Romoka Resources LLC, recorded in
under Clerk's File No. 2009047298, Official Public Records of Nueces County, Texas;
together with all rights incident to the owners and lessees of the minerals.
16. Special Warranty Mineral Deed conveyance dated January 1, 2009, from C.W. Sunday
and Allen L. Jogerst, as Trustee of the LJM Trust to Mayan Oil & Gas, LLC, recorded in
under Clerk's File No. 2010018120, Official Public Records of Nueces County, Texas;
together with all rights incident to the owners and lessees of the minerals.
17. Royalty Deed conveyance dated August 11, 1938, from Ash Robinson to Walter L.
Conover, Trustee, recorded in Volume 47, Page 136, Oil and Gas Records of Nueces
County, Texas; together with all rights incident to the owners and lessees of the minerals.
18. , Royalty Deed conveyance dated March 30, 1939, from Ash Robinson and Walter L.
Conover, Trustee to Walter L. Conover, Individually, recorded in Volume 50, Page 258,
OiI and Gas Records of Nueces County, Texas; together with all rights incident to the
owners and lessees of the minerals.
19. Royalty Deed conveyance dated April 19, 1939, from Walter L. Conover to Winston Paul,
recorded in Volume 52, Page 545, Oil and Gas Records of Nueces County, Texas;
together with all rights incident to the owners and lessees of the minerals.
HOU:3088125.2
-170-
20. Royalty Deed conveyance dated May 1, 1956, from The First National Bank of
Galveston, Texas, et al, to John R. Brown, Jr. and Mary Elizabeth Eikel, recorded in
Volume 152, Page 1, Oil and Gas Records of Nueces County, Texas; together with all
rights incident to the owners and lessees of the minerals.
21. Reservation by Grantor of all oil, gas and other minerals as to "Surface Estate only" in
Warranty Deed dated April 14, 1956, from Aileen Chapman Wray, et al to Carl Shelton
and Elbert S. Cox, recorded under Clerk's File No. 466451, Volume 747, Page 486, Deed
Records of Nueces County, Texas, together with all right incident to the owners and
lessees of the minerals.
HOU:3088125.2
-171-
Dor_e 201 100635 5
4 Poses 9
' :2/23/2011 10:36Ati
Official Records of
NIECES COUNTY
DIANA T. BARRERA
COUNTY CLERK
Fees M7.00
runs provision herein which restricts the Sttler
Rental or use of the described
REAL PROPERTY because of Racer Color,
Relisian, Sexy Handicap, Familial Status, or
National Orisin is invalid and unenforceable_
under FEDERAL LAW, 3/12/89.
STATE OF TEXAS
COUNTY OF HEM
I hereby certifs that this instrument was FILED
in file number sequence on the date and at the
time stamped herein ba me, and was dul9 RECORDED
in the Official Public Records of
Nueces Cai_+nt 9 r Texas
Diana T. Barrera
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY
INSTRUMENT THAT TRANSFERS AN IN'T'EREST IN REAL PROPERTY BEFORE IT IS
FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR
YOUR DRIVER'S LICENSE NUMBER.
THE STATE OF TEXAS
COUNTY OF NLJECES
SPECIAL WARRANTY DEED
§
KNOW ALL PERSONS BY THESE PRESENTS:
034:36, 20iI.1 uU4 -28
That MARTIN R. FREY and wife, DEMARIOUS K. FREY and MERWIN L.
FREY, not joined herein by his spouse as not part of the hereafter described property is any part
of their homestead, collectively ( "Grantor "), for and in consideration of the sum of TEN AND
NO/100 DOLLARS ($10.00) and other good and valuable consideration paid to Grantor by
WAL -MART REAL ESTATE BUSINESS TRUST, a Delaware statutory trust ( "Grantee "),
whose address is set forth below, the receipt and sufficiency of which are hereby acknowledged,
subject to the "Permitted Encumbrances" (as defined below), has GRANTED, SOLD AND
CONVEYED and by these presents does hereby GRANT, SELL AND CONVEY unto the
Grantee, all that certain tract of land (the "Land ") lying and being situated in Nueces County,
Texas, described as follows, to -wit:
That certain 0.67 acre tract or parcel of land more particularly described
on Exhibit A, attached hereto and incorporated herein for all purposes;
together with (a) any and all improvements located on the Land, (b) any and all appurtenances
pertaining to the Land, (c) any and all easements, water rights, and other rights and interests, if
any, of Grantor relating to the Land, and (d) all right, title and interest of Grantor, if any, in and
to (i) any and all public roads and streets affecting, crossing, fronting or bounding the Land,
(ii) all reversionary interests, if any, in and to the Land and (iii) any claims for damages or
injuries caused by third parties to such Land prior to the date hereof. The Land, together with the
rights and interests set forth in (a) through (d), inclusive, are herein collectively referred to as the
"Proverty ". Notwithstanding any contrary provisions hereof, Grantor is conveying the rights set
forth in (c) and (d) WITHOUT WARRANTY of any kind, whether express, implied or statutory.
This conveyance is made SUBJECT TO, all and singular, but only to the extent
that the same are currently valid and enforceable against the Property, the "Permitted
Encumbrances ", more particularly set forth in Exhibit B, attached hereto and incorporated herein
for all purposes.
TO HAVE AND TO HOLD the Property, subject to the Permitted Encumbrances,
together with all and singular the rights and appurtenances thereto in anywise belonging unto the
Grantee, its successors and assigns forever; and the Grantor does hereby bind itself, and
Grantor's successors and assi • ns to WARRANT AND FOREVER DEFEND, all and singular
the Property, subject to the matters stated herein, unto the Grantee, its successors and assigns,
against every person whomsoever lawfully claiming or to claim the same or any part thereof, by,
through or under Grantor, but not otherwise.
130U:3081 133.1
—172—
1
Return to: 1{sicv r7 l i i
Sari LaGrane
CHARTER TITLE COMPANY
4266 San Felipe, Suite 350
Houstofl, TX 77027
Lot 25
EXCEPT AS EXPRESSLY PROVIDED IN THE PURCHASE AGREEMENT
BETWEEN GRANTOR AND GRANTEE DATED 'Dec- l , 2010, GRANTEE
ACKNOWLEDGES AND AGREES THAT GRANTOR HAS NOT MADE, AND
SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES,
COVENANTS, AGREEMENTS OR GUARANTEES OF ANY KIND OR CHARACTER
WHATSOEVER, WHETHER. EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST,
PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO: (1) the
nature, quality or condition of the property, including without limitation, the water, soil and
geology; (ii) the income to be derived from the property; (iii) the . suitability of the property for
any and all activities and uses which Grantee may conduct thereon; (iv) the compliance of or by
the property or its operation with any laws, rules, ordinances or regulations, of any applicable
govertunental authority or body; (v) the habitability, merchantability or fitness for a particular
purpose of the property. EXCEPT AS EXPRESSLY PROVIDED IN THE PURCHASE
AGREEMENT BETWEEN GRANTOR AND GRANTEE DATED Pec...2.1 , 2010,
GRANTEE ACKNOWLEDGES AND AGREES THAT GRANTOR HAS NOT MADE NOR
GIVEN ANY REPRESENTATIONS REGARDING: (1) solid waste, as defined by the Texas
Solid Waste Disposal Act and the regulations adopted thereunder; (ii) the disposal of or existence
of in or on the property, of any hazardous substance. Hazardous substance shall mean any
substance which (at any time) shall be listed as "hazardous" or "toxic" in the regulations
implementing the Comprehensive Environmental Response, Compensation and Liability Act
( "CERCLA "), 42 U.S.C. 9601 et seq., the Resource Conservation and Recovery Act ( "RCRA "),
42 U.S.C. 6901 et seq., or which has been or shall be determined at any time by any agency or
court to be a hazardous or toxic substance regulated under Applicable Law. The term
"Hazardous Substance" shall also include, without limitation, raw materials, building
components, the products of any manufacturing or other activities on the subject property,
wastes, petroleum, and source, special nuclear or byproduct material as defined by the Atomic
Energy Act of 1954, as amended (42 U.S.C. 3011, et seq., as amended).
Grantee further acknowledges and agrees that Grantee or Grantee's agents have
inspected the property and is relying solely on Grantee or Grantee's agents investigation of the
property by Grantee or Grantee's agents and not on any information provided or to be provided
by Grantor. Grantee acknowledges and agrees that any information provided or to be provided
with respect to the property was obtained from a variety of sources and that Grantor has not
made any independent investigation or verification of such. information and makes no
representations as to the accuracy or completeness of such information. EXCEPT AS
EXPRESSLY PROVID D IN THE PURCHASE AGREEMENT BETWEEN GRANTOR AND
GRANTEE DATED 2010, GRANTEE FURTHER ACKNOWLEDGES AND
AGREES THAT THE SALE OF THE PROPERTY AS PROVIDED FOR HEREIN IS MADE
ON AN "AS IS, WHERE IS" CONDITION AND BASIS WITH ALL FAULTS.
Whenever the context of this Special Warranty Deed requires, (a) the singular
nouns and pronouns include the plural, (b) any gender includes the . other genders and (c).the term
"successors and assigns" includes legal representatives, heirs, executors, administrators,
successors and assigns.
HOU:3081133.1
—173—
Any standby fees, taxes and assessments for the current year which are not yet
due and payable have been prorated to the date hereof, and the payment of same is hereby
assumed by the Grantee.
EXECUTED on the date of the acknowledgment set forth below to be
EFFECTIVE for all purposes as of the 3 1 day of , 2010.
GRANTOR:
Grantee's Address:
Wal -Mart Real Estate Business Trust
2001 S.E. 10th Street
Bentonville, Arkansas 72712 -0550
Attn: REM — Texas
Reference: Store No. 490 -05
Return to:
Sari Lagrone (GF# 1037000019)
Charter Title Company
4265 San Felipe, Suite 350
Houston, Texas 77027
List of Exhibits:
Exhibit A - Property Description
Exhibit B - Permitted Encumbrances
HOU:3081133.1
Martin R. Frey
—1 7 4—
Demarious K. Frey
MERWIN L. FREY
ikk
By: .I'f /r 1±�►►c!
His Agent and Attorney -in -Fact
artin R. Frey
STATE OF TEXAS
COUNTY OF NUECES
This instrument was aclmowledged before me on the t 7 ;L- day of
2010 by MARTIN R. FREY, individually and as Agent and Attorney -in -Fact for MERWIN R.
FREY.
. STATE OF TEXAS
COUNTY OF NUECES
Notary Public, State of Texas
This instrument was acknowledged before me on the 11) day of
2010 by DEMARIOUS K. FREY.
HOU:3081133.1
UNDA ANN ROBERTS
MY COMMISSION EXPIRES
August 21, 2013
—175—
EXHIBIT A
Legal Description of the Property
All that certain tract or parcel containing 0.67 acres of laud in Nueces County, Texas, being all of
Lot 25, Lexington Industrial Center, a subdivision of the City of Corpus Christi, Nueces County,
Texas, 'as shown by the map or plat thereof recorded in Volume 60, Page 58, Map Records of
Nueces County.
HOU:30 &1133.1
—176—
Exhibit B
Permitted Exceptions
1. Ten (10) foot Utility Easement within a twenty (20) Building Line across the front of the
subject property and a Seven and one -half (7.5) Utility Easement across the rear all as
shown by the map or plat thereof, recorded in Volume 37, Pages 9 and 10, Map Records
of Nueces County, Texas.
2. Right-of-Way Easement dated January 10, 1941, from Mrs. R. G. Chapman to County of
Nueces, State of Texas, recorded under Clerk's File No. 162311, Volume 269, Page 303,
Deed Records of Nueces County, Texas.
3. Right of Way dated June 20, 1941, from Ruth L. Chapman to Southwestern Bell
Telephone Company, recorded under Clerk's File No. 165323, Volume 270, Page 540,
Deed Records of Nueces County, Texas.
4. Release of Abutters Rights of direct access to the freeway lanes as contained in Right of
Way dated October 19, 1956, executed. by Carl Shelton and Elbert S. Cox to the State of
Texas, recorded under Clerk's File No. 470209, Volume 754, Page 415, Deed Records of
Nueces County, Texas.
5. Water Utility Easement dated May 1, 1961, executed by Lexington Industrial Center, Inc.
to Nueces County Water Control and Improvement District No. 2, recorded under Clerk's
File No. 575390, Volume 923, Page 494, Deed Records of Nueces County, Texas; and as
shown by the map or plat thereof, recorded in Volume 60, Page 58, Map Records of
Nueces County, Texas.
6. Royalty Deed conveyance dated July 3, 1936, from R.G. Chapman and wife Ruth
Chapman to J. Fred Rayzor, recorded under Clerk's File No. 103193, Volume 29, Page
276 Oil and Gas Records of Nueces County, Texas; together with all rights incident to the
owners and lessees of the minerals.
7. Royalty Deed conveyance dated July 20, 1936, from J. Fred Rayzor to Mart H. Royston,
recorded in Volume 29, Page 324, Oil and Gas Records of Nueces County, Texas;
together with all rights incident to the owners and lessees of the minerals.
8. Royalty Deed conveyance dated March 22, 1937, from Ralph E. Davis to Dandrock
Royalty Company, recorded in Clerk's File No. 113322, Volume 37, Page 200, Oil and
Gas Records of Nueces County, Texas; together with all rights incident to the owners and
lessees of the minerals.
9. Royalty Deed conveyance dated March 22, 1937, from Ralph E, Davis to Sabine
Production Company, recorded in Clerk's File No. 113323, Volume 37, Page 202, Oil
and Gas Records of Nueces County, Texas; together with all rights incident to the owners
and lessees of the minerals.
110U3081 133,3
--17 7-
10. Royalty Deed conveyance dated April 17, 1937, from Joe Ingraham to Guardian Trust
Company of Houston, recorded in Volume 39, Page 153, Oil and Gas Records of Nueces
County, Texas; together with all rights incident to the owners and lessees of the minerals.
11. Royalty Deed conveyance dated February 8, 1937, from Joe Ingraham to Ash Robinson,
recorded in Volume 40, Page 542, Oil and Gas Records of Nueces County, Texas;
together with all rights incident to the owners and lessees of the minerals.
12. Royalty Deed conveyance dated February 8, 1937, from Joe Ingraham to Gulf Coast
Royalty Company, recorded in Volume 42, Page 202, Oil and Gas Records of Nueces
County, Texas; together with all rights incident to the owners and lessees of the minerals.
13. Royalty Deed conveyance dated July 1, 1938, from W.T. Moran to Moran Corporation,
recorded in Volume 45, Page 579, Oil and Gas Records of Nueces County, Texas;
together with all rights incident to the owners and lessees of the minerals.
14. Assignment, Conveyance and Bill of Sale mineral conveyance dated May 8, 1997, from
The Marvin J. Moran Trust, et al, recorded in under Clerk's File No. 1997021790,
Official Public Records of Nueces County, Texas; together with all rights incident to the
owners and lessees of the minerals.
15. Special Warranty Mineral Deed conveyance dated January 1, 2008, from The Estate of
Michael R. Moran, Deceased to C. W. Sunday and Allen L. Jogerst, as Trustee of the
LIM Trust, recorded in under Clerk's File No. 2006061743, Official Public Records of
Nueces County, Texas; together with all rights incident to the owners and lessees of the
minerals.
16. Special Warranty Mineral Deed conveyance dated July 1, 2006, from C.W. Sunday and
Allen L. Jogerst, as Trustee of the LJM Trust to P.J. Moran Foundation, Ann E. Moran,
as Trustee of the Ann E. Moran Living Trust and Roznoka Resources LLC, recorded in
under Clerk's File No. 2009047298, Official Public Records of Nueces County, Texas;
together with all rights incident to the owners and lessees of the minerals.
17. Special Warranty Mineral Deed conveyance dated January 1, 2009, from C.W. Sunday
and Allen L. Jogerst, as Trustee of the LJM Trust to Mayan Oil & Gas, LLC, recorded in
under Clerk's File No. 2010018120, Official Public Records of Nueces County, Texas;
together with all rights incident to the owners and lessees of the minerals.
18. Royalty Deed conveyance dated August 11, 1938, from Ash Robinson to Walter L.
Conover, Trustee, recorded in Volume 47, Page 136, Oil and Gas Records of Nueces
County, Texas; together with all rights incident to the owners and lessees of the minerals.
19. Royalty Deed conveyance dated March 30, 1939, from Ash Robinson and Walter L.
Conover, Trustee to Walter L. Conover, Individually, recorded in Volume 50, Page 258,
Oil and Gas Records of Nueces County, Texas; together with all rights incident to the
owners and lessees of the minerals.
HOU:30811333
-178-
20. Royalty Deed conveyance dated April 19, 1939, from Walter L. Conover to Winston
Paul, recorded in Volume 52, Page 545, Oil and Gas Records of Nueces County, Texas;
together with all rights incident to the owners and lessees of the minerals.
21. Royalty Deed conveyance dated. May 1, 1956, from The First National Bank of
Galveston, Texas, et al, to John R, Brown, Jr. and Mary Elizabeth Eikel, recorded in
Volume 152, Page 1, Oil and Gas Records of Nueces County, Texas; together with all
rights incident to the owners and lessees of the minerals.
22. Reservation by Grantor of all oil, gas and other minerals as to "Surface Estate only" in
Warranty Deed dated April 14, 1956, from Aileen Chapman Wray, et al to Carl Shelton
and Elbert S. Cox, recorded. under Clerk's File No. 466451; Volume 747, Page 486, Deed
Records of Nueces County, Texas, together with all right incident to the owners and
lessees of the minerals.
Doct : OI 100 2
t Pares 8
Ci2 /07 /2Ci11 1:27AM
Official Records of
NUECES COUNTY
DIANA T. DARRERA
COUNTY CLERK
Fees $4-3.0O
Any provision herein which restricts the Sale!
Rental or use of the described
REAL PROPERTY because of Racer Color!
Relisionr Sext H€andkkan9 Familial Statusp or
National Drisin is invalid and unenforceable
under FEDERAL LAWp 3/12189.
STATE OF TEXAS
COUNTY OF NUECES
1 herds certify that this instrument was FILET?
in file number sequence on tha bate and at the
time stamped herein 6s snap and was dull RECORDED
in the Official Public Records of
Nueces Counts, Texas
Diana T. Barrera
r,+ 7 �I
IHr rtii
—179—
A",03 ("41- 641M44.44..)
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR :`STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY
INSTRUMENT; THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS
FILED FOR RECORD IN '1'tiL+'. PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR
YOUR DRIVER'S LICENSE NUMBER.
THE STATE OF TEXAS
COUNTY OF NUECES
SPECIAL WARRANTY DEED
§
Dios 2011006.354
KNOW ALL PERSONS BY THESE PRESENTS:
That FIRST NATIONAL BANK ( "Grantor "), for and in consideration of the sum
of TEN AND NO /100 DOLLARS ($10.00) and other good and valuable consideration paid to
Grantor by WAL-MART REAL ESTATE BUSINESS TRUST, a Delaware statutory trust
( "Grantee "), whose address is set forth below, the receipt and sufficiency of which are hereby
acknowledged, subject to the "Permitted Encumbrances" (as defined below), has GRANTED,
SOLD AND CONVEYED and by these presents does hereby GRANT, SELL AND CONVEY
unto the Grantee, all that certain tract of land (the "Land ") lying and being situated in Nueces
County, Texas, described as follows, to -wit:
That certain 0.139 acre tract or parcel of land more particularly described
on Exhibit A, attached hereto and incorporated herein for all purposes;
together with (a) any and. all improvements located on the Land, (b) any and all appurtenances
pertaining to the Land, (c) any and all easements, water rights, and other rights and interests, if
any, .of-Grantorielating to the Land, and (d) all right, title and interest of Grantor, if any, in and
to (i) any and all public roads and streets affecting, crossing, fronting or bounding the Land,
(ii) all reversionary interests, if any, in and to the Land and (iii) any claims for damages or
injuries caused by third parties to such Land prior to the date hereof. The Land, together with the
rights and interests set forth in (a) through (d), inclusive, are herein collectively referred to as the
"Property ". Notwithstanding any contrary provisions hereof, Grantor is conveying the rights set
forth in (c) and (d) WITHOUT WARRANTY of any kind, whether express, implied or statutory.
This conveyance is made SUBJECT TO, all and singular, but only to the extent
that the same., .are currently valid and enforceable against the Property, the "Permitted
Encumbrances.' .more particularly set forth in Exhibit B, attached :hereto and incorporated herein
for all purposes.
TO HAVE AND TO HOLD the Property, subject to the Permitted Encumbrances,
together with all and singular the rights and appurtenances thereto in anywise belonging unto the
Grantee, its successors and assigns forever; and the Grantor does hereby bind itself, and
Grantor's successors and assigns to WARRANT AND FOREVER DEFEND, all and singular
the Property, subject to the matters stated herein, unto the Grantee, its successors and assigns,
against every person whomsoever lawfully claiming or to claim the same or any part thereof, by,
through or under Grantor, but not otherwise.
EXCEPT AS EXPRESSLY PROVIDED IN THE PURCHASE AGREEMENT
BETWEEN GRANTOR AND GRANTEE DATED JANUARY 21, 2011, GRANTEE
ACKNOWLEDGES AND AGREES THAT GRANTOR HAS NOT MADE, AND
HOU:3088222.2
-180-
/Return to: l03 ot71 ! C.
Sad LaGmne g0
CHARTER TITLE COMPANY
4263 San Felipe, Suite 350
Houston, TX 77027
Lot 26R
7
SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES,
COVENANTS, AGREEMENTS OR GUARANTEES OF ANY KIND OR CHARACTER
WHATSOEVER, WHETHER EXPRESS OR .IMPLIED, ORAL OR. WRITTEN, PAST,
PRESENT OR FUTURE, OF AS TO, CONCERNING OR WITH RESPECT TO: (1) the
nature, quality or condition of the property, including without limitation, the water, soil and
geology; (ii) the income to be derived from the property; (iii) the suitability of the property for
any and all activities and uses which Grantee may conduct thereon; (iv) the compliance of or by
the property or its operation with any laws, rules, ordinances or regulations, of any applicable
governmental authority or body; (v) the habitability, merchantability or fitness for a particular
purpose of the property. EXCEPT AS EXPRESSLY PROVIDED IN THE PURCHASE
AGREEMENT BETWEEN GRANTOR AND GRANTEE DATED JANUARY 21, 2011,
GRANTEE ACKNOWLEDGES AND AGREES THAT GRANTOR HAS NOT MADE NOR
GIVEN ANY REPRESENTATIONS REGARDING: (i) solid waste, as defined by the Texas
Solid Waste Disposal Act and the regulations adopted thereunder; (ii) the disposal of or existence
of in or on the property, of any hazardous substance. Hazardous substance shall mean any
substance which (at any tune) shall be listed as "hazardous" or "toxic" in the regulations
implementing the Comprehensive Environmental Response, Compensation and Liability Act
( "CERCLA "), 42 U.S.C. 9601 et seq., the Resource Conservation and Recovery Act ( "RCRA "),
42 U.S.C. 6901, .et seq., or which has been or shall be determined at any time by any agency or
court to be a hazardous or toxic substance regulated under Applicable Law. The term
"Hazardous Substance" shall also include, without limitation, raw materials, building
components, the products of any manufacturing or other activities on the subject property,
wastes, petroleum, and source, special nuclear or byproduct material as defined by the Atomic
Energy Act of 1954, as amended (42 U.S.C. 3011, et seq., as amended).
:Grantee further acknowledges and agrees that Grantee or Grantee's agents have
inspected the property and is relying solely on Grantee or Grantee's agents investigation of the
property by Grantee or Grantee's agents and not on any information provided or to be provided
by Grantor. Grantee acknowledges and agrees that any information provided or to be provided
with respect to the property was obtained from a variety of sources and. that Grantor has not
made any independent investigation or verification of such . information and makes no
representations as to the accuracy or completeness of such information. EXCEPT AS
EXPRESSLY PROVIDED IN THE PURCHASE AGREEMENT BETWEEN GRANTOR AND
GRANTEE DATED JANUARY 21, 2011, GRANTEE FURTHER ACKNOWLEDGES AND
AGREES THAT THE SALE OF THE PROPERTY AS PROVIDED FOR HEREIN IS MADE
ON AN "AS IS, WHERE IS" CONDITION AND BASIS WITH ALL FAULTS.
Whenever the context of this Special Warranty .Deed requires, (a) the singular
nouns and pronouns include the plural, (b) any gender includes the other genders and (c) the term
"successors and assigns" includes legal representatives, heirs, executors, administrators,
successors and assigns.
Any standby fees, taxes and assessments for the current year which are not yet
due and payable have been prorated to the date hereof, and the payment of same is hereby
assumed by the Grantee.
HOU:3088222.2
—181—
EXECUTED on the date of the acknowledgment set forth below to be
EFFECTIVE for all purposes as of the day of February, 2011.
Grantee's Address:
Wal -Mart Real Estate Business Trust
2001 S.E. 10`h "Street
Bentonville, Arkansas 72712 -0550
Attn: REM — Texas
Reference: Store No. 490 -05
Return to:
Sari Lagrone (GF #1037000019)
Charter Title Company
4265 San Felipe, Suite 350
Houston, Texas 77027
List of Exhibits:
Exhibit A - Property Description
Exhibit B - Permitted Encumbrances
HOU:3088222.2
GRANTOR:
FIRST NATIONAL BANK
By: (�
Name: 1.` ,
Title:
-182-
J
STATE OF TEXAS
COUNTY OF NUECES
§
This instrument was acknowledged before me on the 1 ' day of February 2011 by
cgt sett bQ Iii the ''.e s ide v* of First National Bank, a national association, on behalf of
said association.
4 a ;.kESTHER :BIANCO
ti
4 ' , `B ry eulikState.of Texa?
" ..Corinisslan Expires
HOU 30882222
—183—
-4atiletPecaf-c4,0
Notary Public, State of Texas
EXHIBIT A
Legal Description of the Property
All that certain tract or parcel containing 0.139 acre of land in Nueces County, Texas, being part of Lot
26R, Lexington Industrial Center, a subdivision of record in Volume 64, Page 216, of the Nueces County
Map Records (NCMR), Lot 26R being conveyed as Lot 26 thru Lot 29, from Jugador, Inc, to First
National Bank, by an instrument of record in Document # 2001039325, Nueces County Official Public
Records ( NCOPR), said 0.139 acre being more particularly described by metes and bounds as follows,
basing Coordinates and Bearings upon the Texas Coordinate System of 1983 (1993 Adjustment), South
Zone, to wit:
COMMENCING FOR REFERENCE at a 5/8" iron rod found marking the north corner of Lot 24,
Lexington Industrial Center, a subdivision of record in Volume 37, Page 9, NCMR, and most northerly
east cog& of a tract which was called 10.366 acres and conveyed from Temet Properties, Ltd., to Wal-
Mart Stores Texas, LP., by an instrument of record in Document # 2006041816, NCOPR, lying in the
southwest right of way (R -O -W) line of South .Padre Island Drive, AKA State Highway Number 358
(SPID) approximately 625' northwest of Flour Bluff Drive;
THENCE S 75 °58'•37 "E, 200.06 feet long the common line of Lot 24, Lot 25 and southwest R -O -W line
of SPID to a point; for the east Ylig of Lot 25 and north corner of Lot 26R, Lot 25 being conveyed from
Elato Brothers Incorporated to Martin R. Frey, et ux, by an instrument: of record in Volume 1424, Page
282, Nueces County Deed Records (NCDR) and one -half undivided interest in Lot 25 from Martin R.
Frey, et ux to Mervin L. Frey, by an instrument of record in Document #2010021417, NCOPR;
THENCE departing SPID, S 28 °35' 15 "W, along the common line of Lot 25 and Lot 26R, at 1.10 feet
pass a 5/8" iron rod found and continuing along said common line for a distance in all of 225.12 feet to a
5/8" iron rod set for north corner and PLACE OF BEGINNING of the tract described herein;
THENCE departing said common line, 5 6I °24'53 "E, 96.78 feet crossing Lot 26R to a 5/8" iron rod set
for east corner;
THENCE 5 28°33'13"W, 50,00 feet to a 5/8" iron rod found for south comer, lying in the common line
of Lot 26R and said Wal -Mart tract, also being the common comer of the original Lot 26 and Lot 27,
Lexington Industrial Center, Volume 37, Page 9, NCMR;
THENCE N 75 °55'42 "W, 100.00 feet along the common line of Lot 26R and said Wal -Mart tract to a
5/8" iron rod set for west corner, being the west comer of Lot 26R and south corner of Lot 25;
THENCE N 28 °35'15 "E, 75.06 feet along the common line of Lot 25 and Lot 26R to the PLACE OF
BEGINNING, Containing 0.139 acre of land, more or less.
HOU:3088222.2
—184—
Exhibit B
Permitted Exceptions
1. Seven and one -half (7.5) foot utility easement across the rear; fifteen (15) foot utility
easement along the Northwesterly side, adjacent to Lot 25; five (5) foot S.W.E. and
fifteen (15) foot utility easement within a twenty (20) foot yard requirement across the
front, all as shown. by the map or plat thereof, recorded in Volume 64, Page 216, Map
Records of Nueces County, Texas.
2. Right-of-Way Easement dated January 10, 1941, from Mrs. R. G. Chapman to County of
Nueces, State of Texas, recorded under Clerk's File No. 162311, Volume 269, Page 303,
Deed Records of Nueces County, Texas.
3. Right of Way dated June 20, 1941, from Ruth L. Chapman to Southwestern Bell
Telephone Company, recorded under Clerk's File No. 165323, Volume 270, Page 540,
Deed Records of Nueces County, Texas.
4. Release :of Abutters Rights of direct access to the freeway lanes as contained in Right of
Way dated October 19, 1956, executed by Carl Shelton and Elbert S. Cox to the State of
Texas, recorded under Clerk's File No. 470209, Volume 754, Page 415, Deed Records of
Nueces County, Texas.
5. Royalty Deed conveyance dated July 3, 1936, from R.G. Chapman and wife Ruth
Chapman to J. Fred Rayzor, recorded under Clerk's File No. 103193, Volume 29, Page
276 0.11 and Gas Records of Nueces County, Texas; together with all rights incident to the
owners and lessees of the minerals.
6. Royalty Deed conveyance dated July 20, 1936, from J. Fred Rayzor to Mart H. Royston,
recorded in Volume 29, Page 324, Oil and Gas Records of Nueces County, Texas;
together with all rights incident to the owners and lessees of the minerals.
7. Royalty Deed conveyance dated March 22, 1937, from Ralph E. Davis to Dandrock
Royalty.: Company, recorded in Clerk's File No. 113322, Volume 37, Page 200, Oil and
Gas Records of Nueces County, Texas; together with all rights incident to the owners and
lessees of the minerals.
8. Royalty Deed conveyance dated March 22, 1937, from Ralph E. Davis to Sabine
Production Company, recorded in Clerk's File No. 113323, Volume 37, Page 202, Oil
and Gas.Records of Nueces County, Texas; together with all rights incident to the owners
and lessees of the minerals.
9. Royalty Deed conveyance dated April 17, 1937, from Joe Ingraham to Guardian Trust
Company of Houston, recorded in Volume 39, Page 153, Oil and Gas Records of Nueces
County, Texas; together with all rights incident to the owners and lessees of the minerals.
HOU:3088222.2
-185-
10. Royalty Deed conveyance dated February 8, 1937, from Joe Ingraham to Ash Robinson,
recorded in Volume 40, Page 542, Oil and Gas Records of Nueces County, Texas;
together with all rights incident to the owners and lessees of the minerals.
11. Royalty Deed conveyance dated February 8, 1937, from Joe Ingraham to Gulf Coast
Royalty Company, recorded in Volume 42, Page 202, .Oil and Gas Records of Nueces
County, Texas; together with all rights incident to the owners and lessees of the minerals.
12. Royalty Deed conveyance dated July 1, 1938, from W.T. Moran to Moran Corporation,
recorded in Volume 45, Page 579, Oil and Gas Records of Nueces County, Texas;
together, with all rights incident to the owners and lessees of the minerals.
13. Assignment, Conveyance and Bill of Sale mineral conveyance dated May 8, 1997, from
The Marvin J. Moran Trust, et al, recorded in under Clerk's File No. 1997021790,
Official Public Records of Nueces County, Texas; together with all rights incident to the
owners and lessees of the minerals.
14. Special Warranty Mineral Deed conveyance dated January 1, 2008, from The Estate of
Michael R. Moran, Deceased to C. W. Sunday and Allen L. Jogerst, as Trustee of the
LJM Trust, recorded in under Clerk's File No. 2006061743, Official Public Records of
Nueces .County, Texas; together with all rights incident to the owners and lessees of the
minerals.
15. Special Warranty Mineral Deed conveyance dated July 1, 2006, from C.W. Sunday and
Allen L. Jogerst, as Trustee of the LJM Trust to P.J. Moran Foundation, Ann E. Moran,
as Trustee of the Ann E. Moran Living Trust and Romoka Resources LLC, recorded in
under Clerk's File No. 2009047298, Official Public Records of Nueces County, Texas;
together with all rights incident to the owners and lessees of the minerals.
16. Special Warranty Mineral Deed conveyance dated January 1, 2009, from C.W. Sunday
and Allen L. Jogerst, as Trustee of the LJM Trust to Mayan Oil & Gas, LLC, recorded in
under Clerk's File No. 2010018120, Official Public Records of Nueces County, Texas;
together with all rights incident to the owners and lessees of the minerals.
17. Royalty Deed conveyance dated August 11, 1938, from Ash Robinson to Walter L.
Conover, Trustee, recorded in Volume 47, Page 136, Oil and Gas Records of Nueces
County, Texas; together with all rights incident to the owners and Iessees of the minerals.
18. Royalty Deed conveyance dated March 30, 1939, from Ash Robinson and Walter L.
Conover, Trustee to Walter L. Conover, Individually, recorded in Volume 50, Page 258,
Oil and Gas Records of Nueces County, Texas; together with all rights incident to the
owners and lessees of the minerals.
19. Royalty Deed conveyance dated April 19, 1939, from Walter L. Conover to Winston
Paul, recorded in Volume 52, Page 545, Oil and Gas Records of Nueces County, Texas;
together with all rights incident to the owners and lessees of the minerals.
HOU:30 &8222.2
-186-
20. Royalty Deed conveyance dated May 1, 1956, from The First National Bank of
Galveston, Texas, et al, to John R. Brown, Jr. and Mary Elizabeth Eikel, recorded in
Volume 152, Page 1, Oil and Gas Records of Nueces County, Texas; together with all
rights incident to the owners and lessees of the minerals.
21. Reservation by Grantor of all oil, gas and other minerals as to "Surface Estate only" in
Warranty Deed dated April 14, 1956, from Aileen Chapman Wray, et al to Carl Shelton
and Elbert S. Cox, recorded under Clerk's File No. 466451, Volume 747, Page 486, Deed
Records of Nueces. County, Texas, together with all right incident to the owners and
lessees of the minerals.
HOU:3088222.2
—187—
Doc0 201 .006354
0Pases8
O2/23/2011 103601
Official Records of
irUECES COUNTY
DIANA T. BARRERA
COUNTY CLERK
Fees 143.40
Ann provision herein which restricts the Sale,
Rental or use of the described
REAL PROPERTY because of Racer Co1arl
Relisianr Sec, Handicaps Familial Status, or
National Crisin is invalid and unenforceable
under FEDERAL LAW! 3/12/89.
STATE OF TEXAS
COUNTY OF NIJECES
T herebs certifs that this instrument was FILER
in file number sequence on the date and at the
time stamped herein bs meg and was dull RECORDED
in the Official Public Records of
Nueces Count Texas
Diana T. Pnrrera
13
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: March 8, 2011
AGENDA ITEM: Ordinance authorizing the City Manager, or designee, to execute an
amendment to the MMD Communications Agreement regarding the 2011 Boat Show Event
at Peoples Street T -head, to amend term from ten days to eight days (April 4 through April
11, 2011) and rent fees from $30,000 to $18,000; and declaring an emergency.
ISSUE: The agreement between the City and MMD Communications states that both parties would
re- negotiate the fees in 2010 for the future events beginning with the 2011 event. This ordinance
amends the current agreement to address the fees for 2011 and also to reduce the term from ten
days to eight days for 2011.
REQUIRED COUNCIL ACTION: Council action is necessary to amend the agreement.
PREVIOUS COUNCIL ACTION: Council approved the MMD Communications Agreement on
February 12, 2008,
CONCLUSION AND RECOMMENDATION: Staff recommends the approval of the amendments to
the MMD Communication Agreement.
•
Margie C. '' ose
Assistant City Manager
margier[)cctexas.com
361.826.3232
Attachments
ORDINANCE
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE AN
AMENDMENT TO THE MMD COMMUNICATIONS AGREEMENT
REGARDING THE 2011 BOAT SHOW EVENT AT PEOPLES STREET T-
HEAD, TO AMEND TERM FROM TEN DAYS TO EIGHT DAYS (APRIL 4
THROUGH APRIL 11, 2011) AND RENT FEES FROM $30,000 TO $18,000;
AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager, or designee, is authorized to execute an amendment to the
MMD Communications agreement regarding the 2011 Boat Show event at Peoples Street T-
Head, to amend term from ten days to eight days (April 4 through April 11, 2011) and rent
fees from $30,000 to $18,000. A copy of the amendment will be filed in the office of the City
Secretary.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs and (2)
suspends the Charter rule that requires consideration of and voting upon ordinances at two
regular meetings so that this ordinance is passed and takes effect upon first reading as an
emergency measure this the day of , 2011.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary Joe Adame, Mayor
Legal �foorm approved March 2, 2011
By: aC ..v. =7
Lisa Aguilar, A- ant City Attorney
for City Attorney
Corpus Christi, Texas
Day of , 2011
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
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla G. Leal
John E. Marez
Nelda Martinez
Mark Scott
Linda Strong
AMENDMENT TO AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND
MMD COMMUNICATIONS
THIS Amendment is made and entered into this day of February, 2011 by the CITY
OF CORPUS CHRISTI, a municipal corporation and political subdivision of the State of
Texas, hereinafter referred to as "CITY," and MMD Communications, hereinafter referred to as
"Lessee ";
Whereas, the parties previously entered into Agreement approved by City Council on
February 12, 2008 under Ordinance No. 027576 regarding use of Peoples Street T -head for an
annual Boat Show Event sponsored by MMD Communications;
Whereas, the parties desire to amend the agreement for the 2011 Event regarding dates,
insurance and rental fees;
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS for the 2011 Event:
1. Section 2 (B) of the Agreement regarding Term is amended by inserting the underlined
text as follows:
"Section 2. Term; 8 days in April 2007; Two 5 Year Renewals; Effective Date.
(B) Two 5 Year Renewals. City Manager shall renew this Lease for a term of ten (10)
days in April 2008 -12 if City Manager finds that the 2007 Event is successful for City.
However for the 2011 Event, the parties agree to reduce the term to eight (8) days from
April 4, 2011 through 6:00 p.m. April 11, 2011. Further City Manager shall renew this
Lease for a term of ten (10) days in April 2013 -17 if City Manager finds that the 2012
Event is successful for City."
2. Section 6 (B) of the Agreement, regarding Fees, is amended by inserting the underlined
text as follows:
"Section 6 Fees; In Lieu of Marina Rental Fees, Marina Receives Greater of $30,000 or
10% of Net Profits, as defined in Exhibit F.
(A) In consideration of granting Lessee use of the Premises, Lessee must pay City a use
fee of $100. The fee is due and payable upon the City Council's final approval of this
Lease. This fee is in addition to any other use and permit fees required in this lease,
by City Ordinance, or State law.
(B) Lessee must pay to Marina rental fees of $0.01 per square foot per day for all Marina
areas used on the Peoples Street T -Head (excluding areas covered by City leases to
vendors). Also, Lessee must pay to marina rental fees for in -water boat storage of
exhibitor, patrol, medical, and media boats. The rental fees for in -water boat storage
will be controlled and governed by separately executed agreements between Lessee
and the Marina Superintendent. The marina rental fees in this Section 6 (b) will be
billed as an actual and direct cost under Section 7 of this Lease. However, in lieu of
paying these Marina rental fees, Lessee shall pay to Marina the greater of: (1)
1
—194—
$30,000 or (2) 10% of the net profits from all events staged on the Premises,
including but not limited to profits from entry fees, admission fees, concessions, and
exhibitor contracts (including, but not limited to, boat slip fees). Net profits is
defined in the attached Exhibit F. Each annual payment for Marina rental fees is due
within 30 days after end of each exclusive use period for that year. Lesseee must
furnish City certified statements showing Net Profits as defined above. Such
statements shall be certified by the Lessee to be true and correct. The form of such
statements shall be prepared in accordance with generally accepted accounting
procedures and practices in a form prescribed by the Director of Finance. All
underlying documentation for the certified statement including receipts shall be
preserved by Lessee for at least five (5) years. However, for the 2011 Boat Show
Event, the rental fees to be paid by Lessee to the Marina are $18000. The rental fees
for the 2012 Event (and all annual Events thereafter) shall revert to the fees provided
in the Agreement approved by Ordinance 0275766unless otherwise agreed to by the
parties.
(C) Lessee must pay a deposit of five thousand dollars ($5,000) at least one month in
advance of the Event. If paid by check, the check must be a cashier's or certified
check and must be made payable to the City of Corpus Christi. The deposit will be
first used to reimburse the City for any costs incurred for trash pick -up, for the
removal of any structures, or for repairs to City property; provided, however, City
will attempt to provide Lessee with reasonable notification before these expenses are
incurred to allow Lessee to provide the necessary corrective action at Lessee's cost.
If none of these costs are incurred and actual and direct costs are paid as billed, the
deposit will be returned to Lessee within (90) days after the Event.
(D) The parties agree to renegotiate the fees in 2010 for the future Events beginning with
the 2011 Event."
3. The insurance exhibit referenced in Section 16 of the Agreement is replaced with the
attached exhibit.
4. All other terms and conditions of the previously executed Agreement between the parties
which are not inconsistent herewith shall continue in full force and effect.
IN WITNESS WHEREOF, the parties hereto have themselves or through their duly authorized
officers executed this Agreement, to be effective after final approval by City Council.
EXECUTED IN DUPLICATE ORIGINALS this _day of Mt fai , 2011, by the
authorized representative of the parties.
2
—195—
City of Corpus Christi
By:
Name:
Title:
Date:
Attest:
By:
Armando Chapa, City Secretary
APPROVED AS TO LEGAL FORM THIS 3 DAY OF k , 2011:
Lisa Aguilar, istant City Attorney
For the City Attomey
MMD Co
By:
Name:
Title:
Date:
F2 V f
PrQSid�P�
3z.1 (
3
—1 9 6—
EXHIBIT
1. INSURANCE REQUIREMENTS
A. Lessee must not commence work under this Lease until all insurance required herein has been
obtained and such insurance has been approved by the City. The Lessee must not allow any
subcontractor to commence work until all similar insurance required of the subcontractor has been
obtained.
B. Lessee must furnish to the Risk Manager, two (2) copies of Certificates of Insurance, showing the
following minimum coverage by insurance company(s) acceptable to the Risk Manager. The City
must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is
required on all applicable policies.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30 -Day Notice of Cancellation, non - renewal, material
change or termination required on all certificates
Bodily Injury and Property Damage
COMMERCIAL GENERAL LIABILITY including:
1. Commercial Form
2. Premises - Operations
3. Products/ Completed Operations Hazard
4. Contractual Liability
5. Broad Form Property Damage
6. Independent Contractors
7. Personal Injury
$1,000,000 COMBINED SINGLE LIMIT
LIQUOR LIABILITY
1. Vendors providing and/ or selling alcohol
$1,000,000 COMBINED SINGLE LIMIT
AUTOMOBILE LIABILITY -- Owned, Non -owned or
rented vehicles
1. Contractors & Subcontractors delivering tents,
stages, bleachers, temporary structures and
other large items
2. Lessee workers and volunteers
$500,000 COMBINED SINGLE LIMIT
AT A MINIMUM , STATUTORY LIMITS of $30,000 /
$60,000 for BODILY INJURY & $25,000 for
PROPERTY DAMAGE
WORKERS' COMPENSATION
EMPLOYERS' LIABILITY
Required if Lessee employs any person other
than himself /herself:
WHICH COMPLIES WITH THE TEXAS WORKERS=
COMPENSATION ACT AND PARAGRAPH II OF
THIS EXHIBIT
$100,000
ACCIDENT POLICY FOR VOLUNTEERS
$5,000 MEDICAL PAYMENTS per PERSON
$10,000 DEATH or DISMEMBERMENT per PERSON
4
—197—
C. In the event of accidents of any kind, Lessee must furnish the Risk Manager with copies of all
reports of such accidents within ten (10) days of the accident.
II. ADDITIONAL REQUIREMENTS
A. Lessee must obtain workers' compensation coverage through a licensed insurance
company obtained in accordance with Texas law. The contract for coverage must be
written on a policy and with endorsements approved by the Texas Department of
Insurance. The workers' compensation coverage provided must be in an amount
sufficient to ensure that all workers' compensation obligations incurred by the Lessee will
be promptly met.
B. Certificate of Insurance:
C.
• The City of Corpus Christi must be named as an additional insured on the
liability coverage and a blanket waiver of subrogation is required on all applicable
policies.
• The name of the event, including exact dates including move -in and move
out dates shall be shown under the Description of Operations/ Locations /
Vehicles/ Special Items.
• At a minimum, a 30 -day written notice to the Risk Manager and Marina
Superintendent of material change, non - renewal, termination or cancellation is
required.
Powerboat and Wakeboard event holders- sponsors must also each provide a
Certificate of Insurance to the City with at a minimum of $500,000 Watercraft
Liability coverage naming the City of Corpus Christi as an additional insured.
2011 International Boat Show ins. req.
2- 11 -11ep Risk Mgmt
5
--19 $ —
14
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: March 08, 2011
AGENDA ITEM:
Motion approving the temporary street closures of the Peoples Street T -head and the northbound
lanes of Shoreline Boulevard (including the medians) from the north curb line of Schatzel Street to
the south right -of -way of Taylor Street, beginning at 6:00 a.m. on Monday, April 04, 2011 and ending
at 5:00 p.m. on Monday, April 11, 2011, for the Texas International Boat Show, pending the
applicant MMD Communications' timely submittal, and the City's receipt, of the required Certificate
of Insurance.
ISSUE: Marion Daly, with MMD Communications, has requested the temporary closure as outlined
above be approved by the City Council for the 2011 Texas International Boat Show pending the
receipt of Certificate of Insurance two weeks prior to the street closure.
REQUIRED COUNCIL ACTION: Street closing permits for large public events and closing of the
water access area requires City Council approval.
PREVIOUS COUNCIL ACTION: City Council approved the street closures for last year's Texas
International Boat Show on March 30, 2010.
CONCLUSION AND RECOMMENDATION: Approval of the motion as presented.
Attachments
Exhibit "A" - Background Information
Exhibit "B" - Site Plan
Exhibit "C" - Street Closure Application
,( Pete Anaya, P.E.
Director of Engineering Services
PeteAn @cctexas.com
826 -3781
-201-
BACKGROUND INFORMATION
The Texas International Boat Show will take place at the Corpus Christi Downtown Marina from April
07, 2011 through April 10, 2011, with up to 400 boats, both in -water and on- shore, ranging in size
from 10 -foot to 100 -foot luxury yachts. Buyers from across Texas, the USA and Mexico, plus
exhibitors from around the world, will combine to create a unique marketplace offering a relaxed and
leisurely environment in which to meet during this four -day event. Already well known as one of the
USA's largest buyers of boats of all shapes and sizes, Texas is preparing to lure back to Corpus
Christ more of the owners who presently sail out of the eastern and western seaboards.
Traffic control devices and required security personnel will be in place to provide for the safety and
transportation needs of both pedestrians and vehicular traffic. All traffic control measures have been
agreed upon under an existing 5 -year lease agreement with the City and its Corpus Christi Municipal
Marina.
The temporary street closures include the closure of the entire Peoples Street T -Head Water
Access Area (encompassing Docks E, F, G, and H in the Marina), including boat slips and other
amenities.
The Boat Show will grant access by a golf cart, free of charge, to those individuals wishing to access
Landry's Restaurant on the Peoples Street T -head.
Ms. Marion Daly, of MMD Communications, has requested the City Council to approve the subject
temporary street closures for the 2011 Texas International Boat Show, pending MMD
Communications' timely submittal and the City's receipt, of the required Certificate of Insurance.
-202-
EXHIBIT "A"
11
11
111
111
111
11
.19,1
MIL
ROPIi
NOAI
p 1�I
r 14,piroltiii4■ 0\0\00t\
nvi 111 \l 1 t\
iElidr Arr- .� "�.rr,����e�
40r -Jmtrir3L4 100 IFiro
100 froo
100 414 001
Atis4 AdAllA="4-44
r
rrr•
SITE PLAN
SUBJECT: TEXAS INTERNATIONAL BOAT SHOW
TEMPORARY STREET & WATER CLOSURE
EXHIBIT " B
Traffic Engineering Div.
Engineering Services Dept.
—203—
I� City o
— . Corpu of
Christi
EXHIBIT "C"
City of Corpus Christi
Department of Engineering Services
Traffic Engineering
APPLICATION FOR
TEMPORARY CLOSURE OF STREET(S) PERMIT
1. Name of Organization Sponsoring Event:
4..k u • 1.
Address: Ate us -Kkc UJdet-`( 1 4*t ..00
City: N. OAcLi`i clEAck4 State: PLOP--TA- Zip: 33(iJ8
Phone #: _Sbt 2.2 ggOg Fax #: S i o (!
Email: ndc l y . Cr)
2. Name of Proposed Event: t42=Kut S I.Nr[ -C-eme - ci( ,FEt __ [ pc-r
3. Date of Planned Event: PRIG... ^7-- 10 a01
4. Key Contact Individual M,ttu0 IkAc `( Phone #: l RS 969 6(aut.
5. Street(s) Requested for Closure, Dates and Times of Day: - DESCRIBE
I TTt- tk\lAa! 1 AILS OP k�S i S1-tek i s 7T(G-
251ATiF et -. of LWI 8P "Ua -rt . I Jc rt-t PSG�t -lT
F1P Li�4`fi yuek--t: nR s -r. irn`a AN.1 horNtb CAc&c8k1 .}
�4.i
vol
"IT-t(-WA -TO S. OO Pev■ i o - T t L 1 'rt-1 4't tL, (-2_0(.k 1+,1clus1 G-
6. Pup ose of Event and Detailed Description of Activities Planned:
-r aidni ), tnti L— r ,tom] 01■•3S eF-. -k. for , r
u
l� -.4.4.1s.�i■_ G .401.._ 16.
1N-,_R c P t,
-
tau
7. List foods and beverages to be served:
' - lec 4c c & C24 ( r a rt cke ScxorLZcl,.
N (tAc -Far. ca`
Page 1 of B
-204-
8. Services Requested by the City:
9. Attach a diagram illustrating in detail the location of booths, stages, restrooms,
first -aid stations, etc., that will be included in the event.
10. Enclose a check or money order for $200 to cover administrative costs of
handling application, payable to the City of Corpus Christi (City Ordinance
#20463, 9120/88).
11. Attach an official letter of transmittal requesting approval of the event at
least (301 day prior to the event date.
12. In consideration of obtaining a permit to close a City street for a public event, the
applicant or sponsoring organization agrees to comply with the following
applicable conditions:
A. Admittance to said event shall be free;
B. All profits derived from the event • = •e for charitable causes;
C. Pay the City four -perc= a = ` Q of the gross receipts derived from event, or
j ie burse costs o t w e curate finane al eords shall be maintained and payment hall
v?‘ be made to the city within sixty (60) days after the event ends.
D. *Provide and maintain an insurance policy with the limits and requirements
shown on the attached Exhibit "A ".
E. *Completion of Indemnification Agreement;
F. *Provision of a traffic control plan for event, to be coordinated with the
Traffic Engineering Division and Police Department. The City shall be
reimbursed for its installation of all traffic signage and barricading
determined by the City to be necessary for safe control of the event.
G. *Require written notice and notice to be given to tenants and building
managers; and posting of same inside entrances to multi- tenant buildings.
This notice is to be furnished and posted a minimum of 2 week prior to the
required City Council meeting at which the motion to approve the
Temporary Street Closure permit will be considered.
H. Provide adequate number of restroom facilities to accommodate the
anticipated public;
I. Obtain the appropriate alcohol and food permits required by State and
Local authorities, at least two (2) weeks prior to the event;
J. All security other than perimeter traffic control shall be provided by
sponsor; security shall consist of off -duty City Police officers, or other type
security officially approved by the City.
Page 2 of 8
-205-
K. All construction of booths, stages, displays, electrical services and
plumbing shall comply with City Codes. The final layout of booths shall be
approved by the Director of Parks and Recreation;
L. Provide for potable water within the event site;
M. Provide first -aid stations;
N. Provide continuous cleaning of the site during the event and return it to
pre -event condition after event ends;
O. Restore any damaged City property promptly after event ends;
P. Coordinate all phases of event with appropriate City departments to insure
a safe and successful event;
Q. Vehicles shall be prohibited from parking on grass areas within the street
right- of-way.
R. No obliteration or defacing of the street surface or sidewalk; except by
chalk markings;
S. All City Noise Abatement Ordinances shall be complied with;
T. Allow for the free passage of emergency vehicles into event area in case
of emergency;
U. Carnival -type rides will not be permitted.
V. Building and Electrical permits for a temporary promotional event,
associated construction and Certificate of Occupancy are required.
*Evidence that these conditions have been met must be presented to the City
Traffic Engineer prior to the request being submitted to the City Council for final
approval.
Event Chairn rganizer.Signature
W t�DN( Goo —c S 0LS
*Sponsoring Organization
Date Submitted
For more information please contact:
The City of Corpus Christi, Traffic Engineering Division at:
Ph: 361- 826 -3547 • Fax: 361 - 826-3545
1201 Leopard St. Corpus Christi TX 78401 * PD Box 9277 Corpus Christi, TX 78469 -9277
Page 3 of 8
—206—
INDEMNITY AGREEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF NUEGES
WHEREAS, Section iii of said standards, entitled Procedure and Permit
Requirements, requires a contractor for a permit to close or block any part of a roadway
to file a statement with the Director of Engineering Services Traffic Engineering Division
indemnifying in the city against all claims or causes of action by reason of or arising .
from the closing or blocking of the roadway pursuant to a permit issued by the City.
Now, . therefore, in consideration for the issuance of a permit to the undersigned
by the City of Corpus Christi, for the purpose of barricading, blocking or closing a street,
alley or other public right-of-way in said City, said permit applicant agrees to indemnify
and safe harmless and defended the City of Corpus Christi, its agents and employees
from any and all claims, lawsuits, demands, liabilities, losses or expenses, including
court costs and reasonable attorney =s fees, for or on account of any injury to any
person, or any death at any time resulting from such injury, or any damages to any
property which arise or may be alleged to have arisen directly or indirectly, as a result of
the granting of this permit.
The Contractor, during the term of operations specified in this Public Right -of-
Way Blockage Permit, will provide and maintain at the Contractor expense,
Comprehensive General Liability insurance coverage with a Contractual Liability
endorsement and with minimum limits of $1,000,000 Combined Single Limit for large
events or $500,000 for small events as required by the Risk Manager of the City of
Corpus Christi pursuant to Ordinance #19277. The City of Corpus Christi will be named
as Additional Insured on the policy. Evidence of required insurance coverage with a
Certificate of insurance furnished to the Traffic Engineering Division prior to the
proposed blockage under this permit.
Witness my (our) hand(s) this Uk A date of ---"---fi'VQ■A..4041 20
Permit Applican Sig tore
& \*IlteNeal.01vicLSKOIKT SHOL\
Company Name
Page 4 of 8
—207—
15
AGENDA MEMORANDUM
DATE: March 08, 2011
SUBJECT: WHITECAP BOULEVARD SPEED LIMIT CHANGES
AGENDA ITEM:
Ordinance amending Section 53 -255 of the code of ordinances to decrease the speed limit
on Whitecap Boulevard between Park Road 22 to Windward Drive, from 40 MPH to 35 MPH
at all times, providing for penalties; providing for severance, and providing for publication.
ISSUE:
Traffic Engineering is requesting to reduce the current speed limit from 40 MPH to 35 MPH on
Whitecap Boulevard beginning at Park Road 22 to Windward Drive, to allow golf carts to be
driven on Whitecap Boulevard for Padre Island residents. Golf carts can be operated on a
public or private beach, or on a approved public highway for which the posted speed limit is no
more than 35 MPH. Golf carts may cross intersections that have a posted speed limit more
than 35 MPH, thus allowing the operator to cross Whitecap Boulevard, onto the beach access.
REQUIRED COUNCIL ACTION: Amending the Code of Ordinances Section 53 -255, requires
City Council Approval.
FUNDING: N/A
RECOMMENDATION: Approval of the motion as presented.
(- 'Pete Anaya, P.E., Director of Engineering Services
PeteAn(c2cctexas. com
826 -3781
Additional Support Material
Exhibit "A" Background Information
Exhibit "B" Site Map
BACKGROUND INFORMATION
REQUEST:
Residents of Padre Island, through the Island Strategic Action Committee, are requesting to be
allowed to operate golf carts on Whitecap Boulevard. Golf carts are operational in approved
streets if the speed limit is no more than 35 MPH. Whitecap Boulevard is a 40 MPH speed zone
from Park Road 22 to Windward Drive. Traffic Engineering is requesting to reduce the current
speed limit from 40 MPH to 35 MPH on Whitecap Boulevard beginning at Park Road 22 to
Windward Drive, to allow golf carts to be driven on Whitecap Boulevard for Padre Island
residents.
ISSUES:
By prior council action, golf carts can be operated on a public or private beach, or on an
approved public highway for which the posted speed limit is no more than 35 MPH. Golf carts
may cross intersections that have a posted speed limit more than 35 MPH, thus allowing the
operator to cross Whitecap Boulevard, onto the beach access.
REVIEWED BY TRANSPORATION ADVISORY COMMITTEE:
The Transportation Advisory Committee met on January 24, 2011 to review the
recommendation and voted to recommend approval to the City Council of the proposed Speed
Zone changes from 40 MPH to 35 MPH for Whitecap Boulevard beginning Park Road 22 to
Windward Drive.
EXHIBIT "A"
Pane 1 of 1
SPEED
LIMIT
35
EXISTING PROPOSED
EXHIBIT `B'
SUBJECT: WHITECAP BLVD.
Traffic Engineering Div.
Engineering Services Dept.
—Z1 ;i-
ORDINANCE
AMENDING SECTION 53 -255 OF THE CODE OF ORDINANCES TO
DECREASE THE SPEED LIMIT ON WHITECAP BOULEVARD
BETWEEN PARK ROAD 22 AND WINDWARD DRIVE FROM 40 MPH
TO 35 MPH AT ALL TIMES; PROVIDING FOR PENALTIES;
PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Section 53 -255 of the City of Corpus Christi Code of Ordinances is
amended to decrease the speed limit on Whitecap Boulevard between Park Road 22
and Windward Drive from 40 mph to 35 mph, at all times, by adding the following
underlined text, as shown:
CHAPTER 53 TRAFFIC
ARTICLE VIII. SCHEDULES
Sec. 53 -255. Schedule VI, Decrease of state law maximum speed.
West Guth Park Roads:
All of the park roads in West Guth Park -20 mph —At all
times
Whitecap Boulevard:
Between Park Road 22 and Windward Drive —35 mph —
At all times
* * *
*
*
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 hereof be given full force and effect for its purpose.
H:1LEG- DIRIVeronica011.ENG11 AGENDA ITEM 51201110308111030811 ORD Amend 53 -255 speed
limit on Whitecap to 35 mph.docx
—214—
SECTION 3. Publication shall be made one time in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 4. Penalties are as provided in Section 53 -55 of the Code of Ordinances.
H:1LEG- DIRlVeronicaO11.ENG11 AGENDA ITEM S1201110308111030811 ORD Amend 53 -255 speed
limit on Whitecap to 35 mph.docx
-215-
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of , 2011, by the following vote:
Joe Adame John E. Marez
Chris N. Adler Nelda Martinez
Larry Elizondo Mark Scott
Kevin Kieschnick Linda Strong
Priscilla G. Leal
That the foregoing ordinance was read for the second time and passed finally on this
the day of , 2011, by the following vote:
Joe Adame John E. Marez
Chris N. Adler Nelda Martinez
Larry Elizondo Mark Scott
Kevin Kieschnick Linda Strong
Priscilla G. Leal
PASSED AND APPROVED, this the day of , 2011.
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: 1iAkik‘
By:
Veronica Ocanas
Assistant City Attorney
for the City Attorney
Joe Adame
Mayor
H:1LEG- DIR1VeronicaO11.ENG11 AGENDA ITEM S1201110308111030811 ORD Amend 53 -255 speed
limit on Whitecap to 35 mph.docx
-216-
16
AGENDA MEMORANDUM
DATE: March 08, 2011
SUBJECT: YORKTOWN BOULEVARD SPEED LIMIT CHANGES
AGENDA ITEM:
Ordinance amending Section 53 -254 of the code of ordinances to increase the speed limit
on Yorktown Boulevard between Weber Road and Everhart Road, from 35 MPH to 40 MPH
at ail times, providing for penalties; providing for severance, and providing for publication.
ISSUE:
The current speed limit for Yorktown Boulevard between Weber Road to Everhart Road is 35
MPH. Traffic Engineering is recommending to increase the posted speed limit speed from 35
MPH to 40 MPH, based on measured speeds, studied accident rate data, and calculated 85th
percentile speed.
REQUIRED COUNCIL ACTION: Amending the Code of Ordinances Section 53 -254, requires
City Council Approval.
FUNDING: N/A
RECOMMENDATION: Approval of the motion as presented.
4'Pete Anaya, P.E., Director of Engineering Services
PeteAn( cctexas.com
826 -3781
Additional Support Material
Exhibit "A" Background Information
Exhibit "B" Site Map
BACKGROUND INFORMATION
REQUEST:
Traffic Engineering is recommending to increase the posted speed limit from 35 MPH to 40
MPH on Yorktown, Boulevard between Weber Road and Everhart Road, based on measured
speeds, studied accident rate date, and calculated 85th percentile speed.
ISSUES:
An investigation was performed on Yorktown Boulevard to evaluate the current posted speed
limit. The investigation included observing the width of the road, surface condition, roadside
development, and traffic accident data. An 85th percentile speed study conducted in May of 2010
indicates most vehicular traffic travel over 40 MPH. The new speed limit will provide orderly flow
of traffic under normal conditions. Based on the current conditions of Yorktown Boulevard and
its arterial classification, raising the speed limit to 40 mph will enhance traffic flow.
REVIEWED BY TRANSPORATION ADVISORY COMMITTEE:
The Transportation Advisory Committee met on January 31, 2011 to review the
recommendation and voted to recommend approval to the City Council of the proposed Speed
Zone changes from 35 MPH to 40 MPH for Yorktown Boulevard beginning at Weber Road to
Everhart Road.
EXHIBIT "A"
Pane 1 of 1
■1/ MINIM
SUBJECT: YORKTOWN BLVD,
Traffic Engineering Div,
Engineering Services Dept.
-221-
ORDINANCE
AMENDING SECTION 53 -254 OF THE CODE OF ORDINANCES TO
INCREASE THE SPEED LIMIT ON YORKTOWN BOULEVARD BETWEEN
WEBER ROAD AND EVERHART ROAD FROM 35 MPH TO 40 MPH AT ALL
TIMES; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE;
AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS;
SECTION 1. Section 53 -254 of the City of Corpus Christi Code of Ordinances is amended to
increase the speed limit on Yorktown Boulevard between Weber Road and Everhart Road
from 35 mph to 40 mph at all times, as shown:
CHAPTER 53 TRAFFIC
ARTICLE VIII. SCHEDULES
Sec. 53 -254. Schedule V, increase of state speed in certain zones.
Yorktown Boulevard:
e. r ■
• - ■
From Weber Road to Everhart Road -40 mph—At all times
From Everhart Road to South Staples Street -40 mph—At all times
From South Staples Street to Sweetbay Drive -45 mph—At all times
From Sweetbay Drive to Laguna Shores Road —35 mph—At all times
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 hereof be given full
force and effect for its purpose.
SECTION 3. Publication shall be made one time in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
H:1LEG- DIR1VeronicaO11.ENG11 AGENDA ITEM S120111030811 1030811 ORD Amend 53 -254 increasing
speed limit on Yorktown, Weber to Everhart, 40 mph.docx
-222-
SECTION 4. Penalties are as provided in Section 53 -55 of the Code of Ordinances.
H:1LEG- DIRIVeronica011.ENG11 A G E N ID A ITEM 51201110308111030811 ORD Amend 53 -254 increasing
speed limit on Yorktown, Weber to Everhart, 40 mph.docx
—223—
That the foregoing ordinance was read for the first time and passed to its second reading on
this the day of , 2011, by the following vote:
Joe Adame John E. Marez
Chris N. Adler Nelda Martinez
Larry Elizondo Mark Scott
Kevin Kieschnick Linda Strong
Priscilla G. Leal
That the foregoing ordinance was read for the second time and passed finally on this the
day of , 2011, by the following vote:
Joe Adame John E. Marez
Chris N. Adler Nelda Martinez
Larry Elizondo Mark Scott
Kevin Kieschnick Linda Strong
Priscilla G. Leal
PASSED AND APPROVED, this the day of , 2011.
ATTEST:
Armando Chapa Joe Adame
City Secretary Mayor
APPROVED as to form: t2A4
By: /\ 1� �
� /Af
Veronica Ocanas
Assistant City Attorney
for the City Attorney
H:1LEG- DIRIVeronica011.ENG11 AGENDA ITEM 51201110308111030811 ORD Amend 53 -254 increasing
speed limit on Yorktown, Weber to Everhart, 40 mph.docx
—224—
17
AGENDA MEMORANDUM
DATE: March 08, 2011
SUBJECT: SHORELINE SPEED LIMIT CHANGES
AGENDA ITEM:
a. Ordinance amending Section 53 -254 of the code of ordinances to adjust the boundary of
the 35 MPH speed limit zone on North and South Shoreline Boulevard to be from Craig
Street to Power Street, 35 MPH at all times; providing for penalties; providing for
severance, and providing for publication.
b. Ordinance amending Section 53 -255 of the code of ordinances to decrease the speed
limit on Shoreline Boulevard from Power Street to the end of the roadway fronting the Art
Museum of South Texas, From 35 MPH to 20 MPH at all times; providing for penalties;
providing for severance, and providing for publication.
ISSUE:
Shoreline Boulevard is currently a 35 MPH speed limit zone beginning at Craig Street to the
Bayfront Science Park as stated in Section 53-254 Schedule V Code of Ordinances. The
opening of Bayfront Park has increased pedestrian traffic along Shoreline Boulevard between
Power Street and Bayfront Science Park. Traffic Engineering is recommending reducing the
speed limit from 35 MPH to 20 MPH at all times, beginning at Power Street to the end of the
roadway fronting the Art Museum of South Texas. Delays to traffic will be negligible when
considering the added safety for pedestrians.
REQUIRED COUNCIL ACTION: Amending the Code of Ordinances Section 53 -254 and
Section 53 -255, requires City Council Approval.
FUNDING: N/A
RECOMMENDATION: Approval of the motion as presented.
4,r Pete Anaya, P.E., Director of Engineering Services
PeteAnc cctexas.com
826 -3781
Additional Support Material
Exhibit "A" Background Information
Exhibit "8" Site Map
BACKGROUND INFORMATION
REQUEST:
The Traffic Engineering Department is recommending a reduction in the speed limit along
Shoreline Boulevard beginning at Power Street to the end of the roadway fronting the Art
Museum of South Texas from 35 MPH to 20 MPH. The opening of Bayfront Park has
increased pedestrian traffic. Currently there are no controlled crosswalks along Shoreline
Boulevard at the intersections of Power Street, Palo Alto Street, Fitzgerald Street, and Resaca
Street. Pedestrians entering the crosswalk cross at their own risk. Reducing the speed limit
from 35 MPH to 20 MPH will provide added safety for pedestrians.
ISSUES:
Delays to traffic will be negligible when considering the added safety for pedestrians.
Pedestrians will be able to identify gaps in traffic easier and will be safer when crossing the
street.
REVIEWED BY TRANSPORATION ADVISORY COMMITTEE:
The Transportation Advisory Committee met on January 24, 2011 to review the
recommendation and voted to recommend approval to the City Council of the proposed Speed
changes for Shoreline Boulevard from 35 MPH to 20 MPH between Power Street to the end of
the roadway fronting the Art Museum of South Texas
EXHIBIT "A"
Pane 1 of 1
SUBJECT: SHORELINE BLVD.
Traffic Engineering Div.
Engineering Services Dept.
-229-
ORDINANCE
AMENDING SECTION 53 -254 OF THE CODE OF ORDINANCES TO
ADJUST THE BOUNDARY OF THE 35 MPH SPEED LIMIT ZONE ON
NORTH AND SOUTH SHORELINE BOULEVARD TO BE FROM CRAIG
STREET TO POWER STREET, 35 MPH AT ALL TIMES; PROVIDING
FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING
FOR PUBLICATION
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Section 53 -254 of the City of Corpus Christi Code of Ordinances is
amended to adjust the boundary of the 35 mph speed limit zone on North and South
Shoreline to be from Craig Street to Power Street, 35 mph, at all times, as shown:
CHAPTER 53 TRAFFIC
ARTICLE VIII. SCHEDULES
* * * * *
Sec. 53 -254. Schedule V, increase of state speed in certain zones.
North and South Shoreline Boulevard:
From Craig Street to Power Street-35 mph, the- Bayfront
Science Park -35 mph, except on the northbound
Shoreline Boulevard from a point 580 feet south of
Park. Avenue to a point 390 feet north of Park Avenue,
25 mph when flashers are operating designating such
speed—All times
*
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 hereof be given full force and effect for its purpose.
SECTION 3. Publication shall be made one time in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 4. Penalties are as provided in Section 53 -55 of the Code of Ordinances.
H:ILEG- DIRIVeronica011.ENG11 AGENDA ITEM S1201110308111030811 ORD Amend 53 -254
adjusting boundary of speed limit on North & South Shoreline.docx
-230-
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of , 2011, by the following vote:
Joe Adame John E. Marez
Chris N. Adler Nelda Martinez
Larry Elizondo Mark Scott
Kevin Kieschnick Linda Strong
Priscilla G. Leal
That the foregoing ordinance was read for the second time and passed finally on this
the day of , 2011, by the following vote:
Joe Adame John E. Marez
Chris N. Adler Nelda Martinez
Larry Elizondo Mark Scott
Kevin Kieschnick Linda Strong
Priscilla G. Leal
PASSED AND APPROVED, this the day of , 2011.
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: '2'x$1 Vi
By:
,,„„o‘
Veronica Ocanas
Assistant City Attorney
for the City Attorney
Joe Adame
Mayor
Fi:ILEG- DIR1Veronica011.ENG11 AGENDA ITEM S1201110308111030811 ORD Amend 53 -254
adjusting boundary of speed limit on North & South Shoreline.docx
—231—
ORDINANCE
AMENDING SECTION 53 -255 OF THE CODE OF ORDINANCES TO
DECREASE THE SPEED LIMIT ON SHORELINE BOULEVARD FROM
POWER STREET TO THE END OF THE ROADWAY FRONTING THE
ART MUSEUM OF SOUTH TEXAS, FROM 35 MPH TO 20 MPH AT ALL
TIMES; PROVIDING FOR PENALTIES; PROVIDING FOR
SEVERANCE; AND PROVIDING FOR PUBLICATION
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Section 53 -255 of the City of Corpus Christi Code of Ordinances is
amended to decrease the speed limit on Shoreline Boulevard, from Power Street to the
end of the roadway fronting the Art Museum of South Texas, from 35 mph to 20 mph, at
all times, by adding the following underlined text, as shown:
CHAPTER 53 TRAFFIC
ARTICLE VIII. SCHEDULES
Sec. 53 -255. Schedule VI, Decrease of state law maximum speed.
Shoreline Avenue:
From Pearl Street to Coastal Avenue-20
mph —At all times
Shoreline Boulevard:
From Power Street to the end of the roadway
fronting the Art Museum of South Texas
—20 mph —At all times
East Shoreline Boulevard:
From a point 588 feet south of the center line of
Park Avenue and from a point 390 feet
north of the center line of Park Avenue
—25 mph —When flashers are operating
designating such speed
H:1LEG- DIRIVeronicaOl1.ENG11 AGENDA ITEM S1201110308111030811 ORD Amend 53-
255 speed limit on Shoreline to 20 mph.docx
-232-
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 hereof be given full force and effect for its purpose.
SECTION 3. Publication shall be made one time in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 4. Penalties are as provided in Section 53 -55 of the Code of Ordinances.
H:1LEG- DIR \VeronicaO\1.ENG11 AGENDA 1T E M S\201110308111030811 ORD Amend 53-
255 speed limit on Shoreline to 20 mph.docx
-233-
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of , 2011, by the following vote:
Joe Adame John E. Marez
Chris N. Adler Nelda Martinez
Larry Elizondo Mark Scott
Kevin Kieschnick Linda Strong
Priscilla G. Leal
That the foregoing ordinance was read for the second time and passed finally on this
the day of , 2011, by the following vote:
Joe Adame John E. Marez
Chris N. Adler Nelda Martinez
Larry Elizondo Mark Scott
Kevin Kieschnick Linda Strong
Priscilla G. Leal
PASSED AND APPROVED, this the day of , 2011.
ATTEST:
Armando Chapa Joe Adame
City Secretary Mayor
APPROVED as to form:
_VA!(57__
Veronica Ocanas
Assistant City Attorney
for the City Attorney
By:
H:\LEG- DIR \VeronicaO\1.ENG11 AGENDA 1T E M S120111030811\030811 ORD Amend 53-
255 speed limit on Shoreline to 20 mph.docx
—234—
18
NO ATTACHMENT FOR THIS ITEM
19
NO ATTACHMENT FOR THIS ITEM
20
AGENDA MEMORANDUM
AGENDA ITEM:
PUBLIC HEARING - ZONING (City Council Action Date: March 8, 2011)
Case No. 0211 -04:
March 8, 2011
J & G Armadillo Bookkeeping: The applicant is requesting a change of zoning
from the "A -2" Apartment House District to the "AB" Professional Office District
resulting in a change of future and use from a medium - density residential use to a
professional office use.
The property to be rezoned is Paul Court, Block 13, Lot 12, located at the
southwest intersection of Lipan Street and Josephine Street.
Planning Commission's and Staff's Recommendation (February 16, 2011): Approval of the applicant's
request for a change of zoning from the "A -2" Apartment House District to the "AB" Professional Office District.
REQUIRED COUNCIL ACTION:
Consideration of approval of Planning Commission's recommendation
Vti.AVA
Juan Perales, Jr., P.E.
Assistant City Manager
Departments of Engineering and Development Services
Email: johnnyp@cctexas.com
Phone: 361 -826 -3828
Attachments:
1. Zoning Report
2. Planning Commission Minutes
3. Ordinance
H:IPLN- DIRISHARED 1. PLANNING COMMISSION 12011 CCIMAR 201110211-04 J & G ARMADILLO'S BOOKKEEPING10211.04 AGENDA MEMO.DOC
-245-
CITY COUNCIL
ZONING REPORT
Case No.: 0211 -04
Planning Commission Hearing Date: February 16, 2011
Applicant &
Legal
Description
Applicant: J & G Armadillo Bookkeeping
Owner: Jeanette Villarreal
Representative: Medina Consultants
Legal Description/Location: Paul Court, Block 13, Lot 12, located at the southwest intersection
of Lipan Street and Josephine Street.
Zoning
Request
From: "A -2" Apartment House District
To: "AB" Professional Office District
Area: 0.16 Acres
Purpose of Request: Allow for a tax preparation office.
Existing Zoning and
Land Uses
Existing Zoning District
Existing Land Use
Future Land Use
Site
"A -2" Apartment House District
Professional Office
Medium Density
Residential
North
"A -2" Apartment House District
Public /Semi- Public
& Low Density
Residential
Medium Density
Residential
South
East
"A -2" Apartment House District
- -
"A -2" Apartment House District
Medium & Low
Density Residential
-- Low Density —
Residential
Medium Density
Residential __
- Medium Density -
Residential
West
"B-4" General Business District
Vacant & Low
Density Residential
Medium Density
Residential
4
w o
ti
o
q
dd
Area Development Plan: The subject property is located in the South Central Area
Development Plan (ADP) and is planned for a medium density residential use. The proposed
change in zoning to the "AB" Professional Office District is not consistent with the South
Central ADP and the adopted Future Land Use Map.
Map No.: 046,044
Zoning Violations: None
Staff's Summary:
• Requested Zoning: The purpose of the "AB" Professional Office District is to allow for a tax
preparation business.
• Transportation and Circulation: The Subject Property is located at the intersection of Josephine
Street a Local Street and Lipan Street a "Cl" Minor Collector.
—246—
City Council Zoning Report •
Case #: 0211 -04 J & G Armadillo Bookkeeping
Page 2
Street R.O.W.
Street
Existing ROW and
Paved Section
Planned ROW and
Paved Section
Urban
Transportation
Plan Type
Traffic
Volume
2007
Josephine Street
60' R.O.W., 50' paved
No Change
Local Street
N/A
Lipan Street
60' R.O.W., 40' paved
No Change
"Cl "Minor
Collector
NIA
• Relationship to Smart Growth:
The proposed rezoning has few positive implications relating to smart growth by means of only
satisfying the goals of using existing infrastructure and proximity to a variety of transportation
choices. The proposed development will place a use that is not compatible with the Future Land Use
map into an established residential neighborhood. The property itself is a single - family residence
that has been converted to an office.
• Comprehensive Plan & South Central Area Development Plan Consistency:
The Comprehensive Plan and the South Central Area Development Plan (ADP) slates the subject
property for medium - density residential uses. The proposed change in zoning is not consistent with
the South Central ADP and the adopted Future Land Use Map of the Comprehensive Plan. The
Comprehensive Plan directs to properly locate land uses based on the compatibility, locational
needs, and characteristics of each use. While the Comprehensive Plan encourages infill development
and the expansion of commercial areas, it requires that the adjacent neighborhoods are protected
from any commercial use, specifically objectionable lights, noises, and nuisances. The
Comprehensive Plan lends some recommendations should also be designed so that the impacts of
automobile intrusion, noise and visual blight on surrounding areas will be minimized. Screening
fences, open space or landscaping can provide an essential buffer between commercial and
residential areas.
Plat Status:
The subject property is platted.
Department Comments:
• The property is located in an area designated for medium- density residential future land use.
Therefore, the proposed professional office is not in compliance with the Comprehensive Plan.
• This property has had a previous change of zoning case in 2008. The case (0708 -03) was granted a
Special Permit with a selection of conditions that had to be met in order to maintain the Special
Permit.
• The conditions of the special permit pertained to: Parking, Screening, Lighting, and Landscaping.
• The required parking as per the special permit was to be calculated per 250 square feet of office
area and the lot shall be constructed of concrete or asphalt. The Screening as per the Special permit
was to be wooden and at least six (6) feet in height along the western and southern property lines.
—247—
City Council Zoning Report
Case #: 0211 -04 7 & G Armadillo Bookkeeping
Page 3
Lighting as per the Special Permit was to be shielded away from neighboring properties. The
required landscaping was mandated to be in compliance with the ordinance in all street yards and
to shield the parking lot from full public view. The special permit had a two year time limit which
expired August 19, 2010.
• None of the requirements of the special permit have ever been installed, therefore the special
permit expired. Furthermore, this is not a commercial business structure, it is a house with an
illegal use occurring.
• Since January 2010, code enforcement has been in contact with the owners to inform them of the
requirements and to come into compliance. Additionally, Code enforcement has requested for the
owners to remove the illegal banners posted on the property.
• The subject property is located within the original town site of the City which incorporated in
1852. The Paul Court subdivision was recorded in 1908 and the existing building was constructed
in 1920 as a single- family residence.
• The adjacent existing "B -4" General Business District was designated to accommodate a "mom
and pop" facility that has been there approximately since the 1930's.
• Minutes from the previous Planning Commission in 2008 emphasized the issue of the multitude of
commercial buildings and office space available in the area. Additionally, the opinion of the
commissioners is that there is no need to start randomly putting businesses in residential
neighborhoods or allowing previously non - conforming uses to come back. The Comprehensive
Plan does not mention the strategy of reviving non - conforming uses.
Planning Commission's and Staffs Recommendation:
Approval of the change of zoning from the "A -2" Apartment House District to the "AB"
Professional Office District.
Number of Notices Mailed Total — 21 within 200' notification area; 0 outside notification area
Favor —1 (inside notification area); 0 (outside notification area)
Opposition — 0 (inside notification area); 0 (outside notification area)
For 0% As of February 23, 2011
Attachments:
1. Site -- Subject Property
2. Site — Existing Zoning, Notice Area, & Ownership
3. Site — Existing Land Use
4. Site — Future Land Use
H:1PLN- DTR1SHAREDI1. Planning Commission12011 CCIMar 2011 10211 -04 7 & G Armadillo's Bookkeeping\CC Zoning Report 0211 -04,7 & G
Armadillo Bookkeeping (A -2 to AB).doc
—248—
6
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7
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HOWARD ST
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CITY HALL
1- 2
CASE: 0211 -04
1. SUBJECT PROPERTY
Subject
Property
CHANNEL
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Corpus Christ! Bay
GNE5
SUBJECT
PROPERTY
—I-LOCATION MAP
s isi
City of
Corpus
—249—
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CASE: 021 1 -04
2. SITE - EXISTING ZONING,
NOTICE AREA & OWNERSHIP
A-1 Apartment House District 1 -1 Limited Industrial Oistdct
AAA Apartment House District 1 -2 Light Industrial District
A-2 Apartment House District 1 -3 Heavy Industrial District
AB Profassicnal Office District PUD Planned Unit Development
AT Apartment - Tourist District R -1A Ons Family Dwelling District
B-1 Neighborhood Business District R -1B One Family Dwelling District
B-1A Neighborhood Business District R•1C One Family Dwelling District
B-2 Beyfront Business District R -2 Multiple Dwelling District
B-2A Brinier Island Business District RA One Family Dwelling District
B-3 Business District RE Residential Estate District
B-4 General Business b]stdct R•TH Townhouse Dwelling District
B-5 Primary Business District SP Special Permit
13-S Primary Business Core District T -4A Travel Trailer Park District
BD Corpus Christi Beach Design Dial. T -1O Manufactured Horne Perk District
F -R Farm Rural District T -1C Manufactured Herne Subdivision
HC Historical-Cultural Landmark District
Preservation
�1 Subject Property O Owners
with with 200' buffer in favor
4 Owners within 200' listed an V 0wners
attached ownership table in opposition
Corpus Christi Bey
CHANNEL
- -LOCATION MAPLE
SUBJECT
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CASE: 0211 -04
3. SITE- EXISTING LAND USE
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—252—
UNAPPROVED MINUTES
REGULAR PLANNING COMMISSION MEETING
Council Chambers - City Hall
February 16, 2011
5:30 P.M.
COMMISSIONERS: STAFF:
Rudy Garza, Chairman Johnny Perales, P.E., Assistant City Manager,
A. Javier Huerta, Vice - Chairman Engineering & Development Services
James Skrobarczyk Faryce Goode Macon, Assistant Director,
Johnny R. Martinez *Arrived at 5:36 p.m.* Development Services
Evon J. Kelly Miguel S. Saldafia, AICP, Senior City Planner
John C. Tamez Lisa Wargo, Senior City Planner
Govind Nadkarni *Absent* Wesley Vardeman, City Planner
Mark Adame Andrew Dimas, City Planner
John Taylor Deborah Brown, Assistant City Attorney
Ashley Satterfield, Recording Secretary
John Bell, Legal Consultant
Elena Juarez Buentello, Planning Technician
Si usted quiere dirigirse a la comision y su ingles es limitado, habra un interprete de espafiol a
ingles en la junta para ayudarle
L CALL TO ORDER
The meeting was called to order by Chairman Garza at 5:34 p.m. and a quorum was declared.
B. ZONING
2. New Zoning
Andrew Dimas, Development Services, presented New Zoning Case No. 0211 -04 J & G
Armadillo's Bookkeeping. Staff recommended approval of the zoning change from the "A -2"
Apartment House District to the "AB" Professional Office District.
d. Case No. 0211 -04 J & G Armadillo Bookkeeping: A change of zoning
from the "A -2" Apartment House District to the "AB" Professional
Office District resulting in a change of future land use from a medium -
density residential use to a professional office use.
The property to be rezoned is Paul Court, Block 13, Lot 12, located at the
southwest intersection of Lipan Street and Josephine Street.
Commissioner Skrobarczyk commented on the subject property being in a transition area.
The public hearing was opened.
Victor Medina, representative, came forward and stated he was present to answer
questions.
The public hearing was closed.
Motion to approve the applicant's request was made by Commissioner Martinez and
seconded by Commissioner Skrobarczyk. Motion passed unanimously with Commissioner
Nadkarni absent.
H:\PLN- DIR\SHARED11. PLANNING COMIMISSION12011 CC MAR 2011 \0211 -04 J & G ARMADILLOS BOOKKEEPOVG\2.16.11 MINUTES EXC.DOC
—253—
Page 1 of 3
ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY
J & G ARMADILLO BOOKKEEPING, BY CHANGING THE ZONING
MAP IN REFERENCE TO PAUL COURT, BLOCK 13, LOT 12,
LOCATED AT THE SOUTHWEST INTERSECTION OF LIPAN STREET
AND JOSEPHINE STREET, FROM THE "A -2" APARTMENT HOUSE
DISTRICT TO THE "AB" PROFESSIONAL OFFICE DISTRICT,
RESULTING IN A CHANGE OF FUTURE LAND USE FROM A MEDIUM -
DENSITY RESIDENTIAL USE TO A PROFESSIONAL OFFICE USE;
AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY
DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN;
PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY;
PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of J & G Armadillo Bookkeeping, for
amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
February 16, 2011, during a meeting of the Planning Commission, and on Tuesday,
March 8, 2011, during a meeting of the City Council, in the Council Chambers, at City
Hall, in the City of Corpus Christi, during which all interested persons were allowed to
appear and be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1.. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on Paul Court, Block 13, Lot 12, located at the
southwest intersection of Lipan Street and Josephine Street, from the "A -2" Apartment
House District to the "AB" Professional Office District resulting in a change of future land
use from a medium - density residential use to a professional office use (Zoning Map
046,044) (Exhibit A - "Planning Commission's and Staff's Recommendation ")
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
H:1 LEG- DIRISharedlLEGAL- DEV.SVCS12011 Agenda13- 8- 111J &G Armadillo Bookkeeping102.23.11.Case No.0211-
040rdina:nce.FiNAL DWI3.doc
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Page 2of3
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. A violation of this ordinance or requirements implemented under this
ordinance constitutes an offense punishable under Section 35 -3 of the Zoning
Ordinance of the City of Corpus Christi.
SECTION 7. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 8. That upon written request of the Mayor or five Council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter rule as to consideration and voting upon ordinances at two
regular meetings so that this ordinance is passed upon first reading as an emergency
measure on this day of , 2011.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa Joe Adame
City Secretary
Mayor, City of Corpus Christi
APPROVED AS TO FORM: Thisolgt4day of 7 17 , 2011
/-ZeWa4
eborah Walther B
Assistant City Attorney
For City Attorney
H:1 LEG- DIR1Shared1LEGAL- DEV.SVCS12011 Agenda13- 8-111) &G Armadillo Bookkeeping102.23.11.Case No.0211-
040rdinance. F I NAL.DW B.doc
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Page 3of3•
Corpus Christi, Texas
day of , 2011
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings. Ilwe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Joe Adame
Mayor, City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Joe Adame
Chris N. Adler
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla G. Leal
John E. Marez
Nelda Martinez
Mark Scott
Linda Strong
H: ILEG- DIRISharedlLEGAL- DEV.SVCS12011 Agenda13- 8- 111.1 &G Armadillo Bookkeeping102.23.11.Case No.0211-
04Ordinance. FI NAL.DWB.doc
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EXHIBIT A
PLANNING COMMISSION'S &
STAFF'S RECOMMENDATION
FROM: A -2
TO: AB
ORDINANCE NO.
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21
RESOLUTION
HONORING ANGEL R. ESCOBAR
WHEREAS, Angel R. Escobar, a native of South Texas, graduated from Texas
A &I University in Kingsville with a Bachelor of Science degree in Civil Engineering in
1972; and
WHEREAS, Angel R. Escobar, distinguished himself as a consultant
Engineer /Surveyor with the firm of Smith and Russo by eventually becoming part owner
of the firm and by serving as Consultant City Engineer for the cities of Portland,
Ingleside, Kingsville and Port Lavaca; and
WHEREAS Angel R. Escobar joined the City of Corpus Christi as Assistant
Director of Engineering Services in 1989, was appointed Director of that department in
1999 and served in that capacity until 2007; and
WHEREAS in November of 2007 Angel R. Escobar was named Interim Assistant
City Manager where he served until being appointed as Interim City Manager in
September of 2008; and
WHEREAS in December of 2008 Angel R. Escobar was appointed to the position
of City Manager for the City of Corpus Christi, and
WHEREAS during his tenure with the City of Corpus Christi, Angel R. Escobar
has personally been involved in several major accomplishments including: the carrying
out of the structural analysis and the implementing of needed repairs at Wesley Seale
Dam in 1996 -1997, spearheading a resolution of the water boil situation in 1997,
aggressively pursuing the completion of projects for the 1986, 2000 and 2004 bond
programs, overseeing the rehabilitation program for the Bayfront Seawall from 2001
through 2007, the successful resolution of the coliseum issue, and negotiating and
executing more than one billion ninety million dollars ($1,090,000,000.00) of
architectural, engineering and construction contracts; and
WHEREAS Angel R. Escobar is a well respected member of several professional
and private civic organizations such as the American Society of Civil Engineers, the
Texas Society of Professional Engineers and the Texas Society of Public Surveyors
having received awards and commendations too numerous to mention; and
WHEREAS Angel R. Escobar has been married to his wife Tulis Escobar for 39
years and is the proud patriarch of a family consisting of three children and six
grandchildren; and
WHEREAS Angel R. Escobar has served the City of Corpus Christi with
distinction and honor having performed above and beyond the call of duty in every
capacity to which he has been appointed.
NOW THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CORPUS CHRISTI THAT:
Angel R. Escobar is commended for a job well done in service to his city;
The citizens of Corpus Christi through its elected City Council by these presents
do hereby express their appreciation for his exemplary service; and
BE IT FURTHER RESOLVED THAT Tuesday March 8, 2011 is hereby declared
to be Angel R. Escobar Day in the City of Corpus Christi, Texas.
ATTEST: CITY OF CORPUS CHRISTI
By: By:
Armando Chapa Joe Adame, Mayor
City Secretary
APPROVED AS TO LEGAL FORM: March 1, 2011
By:
Carlos Valdez
City Attorney
Corpus Christi, Texas
of , 20'10
The above resolution was passed by the following vote:
Joe Adame
Chris N. Adler
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla G. Leal
John E. Marez
Nelda Martinez
Mark Scott
Linda Strong
22
THE LIMITED STATES CONFERENCE OF MAYORS
CIVILITY ACCORD
January 19, 2011
On the morning of January 8,2011, gunshots fired in one of our nation's great cities
reverberated through all of America. A federal judge and a nine- year -old girl were
among the six people killed that day in Tucaon, and Congresswoman Gabrielle
Giffords, the target of the shooting rampage, was among the 13 more who were
wounded. The pain inflicted on them, their families, and the entire Tucson community
is shared by people across our nation.
Regardless of whatthe motives behind the tragedy in Tucson might have been, it
occurred in an atmosphere in which public discourse is often confrontational and
lacldng in civility. We should use this event as a point of departure, to recommit
ourselves to building a more civil society in which each person is respected and public
and political discourse are aimed at the betterment of our nation and its people and not
the destruction of those with-whom we disagree. As President Barad( Obama said in
the January 12 memorial service, "only a more civil and honest public discourse can
help us face up to our challenges as a nation."
We believe thatbecause mayors are the elected leaders closest to the people, restoration
of civility must begin with us. We are in a unique position to have a positive impact an
behavior — individual and collective — and to lead by example. While the tragedy in
Tucson is the impetus for this Accord, it represents a commitment that must live on in
every mayor in our nation from this day forward.
Through The U.S. Conference of Mayors, we, the mayors of America's cities, in order to
restore civility to our communities and through them lo our nation, pledge our
commitment to the following principles for civility:
• Respect the right of all Americans to hold different opinions;
• Avoid rhetoric intended to humiliate, de- legitimatize, or question the patriotism
of those whose opinions are different from ours;
• Strive tounderatand diffenngperspectives;
• Choose words carefully;
• Speak truthfully without accusation, and avoid distortion;
• Speak out against violence, prejudice, and incivility in ail of their forms,
whenever and wherever they occur.
We further pledge to exhibit and encourage the kinds of personal qualities that are
emblematic of a civil society, gratitude, humility, openness, pasalon for service to
others, propriety, kindness, caring, faith, sense of duty, and a commitment to doing
what is right.
The immediate need is to help our citizens through this difficult period. Our long term
responsibility is to work with them to build that civil society.
B.
onio R. Viliaraigosa Michael A. Nutter
or of Los Angeles Mayor of Philadelphia
President Second Vice President
Burnsville
Robert E. Walkup
Mayor of Tucson
-267-
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n rr ��N tA
To Cochran
Ci and Executive Director
RESOLUTION
RESOLUTION ADOPTING A CITY OF COPRUS CHRISTI CIVILITY
ACCORD
WHEREAS, on January 8, 2011 a shooting tragedy occurred in Tucson, Arizona
which resulted in the violent deaths of six people including a federal judge and a nine
year old girl and the wounding of thirteen others including Congresswoman Gabrielle
Giffords; and
WHEREAS, the pain inflicted on the victims of this tragedy, their families and the
entire Tucson community is shared by the people throughout this nation including the
people of Corpus Christi, Texas; and
WHEREAS, although the exact motive behind this tragedy remains
undetermined, the acts occurred in an atmosphere in which public discourse is often
confrontational, angry and lacking in civility; and
WHEREAS, we as a community should use this tragedy as a point of reflection
and to recommit ourselves to building a more civil society in which each person is
respected and in which public and political discourse is aimed at the betterment of our
community and our country and not toward the destruction of those with whom we
disagree; and
WHEREAS, the Mayor and City Council of Corpus Christi, as the elected leaders
of the community, believe that any restoration of civility must begin with the people;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CORPUS
CHRISTI, TEXAS THAT:
This Civility Accord of the City of Corpus Christi, Texas is hereby ADOPTED; and
In order to begin the process of restoring civility to our community and to our nation,
on behalf of the people of Corpus Christi, we pledge our commitment to the following
principles of civility and encourage all citizens to practice these principles in their daily
lives:
• Respect the right of all people to hold different opinions.
• Avoid rhetoric intended to humiliate, de- legitimatize or question the patriotism of
those whose opinions are different from ours.
• Strive to understand differing perspectives.
• Choose words carefully
• Speak truthfully without accusation and avoid distortion.
• Speak out against violence, prejudice and incivility in all their forms, whenever
and wherever they occur.
• Exhibit and encourage, at all times, those qualities that are emblematic of a civil
society: gratitude, humility, openness, passion for service to others, propriety,
kindness, caring, faith, sense of duty and commitment to doing what is right.
BE IT FURTHER RESOLVED THAT all citizens of Corpus Christi are urged to do
everything within their means to build a more just and civil society.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa Joe Adame
City Secretary Mayor
APPROVED: day of February, 2011.
Carlos Valdez
City Attorney
Corpus Christi, Texas
of 12010
The above resolution was passed by the following vote:
Joe Adame
Chris N. Adler
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla G. Leal
John E. Marez
Nelda Martinez
Mark Scott
Linda Strong
-270-
23
AGENDA MEMORANDUM
City Council Action Date: March 8, 2011
SUBJECT: Staples Street Phase 2 from Barracuda Place to Gollihar Road
Project No. 64691 CIP No. ST 21 (BOND ISSUE 2008)
AGENDA ITEM:
A. Motion authorizing the City Manager or designee to execute a construction contract with Texas
Sterling Construction Company of Houston, Texas in the amount of $6,313,253.50 for Staples
Street Phase 2 from Barracuda Place to Gollihar Road for the Total Base Bid. (Bond 2008)
B. Motion authorizing the City Manager or designee to execute Bid Alternate Nos. 1 and 4 with
Texas Sterling Construction Company of Houston, Texas in the amount of $70,000 for Staples
Street Phase 2 from Barracuda Place to Gollihar Road, subject to the execution of an
agreement with WaI -Mart.
C. Motion authorizing the City Manager or designee to negotiate and execute an agreement with
WaI -Mart for the City to phase construction under Bid Alternate Nos. 1 and 4 (to complete the
section of work from Carmel Parkway to Everhart Road by October 14, 2011).
D. Motion authorizing the City Manager or designee to execute Amendment No. 3 to the Contract
for Professional Services with LNV Engineering of Corpus Christi, Texas, in the amount of
$94,754 for a total revised contract amount of $2,064,127 for Staples Street Phase 1 from
Brawner to Barracuda and Staples Street Phase 2 from Barracuda Place to Gollihar Road for
construction observation services for Phase 2 from Barracuda Place to Gollihar Road.
E. Motion authorizing the City Manager or designee to execute an Agreement for Construction
Materials Testing and Engineering Services with Tolunay -Wong Engineers, Inc., of Corpus
Christi, Texas, in the amount of $88,270 for Staples Street Phase 2 from Barracuda Place to
Gollihar Road.
ISSUE: This project was approved November 4, 2008 in the Bond Issue 2008 Package under
Proposition No. 1 Street Improvements. These proposed improvements include the complete
reconstruction of a five -lane urban arterial street including two travel lanes in each direction and a
continuous left-turn center lane. The project has bid and requires Council approval in order to
proceed with construction.
FUNDING: Funding is available from the Streets, Storm Water, Water, Wastewater and Gas
Capita! Improvement Budget.
RECOMMENDATION: Staff recommends approval of the motions as presented.
n � 2
Pete Anaya, P.E.
Director of Engineering Services
361/826-3781
petean(a7cctexas. corn
Additional Support Material:
Exhibit "A" Agenda Background Information
Exhibit "B" Prior Project Actions
Exhibit "C" Bid Tabulation
Exhibit "D" Project Budget
Exhibit "E" Consultant's Letter of Recommendation
Exhibit "F" Location Map
H: IHOMEIRachelle \GEN \Streets1646B & 6469 - Staples (Brawner to Gollihar)lConstruetinn (6469)lLynda's changestAgenda Meno.DOC
—273—
AGENDA BACKGROUND INFORMATION
SUBJECT: Staples Street Phase 2 from Barracuda Place to Gollihar Road
Project No. 64691 CIP No. ST 21 (BOND ISSUE 2008)
PROJECT DESCRIPTION: This project consists of the reconstruction of Staples Street
from Barracuda Place to Gollihar Road. The improvements (included in the base bid) will
reconstruct the existing five -lane roadway including two travel lanes on both sides and a
continuous left turn lane. Additional improvements will include: curb and gutter, sidewalks,
ADA curb ramps, concrete bus pad, traffic signal improvements and street lighting.
Construction includes the use of HMAC (Hot Mix Asphaltic Concrete) for the roadway.
BID INFORMATION: On February 16, 2011, the City received proposals from three
bidders (see Exhibit "C" Bid Tabulation). The bids ranged from $6,313,253.50 to
$7,034,287.05. The estimated cost of construction is $6,119,200. In addition to the base
bid, six bid alternates were included in the bid:
• Alternate No. 1 for Alternate Traffic Control Plan and Construction Sequencing;
• Alternate No. 2 for Continuously Reinforced Concrete Pavement in lieu of HMAC;
• Alternate No. 3 for Continuously Reinforced Concrete Pavement in lieu of HMAC with
sequencing and traffic control the same as shown for Alternate No. 1;
• Alternate No. 4 for Expedited Schedule for Carmel Parkway to Everhart (HMAC
Option);
• Alternate No. 5 for Expedited Schedule for Carmel Parkway to Everhart (Concrete
Option); and
• Alternate No. 6 for Water Line Improvements.
BID RECOMMENDATION: The alternate bid items were included with the following
factors being considered when developing the recommendation for award:
• Alternate No. 1 for Alternate Traffic Control Plan and Construction Sequencing and
Alternate No. 4 for Expedited Schedule for the section of work from Carmel Parkway to
Everhart (HMAC Option) are being recommended.
Alternate No. 1 consists of constructing the proposed improvements in three (3) separate
parts or phases at a cost of $20,000:
a. Part 1: Carmel Parkway to Everhart (Includes both intersections from Sta. 54 +00 to Sta.
78 +00)
b. Part 2: Barracuda to Carmel Parkway
c. Part 3: Everhart to Gollihar / Autotown
Alternate No. 4 provides for additional compensation to the Contractor for an accelerated
construction schedule to complete the project by October 14, 2011 at a cost of $50,000.
This only applies for the section of work from Carmel Parkway to Everhart (includes both
intersections from Sta. 54 +00 to Sta. 78 +00). This work would need to be completed in its
entirety prior to October 14, 2011. This includes completing the utility work, concrete work,
and HMAC pavement (excluding the final 2" HMAC overlay). The estimated start of
11: IHOME1RacheilelGENSStreeteSB4BB & 6469- Staples (Brawner to Gollihar) Construction 4 (6469)1Lynda`s changestAgende Background.DOG
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EXHIBIT "A"
Page 1 of 3
construction for this project is April 11, 2011, if this bid alternate is awarded.
Wal -Mart approached the City to request this item as it will ensure that the section of work
from Carmel Parkway to Everhart will be completed by October 14, 2011. This work will not
be done if WaI -Mart does not agree to fund the cost of these bid alternates in the total
amount of $70,000. The authorization of these items will require execution of an agreement
with WaI -Mart and appropriation of funds.
The remaining bid alternates (Alternate Nos. 2, 3, 5 and 6) are not being recommended for
award. Alternate Nos. 2, 3 and 5 all called for the use of continuously reinforced concrete
pavement in lieu of HMAC. The hot -mix asphalt pavement section recommended was
compared to the additional cost associated with the proposed concrete pavement section.
Both the hot -mix pavement section and the concrete pavement section are based on a 30-
year design life. The total cost for the concrete pavement option for this project would be
an additional $927,758.30. Therefore, based on the excessive cost associated with the
concrete pavement option, City staff and the consultant, LNV Engineering, are
recommending to award the project with the proposed hot -mix asphalt pavement option
included in the base bid. Alternate No. 6 for water Tine improvements is also not being
recommended.
The consultant, LNV Engineering (LNV), has reviewed the information submitted by the low
bidder, Texas Sterling Construction Company (see Exhibit "E" Consultant's Letter of
Recommendation). LNV has verified the experience references provided by the contractor,
which indicated that the contractor has the ability to perform the paving and utility work
required to complete the project in a satisfactory manner.
AMENDMENT NO. 3 TO LNV ENGINEERING'S CONTRACT: LNV Engineering is
proposing an amendment to their Contract for Professional Services to provide
construction observation services for Staples Street Phase 2 from Barracuda Place to
Goifihar Road for the 14 months of construction at four hours per working day. At the time
of the original contract, the price for Construction Observation Services was listed as To Be
Determined due to the uncertainty of Walmart's final plans for the area and the required
construction contract completion timeframe.
AGREEMENT FOR CONSTRUCTION MATERIALS TESTING AND ENGINEERING
SERVICES: Tolunay -Wong Engineers Inc. of Corpus Christi, Texas, performed the
geotechnical investigation for this project. They are deemed to be the most knowledgeable
concerning the project and the testing requirements. Firms that prepare the geotechnical
report for projects are traditionally selected to perform materials inspection and testing
services.
PROJECT BACKGROUND: On Tuesday, November 4, 2008, the City of Corpus Christi
held an election to consider a number of ballot propositions to fund major capital
improvements for the community, Bond Issue 2008. The November 4, 2008 election was
held jointly with Nueces County and coincided with the Presidential Election.
The Bond Issue 2008 package includes $153 million in projects to be funded from ad
valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and
HA I- SOMESRachelle1GENlStreets16466 & 6469- Staples (Browner to Gollihar)1Construction (6469)1Lynda's changes4Agenda Bechground.DOC
—275—
EXHIBIT "A"
Page 2 of 3
Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The
proposed projects target the City's most immediate needs to improve existing physical
facilities, provide for growth, and protect the City's investment in its infrastructure.
STAPLES STREET PHASE 1 (BRAWNER TO BARRACUDA) STATUS UPDATE:
Staples Street Phase 1 from Brawner Parkway to Barracuda Street is currently under
design and anticipated to bid in the Fall 2011 timeframe.
H: 4HOMEYRachelle4GENIStreets16466 & 6469-Staples (Bremer to Goliihar)1Construction (6469)4nda's changes1Agenda Background.DOC
—276—
EXHIBIT "A"
Page 3 of 3
PRIOR PROJECT ACTIONS
SUBJECT: Staples Street Phase 2 from Barracuda Place to Gollihar Road
Project No. 64691 CIP No. ST 21 (BOND ISSUE 2008)
PRIOR COUNCIL ACTION:
1. November 13, 2008 — Ordinance canvassing returns and declaring results of the
Special Election held on November 4, 2008 in the City of Corpus Christi for the
adoption of seven bond propositions and approval of a proposition to restrict vehicular
access to and on the portion of the Gulf of Mexico Beach seaward of the concrete
portion of the Padre Island Seawall. (Ordinance No. 027939)
2. November 18, 2008 - Resolution expressing official intent to reimburse costs of the
2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000
for improvements to Streets, Fire Department Facilities, Police Department Facilities,
Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development.
(Resolution No. 027950)
3. December 15, 2009 - Ordinance approving the FY 2010 Capital Budget and Capital
Improvement Planning Guide in the amount of $202,877,800. (Ordinance No. 028449)
4. Mav 18, 2010 - 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 $1,892,273 for design, bid, construction and additional phase services
for Staples Street (Bond Issue 2008): (Motion No. 2010 -118)
• Staples Street, Phase 1 from Brawner to Barracuda
• Staples Street, Phase 2 from Barracuda to Gollihar
PRIOR ADMINISTRATIVE ACTION:
1. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05
Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non-
local).
2. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008-
05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non -
local).
3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008-
05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non-
local).
4. July 21, 2010 — Administrative approval of an Agreement for Geotechnical Engineering
Testing Services with Tolunay -Wong Engineers Inc. in the amount of $11,548 for
Staples Street Phase 1 from Brawner to Barracuda and $10,934.75 for Staples Street
Phase 2 from Barracuda to Gollihar.
5. November 5, 2010 — Administrative approval of Amendment No. 1 to the Contract for
Professional Services with LNV Engineering of Corpus Christi, Texas, in the amount of
$44,700 for a revised total fee of $1,936,973 for Staples Street Phase 2 from
Barracuda to Gollihar for additional design and construction phase services.
6. December 4, 2010 — Administrative approval of Amendment No. 2 to the Contract for
Professional Services with LNV Engineering of Corpus Christi, Texas, in the amount of
EXHIBIT "8"
Page 1 of 2
CADOCUME- 1LLynde5lLOCALS- tlTempLXPgrowlselPrior Project Actions- Bond.aOB 7_
$32,400 for a revised total fee of $1,969,373 for Staples Street Phase 1 from Brawner
to Barracuda and Staples Street Phase 2 from Barracuda to Gollihar to add to
Additional Services Item 11. Closed Conduit Television (CCTV) Existing Drainage
System for both phases.
C: 1DOCUME- 11LyndaSILOCALS- 11TemplXPgrpwiselPrior Project Actions- Bon02 J 8_
EXHIBIT "B"
Page 2 of 2
TABULATED BY: Pete Anaya, P.lu - Director of Engineering Services
TIME OF COMPLETION: BASE BID 435 Cafendar Days
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS
Staples Street Phase 2 - Barracuda Place to Gollihar Road
Project No. 6469
ITEM OTT UNIT
A4
A5
A6
A7
A8
A9
Al 0
Al2
Al 3
A14
A15
A16
A17
A18
Al9
A20
A21
44.00
8,816
1,211
2,241
1,559
37,479
34,381
34,381
37,479
37,479
2,000
12
2,241
10
550
550
3
33
720
2,357
2,357
51,916
1
STA
LF
LF
PREPARING RIGHT OF WAY
CONCRETE CURB AND GUTTER
CONCRETE HEADER CURB
CONCRETE DRIVEWAY
CONCRETE ISLAND (STAPLES &EVERHART)
EXCAVATION (ROADWAY)
TYPE D HOT -MIX ASPHALT CONCRETE PAVEMENT (4")
SEAL COAT
EMULSIFIED ASPHALT TREATMENT (BASE OR SUBGRADE)(MC30)
FLEXIBLE BASE COMPLETE IN PLACE PE A GRADE 1 12"
®tHxalN:fL1:L�tif:l�l�)•1:iNd ,la.�r4\1111
FULL DEPTH PAVEMENT REPAIR
BARRICADES, SIGNS, AND TRAFFIC HANDLING
TEMPORARY DRIVEWAYS
TEMPORARY SPEED HUMPS
CONSTRUCTION EXITS INSTALLED (TYPE 1)
CONSTRUCTION EXITS REMOVED
DESCRIPTION
Texas Sterling Construction Co.
20810 Fembush Lane
Houston. Tx 77073
UNIT TOTAL
Bay Ltd.
P.O. BOX 9908
Corpus Christi, Tx 78469
TOTAL
PRICE
_,
PRICE PRICE
DATE: February 16, 2011
ENGINEERS ESTIMATE Base Bid - 56.119,200.00
SY
SF
SY
SY
SY
SY
SY
SY
MO
SY
EA
SY
SY
OZONE DAY
SIGN ASSEMBLIES Wl ALUMINUM SIGNS (TYPE A)
PORTABLE CHANGEABLE MESSAGE SIGN
EROSION CONTROL LOG (12" DIAMETER INSTALL & REMOVE)
15,800.00
15.00
15.00
52.00
10.00
4.00
20.00
2,20
0.60
13.00
$
$
5
S
$
$
5
5
S 41.00
3 15,000.00
3 9.00
$ 850.00
• 20.00
5 5.00
LF EROSION CONTROL LOG (12" DIAMETER)(REMOVE & REPLACE)
SF CELLULOSE FIBER MULCH SEEDING
LS MOBILIZATION/DEMOBILIZATION
1,000.00
250.00
50.00
2.00
2.00
0.10
300,000.00
695,200.00
132,240,00
15,165.00
116,532.00
15,690,00
149,916.00
687,620.00
75,638.20
22,48740
487,227.00
1.12,437.00
82,000.00
180,000.00
20,169.00
8,500.00
11,000.00
2,750.00
3,000.00
5,250,00
36,000.00
4,714.00
4,714.00
5,191.60
300,000.00
$ 4,400.00
$ 15.00
$ 22.00
54.00
8,50
6.60
19.00
2.20
0.60
14.00
EA WORK ZONE PAVEMENT MARKING SHORT TERM (TAB) TYPE YELLOW - 2
EA WORK ZONE PAVEMENT MARKING SHORT TERM (TAB) TYPE WHITE
REFLECTORIZED PAVEMENT MARKING TYPE 1(WHITE) 4" (BROKEN) (90
MIL
45.00
8,000.00
14.00
900.00
15.00
4.00
$ 100.00
$ 500.00
$ 40.00
$ 6.00
$ 3.00
$ 0.16
$ 397,000.00
193,600.00
132,240.00
26,642.00
121,014,00
13,356.50
247,361.40
653,239.00
75,636.20
22,487.40
524,706.00
151,176.50
90,000.00
96,000.00
31,374.00
9,000.00
8,250.00
2,200.00
300.00
16,500.00
28,900.00
14,142.00
7,071.00
9,344.88
397,000,00
HAAS -Anderson Construction
140 Holly Read
Corpus Christi, Tx 78467
UNIT
PRICE
TOTAL
PRICE
S
5
5
5
$
5
5
5
S
5
5
5,000.00
15.90
30.00
52.75
5.75
5.80
19.05
2.05
0.70
15.50
5.30
71.30
16,515.00
10.00
3,710.00
24,00
6.00
1,000.00
538.00
68.00
4.00
4.00
0.15
350,000,00
220,000.00
140,174.40
36,330.00
118,212.75
10,590.75
217,378.20
654,958.05
70,481.05
26,235.30
580,924.50
198,638.70
142,600.00
108,180.00
22,410,00
37,100.00
13,200.00
3,300.00
3,000.00
17,754.00
48,960,00
9,428.00
590.00
1,980.00
2,020.00
1,40LF REFLECTORIZED PAVEMENT MARKING TYPE I (WHITE) 8" (SOLID) (90 MIL)
REFLECTORIZED PAVEMENT MARKING TYPE I (WHITE) 24' (SOLID) (90
MIL)
REFLECTORIZED PAVEMENT MARKING TYPE I (YELLOW) 4" (SOLID) (90
MIL)
REFLECTORIZED PAVEMENT MARKING TYPE L (YELLOW) 4" (BROKEN) (90
MIL)
REFLECTORIZED PAVEMENT MARKING TYPE I (YELLOW) 24" (SOLID) (90
MIL)
PREFABRICATED PAVEMENT MARKING TYPE C (WHITE) (ARROW)
PREFABRICATED PAVEMENT MARKING TYPE C (WHITE) (WORD)
PREFABRICATED PAVEMENT MARKING TYPE C (WHITE) (DOUBLE
ARROW)
PREFABRICATED PAVEMENT MARKING TYPE C (WHITE)(18")(YIELD
TRIANGLE)
REFLECTORIZED PAVEMENT MARKER TYPE II -A -A
REFLECTORIZED PAVEMENT MARKER TYPE I -C
1,320.00
1,010.00
9,428.00
7,787.40
5 350,000.00
S 706.00
$ 1,584.00
$ 1,111.00
1,400.00
1,260.00
1,260.00
4,200.00
4,023.00
4,200.00
4,291.20
4A70.00
735.00
470.40
539.00
$ 6.00
$ 210.00
$ 300.00
$ 330.00
2,100,00
19,740.00
7,800.00
6.30
210.00
300.00
2,205.00
13,740.00
7,900.00
6.40
220.00
316.00
2,240.00
20,680.00
8,216.00
4,620.00
4,620.00
4,844.00
390.00
1,925.00
1,342.00
45.00
6.00
6.00
315.00
2,100.00
1,320.00
$ 45.00
$ 650 $
$ 6.50 $
336.00
2,275.00
L
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING - CRY OF CORPUS CHRISTI, TEXAS
TABULATED BY: Pete Anaya, P.E. - Director al Engineering Services
TIME OF COMPLETION; BASE BID 435 Calendar Days
DATE: February 16, 2011
ENGINEER'S ESTIMATE: Base Bid - 66,119,200.00
Staples Street
Phase 2 - Barracuda Place to Golliher Road
Texas Sterling Construction Co.
Project No- 6469
20810 Fembush Lane
Houston, Tx 77073
Bay Ltd.
P.O. BOX 9908
Corpus Christi, Tx 78469
HAA
HAAS -Anderson Hon Conshuctlon
140 Holly Road
Corpus Christi, Tx 76487
ITEM
QTY
UNIT
DESCRIPTION
UNIT
TOTAL
UNIT
TOTAL
UNIT
TOTAL
PRICE
PRICE
PRICE
PRICE
,3913i�i�,i;
"-{�
ll,,d'rL °..
�r
,.4 5�i " 1 =+' .- 1. 44A- $ + a= ',
�`°��'�li��"�,,7a '....��-
�f a�
,-'y''''�.t.�'±1:..�:Lv��f
Tl�i �:"���
PAIGE PRICE
615
CURB INLET (TYPE CXCOMPLETE)
$ 3,500.00 $
fie.
:r`'s_�.�j,�'%�"-y�7'�c�r%'��r",�F"�o. 7
62
6 EA
5' CURB INLET (TYPE C}(MOD}COMPLETE)
133,000.00
$ 8,000.00
$ 228,000.00
5 5,380.00
$ 204,440.00
$ 3,000.00 $ 18,000.00
$ 4,000.00
$ 24,000.00
$
B3
52 EA
5' CURB INLET EXTENSION PE E
$ 4,050.00 $ 54,600.00
$ 1,100.00
5 57,200.00
4,26000
$ 1,370.00
$ 25,560.00
54
85
B6
15 EA
2 EA
5' STORMWATER MANHOLE
5' STORMWATER MANHOLE (MOD)
$ 5,00000 $ 75,000.00
S 3,000.00 $ 5,000,00
$ 7,000.00
$ 3,600.00
$ 105,000.00
$ 7,200.00
' $ 7,280.00
5 6570.00
$ 71,240.00
$ 109,200.00
$
44 EA
TRENCH SAFETY (STORM WATER INLETS)
$ 45.00 $ 1,96000
$ 150.00
$ 6,600.00
$ 149500
13,140,00
$
67
17 EA
TRENCH SAFETY (STORM WATER MANHOLES)
$ 45.00 $ 765,00
$ 165.00
$ 2,805.00
$ 2,390.00
52,580.00
$ 40,630.00
BB
5,560 LF
TRENCH SAFETY (STORM WATER)
$ 1.00 $ 5,560.00
$ 2.80
$ 15,568.00
5 1200
$
69
5,560 LF
DEWATERING
$ 10.00 $ 55,500.00
$ 10.00
$ 55,600.00
$ 3.60
66,720,00
5 20,016.00
840
924 LF
16" REINFORCED CONCRETE PIPE (CLASS III) $ 100.00 $ 92,400.00
$ 131.00
$ 121,044.00
$ 139.00
$ 128,436.00
511
758 LF
24" REINFORCED CONCRETE PIPE (CLASS Ill) $ 120.00 $ 90,980.00
$ 155.00
5 117,490.00
$ 144.00
$
B12
95 LF
30" REINFORCED CONCRETE PIPE (CLASS I11) S 125.00 $ 11,875.00
$ 158.00
5 15,980.00
$ 180.00
109,152.00
$
613
474 LF
36" REINFORCED CONCRETE PIPE (CLASS III) $ 130.00 $ 61,620.00
$ 170.00
$ 80,580.00
$ 205.00
17,100.00
$ 97,170.00
914
B15
343 LF
668 LF
42" REINFORCED CONCRETE PIPE CLASS 61 $ 215.00 $ 73,745.00
413" REINFORCED CONCRETE PIPE (CLASS III) $ 215.00 $ 147,920.00
$ 240.00
$ 253.00
$ 82,320.00
$ 229.00
$ 78,547.00
$ 180,944.00
$ 257.00
$ 176,816.00
916
1,249 LF
54" REINFORCED CONCRETE PIPE (CLASS 111) $ 220.00 $ 274,780.00
$ 300.00
$ 374,700.00
$ 289.00
5 380,961.00
617
67 LF
CONC BOX CULV (5'X5') $ 400,00 $ 26,800.00
$ 390.00
$ 26,130.00
$ 372,300.00
$ 356.00
$ 412.00
5 25852.00
5
510
. 650 IF
CONC 130X CULV_(6'X51 $ 440.00 $ 374,000.00
$ 438.00
519
112 LF
CONC BOX CULV (6'X6'} $ 500.00 $ 56,000.00
$ 570,00
$ 63,840.00
$ 454.00
350,200.00 ,
$
620
5,560 LF
POST TELEVISED INSPECTION (STORM WATER) $ 3.50 $ 19,469 00
$ 2.60
$ 14,456.00
$ 3.60
50,848.00
$
B21
5 EA
SIDEWALK DRAINS $ 1,700.00 $ 8,500 00
$ 1,300.00
$ 6 D000
$ 181000
20,016.00
5 9 050.00
bedis..
_: = ',1t. '.s
3k‘:..: s,3 _ '. . ,,- r .-- lia2- t,. ..az. 7 ,�" e. a,i, 1 24.1,,,,-01,, ,.: te
Lam' ��� �. - rsnE�;F ��f �'-fit_}ifi � ai•
�i5.c _.�� ,ePr�
y
�3��'�Z$Ly.
�,.
'1,-
�2 '1e na? r=.1=="; ;,„.1„.41
}, yy vr yy
� -� P?S"�y,x%i4��'''++�'�7
F y�4;
�1
iit�'a
.k '
•",C.`11-1,',.n�.%
esar rtrw
'I
'9." ::,,,
s3-
, „ex'
ViL ,}���
� '�
C1
228
LF
REMOVE 8" VCP 8 REPLACE WITH 8" PVC (SDR 26) (10'-14' DEPTH)
$ 110.00
$ 25,080.00
$ 200.00
$ 45,600.00
$ 147.00
s. i'bt:.�".
$ 33516.00
C2
100
LF
REMOVE
10" VCP 8 REPLACE WITH 10" PVC (SDR 26) (16'-20' DEPTH)
$ 125.00
$ 12,500.00
$ 205.00
$ 20,500.00
$ 354.00
$ 35,400.00
C3
62
LF
REMOVE 12" VCP 8 REPLACE WITH 12" PVC (SDR 26) (14'-18' DEPTH)
5 145.00
$ 8,990 00
$ 220'00
$ 13,640.00
$ 578.00
$
C4
80
LF
REMOVE 15" VCP 8 REPLACE WITH 15" PVC (SDR 26) (16'-20' DEPTH)
$ 165.00$
$ 13,200.00
500,00
$ 40,000.00
$ 300
35 836.00
$ 29,280.00
C5
470
LF
TRENCH SAFETY (WASTEWATER `�
$ 1.50
$ 70.5,00
$ 12.00
$ 5
$ 24.00
24.
$ 11,280,00
C6
3
EA
4' -DIAMETER WASTEWATER MANHOLE (<61(FIBERGLASS)
$ 5,900.00
$ 17,700.00
0 7,000.00
,640.00
$ 21,000,00
$ 7,125.00
$ 21,375.00
C7
45
VF
4' -DIAMETER WASTEWATER MANHOLE (EXTRA DEPTH) (FIBERGLASS)
$ 245.00$
$ 11,025.00
145.00
$ 1,300,00
$ 6,525.00
$ 3,900.00
$ 738.00
9 2,365.00
$ 33,120.007,155.
0
C8
3
EA
REMOVE 4' -DIAMETER WASTEWATER MANHOLE 1 700.00
Id, id, Y»N 0)0)N t 1d,
[�l , r O Ip G w
S N VN O [~II O 4 9
BSSo¢4$ SS
C9
2
EA _5'
DIAMETER MANHOLE (.<6') (FIBERGLASS) 5 7,775.00
$ 9,000.00
$ 18,000.00
$ 11,880.00
$ 23,360.00
C10
22
VF
5' DIAMETER WASTEWATER MANHOLE (EXTRA DEPTH) (FIBERGLASS) $ 425.00
$ 260.00
$ 5,720.00
$ 38900
$ 21,670.00
C11
5
EA
TRENCH SAFETY (WASTEWATER MANHOLES) S 35.00
$ 280.00
$ 1,400.09
$ 1,195,00
$ 5,975.00
C12
5
EA
BY-PASS PUMPING FOR WASTEWATER MANHOLES S 2,000.00
$ 9,000.00
$ 45,000.00
$ 9,445.00
$ 47,225.00
C13
470
LF
PRE AND POST TELEVISED INSPECTION [WASTEWATER) 5 3.50
$ 8.50
$ 3,995.00
5 7.20
$ 3,364,00
C14
582
SF
UTILITY PAVEMENT REPAIR $ 17.50
5 25,00
$ 14,550.00
$ . 11.00
$ 6,402.00
C15
3
EA
WASTEWATER CONNECTIONS $ 1,600.00
$ 4,00400
$ 12,000.00 $ 7,155.00
$ 21,465,00
C16
12
EA
ADJUST WASTEWATER MANHOLES $ 300.00
$ 1,500,00
3 25,000.00
$ 18,000.00 $ 1,420.00
25 000 00 $ 25 000.00
$ 17.040,00
$
C17
1
LS
WASTEWATER�UTILITY ALLOWANCE $ 25,000.00
M12 " "'
, J' ;F,oea?k . ' ,5'siq. , Y- a J:' ..h r! „I., '',1",j 'ia i z w a� d 1-V 1.-" ,a i y��� ' f
�' � -% � a3]"1i� Azfil.,�.Tn'+ L
'"`
f�-e'^P.r"iyi"A'.Sfiw�S�'-'��`�i
's .a
J's..11�i� �; ' oa�3ram .P
25 000.00
R'9es�'S' Vz� ,:!,. l,F�
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS
TABULATED BY: Pete Anaya, P.E. - Director of Engineering Services
TIME OF COMPLETION: BASE BID 435 Calendar Days
DATE: February 16, 2011
ENGINEER'S ESTIMATE: Base Bid -$8,119,200.00
Staples Street Phase 2 - Barracuda Place to G011ihar Road
Texas Sterling Construction Co.
Bay
Project No. 6469
20810 Fembush Lane
Houston, Tx 77073
Ltd.
P.O. BOX 9908
Corpus Christi, Tx 78469
HAAS -Anderson Construction
140 Holly Road
Corpus Christi, Tx 78467
ITEM
OTY
UNIT
DESCRIPTION
UNIT
TOTAL
UNIT
TOTAL
UNIT
TOTAL
PRICE
PRICE
PRICE
PRICE
PRICE
a',;1M _
MI.
p, -r- 4i±.:$?' ' a" (SW .
PRICEJ
01
49,090
SF
�.�G
i�I5.1=
"Ta"
^.-,,�oi
S�i?� YV4� .- 2, «4;17-
d ,t i�
`
CONCRETE SIDEWALK
r$ 6.00
$ 294,540.00
$ 3.70
$ 181,633.00 $ 3.90
$ 191,451.00
02
2,967
SF
CONCRETE CURB RAMP
-$ 17.00
$ 50,439.00
$ 14.00
$ 41,536.00 $ 17.40
$ 51,625,80
D31,920
LF
REFLECTORIZED PAVEMENT MARKING TYPE 1 (WHITE) 12' (SOLID) (90
MIL)
$ 3.75
$ 7,200.00
$ 3.90
$ 7,488.00 $ 3.90
$
04
1,720
LF
REFLECTORIZED PAVEMENT MARKING TYPE 1(WHITE) 24" (SOLID) (90
i
$ 6.75
$ 11,510,00
$ 7.30
$ 12,55600 $
7,488.00
vv: rr IMT'o a° "M°°
a;
7.22«;8 5;
$ 12,476.000
Ir
19
- a,a
1`M'
'F"t
_
IL ec;4.N
. m.,..F°,":., c,.'L$
..,,g," ?"1 k . . ';T1,4,' ..{ince, .4...;:t:1; 'A. jfl. Vii',4 ,:ix, -4,..a.n„..a
"t -1. 'Sfritie lda .ai.. .,Z'nay4
i-. ° ;S t, s y
El 640
CONCRETE BUS PAD
.q
$ 100.00 $ 64,000.00
$ 160.00 $ 102,400.00 $ 7000
$ 44,800.00
E2 200
CONCRETE SHELTER PAD
$ 95,00 $ 19,000,00
, $ 85.00 $ 17,000.00. $ 60.00
$
.':,z,_ _ §
J..,'''K+'3v1iU ._ ',::4446(1 :3eLlsi i.°.',.^, Fe,',5, 7�M���,,,����....
�. }®. _.•,,.-^A.;5_-
t„'„ ,ii+�"'-.,Ld a'�se.ak�'Z.j.4
.G&-.44:` F= gip: g
12000.00
k M
m2 -"u ... A7'�,."'e.'4.nj'Yn';A..�^'.T6�8.=Tern"`qK.. ("�`
F1 6,220 LF 2" FIBER OPTIC CONDUIT
- -
§s�.��;Fila%)�`s` .
$ 6.00 $ 49,320.00
$ 6.70
$ 55,074.00
$ 6.25 $
F2 5 EAS` FIBER OPTIC GROUND BOX
1,200.00 $ 9,600.00
$ 1,500.00
$
51,375.00
,e. ✓
d1 � ��Y� �1,
13,000.00
$ 1,525.00 $ 12,200,00
'Sl lt'd� & k,5,$
e9C y -I 3-.i :i:z. -,G^r` „V i!, 0,.. Such 4 N,A... ,A., -P 1..j. d- -i i ,A,' I
�t .V �iAa-F by r' i%- 1 B
d
4,, *A
...
..,,,AL: al.; -,--.44A ,
Gi 44 LF
'.. ,42:1;,..A.;" l .la..d'=;:. IL. A. `.. _, e. . l ed, k' wa k&.i' .'E_
DRILL SHAFT (TR SIG POLE) (30 IN)
• ,-,,'4-1.,;.-9,-,""
Y. ��i `ur ,;!'1nf'.n:3.
RfL I ,,,, ,
^ .il: ,,,,,-.Gx "-0 #: „4 A
,,, ,,44.� .w _ {"' .`" F�
jn
`-..
$ 200.00
$ 8,800.00
$ 195.00
$ 8,580.00
$ 210.00
! ,
$
G2 26 IF
CONDT (PVC) (SCHD 40) (2")
$ 12.00
$ 313.00
$ 12.00
$ 312.00
$ 1185
9 2440.0000
$
G3 354 LF
CONDI (PVC) (SCHD 40) (3")
$ 17.00
$ 21.00
$ 6,018.00
$ 882.00
$ 20.00
$ 12.00
$ 7,080.00
$ 504.00
$ 21.00
$ 13.00
334.10
$ 7 434.00
$ 546.00
G4 42 LF
CONDI (PVC) (SCHD 40) (4")
05 396 LF
ELEC CONDR (NO. 6) BARE
$ 1.50
$ 594.00
$ 1.30
$ 514.80
$ 1.50
$ 594.00
G6 52 LF
ELEC CONDR (NO. 6) INSULATED
$ 1.60
$ 83.20
$ 1.50_
$ 78.00
$ 1.70
$ 88.40
07 3,242 LF
ELEC CONDR (NO. 12) INSULATED
$ 1.20
$ 1,490.40
$ 1.00
$ 1,242.00
$ 1.20
$
G8 414 LF
TRAY CABLE (4 CONDR) (12 AWG)
$ 1.60
$ 745.20
$ 2.80
$ 1,159.20
$ 2.70
1490.40
$
G9 5
EA
GROUND BOX TY D (162922) W! APRON
$ 1,000.00
$ 5,000.00
$ 750.00
$ 3,750.00
$ 776.00
1,117.80
$
010
1
EA
ELC SRV TY D 120/240 060 (NS) AL (E) SP (0)
$ 2,400.00
$ 2.490.00
$ 4,800.00
$ 4,600,09
$ 4,600.00
3,880.00
$ 4,600.00
G11
1
EA
INSTALL HWY TRF SIG (ISOLATED)
$ 24,000.60
$ 24,000.00
$ 31,000.00
$ 31,000.00
$ 32,500.00
$ 32,500.00
G12
7
EA
BACK PLATE (12 IN)j3 SEC)
$ 85.00
$ 595.00
$ 75,00
$ 525.00
$ 78.00
$ 546.00
G13
3
EA
BACK PLATE (12 IN) (5 SEC)
$ 110.00
$ 330.00
$ 85.00
$ 255.00
$ 84.00
$
G14
8
EA
PED SIG SEC (12 IN)LED(2 INDICATIONS}COUNTDOWN
$ 531.00
$ 4,248.00
$ 425.00
$ 3,400.00
$ 454,00
252.00
$
015
3
EA
VEH SIG SEC (12 IN) LED (GRN ARW)
$ 218.00
$ 654.00
$ 190.00
$ 570.00
$ 197.00
3 652.00
$ 591.00
G16
10
EA
VEH SIG SEC (12 IN) LED (GRN)
$ 233.00
$ 2,130.00
$ 180.90
$ 1,800.00
$ 191.00
$
G17
3
EA
VEH 51G SEC (121N) LED (YELARW)
$ 218.00
$ 654.00
$ 180.00
$ 540.00
$ 197.00
1,910.002
$
018
10
EA
VEH SIG SEC (12 IN) LED (YEL)
$ 213.00
$ 2.136.00
$ 180.09
$ 1,800.00
$ 197.00
591.00
$ 1,97080
G19
10
EA
VEH SIG SEC (12 IN) LED (RED)
$ 201.00
$ 2,016.00
$ 180.00
$ 1,800.00
$ 180,90
$ 1,800,00
G20
72
LF
TRF SIG CBL (TY A) (14 AWG) (10 CONDR)
$ 1.45
$ 104,40
$ 2.80
$ 201,60
$ 3.00
$
G21
438
LF
TRF 51G CBL (TY A)/20 AWG) (10 CONDR)
$ 1.95
$ 854.10
$ 5.50
$ 1,533.00
$ 4.20
216.00
$ 1,639.60
_G22
1
EA
TRF SIG PL AM (6) 1 ARM (28'}LUM & ILSN
$ 4,600.00
$ 4,600.00
$ 6,500.00
$ 6,500.00
$ 6,770.00
$
G23
3
EA
TRF SIG PL AM (5) 1 ARM (32') LUM &11_514
$ 5,030.00
$ 15,090,00
$ 7,000.00
$ 21,000.00
$ 7,450.00
6,770.00
$
G24
3
EA
PED POLE ASSEMBLY
$ 1,250.00
$ 9,690.00
$ 1,100.00
$ 3,300.00
$ 1,225.00
22,350.00
$
G25
8
EA
PED DETECT (2 INCH PUSH BTN)
$ 235.00
$ 1,880.00
$ 120.00
$ 960,00
$ 137.00
3675.00
$
G26
1
EA
PTZ CAMERA ASSEMBLY
$ 3,460.00
$ 3,460.00_
$ 2,500.00
$ 2,500.00 ,
$ 2,650.00
1096.00
$ 2,650,00
G27
4
EA
ILSN (LED) (6S)
$ 2,800,90
$ 11,200.00
$ 2,000.00
$ 8,000.00 -
$ 2,210.00
$
,_G28
26
LF
P17 COMMUNICATION CABLE (COAXIAL)
$ 2.5D
$ 65.00
$ 12.00
$ 312.00
$ 13.00
8,840,00
$ 338.00
G2gg9�
EA
RADAR ADVANCE DETECTION DEVICE '$
10000.00
$ 40,00000
$ 7,000.00
$ 28,000.00
$ 777000
$ 3108000
L.!), ', S
,�,y�4
Yd�ID 4
`..1,7,'`d ` ° e E317-KL2211-21a .1,,l, �r�i
�"r�I�1_S6�in
k.t� .`
,,,,C- ,, '--" �
^'t5-14,J1,y',Tii�"'i.;5.,,-.R.- ,r
S
5
$
TABULATED BY: Pete Araya, P.E. - Director of Engineering Services
TIME OF COMPLETION: BASE BID 435 Calendar bays
ITEM
QTY I UNIT
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS
Staples Street Phase 2 - Barracuda Place to Goilihar Road
Project No, 6469
DATE: February 16, 2011
ENGINEER'S ESTIMATE: Base Sid -16,119,200.110
DESCRIPTION
Texas Sterling Construction Co. Bay Ltd.
20810 Fernbush Lane HAAS -Anderson Construction
P.O. Bt)X 9988 1401 Rolly Road
Houston, Tx 77073 1
Corpus Christi, 7x 79469 Corpus Chrfsti, Tx 78467
UNIT i TOTAL UNIT TOTAL
UNfE TOTAL
., i < fir., PRICE; I PRICE PRICE PRICE PRICE PRICE
mss . ° �' i jiil : ' y, ; : r. 1� :i- . dim . .z ?5z Z, �4�� r - ,,.
H1 15 EA ADJUST GAS VALVES u "4t� rK-- � ° 00
TRWE_. _ .. .r+rsd rFY.2i ' i1:=E=,s, 01.7 '0,,'�`S I $ %2 B, j1 4T "� ,,.I( a."' 4 ,750.00 $ 47s 00 $ Ti 7125.00
:,�wi,1'. 1 ^Iz -t;,,t. _ s-'C'a°�! :l! � y��'�'1�"r•#�t,°"�� ...s
[1 321 LF 6" PVC WATER LINE (C900 DR 16) $ 55.00 $ 17,655.00 $ 70.00 $ 22,470.00 $ 81.25 $ 26,061.25
12 2,161 LF 8" PVC WATER LINE (C900 DR 18) $ 65,00 $ 129,660,00 $ 50.00 $5 108,050.00 $ 49.00 $ 126,081.25
12" PVC WATER LINE (C905 DR18) $ 65.00 S 14,365,00 $ 70.00 $ 15,470.00
REMOVE & REPLACE 20" DIP WATERLINE 5 145.00 $ 8,700.00 $ 230.00 $$$$
73.00 $ 75,912 00
5 3 EA 6" GATE VALVE $ 13,9013,00 $ 376,00 S 22,680.00
$ 753.00 $ 2,259.00 $ 700.00 $ 2,100.00 5 1,024.00 5 3,060.00
16 29 8" GATE VALVE $ 1,070.00 5 31,030.00 $ 1,000.00 $ 29,000.00 5 1,405.00 5 40,745.00
17 5 12" GATE VALVE $ 9,5530,00. $ 1,800.00 $ 9,000.00
$ 2,563,00 $ 12,815.00
5 23,600.00 5 22,000.00 $
44,000.00 $ 17,400.00 $ 34,900.00
$ 200.00 $ 150.00 5 300.00 5 5356.00 S 1,113.00
$ 2,142.00 $ 150.00 5
3,150.00 $ 575.00 5 12,073.00
5 254.00 $ 180.00 $ 360.00 $ 565.00 $ 1,130.00
8" -22.5 DEGREE BENDS 5 435.00 $ 200.00 $ 600,00 5 570.00 $ 1710.0
8" - 45 DEGREE BENDS 5 9,585.00 $ 190,00 $ 13,490.00 $ 580.00 5 41,380.000
12" - 45 DEGREE BENDS $ 2,646.00 $ 380.00 $ 3,420.00 $ 863.00 $ 776700
115 4 20" - 45 DEGREE BENDS 5 2,556.00 $ 850,00 $
400.00
$ 1,702.00 $ 6,,sos.,00
5 3,025.00 $ 2,500.00 5 2,5130.00 $
$ 3,026.00 $ 3,000.00 5 8,000.00 5
$ 10,412.00 $ 4,000.90 $ 6,000.00 $
$ 6,745.00 $ 5,500,00 $ 5,500.00 $
$ 56,500.00 I $ 4,000.00 $ 40,000.00 $
7,765.00 5 8,500.00 $ 6,500.00 5
450.00 $ 500.00 $ 500.00 $
858.00:5 500.00 5 1,000. 5
920.00 $ 300.00 $ 1,200.0000 $
13
14
18
19
110
111
112
113
114
116
117
118
119
120
121
122
123
124
25
126
127
28
129
130
131
132
133
134
135
136
137
138
139
140
141
142
221 LF
60 LF
2
2
21
2
3
71
9
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
20" GATE VALVE
6" -11,25 DEGREE BENDS
6" - 45 DEGREE BENDS
8" - 11.25 DEGREE BENDS
1 EA 8" X 6" TAPPING SLEEVE
1 EA 8" X 8" TAPPING SLEEVE
2 EA 20" X 8" TAPPING SLEEVE
1 EA 20" X 12" TAPPING SLEEVE
10 EA 24" X 8" TAPPING SLEEVE
1 EA 24" X 12" TAPPING SLEEVE
1 EA 12"X6"TEE
2 EA 12"X8"TEE
4 EA El" X8"TEE
3 EA 8" X 6" TEE
2 EA B" X 4" REDUCER
6
17
2
2,015
11
1
3
7
6,624
2,763
16
1
200
10
33
1
EA 8"X6"REDUCER
EA 6"-12" PLUG
EA HYDRA -STOP FOR 20" DIP WATER LINE
LF REMOVE 4" -12" WATER LINE
EA FIRE HYDRANT ASSEMBLY W/6"xS" TEE & 6" GATE VALVE
EA FIRE HYDRANT ASSEMBLY W/6"x$" TEE 8 6" GATE VALVE
EA FIRE HYDRANT ASSEMBLY 6" GATE VALVE
EA WATER SERVICE
SF UTILITY PAVEMENT REPAIR
LF TRENCH SAFETY (WATER LINES)
EA WATERLINE CONNECTION (6", 8" , 12" & 161
EA AIR RELEASE VALVES ASSEMBLY
LF EXPLORATORY EXCAVATION TRENCH
EA EXPLORATORY EXCAVATION SPOT
EA ADJUST WATER VALVES
LS WATER UTILITY ALLOWANCE
lay .
5
5
5
S
5
$
5
$
5
5
$
5
5
5
5
5
$
S
$
5
5
S
1,910.00
11,800.00
100.00
102.00
127.00
145.00
135.00
294.00
739,00
3,025.00
3,026.00
5,206.00
6,745.00
5,650.00
7,765.00 $
450.00 $
429.00 $
230.00 $
195.00
1213.60
105.00
600.00
20,000.00
3.00
4,010.00
3,800,00
3,500.00
1,400.00
15.00
1.0D
1,900,00
1,690.00
31.00
901.00
600.00
20 000.00
$
$
S
5
S
$
5
5
$
5
5
5
$
585.00
240,00
630.00
10,200.00
40,000.00
6,045.00
44,110.00
3,800.00
10,500.00
9,800.00 $
102,360.00 5
2,763.00 5
5 270.00
200,00
380.00
370.00
22,000.00
70.00
3,400.00
3,200.00
3,000.00
80,400.00
1,690.00
6,200.00
5
5
$
9,010.00 $
19,800.00 $
20000.00 $
900.00
11.00
1.70
900.00
2,300.00
37.00
760.00
800.00
20,000.130
$
810.00
400,00
S
$
2,280.00
6,290.00
44,000.00
4,120,00 $
4,760.00 $
7,200.00 5
9,808.00 $
7,300.00 $
9,920,00 $
837.00 $
896.00 $
684.00 $
674.00 $
384.00 $
4,120.00
4,760.00
14,400.00
9,808.00
73,000.00
9,920.00
837.00
1,792.00
2,736.00
2,022.00
769.00
5
$
141,050.00
37,400,00
3,200.00
9,000.00
S
5
5
5
5
117'53 I-:4 r 7 .0 fy"s?t-6v'Kr�t)E6$ira
a•.� ��
6,300,00
75,054.00
4,697.10
14,400.00
2,300.00
7,400.00
7,600,00
36,400.013
20 000,00
400,00 $
379.00 $
22,830.00 $
$ 36.00 $
$ 6,000,00 $
$ 0,80540 $
$ 5,910.00 $
$ 3,180.00 $
$ 10.75 $
$ 1.20 $
$ 3,850.00 $
$ 2,580.00 $
$ 36,00 $
$ 1,430.00 $
$ 527.00 $
$ 20,000.00 $
2,400.00
6,443.00
45,660.00
72,540.00
66,000,00
5,805.00
17,730.00
22,260.00
73,358.00
3,315.60
61,600.00
2,580.00
7,200.00
14,300.00
17,391.00
20000.00
TABULATED BY: Pete Anaya, P.E - Director of Engineering Services
TIME OF COMPLETION: BASE BID 435 Calendar Days
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS
Staples Street Phase 2 - Barracuda Place to Gallihar Road
Project No. 6469
DESCRIPTION
Texas Sterling Construction Co.
20619 Fembush Lam!
Hous on, Tx 77073
UNIT TOTAL
Bay Ltd.
P.O. BOX nue
Corpus Christi, Tx 73469
UNIT TOTAL.
PRICE PRICE
Additive/Deductive alternate to constrict the project in Three (3) phases as
shown in the plans in lieu of the traffic control & sequencing included in the base
Al -1 1.00 LS bid. The limits for this sequencing consist of (1) Carmel Parkway to Everhart
(includes Everhart intersection up to Sta. 78+00), (2) Barracuda lo Carmel
Parkway and (3) Everhart to Gollihar/Autotown. $ $ 20 000.00 $ 50000.00 $
..k'ii ' s.k�t .�'�h "`M • ° 'a� •` �'a "..1'411;5-12 . u r i. e
ii
PRICE PRICE
A2-1 , 37,479
A2-2 i 37,479
talike
34,381 SY
34,361 SY
(34,381 SY
(34,381) SY
(37,479) SY
37 479 SY
20,000,00
,.'!i o?« �.a.i''��j��».. `- ama �`s'�°.o-..� r a g nY^: a a aa- ,
6" LIME STABILIZED
SUBGRADE (81/4)FLEXIBLE BASE CO
MPLETE IN PLACE TYPE A GRADE 1 6"
TYPE D HOT -MIX ASPHALT CONCRETE PAVEMENT (1") BONO BREAKER
CONTINUOUSLY REIFORCED CONCRETE PAVEMENT (9') (TYPE P)
DELETE TYPE D HOT -MIX ASPHALT CONCRETE PAVEMENT 4"
DELETE SEAL COAT
6.00
47.00
20.00
166,655.50
299,832.00
206,286.00
1,615,907.00
(697,620.00)
DELETE FLEXIBLE BASE (COMPLETE IN PLACE)(TYPE A GRADE 1)(12")
DELETE GEOGRID BASE REINFORCEMENT TYPE 1
A3-1 37,479
A3-2 37,479
A3-3 34,381 I SY
A3-4 34,381
A3-5 (34,381)
A3-6 (34,381)
A3-7 (37,479)
A3-8 37 479
(75,638.20)
1487,227.00)
DATE: February 16, 2011
ENGINEER'S ESTIMATE: Baba Bid - S6,119,200,00
HAAS -Anderson Construction
140 Holly Road
Corpus Christi, Tx 76467
UNIT TOTAL
50,000.00
1112,437.00)
;� at �:� i u o ; ° i%a?i'- `4 h ✓M.5 '' xyF.E.;>:! . a_c z=.." :i i7 y ,",` a 7 +Ji' 6 1 : a{,da: ' �`r ictq°._...earAVTU' s g,54 �c; - �
6" LIME STABILIZED SUBGRADE (6%" ;!
$ 4.50 $ 168,655.50
SY 115.11:19if_61a a ° • F (l
TYPE D HOT -MIX ASPHALT CONCRETE PAVEMENT (1") BOND BREAKER
CONTINUOUSLY REIFORCED CONCRETE PAVEMENT (9') (TYPE P)
DELETE TYPE O HOT -MIX ASPHALT CONCRETE PAVEMENT (4")
DELETE SEAL COAT
47.00
20.00
2.20
299,83200
206,286.00
3,615,907.00
(687,620.00)
(75,638.20)
DELETE. FLEXIBLE BASE (COMPLETE 1N PLACE)(TYPE A GRADE 1)(12")
DELETE GEOGRID BASE REINFORCEMENT TYPE 1
(487,227.00)
112,437.00)
50000.00
$ 150,000,00
2-50,090,00
$ es0,000.00
V 650,000.00
v ' Ss
isa �;'tcRai i�.a ° • a, �e"�-u�'E a 7 �"` -�'
N:fii a r G ! F iP' ori' ..7•T` .x
rr--��� ' ar5.1 °����aw5'.�,xssl_�st���`l ate,, ' �; f5fr:Zaaj Pet ritCW -_ ..EKWrgifr,a�'ny
1.00
EFI
I
$ $
,. , _ a 744 - '777.5..'u 'S S.Ien ->�� .a Y' 1 °' 'e : 't3 ' 47 .= 5 -x.:_ - L 1-71:0T1= _7,17S 7: ' i".. 51,71g' F`°
1A
Compensation for an accelerated schedule to complete the construction from
Carmel Parkway to the Everhart intersection (includes the Everhart intersection
up to Sta. 78+00) prior to October 14,2011. This includes all construction
including utilities, concrete work & roadway items up to final riding surface
(CONTINUOUSLY REINFORCED CONCRETE). Liquidated damages
associated with this work shall be 32,000.00 per calendar day.
50,000.00
50,000.00
$
TABULATED BY: Pete Anaya, P.E. - Director of Engineering Services
TIME OF COMPLETION: BASE BID 435 Calendar Days
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRIST!, TEXAS
Staples Street Phase 2 - Barracuda Place to Golllhar Road
DATE: February 16, 2011
ENGINEER'S ESTIMATE: Base Bid - $6,119,200.00
Project No. 6469
ITEM CITY
UNIT
Texas Sterling Construction Co.
20610 Ferndush Lane
Houston, Tx 77073
13ay Ltd.
P.O- BOX 9909
Corpus Christi, Tx 78469
DESCRIPTION
UNIT -
PRICE
TOTAL
UNIT
TOTAL
HAAS -Anderson Construction
1401 Holly Road
Corpus Christi, Tx 78467
UNIT
PRICE PRICE PRICE PRICE
TOTAL
PRICE
,:.01.'-, -.1M `%aP- s- 20`._ ,, t*1 �" "s•` �,4iq Ate! . m- ! o- '« ^ g' aq'W. 1 shit". :,t er 7�
f. r _.a .. € Va v'�i 55.00 $ F.��:L _ . w5.00 �9:: E� s � - . ry�i'yC..i�
A6-1 569 LF 6" PVC WATER LINE (C900 DR 1B) $ $ 37.,295.00 $ 93.00 $ 52,917.00
2,923 LF 8" PVC WATER LINE (C900 DR 18) $ 60.00 $ 175,3$0.00 $ 54.00 $ 157,842.00
7 EA 6" GATE VALVE 5 65.00 $ 455.00 $ 730.00 $ 5,110.00
19 _ EA 8" GATE VALVE $ 1,070.00 $ 20,330.00 5 1,190.00 5
19 EA 8" - 45 DEGREE KENOS
20,900,00
40 EA 6"- 45 DEGREE BENDS $ 102.00 $ 4,060.00 $ 170,00 $ 6,600.00
$ 135.00 $ 2,565.00 $ 217.00 $
EA 8" X 6" CROSS $ 265.00 $ 1,08 .00 $ 350.00 $
EA 12" X B" CROSS $ 450.00 $ 450.00
EA 8' X 6" TAPPING SLEEVE 5 3,025.00 $ 307$.00
EA 20" X 6' TAPPING SLEEVE $ 4,700.00 $ 4,700.00
EA 24" X 8" TAPPING SLEEVE 55,700.00 5 (17,100.001
12" X 8" TEE $ 429.00 $ 1429.00)
8" X 8' TEE 5 230.00 5
920.00
$ 195.00 5 585.00
5 120,00 $ 120.00
5
120.00 5 {120.00) $ 347.00 $ (341,o0M S $82.00
$
40.00 5 40.00 5 130.00 $ 130.00 5
377.00
$ 21.00 $ 1,323,00 $ 89.00 $ 5,607.00 $ 36.00
5 4,010.00 $ 40,100.00 $ 1,700.00 5 17,000.00 $ 5,903.00
$ 3,500.00 $ 14,500.00 $ 1,300.00 $ 3,900.00 $ 5,587.00
$ 15.00 $ 102,120.00 5 11.30 $ 76,930.40
5 1.00 5 3,492.00 $ 1.30 $ 4,539.60
yµ' 5 1,900.00 5 5,700.00 $ 830.00 $ 2 ' 90.00
i .. ;` �'.Fe`3i'zM ,. L,' _ L' 111:
A6-2
A6-3
A6-4
A6-5
A6-6
A6-7
AE -8
A6-9
A6-10
A6-11
A6-12
A6-13
4
$ 56.00
$ 46.00
$ 1,055.00
31,864.00
134,458.00
7,385.00
4,123.00 $
A6-14
A6-15
A6-16
A6-17
A6-18
A6-19
A6-20
A6-21
-3
-1
4
3
1
-1
63
10
3
6,808
EA
EA
EA
EA
EA
LF
EA
EA
SF
8"X6"TEE
6" X 4" REDUCER
8" X 4" REDUCER
6"-12" PLUG
REMOVE 4" - 12" WATER LINE
FIRE HYDRANT ASSEMBLY W16"x6" TEE & 6" GATE VALVE
5 540.00 $
5 2,200.00 $
$ 3,200.00 $
5 4,100.00 $
576.00 $
1,400.00 $ 772.00 $
540.00
2,200.00
3,200.00
(12,300.001
5 1,102.00 5
$ 4,093.00
$ 7,145.00
$ 7,250.00
$
5 530.00 $ (530.00) $ 890.00
$ 345.00 $ 1,390.00 $ 679.00
$ 300.00 $ 900.00 $ 670.00
FIRE HYDRANT ASSEMBLY 6" GATE VALVE
UTILITY PAVEMENT REPAIR
TRENCH SAFETY (WATER LINES)
WATERLINE CONNECTION 6" 8" 12" & 16"
TOTAL BASE BID (PART A+PART B+PART ['PART D+PART E+PART FMART G+PART H+PART I):
TOTAL ALTERNATE NO. 1(ITEM A1-1):
TOTAL ALTERNATE NO. 2 [ITEM A2-1- A2-8):
TOTAL ALTERNATE NO.3 (REM A3-1- A3-8)'
TOTAL ALTERNATE N0.4 (ITEM A4-1):
TOTAL ALTERNATE NO.5 (ITEM A5.1}:
TOTAL ALTERNATE NO.6 (ITEM A6 -1-A6-23}:
$ 224.00 $ 224.00 $ 386.00
$ 10.75
$
$
1.25
3,820.00
5
5
5
10,944.00
3,088.00
1,102,00
4,093.00
7,145.00
(21,750.00)
(990.001
2,716.00
S
$
2,010.00
366.00
(392.00)
$
5
S
377.00
2,268.00
59 030.00
$
16,761.00
73 196.00
$
$
4,365.00
11,460.00
BID SUMMARY
5
5
6,313,253.50
20,000.00
$ 927,758.30
6,490,028.18
50,600.00
60 810
$ 927,759.30 NO8I0
$ 50,000.00 $ 150,000.00
$ 7,034,287.05
$ 350,0110.00
810 1316
NO BID
$ 650,000.00
$ 50,000.00 NO BID N09113
S 390,591.00 $ 354,956.00
$ 399,854.00
PROJECT BUDGET
STAPLES STREET PHASE 2
FROM BARRACUDA PLACE TO GOLLIHAR ROAD
Project No. 6469
March 8, 2011
FUNDS AVAILABLE:
Streets CIP (Bond 2008)
Storm Water CIP
Water CIP
Wastewater CIP
Gas CIP
FUNDS REQUIRED:
Construction (Texas Sterling Construction Company)
Contingencies
Consultant Fees:
*Consultant (LNV Engineering)
Original Contract - Phase 2: $947,038
Amendment No. 1 - Phase 2: $44,700
Amendment No. 2 - Phase 2: $16,200
Construction Observation Services (LNV Engineering)
Geotechnical Testing (Tolunay -Wong Engineers)
Materials Testing (Tolunay -Wong Engineers)
Reimbursements:
Contract Administration (Contract PreparationlAward /Admin)
Engineering Services (Project MgtlConstr Mgt/Traffic Mgt)
Finance Issuance
Misc. (Printing, Advertising, etc.)
ESTIMATED PROJECT BUDGET BALANCE
$6,550,000.00
$4,632,226.00
$376,588.00
$231,789.00
$93,91 8.00
TOTAL $11,884,521.00
$6,383,253.50
$638,325.00
$1,007,938.00
$94,754.00
$10,934.75
$88,270.00
$143,623.20
$223,413.87
$79,790.67
$31,916.27
TOTAL $8,702,219.26
* This contract dollar value shown for Phase 2 work exclusively.
$3,182,301.74
EXHIBIT "D"
Page 1 of 1
LNV
SOLUTIONS TODAY WITH
engineers I architects I contractors A VISION FOR TOMORROW
February 21, 2011
Mr. Pete Anaya, P.E.
Director of Engineering Services
City of Corpus Christi
P.O. Box 9277
Corpus Christi, Texas 78469 -9277
Re: Staples Street, Phase 2
Barracuda Place to Gollihar Road (Bond 2008)
City Project No 6469
Construction Contract Award - Letter of Recommendation
Dear Mr. Anaya:
On Wednesday, February 16, 2011, three (3) bid packages were received and opened for the
above referenced project. None of these proposals contained mathematical errors.
The proposal for this project consisted of the following:
Base Bid consists of (approximately) 37,479 square yards of roadway excavation, 37,479
square yards of flexible base, 34,38] square yards of HMAC, 37,479 square yards of geo-
grid, 8,816 linear feet of curb and gutter, 49,090 square feet of concrete sidewalk, 4,534
linear feet of 18 " -54" RCP, 1,029 linear feet of concrete box culvert, curb inlets,
proposed 5' diameter manholes, 470 linear feet of 8 " -15" PVC wastewater line, 2,703
linear feet of 6 " -12" PVC water line, 6 " -20" gate valves, fire hydrant assemblies, 8 " -24"
tapping sleeves, ADA improvements, concrete bus pad and traffic signal improvements
The project also includes the following alternate bid items:
1. ALTERNATE NO. 1 - ALTERNATE TRAFFIC CONTROL PLAN &
CONSTRUCTION SEQUENCING: Consists of constructing the proposed
improvements in three (3) separate parts or phases.
a. Part 1: Carmel Parkway to Everhart (Includes both intersections from Sta. 54 +00
to Sta. 78+00)
b. Part 2: Barracuda to Carmel Parkway.
c. Part 3: Everhart to Gollihar / Autotown.
2. ALTERNATE Nt3. 2 -- CONTINUOUSLY REINFORCED CONCRETE
PAVEMENT IN LIEU OF HMAC (SEQUENCING/TRAFFIC CONTROL SAME
AS SHOWN FOR THE BASE BID): Consists of installing 9" of continuously
reinforced concrete pavement (Type P) in Iieu of HMAC from Barracuda to Gollihar /
Autotown.
801 NAVIGATION 1 SUITE 300 I CORPUS CHRISTI, TEXAS 78408
OFFICE 361.8B3.1984 I FAX 361.883.1986 I W1VW.LNViNC.COM
-286-
EXHIBIT "E"
Page 1 of 3
Mr.. Pete Anaya, P.E.
February 21, 2011
Page 2 of 3
3. ALTERNATE NO. 3 — CONTINUOUSLY REINFORCED CONCRETE
PAVEMENT IN LIEU OF HMAC (SEQUENCING/TRAFFIC CONTROL SAME
AS SHOWN FOR ALTERNATE NO. 1): Consists of installing 9" of continuously
reinforced concrete pavement (Type P) in lieu of HMAC. Sequencing and phasing limits
are the same as shown in Alternate No. 1.
4. ALTERNATE NO. 4 -- EXPEDITED SCHEDULE FOR CARMEL PARKWAY TO
EVERHART (HMAC OPTION): provides for additional compensation to the
Contractor for an accelerated construction schedule to complete the project by October
14, 2011 (from Notice to Proceed). This only applies for the section of work from Carmel
Parkway to Everhart (Includes both intersections from Sta. 54 +00 to Sta. 78 +00). This
work would need to be completed in its entirety prior to October 14, 2011. This includes
completing the utility work, concrete work, and HMAC overlay (excluding the final 2"
HMAC overlay). The anticipated start of Construction for this project is estimated to be
around April 11. 2011 (approximate).
5. ALTERNATE NO. 5 -- EXPEDITED SCHEDULE FOR CARMEL PARKWAY TO
EVERHART (CONCRETE OPTION): provides for additional compensation to the
Contractor for an accelerated construction schedule to complete the project by October
14, 2011 (from Notice to Proceed). This only applies for the section of work from Carmel
Parkway to Everhart (Includes both intersections from Sta. 54 +00 to Sta. 78 +00). This
work would need to be completed in its entirety prior to October 14, 2011. The
anticipated start of Construction for this project is estimated to be around April 11, 2011
f approximate).
6. ALTERNATE NO. 6 — WATER LINE MROVE1YIENTS: Consists of
approximately 3,492 linear feet of 6 " -12" PVC waterline and associated fittings, 6 " -12"
gate valves, 8 " -20" tapping sleeves & valves and fire hydrant assemblies.
The low bidder based on the Total Base Bid is Texas Sterling Construction Cornpany from
Houston, Texas. The Total Base Bid amount is $6,313,253.50.
Aside from the total base bid amount, several different combinations of Base Bid (BB) plus the
Alternates (Alt.) have been evaluated and Texas Sterling Construction Company is the low bidder
on all possible combinations of award.
The bids received for this project are within the budget for this project. Based on the information
submitted by the Contractor and evaluating the budget for the project, 1 recommend that the City
award the following:
• Base Bid + Alternate No. 1 + Alternate No. 4 in the amount of $6,3$3,25350 to
Texas Sterling Construction Company.
The method of award recommended above includes the hot -mix asphalt pavement option
included in the base bid. The alternates recommended include breaking up the traffic control plan
into three (3) phases as described above ($20,000.00) and also compensates the Contractor for
completing the project on an expedited schedule ($50,000.00).
1 have received and reviewed from Texas Sterling Construction Company the information
required in Special Provisions A -28, A -29, and A -30. This information is enclosed for your
—287—
EXHIBIT "E"
Page 2 of 3
Mr. Pete Anaya, P.E.
February 21, 2011
Page 3 of 3
review. Based on the information submitted for Special Provisions A -28, A -29, and A -30, Texas
Sterling Construction Company, has the experience and resources required to complete this
project.
Texas Sterling Construction Company will use Highway Barricades and Service, Soil Tech, Inc.,
Reliable Signal & Lighting Solutions, Panther Creek Transportation, and Rosales R. Trucking as
sub- contractors on this project.
The MBE participation goal for this project is 15% and the minority participation goal is 45 %.
Texas Sterling Construction Company is committed to make every effort to pursue and achieve
these goals.
The hot -mix asphalt pavement section recommended was compared to the additional cost
associated with the proposed concrete pavement section. Both the hot -mix pavement section and
the concrete pavement section are based on a 30 -year design life. The total cost for the concrete
pavement option for this project would be an additional $427,758.30. Therefore, based on the
excessive cost associated with the concrete pavement option, it is my recommendation to award
the project with the proposed hot -mix asphalt pavement option included in the base bid.
Also, enclosed is the project bid tabulation and Texas Sterling Construction Company's proposal
form for this project.. Please feel free to give me a call if you have any questions.
Sincerely,
LNV, Inc.
TBPE No. t~ -365
—■rlsrr
Ant• o Sae
Project Manager
Enclosures:
1. Response to Special Provisions A -28, A -29 & A -30
2. Bid Tabulation
3. Texas Sterling Construction Company Bid Proposal
CC: Dan Biles, P.E. — City of Corpus Christi — Engineering Services
Govind Nadkarni, F.E. - City of Corpus Christi — Engineering Services
Riaz Ahmed - City of Corpus Christi — Engineering Services
U ;Corpus Christi1100078- Staples St1010113id Documents102 -21 -11 PAnaya Ltr of Rec.dac
-288-
EXHIBIT "E"
L Page 3 of 3
File : \M•roject \councilexh exh6469.dwg
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NOT TO SCALE
PROJECT #6469
EXHIBIT 'F"
Staples Street -
Phase 2 from Barracuda to Gollihar
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: loft
DATE: 02 -23 -2011
NNW MO
ma
i�v
Staples Street, Phase 2
Barracuda Place to GoIIihar
Road
Bond Issue 2008
(Project No. 6469)
Council Presentation
March 8 2011
Outline
Background
Project Scope
Project Bidding Information
Project Schedule
Project Budget
Background
3
Background
This project was approved by voters November 4
2008 in the Bond Issue 2008 Package under
Proposition No. 1 Street Improvements.
Staples Street, Phase 2 consists of the removal and
reconstruction of Staples Street from Barracuda
Place to Gollihar Road/Autotown Drive.
Project Scope
Existing Cross -Section
,ROIM-
50.Of-
E XISTING.
N A
'
E30SIItG SIDEWALK
EXISTINGNA
51JO'
TYPICAL
120' 12_4'
TRONEL LANE
TRAVEL LANE
1'30'
12_0'
TIRAYEL LANE TRAVEL LANE
H T1 NG PAVEiENT--10- JICP
EXISTING
NATURAL
CKeOura D
4A'
NO SIDEWALK
5
Project Scope
Proposed Cross -Section
100.0' ROW
50.0'
50.0'
2.0'
8.0'
SI DEWALI
67.0' GEOGRID
& FLEX BASE
7.5'
1.0'
61.0' SURFACE CROWN & FLEX BASE
30.5'
30.5'
12.0' 12.0'
TRAVEL LANETRAVEL LANE
2.0' C&G
130'
TURN LANE
2.6%
2.6%
12.0'
TRAVEL LAN
12.0'
4VEL LAN
2.0' C&G
7.5'
1.0'
5ID
2.0'
12' COMPACTED SUBGRAOE TO 95%
STANDARD PROCTOR (ASTM D 698)
DENSITY AT OR ABOVE OPTIMUM
MOISTURE CONTENT.
4' TYDHMAC
(EST 0 440# / SY)
ONE -COURSE SURFACE
TREATMAENT
PRIME COAT (MC -30)
12' TT A OR 1 FLEXIBLE BASE
(CRUSHED UME STONE)
TY 1 GEOGRID REINFORCEMENT
TENSAR TXS-475 OR
APPROVED EQUAL PRIOR TO BID
6
Project Scope
Scope of work includes demolition of the existing five lane
roadway and complete pavement reconstruction, from
subgrade to surface.
The proposed roadway section will consist of two travel
lanes in each direction with a continuous left turn lane.
Other improvements include ADA -compliant facilities as well
as an upgrade of existing storm water, water, and
wastewater infrastructure.
Phase 2 also includes RTA improvements, traffic signals, and
MIS improvements.
Project Bidding Information
Six Bid Options
Base Bid — Flexible (Hot -Mix Asphalt) Pavement Option with standard traffic control
PI
an
— Alternate 1— Divides the project into three (3) separate traffic control phases
— Alternate 2 — Rigid (Concrete) Pavement Option with Base Bid standard traffic
control plan
— Alternate 3 — Rigid (Concrete) Pavement Option with Alternate 1 traffic control
p
lan
— Alternate 4 — Expedited Construction Schedule with Flexible (Hot -Mix Asphalt)
Pavement Option (to accommodate grand opening of Wal-Mart Store at Parkdale
Plaza
)
— Alternate 5 — Expedited Construction Schedule with the Rigid (Concrete) Pavement
Option (to accommodate grand opening of Wal-Mart Store at Parkdale Plaza)
— Alternate 6 — Additional Waterline Improvements (Barracuda to Gollihar)
8
Project Bidding Information
Recommendation
— Award Base Bid + Alternate 1 + Alternate 4 to Texas Sterling Construction
Co. of Houston, TX in the amount of $6,383,253.50
• Offices in DFW, San Antonio, Houston and Austin
• Subsidiary of Sterling Construction Co., the 26th largest domestic heavy contractor with
almost $400M in revenue in 2009.
— Cost Breakdown of the Recommendation of Award
• Base Bid: $6,313,253.50
• Alternate 1: $20,000.00
• Alternate 4: $50,000.00
— Contingency of Recommended Award
• The recommended award of both Alternate 1 and Alternate 4 are contingent upon Wal-
Mart Stores, Inc. funding 100% of the additional costs totaling $70,000.00.
9
Project Schedule
Project Estimate: 435 Calendar Days 14.5 Months 1.17 Years
Projected Schedule reflects City Council award in March 2011 with
anticipated construction completion in June 2012.
10
Project Budget
E:
08)
Storm Water CIP
Water CIP
Wastewater CIP
Gas CIP
TOTAL
FUNDS REQUIRED:
Construction (Texas Sterling Construction Company)
Contingencies
Consultant Fees:
Consultant (LNV Engineering)
Original Contract- Phase 2: $947,038
Amendment No. 1 - Phase 2: $44,700
Amendment No. 2 - Phase 2: $16,200
Construction Observation Services (LNV Engineering)
Geotechnical Testing (Tolunay-Wong Engineers)
Materials Testing (Tolunay-Wong Engineers)
Reimbursements:
TOTAL
ESTIMATED PROJECT BUDGET BALANCE
$6,550,000.00
$4,632,226.00
$376,588.00
$231,789.00
$93,918.00
$11,884,521.00
$6,383,253.50
$638,325.00
$1,007,938.00
$94,754.00
$10,934.75
$88,270.00
$478,744.01
$8,702,219.26
$3,182,301.74
11
Staples Street, Phase 2
Barracuda Place to Gollihar
Road
Bond Issue 2008
Questions?
24
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: March 8, 2011
AGENDA ITEM:
RESOLUTION INITIATING THE CITY COUNCIL'S REVIEW AND IMPLEMENTATION OF REVISED
POLICIES TO GOVERN THE ADOPTION OF THE CITY'S CAPITAL IMPROVEMENT PLAN AND
USE OF THE COMMERCIAL PAPER PROGRAM
ISSUE:
Revision of Council policies in Part II of the Code of Ordinances requires Council approval of resolution.
REQUIRED COUNCIL ACTION:
Approval of the aforementioned Resolution.
PREVIOUS COUNCIL ACTION:
Presentation of Capital Improvement Program Recommendations made to Council on 2.22.11. A resolution
supporting the recommendations was to be compiled, presented and recommended to approve at the second
reading Ordinance approving the FY 2011 Capital Budget and Capital Improvement Planning Guide.
CONCLUSION AND RECOMMENDATION:
Staff recommends approval of resolution.
Attachments
—317—
Oscar Martinez
ACM Public Works & Administrative Services
OscarM @cctexas.com
825.3 897
T.
R
1. Replace Commercial Paper Program with a more formal
bond or revenue note issuance which requires each project
approved by Council to be authorized by funding amount
and cost category (i.e., design, construction, inspection,
etc.
).
2. Approval of Utility Capital Improvement Program should
precede, or at the very latest coincide with the operating
budget with specific review process of prior year budgeted
costs to actual amounts expended, forecasted capital costs,
projected utility rate increases, and estimated operating
cost impact.
Long-term capital project strategies should be developed,
deliberated and formally adopted by the City Council.
lytTt
A policy regarding the funding of the utility costs
associated with General Obligation bond projects should
be considered and adopted.
A policy on the use of the capital reserve fund should be
developed and recommended.
6. Staff responsibility, with the necessary authority, for the
management of the Capital Improvement Program should
be identified and accountability for specific outcomes
assigned.
A review of Storm Water capital projects and the burden
these projects place on Water rates should be
undertaken.
lytTt
A review of the utility rate model by staff and
presentation to Council should be completed to insure the
benefits of tool are optimized.
A review of the Capital Improvement Program should be
undertaken by our Financial Advisor to ascertain the
potential impact of future trends and risks in the
municipal bond market
10. These recommendations should be included with the
Capital Improvement Program adopted this year.
Page 1 of 3
RESOLUTION
INITIATING THE CITY COUNCIL'S REVIEW AND IMPLEMENTATION
OF REVISED POLICIES TO GOVERN THE ADOPTION OF THE CITY'S
CAPITAL IMPROVEMENT PLAN AND USE OF THE COMMERCIAL
PAPER PROGRAM
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. Prior to the adoption of the City's next Capital Improvement Plan, the City
Council shall amend the Council Policies in Part II of the Code of Ordinances to reflect
the following practices:
a. The Council shall replace the current Commercial Paper Program with a more
formal bond or revenue note issuance that requires each project approved by
Council to be authorized by funding amount and cost category (Le., design,
construction, inspection, etc.).
b. The Council's approval of the Capital Improvement Plan for the City's utilities
shall precede or at the latest coincide with the Council's approval of the utilities'
operating budgets. The approval process for the Capital Improvement Plan for
the utilities must include a review of the prior year's budgeted costs to actual
amounts expended; forecasted capital costs, projected utility rate increases, and
estimated operating cost impact.
c. The Council shall develop, deliberate, and formally adopt a long term capital
project strategy, that will be reviewed on an annual basis prior to the adoption of
the City's Capital Improvement Plan.
d. The Council shall adopt a policy regarding the funding of the utility costs
associated with General Obligation bond projects.
e. The Council shall develop and adopt a policy on the use of the City's capital
reserve funds.
f. The Council shall review the storm water capital projects and the burden on
these projects place on the City's inside the city limits water customers through
the City's water rates.
SECTION 2. The City Manager shall manage the administration of the City's Capital
Improvement Program, and shall publish a City policy that identifies the staff elements
with the necessary authority and responsibility for providing the necessary supporting
materials for the City Council and implementing the policies formally established by the
City Council.
Capital Improvement Plan Resolution 03032011
—321—
Page 2 of 3
SECTION 3. The City Manager shall review the City's utility rate model and present
recommendations to the City Council on how the use of the rate model can be
optimized as a management tool for the City.
SECTION 4. The City's Financial Advisor shall review the City's Capital Improvement
Program to ascertain the potential impacts on the program of future public financing
trends and the risks in the municipal securities market and report its recommendations
to the City Council prior to the adoption of the City's next Capital Improvement Plan.
ATTEST:
Armando Chapa
City Secretary
APPROVED: 3`d day of March, 2011.
R. Jay Reining
First Assistant City Attorney
For City Attorney
Capital Improvement Plan Resolution 03032011
THE CITY OF CORPUS CHRISTI
Joe Adame
Mayor
—322—
Corpus Christi, Texas
of , 2011
The above resolution was passed by the following vote:
Joe Adame
Chris N. Adler
Larry R. Elizondo, Sr.
Kevin Kieschnick
Priscilla Leal
John E. Marez
Nelda Martinez
Mark Scott
Linda Strong
Capital Improvement Plan Resolution 03032011
-323-
Page 3 of 3
25
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: March 8.2011
AGENDA ITEM:
Second reading Ordinance approvingihe FY 2011 Capital Budget and Capital Improvement Planning Guide in
the amount of $173,982,100.
ISSUE:
City Charter requires the City Council to review the recommendations of the Planning Commission and act on
the Capital Budget.
REQUIRED COUNCIL ACTION:
Second reading Ordinance approving the FY 2011 Capital Budget and Capital Improvement Planning Guide.
PREVIOUS COUNCIL ACTION:
Public hearing and Recommendation to approve the FY 2011 Capital Budget and Capital Improvement
Planning Guide made by the Planning Commission on November 17, 2010.
Public Hearing of FY 2011 Capital Budget and Capital Improvement Planning Guide on December 7, 2010.
Presentation of Utility Rate Impact of FY 2011 Capital Budget and Capital Improvement Planning Guide in the
amount of $173,982,100 was made to Council February 8, 2011.
Presentation of FY 2011 Capital Budget and Capital Improvement Planning Guide in the amount of
$173,982,100 was made to Council February 15, 2011. Council delayed vote until February 22, 2011 as to
give public time to review newly printed document and comment.
First reading Ordinance approving the FY 2011 Capital Budget and Capital Improvement Planning Guide in
the amount of$173,982,100 was made on February 22, 2011.
CONCLUSION AND RECOMMENDATION:
Approve the FY 2011 Capital Budget and Capital Improvement Planning Guide in the amount of
$173,982,100.
Juan Perales, Jr. ' .E.
ACM Develop ' ► ent and Engineering Services
johnnyp@cctexas.com
(361)826 -3828
-327 -
ORDINANCE
APPROVING THE FY 2011 CAPITAL BUDGET AND CAPITAL
IMPROVEMENT PLANNING GUIDE IN THE AMOUNT OF $173,982,100.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the FY 2011 Capital Budget and Capital improvement
Planning Guide in the amount of $173,982,100 is hereby approved. A copy of
the FY 2011 Capital Budget and Capital Improvement Planning Guide will be
filed in the Office of the City Secretary.
That the foregoing ordinasiye was read fo the first time and passed to its second
reading on this the ,-day of , 2011, by the following vote:
John E. Marez
Joe Adame
Chris N. Adler
Larry Elizondo
Kevin Kieschnick
Priscilla G. Leal
Nelda Martinez
Mark Scott
Linda Strong
That the foregoing ordinance was read for the second time and passed finally on this
the day of , 2011, by the following vote:
Joe Adame
Chris N. Adler
Larry Elizondo
Kevin Kieschnick
Priscilla G. Leal
John E. Marez
Nelda Martinez
Mark Scott
Linda Strong
PASSED AND APPROVED, this the day of , 2011.
ATTEST:
Armando Chapa
Joe Adame
City Secretary Mayor
APPROVED as to form: 9-.� . Le -r- 17, L'2.°1/
By: ,,. r
Lisa Agtilil'ar, Assistant City Attorney
for the City Attorney
17(1
1
Capita
FY 11
mprovement Program -
March 8. 2011
° CELIET.
7
1. Replace Commercial Paper Program with a more formal
bond or revenue note issuance which requires each project
approved by Council to be authorized by funding amount
and cost category (i.e., design, construction, inspection,
etc.
).
2. Approval of Utility Capital Improvement Program should
precede, or at the very latest coincide with the operating
budget with specific review process of prior year budgeted
costs to actual amounts expended, forecasted capital costs,
projected utility rate increases, and estimated operating
cost impact.
Long-term capital project strategies should be developed,
deliberated and formally adopted by the City Council.
ITfflI
A policy regarding the funding of the utility costs
associated with General Obligation bond projects should
be considered and adopted.
A policy on the use of the capital reserve fund should be
developed and recommended.
6. Staff responsibility, with the necessary authority, for the
management of the Capital Improvement Program should
be identified and accountability for specific outcomes
assigned.
A review of Storm Water capital projects and the burden
these projects place on Water rates should be
undertaken.
ITfflI
A review of the utility rate model by staff and
presentation to Council should be completed to insure the
benefits of tool are optimized.
A review of the Capital Improvement Program should be
undertaken by our Financial Advisor to ascertain the
potential impact of future trends and risks in the
municipal bond market
10. These recommendations should be included with the
Capital Improvement Program adopted this year.
cpm
Commercial
Par/Revenue
Bonds, $85,393.7-38%
{Certificates of
ObIiga on, $6,946.5 -
4
Operating
Transfers/Other, $5,029.
0-3%
in 000's)
Bond Issue 2008
Proceeds, $63,65.0 -
37%
4-A
Corporation, $12,791.9 -
Anticipalion
022.9- 2%
Bond Issue 2004
Proceeds, $4,108.0-2%
FAA Grp $7,845.2 -
Tax Increment Financing
District
Revenue, $2,624.0-1%
cpm
Public Health
Safety. $3,658.4.-2%
Public
Faciities, $16,018.6 -
(Amounts in 000's)
Streets, $5e,548.3 -
34%
Storm
Water, $13,738.0 -
Parke
Recreation, $17,455.
1-10
Gas, $2,523.4 - 2
Airport, $11,005.0 -
Wastewater, $34,842
.3-20%
Vater, $15,190.0 -
!-
74 MD% ns
$200
$150
$100
$50
so
FY 2011
FY2012
FY 2013
■Tnx Notes ■ Other ■ Grants ■ G.O. Bonds 2008 ■ G.O. Bonds 2004 ■ Cert. of Obl. ■ Comm. Paper/Rev. Bonds
INote: The short-term (3 -year) part of this Planning Guide generally reflects funds already on hand. The funding decline
reflected above is due mostly to current grant awards, Tax Notes, and Bond Proceeds being used for the completion, or
deferral, of Bond 2004, 2008, and other non -Bond utility projects.
z
$200 7
FY 2011
FY 2012 FY 2013
■ Gas ■ Pnrks & Recreation 0 Airport ■ Scricsl6 ■Public Facilities ■ Streets ■ Wastewater ■ Water ■Public Health & Safety
INote: The short-term (3 -year) part of this Planning Guide generally reflects funds already on hand. The expenditure
decline reflected above is due mostly to the completion and/or deferral of Bond 2004, 2008, and other non -Bond utility
projects.
Combined Summary
Long -Range CIP with UI ly Rolup
(Amount; in 0005)
Program
FY20'14AND
BEYOND
16,460.0
1%
Parks & Recreation
11522.5
8%
Pubic Faciities
3,934.0
06
Pubic Healh & Safety
64,9847
4%
Streets of Utiities)
443,715.4
30%
Utiity Roil
843,723.8
51%
TOTAL:
$ 1185,310.4
10096
Note: The above Tong -range CIP chart (for pars 4 and beyond) ilustrates heavy reliance on revenue bonds to find au+er half (51%) of Uwe capital
projeds
k is important to also note that not included in the above figures is over $317 milon in additional pending projects that may regiire utiity proceeds_
At the date of printing, 53_5M wotid be in Storm Water (Downtown Drainage, Solar Est Wiiams Dr_) and 263_5M would be in Water Tarwooxl
ON Stevens, North Ship Charnel Please see Long -Range section of Storm Water and Water forfirther information_
r
s
td r; pcd \j!j r
\_/\_/;
Year
ifig
r
Water (Combined) Wastewater
FY 2012
2.2% 4.9%
FY 2013
2.3% 5.2%
FY 2014
2.5% 4.7%
3 -Year Impact
7.2% 15.5%
Please see Water (Combined) breakdown between Water and Storm Water
on following slide.
10
r
�P di<rJDN_ivrn D� Fiiiyer,ited ! ]P Drd y \jV j tr
1),;itP-• JloPt\_ivPP.ri !N;ii:Pr !N;iteri
F
NET
Year
Water
Storm Water
FY 2012
1.0% 1.2%
FY 2013
0.7% 1.6%
FY 2014
0.7% 1.8%
3 -Year Impact
2.5% 4.7%
As shown above, the driving factor of combined water rates is primarily due to
Storm Water - with Bond 2008 Streets and Outfalls being a significant contributor
therein.
11
!-
- CI
• Concrete Lined Channel Rehabilitation: Airport Ditch Phase 3
— FY 11 Cost $125K (0.02%*), Total Project Cost $2.0M
— Design complete, phased construction planned in FY 12-15
— Rehabilitates critical sections to extend the design life and maintain drainage
flow
• Ditch/Channel Regrading, Excavation and Clearing
— FY 11 Cost $175k (0.02%*)
— Annual recurring project to identify and prioritize ditch improvements to include
regrading, slope re -contouring and stabilization, pilot channels and other best
management practices
• Downtown Drainage Improvements, Phase 3 Hughes Street Pump Station,
Interceptor and Discharge
— FY 11 Cost $670k (0.09%*), Total Project Cost $25.6M
— Design complete, ready to bid
— This is the final phase of the Downtown Drainage improvements implemented to
alleviate flooding in the Arena and Port areas
*approximate rate increase
12
!-
F
• Drainage Channel Excavation, Master Channel 31
— FY 11 Cost $75K (0.01%*), Total Project Cost $1.6M
— Negotiating the A/E design contract
— Corrects severely eroded side slopes and bottom channel to improve
drainage conveyance capacity
•Hopkins Road Drainage Improvements
— FY 11 Cost $400k (0.05%*)
— Under Construction
— This project will improve the conveyance capacity by addressing
restrictions with existing culverts, ditch erosion and flow line problems
Horne Road Ditch Improvements
— FY 11 Cost $25k (0.0%*), Total Project Cost $225k
— Design complete, ready to bid
— Repair of multiple slough -offs along the ditch near the Gabe Lozano Golf
Course
*approximate rate increase
13
!-
I
NT
• McNorton Channel Improvements
— FY 11 Cost $200K (0.03%*), Total Project Cost $7.7M
— Initial work under construction
— Improvements in the Gilliam Road Industrial Area
• Minor Storm Drainage Improvements
— FY 11 Cost $100k (0.01%*)
— Annual recurring project to identify and prioritize minor ditch and
channel improvements to include regrading, slope re -contouring and
stabilization
Oso Tributary Detention Improvements (FEMA)
— FY 11 Cost $900k (0.0%*), Total Project Cost $2.2M
— FEMA Grant project, in planning stages
— Construction of upstream detention along LaVolla Creek on city
property.
*approximate rate increase
14
!-
• Salt Flats Drainage System Improvements, Phase 3
— FY 11 Cost $510K (0.07%*)
— Under Construction
— This is the final phase of major drainage improvements to the Salt Flats system
• Schanen Ditch
— FY 11 Cost $100k (0.01%*), Total Project Cost $700k
— Under design for construction in FY 12-13
— Improves the existing channel by flattening the channel side slopes and repair slope failures with
stabilization matting and other improvements
• Till Creek Drainage Basin Improvements
— FY 11 Cost $500k (0.06%*)
— Under construction
— Extends the drainage trunk main to address flooding on the north side of Barrogate Road.
• Turtle Cove/Jester/Matlock Area Drainage
— FY 11 Cost $50k (0.01%*), Total Project Cost $950k
— Under Design
— Installs a new underground drainage system and other improvements to address flooding issues
in the northern area on Flour Bluff
*approximate rate increase
15
!-
F
Pg
• Allison Plant Improvements - Bar Screen Replacement
— FY 11 Cost $100K (0.02%*), Total Project Cost $2.1M
— Design complete, construction planned in FY 12-13
— Existing equipment is beyond useful service life and is critical to safe plant
operations
•New Broadway Plant
— FY 11 Cost $19M (4.0%*), Total Project Cost $65.2M
— Under Construction
— Existing plant was beyond it's useful service life, the new plant will provide state
of the art treatment meeting all state and federal requirements
• Greenwood Plant Lift Station Rehabilitation
— FY 11 Cost $1.2M (0.3%*), Total Project Cost $1.3M
— Under Construction (in project close-out)
— Project consist of removal of the existing pumps and piping from inside the wet
well and providing new larger pumps and internal piping
*approximate rate increase
16
!-
F
• Oso Water Reclamation Plant Interim Ammonia Improvements
— FY 11 Cost $560K (0.13%*), Total Project Cost $4.1M
— Under design, construction planned in FY 12-13
— TCEQ has added effluent nutrient (ammonia) limits as part of the
proposed Oso WRP permit renewal.
• Oso Water Reclamation Plant — Aerobic Digester #2
— FY 11 Cost $40k (0.01%*), Total Project Cost $580k
— This project will install new pre -thickener pumps at Aerobic Digester #2
as part of a multi -phased project to address aging infrastructure
Oso Water Reclamation Plant - Effluent Re -use Pump Station
— FY 11 Cost $2.OM (0.5%*), Total Project Cost $2.5M
— Under Construction
— Provides for a new pump station at the Oso WRP to supply effluent
water to several City Parks, local golf courses and TAMU-CC
*approximate rate increase
17
!-
• Oso Water Reclamation Plant West Aeration Basin Rehabi i a ion
— FY 11 Cost $45K (0.01%*), Total Project Cost $1.7M
— Under design, construction planned in FY 14
— Consist of improvements/replacement of the existing walkways on the west
plant aeration basins and digester
•Oso Water Reclamationi
— FY 11 Cost $100k (0.02%*), Total Project Cost $4.0M
— Under design, construction planned in FY 14-16
— Several process units are in need of replacement. This project constructs
redundant processes to allow the existing ones to be upgraded while continuing
operations.
• Oso & Whitecap Sanitary Sewer Rehabilitation (Parts A, B, C, D, E & F)
— FY 11 Cost $900k (0.2%*), Total Project Cost $2.5M
— In construction close-out
— This project employed pipe bursting and open cut replacement of the existing
underground line and rehab/replacement of several manholes.
*approximate rate increase
18
!-
CtF
• Oso Water Reclamation Plant Infiltration/Inflow related Collection
System Enhancement Program (SSOI Initiative)
— FY 11 Cost $1.5M (0.36%*), Total Project Cost $40M
— Under construction utilizing an ID/IQ Contract
— Part of an effort to reduce the number and volume of sanitary sewer overflows
City -Wide Hydraulic Model (SSO1 Initiative)
— FY 11 Cost $600k (0.14%*), Total Project Cost $2.0M
— Negotiating A/E Contract
— This tool is needed as the initial step in developing the comprehensive city-wide
SSOI program. It will analyze the existing system's capacity and help prioritize
the future construction work.
• Buckingham Force Main
— FY 11 Cost $800k (0.2%*), Total Project Cost $2.5M
— In construction as part of the Yorktown Bond 08 project
— Replaces an old force main and increases the capacity of the existing lift station
to meet the current and future development needs in this area.
*approximate rate increase
19
!-
1
17(1
• McBride Force Main and Lift Station
— FY 11 Cost $100k (0.02%*), Total Project Cost $2.1M
— Designed, ready to bid
— This replaces the existing force main which has had multiple failures in the past
24 months
• Cimarron & Yorktown Lift Station
— FY 11 Cost $550k (0.13%*)
— Under Construction
— This project will replace the existing lift station that was at the end of its service
life with a new lift station capable of handling the existing and projected future
flows
•Clarkwood North Lift
— FY 11 Cost $20k (0%*), Total Project Cost $2.5M
— Negotiating A/E contract
— Replaces the existing lift station that is at the end of its service life to meet the
current and future development needs in this area.
*approximate rate increase
20
!-
F
• Kennedy Causeway Lift Station and Force Main
— FY 11 Cost $105k (0.03%*)
— Construction was completed earlier this year
— Replaces the existing lift station that is at the end of its service life to
meet the current and future development needs in this area.
• Sharpsburg Lift Station and Up River Road Force Main Rehabil®tation
— FY 11 Cost $130k (0.03%*), Total Project Cost $2.4M
— Designed, ready to bid
— This project will replace the existing lift station that was at the end of its
service life with a new lift station capable of handling the existing and
projected future flows
•
ft Station Repairs - Citywide
— FY 11 Cost $1M (0.24%*)
— Negotiating A/E contract
— Recurring project to repair different Lift Stations annually
*approximate rate increase
21
7=CIITffl
• Wooldridge Lift Station Tie-in and Odor Control
— FY 11 Cost $1.0M (0.24%*), Total Project Cost $1.0M
— Under construction
— Completes the tie-in with the force main from the Buckingham Lift Station and
builds an odor control system
• Mansheim Area Improvements
— FY 11 Cost $1.1M (0.26%*), Total Project Cost $1.85M
— Under construction in conjunction with the Mansheim & Helen Bond 08 project
— This project is part of the life cycle program and prioritized to reduce the
infiltration and inflow in the Oso WRP Basin
• Veteran Cemetery Utility Improvements
— FY 11 Cost $285k (0.07%*), Total Project Cost $695k
— Currently bidding project
— Connects the effluent reuse line at Allison Water Reclamation Plant with the new
Veterans Cemetery site
*approximate rate increase
iTffl
7 l
City wide Water Re use Master Plan
— FY 11 Cost $300k (0.07%*)
— Under design
— Develops a comprehensive city-wide effluent re-use master plan
Wetlands Mitigation Bank
— FY 11 Cost $50k (0.01%*), Total Project Cost $250k
— Feasibility study
— This work is a feasibility study to determine whether the City should
invest in a regional mitigation bank as a forward-thinking and prudent
step towards addressing future project related wetland mitigation
issues.
*approximate rate increase
• ON Stevens Process Monitoring Instrumentation and Automation
Improvements
— FY 11 Cost $2.1M (0.1%*), Total Project Cost $3.0M
— Under construction
— Project will automate chemical feed equipment and provide for accurate real-
time analysis and documentation of water quality monitoring at sample points
throughout the City with immediate notification of results.
ON Stevens Facilities Feed Optimization Improvements
(Chlorine/Chloramine Optimization Assessment)
— FY 11 Cost $1.2M (0.06%*), Total Project Cost $9.2M
— Under design, with construction start estimated for FY '13
— This project will improve the location and method of chemical feed to optimize
chemical effectiveness and will increase chemical storage as necessary to meet
15 storage requirements to meet regulatory compliance.
*approximate rate increase
24
!-
• ON Stevens Electrical Distribution Improvements
— FY 11 Cost $2.0M (0.1%*), Total Project Cost $5.6M
— Under final design and pending construction award this Fiscal Year.
— The electrical equipment at the ON Stevens Water Treatment Plant was installed
through various contracts over the past 50 years. Equipment is now obsolete and
replacement parts are no longer available or are hard to reach and maintain. This
project will replace electrical equipment as necessary and required to keep the
plant operating efficiently.
•ON Stevens FacilitiesAlterations
— FY 11 Cost $100K (0.01%*), Total Project Cost $3.0M
— Under design, with construction start estimated for FY '12
— This project moves the operational areas away from the location where the
chlorine gas is stored which is currently a major safety issue
ON Stevens On Site Generation
— FY 11 Cost $50K (0.0%*), Total Project Cost $7.0M
— Pending design award in FY '12, with construction estimated for FY '13-14
— Project replaces chlorine gas feed with safer liquid hypochlorite storage and feed
*approximate rate increase
25
!-
• Padre Island Alternate Water Transmission Main
— FY 11 Cost $50K (0.01%*), Total Project Cost $5.4M
— Pending design award in FY '14 with construction estimated for FY '15-16
— Project will research existing demographics, water pressures and requirements
and plan interim and long range improvements to the Island's water supply
system
• Mary Rhodes Water Supply Pipeline, Phase 2 (Garwood Water Supply
Transmission Facilities)
— FY 11 Cost $1.5M (0.08%*), Short Range Cost $13.2M Long Range Cost $129M
— Routing plan and permitting complete, currently in land acquisition and design
— Use of Garwood Water Rights requires a pipeline from the Colorado River to the
Mary Rhodes Pipeline.
Looping of Water Lines to Eliminate Dead Ends
— FY 11 Cost $50K (0.07%*), Total Project Cost $7.1M
— Work being completed in-house on a yearly basis as funding allows.
— Project identifies, prioritizes, and implements projects in a phased approach to
install additional pipe to reduce dead ends and improve water quality
*approximate rate increase
26
-
F
• Cayo Del Oso Water Line Replacement
— FY 11 Cost $350K (0.04%*), Total Project Cost $428.3K
— Project has been completed
— Project replaces one of the two water lines to Texas A&M -CC campus to provide
redundancy and ensure service to the University
• Hopkins Road Drainage Improvements
— FY 11 Cost $200K (0.02%*), Total Project Cost $574.4K
— Under construction
— Project adjusts a water line to improve water quality and eliminate dead ends
along Hopkins Road
• Automated Meter Reading
— FY 11 Cost $825K (0.1%*), Total Project Cost $23.8M (water share only)
— Construction near completion
— Project replaces City's aging water meters and monthly meter reading with the
ability to read meter consumption electronically from a remote location.
Eliminates estimated readings and reduces manpower overtime.
*approximate rate increase
27
•
Moodys Investor Service Opinion of City of
Corpus Christi's Utility System Revenue Bond
Program
— City assigned rating of Aa3
— Water and Wastewater System will maintain a
satisfactory financial position despite the near-
term increase in annual debt service payments,
given prudent management practices and the
timely implementation of rate increases.
•
Moodys Investor Service Opinion of City of
Corpus Christi's Utility System Revenue Bond
Program
— The City employs a multi-year rate making model to
ensure satisfactory debt service coverage margins while
affording additional cash flow for system renewal and
replacement.
— Key assumptions underlying the disciplined modeling
approach are an annual expenditure of $75 million in
system capital improvements; maintenance of 3 months
operating reserves and a 1.25 debt coverage ratio.
•
Moodys Investor Service Opinion of City of
Corpus Christi's Utility System Revenue Bond
Program
— Current and future debt issue terms do not exceed 30 years.
— The system's debt ratio is expected to remain elevated at
55.7%, markedly above the 34% mean ratio maintained by
similarly rated systems.
— The City is well positioned to manage financial impact of its
debt ratio given the integration of a multi-year rate making
model for long-term system planning and the
comprehensive scope of capital improvements.
il
M
Moodys Investor Service Opinion of City of
Corpus Christi's Utility System Revenue Bond
Program
—Approximately 62% of total outstanding debt will
be retired in 10 years.
—All debt will be retired by 2040 well in excess of
the useful life of the financed asset.
- All outstanding debt is fixed rate and the City is
not party to any derivative agreements.
26
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Update Report on Texas Commission on Environmental Quality (TCEQ) and
Agency for Toxic Substances and Disease Registry (ATSDR) Field Testing in HillcrestlDona Park
Area
STAFF PRESENTER(S):
Name TitlelPosition Department
1. Susan Utley Program Coordinator ACM
2.
3.
OUTSIDE PRESENTER(S):
Name
1. Dr. James Mobley
2.
3.
Title /Position
Chair
Organization
Regional Health Awareness Board
BACKGROUND: The Hillcrest and Dona Park neighborhoods have been areas of concern since
a 2009 study conducted by Texas A &M University indicated elevated levels of benzene in blood
and urine samples of residents. Since that time, TCEQ and ATSDR have been conducting further
studies to determine the actual risk to residents. Both agencies have recently released results of
their studies. The purpose for this presentation is to update the Council on the content of their
reports.
REQUIRED COUNCIL ACTION: None
cam.,
e ra Coordinator
Susan Utley, Pro g
Regional Health Awareness Board
susanu @cctexas.com
361 .826.3370
PowerPoint
Supplemental Information
AtilAr)
�o
Margie C. Rose
Assistant City Manager for Community
Services
margier @cctexas.com
361.826.3232
-391-