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Agenda Packet City Council - 03/22/2011
• )4hi:. • 5441n, •••., K• • • ,”•*'..!---7..".^ • .. ' - 4.4:;017,74 11:45 A.M. - Proclamation declaring March 22, 2011 as "West Oso Bears Region IV — 3A Regional & State Title Championship Day" Proclamation declaring March 22, 2011 as "Junior League of Corpus Christi - 2010 Texas Recreation and Park Society Service Club of the Year" Proclamation declaring March 23, 2011 as "Mayors for Meals Day" Proclamation declaring March 25, 2011 as "Incarnate Word Academy's 140t'' Anniversary" Proclamation declaring March 26, 2010 as "12th Annual Celebration of Cesar Chavez Day" Proclamation declaring March 26, 2010 as "Lions Club White Cane Day" Proclamation declaring April 16, 2010 as "Foursquare Day" Swearing -in Ceremony of newly appointed Board, Commission and Committee Members AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 MARCH 22, 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. 11 you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si listed desea dirigirse al Concilio y cree que su ingles es limitedo, 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 Reverend Henry Williams, Corpus Christi Christian Fellowship Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Joe Adame Mayor Pro Tem Nelda Martinez Council Members: Chris N. Adler Interim City Manager Margie C. Rose Larry Elizondo, Sr. City Attorney Carlos Valdez Kevin Kieschnick City Secretary Armando Chapa Priscilla Leal John Marez Mark Scott Linda Strong Agenda Regular Council Meeting March 22, 2011 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: 1. Approval of Regular Meeting and Workshop Meeting of March 8, 2011. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. 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.) 2. Motion approving the purchase of traffic signals and equipment from the following companies for the following amounts in accordance with Bid Invitation No. BI -0061 -11 based on only bid, low bid and most advantageous bid for a total amount of $287,085. Funds have been budgeted by Traffic Engineering in FY 2010 -2011. (Attachment # 2) Agenda Regular Council Meeting March 22, 2011 Page 3 Control Technologies, Inc. Tomball, Texas Item Nos. 9 and 10 $58,000 Paradigm Traffic Systems, Inc. Arlington. Texas Item Nos. 2, 6 and 11 $114,590 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Consolidated Traffic Control, Inc. Arlington, Texas Item Nos. 3, 4, 5, and 8 $54,375 Siemens ITS Austin. Texas Item Nos. 1 and 7 $60,120 TOTAL AWARD: $287,085 3. Ordinance appropriating $29,480.85 from the State of Texas in the No. 1061 Police Grants Fund — Law Enforcement Officer Standards and Education for training of police personnel and purchase of training equipment. (Attachment # 3) 4, Ordinance authorizing the City Manager or designee to execute a five -year lease agreement with the Corpus Christi Senior Softball Association for the use of Kiwanis Park located at 3933 Timon, for softball program. (Attachment # 4) 5. Ordinance appropriating $17,028 from anticipated additional revenue in the Hotel Occupancy Tax Fund No. 1030 for marketing efforts for the South Texas Art Museum ($12,606), Botanical Gardens of South Texas ($4,036) and the Asian Cultures Museum ($386); changing the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683 to increase both revenues and expenditures by $1 7,028 each. (Attachment # 5) 6. Ordinance governing City elections in 2011, including appointment and compensation of election officials, voting systems, and central counting station. (Attachment # 6) 7. Motion authorizing the City Manager or designee to execute Amendment No. 28 to the professional engineering contract with Pierce, Goodwin, Alexander & Linville (PGAL), Inc., of Houston, Texas in an amount of $163,008 for the Corpus Christi International Airport Consolidated Rent Car Quick Turn Around Facility for Project Management and Inspection (Project # 10030). (Attachment # 7) Agenda Regular Council Meeting March 22, 2011 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 8. Motion authorizing the City Manager or designee to execute a construction contract with Safe Net Services, LLC, of Corpus Christi, Texas in an amount of $652,572.89 for the J. C. Elliott Pavement Life Cycle Replacement Project No. 5232 for Base Bid A, and Additive Alternate Nos. 1 — 4. (Attachment # 8) 9. a. Motion approving the Distribution Main Extension Construction and Reimbursement Agreement submitted by Next Chapter Corpus Christi LLC, owner and developer of Joslin Tracts, Block 2, Lot 8A, located east of Ennis Joslin Road (Spur 3) and north of South Padre Island Drive (SH 358), including all related appurtenances. (Attachment # 9) b. Ordinance appropriating $10,036.06 from the Distribution Mains Trust Fund No. 4030 to reimburse Next Chapter Corpus Christi LLC for the installation of 525 linear feet of fl- inch water distribution main, including all related appurtenances for development of Joslin Tracts, Block 2, Lot 8A, as specified in the Distribution Main Extension Construction and Reimbursement Agreement. (Attachment # 9) 10. Second 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. (1st Reading — 3/08/11) (Attachment # 10) 11. a. Second Reading Ordinance - Amending Section 53 -254 of the Code of Ordinances to adjust the boundary of the 35 mph speed limit on North and South Shoreline Boulevard; to 35 MPH between Craig Street to Power Street at all times, providing for penalties; and providing for publication. (First Reading — 03/08/11) (Attachment # 11) b. Second 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. (First Reading — 03/08/11) (Attachment # 11) Agenda Regular Council Meeting March 22, 2011 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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. 12. Executive session under Texas Government Code Section 551.071 regarding Cause No. C -09 -185, Andres Villasana et al vs. City of Corpus Christi et al, in the United States District Court for the Southern District of Texas, with possible discussion and action in open session. 13. 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: 14. Case No. 0111 -02, Commercial Metals Company: The applicant is requesting a change of zoning from the "1 -2" Light Industrial District to the "1 -3" Heavy Industrial District resulting in a change of future land use from a Tight industrial use to a heavy industrial use. The property to be rezoned is 63.785 acres out of H.B. Sheppard Farm Lots, Lot 4 and a portion of Lot 9 and a portion of the G.C. & S.F. Railway Company Survey No. 315, located along the west side of Bronco Road, approximately 245 feet north of Agnes Street. (Attachment # 14) Planning Commission and Staff's Recommendation: Denial of the "1 -3" Heavy Industrial District, and in lieu thereof, approval of a Special Permit, subject to a site plan and six (6) conditions. ORDINANCE Amending the Zoning Ordinance upon application by Commercial Metals Company, by changing the Zoning Map in reference to 63.785 acres out of H.B. Sheppard Farm Lots, Lot Agenda Regular Council Meeting March 22, 2011 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 4 and a portion of Lot 9 and a portion of the G.C. & S.F. Railway Company Survey No. 315, located along the west side of Bronco Road, approximately 245 feet north of Agnes Street, from "1 -2" Light Industrial District to the "I -2 /SP" Light Industrial District, with a Special Permit for a scrap metal processing plant, subject to a Site Plan and six (6) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. 15. Case No. 0211 -02, MBL Derby City Development, LLC: The applicant is requesting a change of zoning from the "B -3" Business District to the "B -1" Neighborhood Business District not resulting in a change of future land use. The property to be rezoned is 7.5 acres out of Brighton Village Unit 2, Block 14, Lot 3, located along the north side of Downing Street, approximately 400 feet west of Airline Road. (Attachment # 15) Planning Commission and Staff's Recommendation: Approval of the applicant's request for a change in zoning from the "B -3" Business District to the "B -1" Neighborhood Business District. ORDINANCE Amending the Zoning Ordinance, upon application by MBL Derby City Development, LLC, by changing the Zoning Map in reference to 7.5 acres out of Brighton Village Unit 2, Block 14, Lot 3, located along the north side of Downing Street, approximately 400 feet west of Airline Road, from the "B -3" Business District to the "B -1" Neighborhood Business District, not resulting in a change of future land 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. 16. Case No. 0211 -03, McTurbine, Inc.: The applicant is requesting a change of zoning from the "1 -2" Light Industrial District to the "1 -3" Heavy Industrial District resulting in a change of future land use from a light industrial use to a heavy industrial use. The property to be rezoned is 0.005 acres out of Industrial Technology Park Unit 2, Block 5, Lot 1, located west of Junior Beck Drive and south of Bear Lane. (Attachment # 16) Agenda Regular Council Meeting March 22, 2011 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Planning Commission and Staffs Recommendation: Approval of the applicant's request for a change in zoning from the "1 -2" Light Industrial District to the "1 -3" Heavy Industrial District. ORDINANCE Amending the Zoning Ordinance, upon application by McTurbine, Inc., by changing the Zoning Map in reference to 0.005 acres out of Industrial Technology Park Unit 2, Block 5, Lot 1, located west of Junior Beck Drive and south of Bear Lane, from the "1 -2" Light Industrial District to the "1 -3" Heavy industrial District resulting in a change of future land use from a light industrial land use to a heavy industrial 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. (RECESS REGULAR COUNCIL MEETING) K. CORPORATION /BOARD MEETINGS: (Scheduled to be held at approximately 2:30 p.m,) 17. City Council will recess to hold Meetings of North Padre Island Development Corporation and Reinvestment Zone Number Two Board. (Attachment under separate cover) (RECONVENE REGULAR COUNCIL MEETING) L. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES:. 18. Ordinance approving an amendment to the revised Project And Financing Plans for the Reinvestment Zone Number Two, City of Corpus Christi, dated September 29, 2009, that was adopted by the Board of Directors of Reinvestment Zone Number Two, City of Corpus Christi, upon recommendation of the Board of Directors of the North Padre Island Development Corporation; and providing for publication. (Attachment # 18) Agenda Regular Council Meeting March 22, 2011 Page 8 19. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) a. Ordinance amending Section 1 of Ordinance 028918, adopted on January 11, 2011, which transferred and appropriated $500,000 of the Unappropriated Fund Balance in the No. 1111 Reinvestment Zone No. 2 Fund into the No. 3278 Packery Channel Projects TIF #2 Fund for the Packery Channel Maintenance Dredging and Beach Nourishment Project and the Packery Channel Phase 2 Parking and Overlooks Project, by adding the Seawall Sand Movement and Relocation Project to the projects being funded. (Attachment # 19) b. Motion authorizing the City Manager or designee to execute a Change Order No. 1 to the construction contract with SafeNet Services, LLC of Corpus Christi, Texas in the amount of $240,233.20 for additional shoreline protection repairs for the Packery Channel, Phase 2 — Parking and Overlooks Project. (Attachment # 19) M. PRESENTATIONS: (NONE) N. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 4:00 P.M., OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. Agenda Regular Council Meeting March 22, 2011 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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. O. CITY MANAGER'S COMMENTS: (NONE) P. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 3.O p.m., on March 17, 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 0 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-l-nitiatives - (Gang, Graffiti, and Physical Health Emphasis) Support Continued Military Presence 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Workshop Council Meeting March 8, 2011 — 8:30 a.m. PRESENT Mayor Joe Adame Mayor Pro Tem Nelda Martinez Council Members: City Staff: Chris Adler Interim City Manager Margie Rose Larry Elizondo, Sr.* City Attorney Carlos Valdez Kevin Kieschnick City Secretary Armando Chapa Priscilla Leal Mark Scott ABSENT John Marez Linda Strong *Arrived at 8:56 a.m. Mayor Adame called the meeting to order in the Council Chambers of City Hall. City Secretary Chapa verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. * * * * * * * * * * ** Assistant City Manager Oscar Martinez announced that the workshop would include discussions on the Island Strategic Action Committee (ISAC); follow -up from the workshop held on February 8, 2010; zero -based budgeting; and an update on the privatization initiatives. Assistant City Manager Martinez introduced First Assistant City Attorney Jay Reining who provided an overview of ISAC including the duties of the committee; the project and financing plan for the Tax Increment Reinvestment Zone No. 2 (TIRZ #2); the Packery Channel six pack (recreational amenities); the background and roles of the ISAC, the North Padre Island Development Corporation (NPID), and TIRZ #2. The following topics pertaining to this item were discussed: whether the six pack was included in the referendum language and voted by the public; NPID's recommendation and Council's adoption of the six pack; approximate funds available for the completion of the Packery Channel project; the amendment made to include Phases 2 and 4 of the six pack improvements; the total cost of the six pack; the probability of not building Phase 7 ADA parking lot improvements at jetty ramps; recent approval to move forward with Phase 2 Packery Channel parking and overlooks; whether the six pack projects are eligible for grant funding; the timeline for completing these projects; if there was consideration for requesting grant funding for the dredging; FEMA funding; re- evaluating and reallocating the realized saving from the dredging to the improvements; the $3 million currently encumbered in contracts; development of a financial forecast including a project plan, maintenance and operation, cash flow, dredging, annual allocation forthe trust and public amenities, and seawall protection; and working with the developers for Tortuga Dunes to re -look at the FEMA zoned areas in the area. Council Member Leal requested a copy of the Packery Channel six pack. —1— Minutes — Workshop Meeting March 8, 2011 -- Page 2 Mr. Martinez provided information on the other issues concerning Padre Island and stated that ISAC will review and make recommendations to Council. John White, Vice Chair of the ISAC, provided a brief overview of the composition of the committee; the subcommittees developed; and the committee's commitment to get the work done to improve the island. Mr. Martinez opened discussion on the follow up from the February 8, 2011 budget workshop. Mr. Martinez referred to a powerpoint presentation including demographic and economic statistics, property tax levies and collections, general fund property tax revenue versus growth in personal income and tax rates from 2001 to 2010; the trend in the decrease in water revenue; inside city limit commercial water use; outside city limit large volume usage; general fund revenue and expenditure major trends; five year forecast; general fund deficient with or without utility transfer; $11.5 million shortfall in the general fund budget; the matrix for establishing proprieties in departments; major definitions; process for prioritization; communication plan update; and the fiscal year budget calculator to receive information from the community. The following topics pertaining to this item were discussed: decrease in water revenue due to water conservation and outside city limit customers recycling water; sales tax income from oil and gas; the legality to denying utility service to individuals that owe money to the City; forecasting of sales tax; the loss of revenue projected for emergency medical response; communication with employees contemplating retirement; utility transfer; the projected decrease in next year's budget; the miscalculation of projected revenues and expenditures for EMS and collective bargaining; expediting the business management competition; encouraging departments to reevaluating services; exploring the option of allowing customers to pay the full cost for recycling bins rather than monthly; flagging state and federal funded program and adjusting personnel for these services; and the City's social media outreach. Mr. Elizondo suggested that staff request that Port Industries provide a collective response report on the recycling of water. Mr. Scott requested a drill down of the sales tax revenues. Mr. Martinez referred to the topic on zero -based budgeting and decision packages and provided information on the definitions; the implementation of zero -based budgeting; the transitioning approach; and examples of zero based budgeting decision packages. In response to Council Member Martinez, Mr. Martinez stated that zero based budgeting would only be used for the general fund departments. Mr. Martinez referred to the topic of privatization and reorganization initiatives and provided information on the City's approach; current progress; the MIS business case evaluation progress and the Fleet Services business case evaluation progress. Mr. Martinez introduced Adam Rujan and Dennis Bagley with Plante & Moran. Mr. Rujan referred to a powerpoint presentation on the privatization analysis of MIS including the objectives of the analysis; background of Plante & Moran; comprehensive methodology; approach and timing; and the project team. The following topics pertaining to this item were discussed: cutting departments beyond their ability to provide adequate service to the community including Animal Control and Neighborhood Services; the span of control study; the manage competition opportunity; department's opportunity to compete; cutting costs in existing operations; the privatization of the golf course; whether the MIS business case evaluation will be incorporated into the budget; the location of Plante & Moran headquarters; the higher annual costs for the more vehicles owned; and leasing of vehicles. -2- Minutes — Workshop Meeting March 8, 2011 — Page 3 Mr. Scott requested an update on the privatized street repair maintenance program and asked staff to look at street patchwork on Weber Road near McArdle. Ms. Leal requested a meeting with Interim City Manager Rose to discuss the rates at the privatized golf course with concerned golfers. Mr. Martinez stated that the next workshop topics include street maintenance; utility service and rates; capital budget overview; and energy conservation initiatives. * * * * * * * * * * * * * There being no further business to come before the Council, Mayor Adame adjourned the Council workshop at 11:10 a.m. on March 8, 2011. * * * * * * * * * * * * * MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting March 8, 2011 - 12:00 p.m. PRESENT Mayor Joe Adame Mayor Pro Tem Nelda Martinez Council Members: City Staff: Chris Adler Interim City Manager Margie Rose Larry Elizondo, Sr. City Attorney Carlos Valdez Kevin Kieschnick City Secretary Armando Chapa Priscilla Leal John Marez Mark Scott Linda Strong Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Chaplain Lynne Blackler with Christus Spohn Health System and the Pledge of Allegiance to the United States flag was led by Council Member Marez. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Adame called for approval of the minutes of the special meeting of February 19, 2011 and regular Council meeting of February 22, 2011. City Secretary Chapa announced that an amendment would need to be made to the February 22, 2011 minutes to correctly reflect Mr. Kieschnick vote of "No" on Item 16 regarding the first reading of the capital budget and capital improvement planning guide. A motion was made and passed to approve the minutes as amended. * * * * * * * * * * * * Mayor Adame referred to Item 2 and the following board appointment was made: Food Service Advisory Committee Carlos R. Moreno (Appointed) * * * * * * * * * * * * Mayor Adame called for consideration of the consent agenda (Items 3 - 17). There were no comments from the public. Council members requested that Items 3, 10, 11, and 16 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 4. MOTION NO. 2011 -056 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. —5— Minutes — Regular Council Meeting March 8, 2011 — Page 2 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 The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye ". 5. RESOLUTION NO. 028974 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 underthe 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. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye ". 6. RESOLUTION NO. 028975 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 underthe 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. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye ". 7.a. ORDINANCE NO. 028976 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. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye ". 7.b. ORDINANCE NO. 028977 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. Minutes — Regular Council Meeting March 8, 2011 — Page 3 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye ". 8. ORDINANCE NO. 028978 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. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye ". 9.a. RESOLUTION NO. 028979 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. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye ". 9.b. ORDINANCE NO. 028980 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. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye ". 12.a. ORDINANCE NO. 028982 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. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Adame abstained. 12.b. ORDINANCE NO. 028983 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- -7— Minutes — Regular Council Meeting March 8, 2011 — Page 4 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. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Adame abstained. 12:. ORDINANCE NO. 028984 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. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Adame abstained. 12.d. ORDINANCE NO. 028985 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. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Adame abstained. 12.e. ORDINANCE NO. 028986 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. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Adame abstained. 12.f. ORDINANCE NO. 028987 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. Minutes — Regular Council Meeting March 8, 2011 — Page 5 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye; Adame abstained. 12.g. ORDINANCE NO. 028988 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. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Adame abstained. 12.h. ORDINANCE NO. 028989 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 Stores Texas, L.P., to comply with the specified conditions. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Adame abstained. 13. ORDINANCE NO. 028990 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. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye ". 14. MOTION NO. 2011 -058 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. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye ". Minutes — Regular Council Meeting March 8, 2011 — Page 6 15. FIRST READING ORDINANCE 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. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye ". 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. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting „Aye„ 17.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. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye ". Mayor Adame opened discussion on Item 3 regarding the lease purchase of Solid Waste trucks. Council Member Leal asked questions regarding the actual interest rate being determined after acceptance of the equipment. Assistant Director of Financial Services Michael Barrera explained that the equipment will be received in June and the interest rate will be determined at that time. In response to Ms. Leal, Mr. Barrera stated that the amount budgeted for this fiscal year is for one month. Council Member Elizondo spoke regarding discussions of reducing bulk trash pickup and asked whether the replacement purchase of these trucks was necessary. Director of Solid Waste Operations Lawrence Mikolajczyk stated that the replacement of the trucks is necessary. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2011 -055 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 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. Minutes — Regular Council Meeting March 8, 2011 — Page 7 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 $267,469.65 Grand Total: $927,901.65 The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Marez, Martinez, Scott, and Strong, voting "Aye "; Leal voting "No ". Mayor Adame opened discussion on Item 10 regarding the nomination of Flint Hills Resources LP for designation as a Double Jumbo Retained Job Enterprise Project. Council Member Martinez stated that Flint Hills was approved for designation of a triple jumbo designation and was informed that the project is only eligible for a double jumbo designation due to the number of employees. Ms. Martinez asked whether the City could still take advantage of the new slot. Mike Culbertson, Corpus Christi Regional Economic Development Corporation, reported that the City would not be able to take advantage of the slot in the Texas Enterprise Zone. Council Member Scott thanked Flint Hills for their investment in the City with an estimated capital expenditure of $250 million. City Secretary Chapa polled the Council for their votes as follows: 10. RESOLUTION NO. 028981 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. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye ". Mayor Adame opened discussion on Item 11 regarding the rehabilitation of the City /County Health Department Facility. Council Member Martinez expressed concern regarding administrative action on large projects and stated that she would hold her comments until Item 23. City Secretary Chapa polled the Council for their votes as follows: 11. MOTION NO. 2011 -057 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 CitylCounty Health Department Facility Rehabilitation for the Total Base Bid. (BOND ISSUE 2008) (Re -Bid) The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye ". Mayor Adame opened discussion on Item 16 regarding speed limit changes on Yorktown Boulevard. Charlie Cardenas, Traffic Engineer, explained that the City received several requests to investigate the traffic speed at Yorktown Boulevard from Weber Road to Everhart Road. Mr. Cardenas reported that the investigation included reviewing the accident history; the type of speeds on Yorktown; roadway classification and other factors to regulate and enhance the traffic flow. Mr. Cardenas added that the 85th percentile traffic study indicated that the traffic travel was above 45 mph. Mr. Cardenas stated that staff is recommending 40 mph to be a safe speed and this —11— Minutes — Regular Council Meeting March 8, 2011 — Page 8 recommendation was supported by the Traffic Advisory Committee (TAC). Mr. Cardenas introduced Curtis Rock, Chairman of the TAC, who was available to respond to questions. Council Member Elizondo stated that he and his constituents are very concerned with the increase in speed on Yorktown and encouraged the Council to deny staffs recommendation. Council Member Scott thanked Mr. Cardenas for his work; however, stated that he would not support the recommendation. Council Member Leal expressed concern for the safety of the residents and pedestrians in the area. Council Member Martinez also spoke in opposition to the recommendation. MayorAdame called for comments from the audience. Bill Moreland; Hal George, 4505 Lake Charles Drive; Abel Alonzo, 1701 Thames, and Gerald Benadum spoke in opposition to the speed limit changes. City Secretary Chapa polled the Council for their work was follows: 16. FAILED The foregoing ordinance failed on its first reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "No ". * * * * * * * * * * * ** Mayor Adame opened discussion on Item 21 regarding a resolution honoring Angel R. Escobar. Each Council Member read a section of the resolution honoring Mr. Escobar and declaring March 8, 2011 as Angel R. Escobar Day. Mr. Escobar thanked the Council for this honor and his family and friends for being present today. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 21. RESOLUTION NO, 028992 follows: Resolution honoring Angel R. Escobar. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye ". * * * * * * * * * * * ** Mayor Adame announced the executive sessions, which were listed on the agenda as 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. —12— Minutes — Regular Council Meeting March 8, 2011 — Page 9 The Council went into executive session. The Council returned from executive session. Mayor Adame announced that no action would be taken in open session on Item 18. Ms. Strong made a motion appointing Ronald L. Olson to position of City Manager of the City of Corpus Christi contingent upon a mutually acceptable employment contract to be negotiated by the Mayor and Council Members Larry Elizondo and Nelda Martinez and approved by the City Council. The motion was seconded by Mr. Kieschnick. Council Member Leal expressed her support for Mr. Floyd Johnson as being the person with the most experience with coastal disasters; operating budgets; unifying communities; and working with universities. Ms. Leal stated that for these reasons, she would be voting "No" on the motion. Council Member Strong stated that Slavin Management provided an incredible slate of candidates and the Council is fortunate to make today's choice from those candidates. Ms. Strong stated that Mr. Olson has incredible experience and a driving passion to work in the Council /Manager form of government. Council Member Scott congratulated Slavin for their process and complimented the Council for working together. Mr. Scott stated that he was impressed with Mr. Olson's management competition experience, budget experience, financial background, and strong leadership credentials. Council Member Elizondo thanked Slavin for their outstanding job in the process and stated that Mr. Olson understands the mission of the City and will help navigate the City through this tough economical situation. Council Member Marez thanked both finalist and the Mayor for his leadership in the process. Mr. Marez supported Mr. Olson based on his leadership and pasted experience. Council Member Martinez stated that she was very impressed with Mr. Johnson; however, is supporting Mr. Olson based on his fiscal accountability. Council Member Adler stated that both candidates had strong qualifications and skills and she feels that Mr. Olson will lead the City though the challenges ahead. Council Member Kieschnick stated that the consultants did a great job and the decision today was very difficult. Mr. Kieschnick added that he would be supporting Mr. Olson based on his experience with consolidation and restructuring efforts. Mayor Adame thanked his staff and Human Resources for assisting him with the process and stated that he is confident Mr. Olson is the right man for the City. City Secretary Chapa polled the Council for their votes as follows: 19. MOTION NO. 2011 -059 Motion appointing Ronald L. Olson to position of City Manager of the City of Corpus Christi contingent upon a mutually acceptable employment contract to be negotiated by the Mayor and Council Members Larry Elizondo and Nelda Martinez and approved by the City Council. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Marez, Martinez, Scott, and Strong, voting "Aye "; Leal voting "No ". * * * * * * * * * * * * Mayor Adame referred to Item 26 regarding an update on the Texas Commission on Environmental Quality (TCEQ) and the Agency for Toxic Substance and Disease Registry (ATSDR) Field Testing in HillcrestlDona Park Area. Dr. James Mobley, Chair of the Regional Health Awareness Board, provided the conclusions of the investigation from the ATSDR including a background; monitoring process; and comparison of national benzene levels. Dr. Mobley reported that there is no evidence of elevated benzene levels or other contaminates except for those exposed to cigarette smoke. Omar Valdez, Project Manager TCEQ, provided a brief update on the environmental investigation in Hillcrest on soil gas; ground water; and subsurface soils. Mr. Valdez —13- Minutes — Regular Council Meeting March 8, 2011 — Page 10 stated that to date, the TCEQ has not found any levels of chemicals of concern that constitute exposure. Mr. Valdez explained that ground water will be tested in April. Mr. Valdez added that there are concerns about metals in Dona Park and the TCEQ conducted a pilot study of that area. Mr. Valdez reported that out of 118 units in the pilot study, only three (3) did exceed the limits and those areas will be cleaned. Mr. Valdez also stated that no demolition has occurred. The following topics pertaining to this item were discussed: the number of monitoring wells and air monitors; the number of homes tested and the number of homes with exceeded limits; state of the art equipment for real time data; the next steps; demolition; process and notification to the neighborhood; and explanation of the chemical clean up process. * * * * * * * * * * * * MayorAdame opened discussion on Item 24 regarding policies to govern the adoption of the City's Capital Improvement Plan (CIP) and use of the commercial paper program. Mr. Martinez referred to a powerpoint presentation on the components of the policy including replacement of the commercial paper program; approval of utility CIP coinciding with the operating budget; long term capital project strategies, funding of utility costs associated with general obligation projects; use of the capital reserve fund; staff responsibility for management of CIP; review of storm water capital projects and burden of projects on water rates; review of utility rate model; review of CIP undertaken by financial advisor; and recommendations included in CIP adopted this year. The following topics pertaining to this item were discussed: utility costs associated with general obligation bond projects; approval of the utility CIP with the operating budget; value engineering projects; assessment of utility lines and replacement; standard contingency rate on projects; and replacement of clay pipes. Mayor Adame called for comments from audience. J.E. O'Brien, 4130 Pompano, spoke regarding the increase in utility rates every year and the use of commercial paper. Mr. O'Brien requested that the Council postpone adopting the CIP for this year. Abel Alonzo, 1701 Thames, spoke regarding staff providing information on the CIP to the Council and the public in a timely manner. Mr. Scott made a motion to amend Section 1.c. to add the language including "but not limited to value engineering ". The motion was seconded by Mr. Kieschnick. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye ". City Secretary Chapa polled the Council for their votes as follows: 24. RESOLUTION NO. 028994 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. The foregoing resolution was passed and approved as amended with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye ". Minutes — Regular Council Meeting March 8, 2011 — Page 11 Mayor Adame opened discussion on Item 25 regarding the approval of the FY2011 Capital Budget and Capital Improvement Planning (CIP) Guide. Assistant City Manager Oscar Martinez referred to a powerpoint presentation including 2011 funding sources by type; funding uses by program; revenues by type; program expenditures; long range CIP with utility rollup; revised expected CIP rate increases; breakdown of water rates between water and storm water; storm water projects; wastewater projects; water projects; and an opinion from Moody's Investor Service on utility system revenue bond programs. The following topics pertaining to this item were discussed: reduction of the CIP by approximately $30 million and the reduction of the utility rate; timeline for addressing the funds for the seawall including the Barge Dock and Sunfish Island; the mandated requirements; drainage district for storm water; the challenges with the replacement of the wastewater lines; and automated meter reading project. Mayor Adame called for comments from the audience. J.E. O'Brien, 4130 Pompano, reiterated his comments made on Item 24. Abel Alonzo, 1701 Thames, spoke in support of the recommendation to not transfer the utility fund into the general fund and asked questions regarding the bond ratings; what would happen if Council did not support the recommendation; and delaying the projects. Gloria Scott, 4422 S. Alameda, asked question regarding whether there were projects for the northside area and informed the Council and staff of wastewater issues on the 4300 to 4600 block of South Alameda. City Secretary Chapa polled the Council for their votes as follows: 25. ORDINANCE NO. 028995 Approving the FY 2011 Capital Budget and Capital Improvement Planning Guide in the amount of $173,982,100. (First Reading — 02/22/11) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame *; Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Strong, voting "Aye "; Scott voting "No ". (*Note: Adame abstained on the vote regarding the Downtown Drainage Improvements, Phase 3 Hughes Street Pump Station) * * * * * * * * * * * * * Mayor Adame referred to Item 20, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 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. No one appeared in opposition to the zoning change. Mr. Kieschnick made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes as follows: 20. ORDINANCE NO. 028991 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 -15- Minutes — Regular Council Meeting March 8, 2011 — Page 12 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. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye"; Elizondo was absent. * * * * * * * * * * * * * Mayor Adame opened discussion on Item 22 regarding the adoption of a Civility Accord. MayorAdame explained the U.S. Conference of Mayors adopted a civility accord January 19, 2011 and the mayors were asked to convey this message to the citizens in their cities. Mr. Adame stated that the resolution includes respecting the rights of people to hold different opinions; avoid rhetoric intention to humiliate, de- legitimatize, or question the patriotism of those whose opinions differ from ours; strive to understand differing perspectives; choose words carefully; speak truthfully without accusation and avoid distort; and speak out against violence, prejudice, and incivility in all of their forms, whenever and wherever they occur. MayorAdame called for comments from the audience. Abel Alonzo, 1701 Thames, spoke in support of the resolution. Carolyn Moon, 4902 Calvin, said she understands the resolution however thinks it is superfluous. City Secretary Chapa polled the Council for their votes as follows: 22. RESOLUTION NO. 028993 Resolution adopting a City of Corpus Christi Civility Accord. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Elizondo was absent. Mayor Adame called for a 5- minute break. * * * * * * * * * * * * * MayorAdame called for petitions from the audience. J.E. O'Brien, 4130 Pompano, spoke regarding the hiring of an internal auditor. Abel Alonzo, 1701 Thames, thanked everyone involved in the grand opening of the Miracle Field. Bryan Menard, 3213 Cedar Hollow, spoke regarding the effects the ban on K2 and illegal paraphernalia are having on businesses; jobs; and tax revenue. Mr. Menard encouraged the Council to amend Chapter 33 Article 49. Don Winkley spoke regarding the mowing of his property on Laguna Shores Road and requested a ruling on allowing native vegetation on that property. Kevin West, 3213 Cedar Hollow, spoke regarding the ban on K2 and related illegal paraphernalia and the manner which the ordinance was passed. Gloria Scott spoke regarding the appointment of the City Manager. * * * * * ** * * * * ** Mayor Adame opened discussion on Item 23 regarding Staples Street Phase 2 from Barracuda Place to Gollihar Road project. Director of Engineering Services Pete Anaya referred to a powerpoint presentation including a background; project scope; project bidding information; project schedule; and budget. -16- Minutes — Regular Council Meeting March 8, 2011 — Page 13 The following topics pertaining to this item were discussed: whether Tolunay -Wong Engineering is based in Corpus Christi with fulltime staffing; the other projects under construction by Texas Sterling Construction Company and the company's ability to complete this project; the cost difference between Texas Sterling and local bidders; Amendment No. 3 to LNV Engineering Contract for construction observation services for 14 months of construction at four hours per work day; the consultant fees for LNV Engineering; concerns with the bidding process and amendments to LNV Engineering contract; administrative action on contracts under $50,000; RFQ process for Bond 2008; eliminating the funding option of potential grants as part of the equation in engineering projects; projects based on best bid versus competitive bidding; the company doing the construction management for Kostoryz Road; conversations on separation of power on projects; and the cost of construction for Phase 1. Mr. Daniel Wong, President and CEO of Tolunay -Wong Engineering, stated that Tolunay- Wong is a local office with fulltime local staff. Mr. Wong also reported that the company has a full service testing laboratory. Council Member Scott requested a review of the alternative bidding process and a breakdown of the contract awarded to LNV Engineering for the Staples Street project. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 23.a. MOTION NO. 2011 -060 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) The foregoing motion was passed and approved with the following vote: Adame, Adler, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Elizondo was absent. 1 23.b. MOTION NO. 2011 -061 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. The foregoing motion was passed and approved with the following vote: Adame, Adler, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Elizondo was absent. 23.c. MOTION NO. 2011 -062 Motion authorizing the City Manager or designee to negotiate and execute an agreement with Wal-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). The foregoing motion was passed and approved with the following vote: Adame, Adler, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Elizondo was absent. Minutes — Regular Council Meeting March 8, 2011 — Page 14 23.c. MOTION NO. 2011 -063 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. The foregoing motion was passed and approved with the following vote: Adame, Adler, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Elizondo was absent. 23.d. MOTION NO. 2011 -064 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. The foregoing motion was passed and approved with the following vote: Adame, Adler, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Elizondo was absent. * * * * * * * * * * * * * There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 5:13 p.m. on March 8, 2011. * * * * * * * * * * * * * 2 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 3/22/2011 AGENDA ITEM: RECOMMENDATION: Motion approving the purchase of traffic signals and equipment from the following companies for the following amounts in accordance with Bid Invitation No. BI- 0061 -11 based on only bid, low bid and most advantageous bid for a total amount of $287,085.00, Funds have been budgeted by Traffic Engineering in FY 2010 -2011. Control Technologies, Inc. Tomball. Texas Item Nos.: 9 and 10 $58,000.00 Paradigm Traffic Systems, Inc. Arlington. Texas Item Nos.: 2, 6 and 11 $114,590.00 TOTAL AWARD: $287,085.00 Consolidated Traffic Control, Inc. Arlington, Texas Item Nos.: 3, 4, 5, and 8 $54,375,00 Siemens ITS Austin. Texas Item Nos.: 1 and 7 $60,120.00 ISSUE: The traffic signal equipment will be used by Traffic Engineering to monitor and control traffic signals at signalized intersections. The equipment will be used as needed throughout the City for backup, replacement or upgrades for existing equipment that is at the end of its life cycle. 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. Micha ' :. rrera Assistant Director of Financial Services mikeb@u cctexas.com 361 - 826 -3169 —21— BACKGROUND INFORMATION In December 2010 the City issued a bid invitation, which was published in the Corpus Christi Caller- Times and issued to twenty -one potential bidders. Nine responsive bids were evaluated that included (1) Control Technologies, Tomball, Texas, (2) Consolidated Traffic Controls, Inc., Arlington, Texas, (3) Henke Enterprises Inc., Huntsville, Texas, (4) Naztec, Inc., Sugarland, Texas, (5) Paradigm Traffic Systems, Inc., Arlington, Texas, (6) Siemens ITS, Austin, Texas, (7) Texas Highway Products, Round Rock, Texas, (8) Traffic Parts Inc., Spring, Texas and (9) Twincrest Technologies, Mansfield, Texas. Award Basis: The recommended award is based on only bid, low bid and most advantageous bid. Only Bid — Item Nos.: 1 and 2 Low Bid — Item Nos.: 3, 4, 6, 7, 8, 9, 10 and 11 Most Advantageous Bid — Item No.: 5 Consolidated Traffic Controls, Inc., and Paradigm Traffic Systems, Arlington, Texas submitted equal pricing for line item 5. Recommend award to Consolidated Traffic Control based on best lead time of thirty (30) days. Pricing Analysis: Pricing has decreased approximately 9% since the last purchase of like items. CITY OF CORPUS CHRISTI TRAFFIC SIGNALS AND EQUIPMENT BUYER: GABRIEL MALDONADO DATE: MARCH 22, 2011 BID TABULATION PURCHASING DIVISION PRICE SHEET BI -0061-11 GRAND TOTAL AWARD: $287,085.00 $114,590.00 $54,375.00 $58.000.00 Siemens ITS Austin, Texas Paradigm Traffic Systems Arlington, Texas Consolidated Traffic Controls, Inc. Arlington, Texas Control Technologies Tomball, Texas EXTENDED UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED ITEM DESCRIPTION QTY UNIT UNIT PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE 1. Siemens Eagle EPAC M-50 Traffic 12 Each $2,165.00 $25,980.00 NO BID NO BID NO BID Controller with Data Port Key TS -2 Type 2, w/Ethemet Port & Multi Mode Fiber Ports in accordance with Spec. No. 1227. 2. ASC -3-2100 Econolite Traffic 16 Each NO BID 1,790.00 28.640.00 NO BID NO BID Controller, TS -2 Type -2 w/ABC connector and.w!Data Port Key in a accordance with Spec. No. 1227. 3. 12 inch 3 -Section Black Poly Traffic 85 Each 331.00 28,135.00 428.00 36,380.00 280.00 23 800.00 NO BID Signal Head wlTunnel Visor & LED 4. 12 inch 5 -Section Black Poly Traffic 25 Each 522.00 13,050.00 647.00 16,175.00 480.00 12,000.00 NO BID Signal Head w!Tunnel Visor & LED 5. Pelco 5 -Section Cluster Assembly 15 Each 209.00 3,135.00 185.00 2,775.00 185,00 2,775.00 NO BID Cable Mount SS Hardware 6. Battery Backup System UPS w/Cabinet. Batteries & Unit Housed in 5 Each NO BID 3,110.00 15,550.00 5,400.00 27,000.00 4,900.00 24,500.00 UPS Cabinet 7. TS -2 Traffic Controller Cabinet 5 Each 6,828.00 34,140.00 7,265.00 36,325.00 NO BID NO BID 8. RTC 503644 APT -22 School Clock Time Switch. 40 Each NO BID NO BID 395.00 15,800.00 NO BID 9. Video Detection Replacement Camera 20 Each NO BID 1,312.00 26,240.00 NO BID 1,100.00 22,000.00 10. VIVIDS Video Detection 2 -Channel Processor 16 Each NO BID 3,545.00 56,720.00 NO BID 2,250.00 36,000.00 11. MS Sedco Intersection System, Motion & Presence Microwave Detector for 4 16 Each NO BID 4,400.00 70,400.00 NO BID NO BID Intersections GRAND TOTAL AWARD: $287,085.00 $114,590.00 $54,375.00 $58.000.00 CITY OF CORPUS CHRISTI TRAFFIC SIGNALS AND EQUIPMENT BUYER: GABRIEL MALDONADO DATE: MARCH 22, 2011 ITEM 1. DESCRIPTION Siemens Eagle EPAC M-50 Traffic Controller with Data Port Key TS -2 Type 2, w/Ethemet Port & Multi Mode Fiber Ports in accordance with Spec. No. 1227. 2. ASC -3-2100 Econolite Traffic Controller, TS -2 Type -2 w/ABC connector and w/Data Port Key in a accordance with Spec. No. 1227. 3. 12 inch 3 -Section Black Poly Traffic Signal Head wfTunnel Visor & LED 4. 12 inch 5 -Section Black Poly Traffic Signal Head wfTunnel Visor & LED 5. Petco 5 -Section Cluster Assembly Cable Mount SS Hardware 6. Battery Backup System UPS w/Cabinef. Batteries & Unit Housed in UPS Cabinet 7. TS -2 Traffic Controller Cabinet 8. RTC 503644 APT -22 School Clock Time Switch. 9. Video Detection Replacement Camera 10. VIVIDS Video Detection 2 -Channel Processor 11. MS Sedco intersection System, Motion & Presence Microwave Detector for 4 Intersections QTY UNIT 12 Each 16 Each Texas Highway Products Round Rock, Texas UNIT PRICE EXTENDED PRICE NO BID NO BID 85 Each 355.00 30,175.00 25 Each 569.00 14,225.00 15 Each NO BID 5 Each 7,695.00 38,475.00 5 Each 40 Each 20 Each 16 Each 16 Each NO BID 450.00 18,000.00 NO BID NO BID NO BID No awards are recommended from the above bidders. Traffic Parts, Inc. Spring, Texas UNIT EXTENDED PRICE PRICE NO BID NO BID 340.00 28,900.00 570.00 14,250.00 . NO BID NO BID NO BID NO BID NO BID NO BID NO BID BID TABULATION PURCHASING DIVISION PRICE SHEET BI -0061-11 Naztec, Inc. 5ugariend, Texas EXTENDED UNIT PRICE PRICE NO BID NO BID NO BID NO BID NO 61D NO BID Henke Enterprises, Inc Twincrest Technologies Huntsville, Texas Mansfield, Texas UNIT EXTENDED PRICE PRICE NO BID NO BID NO BID NO BID NO BID NO BID 10,000.00 50,000.00 7,350.00 36,750.00 NO BID NO BID NO BID NO BID NO BID NO BID NO BID UNIT EXTENDED PRICE PRICE NO BID NO BID NO BID NO BID NO BID NO 81D NO BID NO BID NO BID NO BID NO BID 4,695.00 75,120.00 3 • AGENDA M City CoUncif Action Date 031221201 • • : . . „. . AGENDA ITEM: Ordinance appropriating $29,409435 #00-the Siete Of:Te)taelnihe No, 1061 Alice GrarKS Fund Law EnfOreement. Officer Standards and Educallon for training of pollee personnel and purchase of-tnoining equipment, and declarini*)*0000014 ISSUE: Based on the.Goverornernt cOdeil SectlOn- 410..9844, thoptate.orrotaeprOVidet an annual allocation kr-training. of police personnel as well as training eqUipinent. The fundS must beAPPMPriatett annUally when the shed sreeiv�d, BACKGROUNDINFORIVIATION:•The funds are received fr9m the State aadirectak by GOverrintent Code Section 415.0846, to make an .000.1.0100.4.01 itotn:me coo ghfOrdeinent Offlcer Standards and education account to qi4a1lfi0410*00f0:00100t *0000 for .0000W related to the continuing education of •full-titne officers and support POsOftriel and any training equirinient. The amount of funds received depends on tne'061.1W0f personnel. We have 55 01 janUtity I of each REQUIRED COUNCIL ACTION: Appropriation of funds. CONCLUSION AND RECOMMENDATION: Staff recommends appropriation of funds, D. Troy Ri f Chief of P Troyr@lectexas.corn 886-2603 Attachments: Deposit slip Letter from Texas Comptroller of Public Amounts — 2 7 — Dept. CITY OF CORPUS CHRISTI CASH RECEIPT REPORT: Processed ] • M1mlh Lila. Prepared/Reviewed by'.'; CtG(. Dat Ext: c (O 1.3 Bank Bag #: Q 7 3 135718 * PAY CODE ACCOUNT FUND ORG. PROJECT/ GRANT BUDGET YEAR AMOUNT REMARKS CM 33n5a3 s_D( t o ao 891602- ?M M . ,_`ito.85 1...E0 _ CASH VERIFICATION • COUNT CURRENCY $100s $ 50s $ 20s $ 10s $ 55 $ is AMOUNT COIN $0.50 $0.25 $0.10 $0.05 $0.01 CASH SUBTOTAL CHECK TOTAL (include tape) SUBTOTAL CREDIT CARD (include tape) GRAND TOTAL - * If you have inserted a 2 -digit Payment Code in the first column, leave the remaining columns blank. If you have not inserted a Payment Code in the first column, you must complete the remaining columns. (I.e., Account, Fund, Org., Project/Grant, Budget Year, Amount, and Remarks, WHITE/YELLOW — CENTRAL CASHIERING PINK — DEPARTMENT COPY GREEN— PERMANENT FILE COPY Revised 11/01/99 _28- $aVtjgo.gs $ acr1 q3 - • saitucing. 06/97 COMBINED FUNDS - DEPOSIT TICKET CITY OF CORPUS CHRISTI P.O.BOX 9277 CORPUS CHRISTI, TX 78469 -9277 Frost National Bank Receipt # / Check# Acct. DEPARTMENT: Deposit Ticket ate Prepared By * 1 CA a Fund Org. No. Prj. /Grt. Amount w.HECKS AND OTHER ITEMS ARE RECENED FOR DEPOSIT SUBJECT TO THE TERMS AND CONDmONS OF THIS FINANCIAL INSTITUTION'S AGREEMENT. :ms's 11673193 211' 1:i L40000931: Entered by/Date. Reviewed by /Date: 66 4012'?98tt' C A S H C H E C K $. 20 4, •4149270 FEBRUARY 25, 2011 02241 0116 902 9P110538 17460005741 051 - PAY!NG '.AGENCY : . 512 - 463- 4561.sC P LLER - STATE FISCAL PAYNTY NINE THOUSAND F; R[ EIGHT1DLLARS AND 85 /100 • Il uiii uIeulieleiliiI.1.111111111..i IIiIle.ieefldlueellel TO CITY -.OF CORPUS CHRISTI POLICE DEPARTMENT, 4y RISTI, TX 78469 -9016 VOID AFTER 08/31!2013 0304f" Li0,19QDLG4�. n "1240492 ?ono THE STATE OF TEXAS PAYMENT INFORMATION INVOICE N0. INV. DATE INVOICE DESCRIPTION DOC. N0, INVOICE AMOUNT PEACE OFF ALL PEACE OFFICER ALLOC 9P110538 529,480.8,5 PAYING AGENCY: COMPTROLLER — STATE FISCAL PAYING AGENCY PHONE NO: 512- 463 -4561 PAYING AGENCY NO: 902 PAYMENT INFORMATION I5 AVAILABLE ON THE INTERNET OR BY FAX AT: WWW.WINDOW.STATE.TX.US/FM /PAYMENT/ DIRECT DEPOSIT — IT GOES TO THE BANK FOR YOU. PLEASE DIAL (512) 936 -8138 TO SIGN —UP TODAY! PAYEE NO: 17460005741 051 PAYEE NAME: CITY OF CORPUS CHRISTI POLICE DEPARTMENT WARRANT N0: 124149270 ISSUE DATE: 02/24/2011 WARRANT TOTAL: No. 124149270 NOT NEGOTIABLE -- 029,480.85 Detach here before depositing TEXAS COMPTROLLER Of PUBLIC ACCOUNTS P.O, Box 13526 • AUSTIN, TX 78711-3526 February 25, 2011 CITY OF CORPUS CHRISTI POLICE DEPARTMENT PO BOX 9016 CORPUS CHRISTI TX 78469 -9016 Vendor number: 17460005741 -051 Enclosed is your annual allocation payment from the Law Enforcement Officer Standards and Education (LEOSE) account in the amount of $ 29,480.95. This payment must be used as necessary to ensure the continuing education of persons licensed under Chapter 1701, Occupations Code, or to provide necessary training, as determined by the agency head, to full -time, fully paid law enforcement support personnel in your agency. Your agency must maintain a complete and detailed record of all money received and spent. All money received is subject to audit by the Comptroller of Public Accounts and all money spent is subject to audit by the State Auditor. The Comptroller is directed by the Occupations Code, Section 1701.157 to make an annual allocation from the LEOSE account to qualified law enforcement agencies for expenses related to the continuing education of persons licensed under Chapter 1701, Occupations Code. Of the account, 20 percent is allocated equally among the qualified agencies. The remaining 80 percent is allocated on the basis of the number of eligible law enforcement positions each agency had as of January 1 of the preceding calendar year. An eligible law enforcement position is defined as one held by a person licensed under Chapter 1701, Occupations Code, who works as a peace officer or licensed jailer on the average of at least 32 hours a week, is compensated by a political subdivision of the state at the minimum wage rate or higher, and is entitled to all employee benefits offered to a peace officer. To receive your agency's share of the LEOSE account in 2012, you must complete and return the enclosed Law Enforcement Officer Standards and Education Account 2012 Allocation Basis form to us no later than April 29, 2011. The information provided in this report must be accurate and returned timely to our office to ensure the correct allocation of the LEOSE account. Please call us at (800) 531 -5441, ext. 3 -4530, or (512) 463 -4530 if you have any questions or if we can be of assistance. Enclosures Form 40 -3a5 (Rev.9.09/5) —31— ORDINANCE APPROPRIATING $29,480.85 FROM THE STATE OF TEXAS IN THE NO. 1061 POLICE GRANTS FUND -- LAW ENFORCEMENT OFFICER STANDARDS AND EDUCATION FOR TRAINING OF POLICE PERSONNEL AND PURCHASE OF TRAINING EQUIPMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $29,480.85 is appropriated in the No. 1061 Police Grants Fund - Law Enforcement Officer Standards and Education from the State of Texas for training of police personnel and purchase of training equipment. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading, this the day of March, 2011. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form: March 1, 2011 T. Trisha Dang Assistant 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 The above ordinance 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 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: March 22, 2011 AGENDA ITEM: Ordinance authorizing the City Manager, or designee, to execute a five -year lease agreement with Corpus Christi Senior Softball Association for the use of Kiwanis Park located at 3933 Timon, for softball program; and declaring an emergency. ISSUE: The prior lease with the Corpus Christi Senior Softball Association has expired and the league wishes to continue their use of the facility for their program. The Parks and Recreation Department is standardizing all youth and adult sports league leases for terms of five years, with the exception of the CCPAL (Corpus Christi Police Athletic League) lease, as current leases expire. The CCPAL lease agreement for the Driscoll Field at 4235 Baldwin will be executed for a four year term due the City's lease agreement with the Driscoll Foundation which expires on November21, 2015. There are 18 total lease agreements with youth and/or adult athletic leagues. The lease above has reached its respective expiration date and is being renewed. Additional leases will be renewed later this year and in future years as the lease terms expire. REQUIRED COUNCIL ACTION: City Council must approve all leases of city facilities. PREVIOUS COUNCIL ACTION: City Council approved the previous lease with the Corpus Christi Senior Softball Association on January 29, 1998. CONCLUSION AND RECOMMENDATION: Staff recommends City Council approve execution of the lease as presented. Michael Morris Director of Parks and Recreation Michaelmo @cctexas.com (361) 826 -3461 Attachments: Background Exhibit A — Lease Agreement with Map of Facility BACKGROUND INFORMATION The Corpus Christi Parks and Recreation Department is standardizing all youth sports league leases. There are 18 total lease agreements with youth and/or adult athletic leagues. The lease presented herein has reached its respective expiration date and is being renewed. Additional leases will be renewed later this year and in future years as the lease terms expire. The lease agreement include standards for maintaining the fields and associated amenities, a semi- annual inspections of facilities, background check and sportsmanship requirements, and other requirements for submitting documentation (list of board members, by -laws, etc). The Corpus Christi Senior Softball Association has used the The Kiwanis Softball complex located at 3933 Timon since January 29, 1998. The league's previous lease agreement expired on January 31, 2011. Throughout the lease term, the league remained in good standing and maintained the fields according to the standards required in the lease agreement. The property to be leased includes: One enclosed Softball field with lights, bleachers, parking area, concession area, scoreboard, and restrooms located at 3933 Timon. Throughout the lease term, the league remained in good standing and maintained the fields according to the standards required in the lease agreement. Exhibit A-1 Kiwanis Softball Complex. Lease & Use Agreement between City of Corpus Christi and Corpus Christi Senior Softball Association Tommy ve. LEGEND -39- LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI SENIOR SOFTBALL ASSOCIATION This lease agreement ("Lease ") is entered into by and between the City of Corpus Christi, a Texas home rule municipal corporation ( "City "), acting through its duly authorized City Manager or designee ( "City Manager "), and Corpus Christi Senior Softball Association ( "Lessee "), a Texas unincorporated nonprofit association, acting through its duly authorized President of Lessee. WHEREAS, the City owns property described on the attached Exhibit A, which said property is located in Corpus Christi, Nueces County, Texas, a portion of which will be known as the "Premises "; WHEREAS, the Lessee desires to use the Premises for program described on the attached Exhibit A; and WHEREAS, the City desires to allow Lessee to use the Premises for said program; NOW, THEREFORE, the City and Lessee, in consideration of the mutual promises and covenants herein, agree as follows: Section 1. Term. Subject to the remaining terms and conditions hereof, the original term of this Lease is as described on the attached exhibit, beginning on day of City Council approval, ( "Effective Date ") which is , unless sooner terminated as set out herein. Upon Effective Date, this lease terminates the prior leases between the parties for use of said Premises. Section 2. Contact Person /Lease Administrator. For this Lease, the City's contact person and lease administrator is the Director of Parks and Recreation or designee ( "Director "). Section 3. Premises and Improvements. City leases to Lessee the Premises, as described and delineated in Exhibit B the site map which is attached hereto and incorporated herein this Agreement by reference, and all improvements to the Premises ( "Improvements ") including, without limitation, the fields, fences, irrigation systems, and the grassed areas. Section 4. Consideration. Lessee must operate the program described on Exhibit A and must maintain the Premises and all Improvements on a year -round basis in accordance with all maintenance rules, with respect to this Lease, set out by the City Manager or his designee in effect now and as promulgated in the future. Failure to maintain the Premises and all Improvements in accordance with these rules constitutes grounds for termination of this Lease. At a minimum, maintenance includes: (A) Lessee shall pick up and properly dispose of litter on a daily basis whenever the Premises are being used and weekly during the rest of the year. 1 -40- (B) Lessee shall keep fully operational and in good repair the fields, and irrigation systems, if any are present or installed on the Premises. (C) Lessee must immediately report any vandalism to the Director, or designee, and the Corpus Christi Police Department, Nueces County, Texas. (D) Lessee shall ensure that parking is confined to on- street parking only, or designated parking Tots but no parking is to be allowed on grass. All motor vehicles must be restricted to the designated parking lot area. (E) Lessee will provide normal, scheduled mowing of the Premises. Lessee will be responsible for maintaining the fields as set out in herein below. Furthermore, Lessee will be responsible for maintaining the grass in the adjacent viewing /access areas at a safe height not to exceed six (6) inches; (F) Lessee shall maintain the fields within the Premises boundary lines. Grass on the fields must not exceed three (3) inches. Lessee must mow the fields within one (1) week after grass reaches three (3) inches in height. At least one month prior to the start of any season or pre - season practice, the fields must be gradually cut shorter and brought into playing condition. Failure to keep the grass on the fields at or below three (3) inches in height or to properly bring the fields back to playing condition will be grounds for termination of this Lease; (G) If Lessee utilizes goal posts on the Premises, Lessee shall maintain a secure anchoring system on all goal posts used on the fields at Premises. Lessee must repair any deficiency found in the anchoring system that impairs the safe use of the anchoring system within forty -eight (48) hours after the need for repair is or should have been discovered; Lessee shall not allow use of the Premises until the anchoring system is repaired; (H) Lessee is responsible for proper installation and use of all equipment and improvements at Premises; (I) Lessee must maintain First Aid kit on Premises; (J) Lessee shall complete and submit the attached Exhibit D, Standard of Maintenance to the Director no later than March 1 and again August 1 of each year. Section 5. Compliance with Maintenance Standards. The City Manager and the Director, or their respective designee, has the right to inspect the Premises and /or the Improvements at any time during the term of this Lease. If an inspection reveals that maintenance is not being properly carried out, the Director, or designee, may provide written notice to Lessee demanding compliance, and also assessing fee of $250. If Lessee has not complied within five (5) days after receipt of the demand, the City may undertake the work and Lessee shall pay the City's cost plus ten percent (10 %) overhead within thirty (30) days of receipt of the Director's invoice. Failure to pay the City's invoice for maintenance within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Lease. Alternatively, the City may elect to terminate this Lease after ten (10) days written notice to Lessee for Lessee's nonperformance of the maintenance. Section 6. Sportsmanship Program. Lessee shall require that all of its coaches and at least one family member of each youth participant shall complete a state or nationally recognized, or Parks Director approved, parent and coach sportsmanship program. 2 —41— Section 7. Background Checks. Lessee shall require satisfactory criminal background checks on each of its Board members and coaches associated with its sports program. Section 8, Assignment and Sublease. This Lease may not be, in whole or in part, assigned, directly or indirectly, without the prior written consent of the City. This Lease may be sublet only with the prior written consent of the Director. Requests to sublet the premises must be submitted to the Director at least 30 days in advance. Section 9. Securing /Anchoring of Goal Posts. Lessee acknowledges and covenants that Lessee shall be responsible, during the term of this Lease, for maintaining the anchoring system, as set out in Section 4 above. Any change, alteration, or modification to the anchoring system during the term of this Lease must be submitted to Director, in writing, prior to the change, alteration or modification being made. Section 10. Understanding. Lessee acknowledges and understands that use of the Premises is expressly conditioned on the understanding that the Premises and all Improvements must be returned in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction, where Lessee is without fault, excepted. Section 11. Joint Use. (A) City retains joint use of the Premises and Improvements during the term of this Lease, subject to Lessee's right to exclusive control of the Premises during its use for Lessee's sport program purposes. Requests for scheduled organized activities by other organizations will be reviewed for approval or denial by the Director and Lessee. (B) City retains the right to use or cross the Premises with utility lines and/or easements. City may exercise these rights without compensation to Lessee for damages to the Premises and /or any Improvements from installing, maintaining, repairing, or removing the utility lines and/or easements. City must use reasonable judgment in locating the utility lines and /or easements to minimize damage to the Premises and /or its Improvements. Section 12. Primary Purpose. Lessee must establish and maintain a recreational area with the primary purpose being for the operation of a sports program described on attached Exhibit A and for no other purpose without the Director's prior written approval. Lessee's fundraising activities on Premises require Director's prior written approval. Lessee's insurance must provide coverage in compliance with Section 22 for the type of fundraising activity being proposed by Lessee. Section 13. Construction (A) No construction or modifications may be made at the Premises, and no drilling, excavation, or penetration of the soil surface may be conducted at the Premises without the prior written approval of the City Director. Lessee shall not make any additions nor alterations to the Premises nor to any Improvements without Director's prior written approval. If approved, Lessee must obtain clearance, in writing, from City's Risk Management Department (Risk Management) that the proposed addition or alteration will be covered under the insurance policy in force during the term of this Lease before proceeding with any type of addition or alteration to the Premises or to the improvements. (B) All additions or alterations must be made at Lessee's expense. All additions or alterations installed by Lessee must be repaired or replaced at Lessee's expense and may be removed by Lessee at the expiration or termination of the Lease only if they may be removed without damaging the Premises or any improvements. All additions or alterations made by Lessee which are not removed at the expiration or termination of this Lease become the property of City without necessity of any legal action. Section 14. Utilities. Lessee must pay for all utilities used by it or for any activity sponsored by Lessee on the Premises prior to the due date for payment. Failure to pay any utility bill on or before the due date is grounds for termination of this Lease. Section 15. Signs. (A) Lessee must not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering (Signs) on the Premises or on any Improvements without the Director's prior written approval. (B) If Signs are approved, the Director, in writing, may require Lessee to remove, repair, or repaint any Signs. if the Signs are not removed, repaired, or repainted within ten (10) days of the Director's written demand, the City may do or cause the work to be done, and Lessee must pay the City's costs within thirty (30) days of receipt of Director's invoice. Failure to pay the City's costs within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Lease. Alternatively, the City may elect to terminate this Lease after ten (10) days written notice to Lessee. Section 16. Advertising. The Director has the right to prohibit any advertising by Lessee on Premises which impairs the reputation of the Premises or the City. Section 17. Security. Lessee shall contract and pay for any and all security it requires at the Premises during the term of this Lease. Section 18. Non - Discrimination. Lessee shall not discriminate nor permit discrimination against any person or group of persons, as to employment and in the provision of services, activities, and programs, on the grounds of race, religion, national origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws of the United States or the State of Texas. The City Manager, or his designee, retains the right to take such action as the United States may direct to enforce this non - discrimination covenant. Section 19. Compliance with Laws. (A) Lessee must comply with all Federal, State, and local government laws, rules, regulations, and ordinances, which may be applicable to its operation at the Premises and its performance under this Lease. This Lease is also subject to applicable provisions of the City Charter. (B) All actions brought to enforce compliance with any law or to enforce any provision of 4 -43- this Lease will be brought in Nueces County where this Lease was executed and will be performed. Section 20. Costs. Noncompliance with the terms herein may result in termination of this Lease and repossession of the Premises and its Improvements by the City or its agents. if the City undertakes legal action to enforce compliance or collect damages resulting from noncompliance, Lessee must pay all of the City's court costs and expenses, including reasonable attorneys' fees. Section 21. Indemnity. Lessee, its officers, members, partners, employees, . representatives, agents, and licensees (collectively, Indemnitors) covenant to fully indemnify, save, and hold harmless the City, its officers, employees, representatives, and agents (collectively, lndemnitees) from and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers compensation and death claims, or property loss or damage of any kind whatsoever, to the extent any damage or injury may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part , (1) the existence, use, operation, maintenance, alteration, or repair of Premises and the Lessee's sports program; (2) the exercise of rights under this Lease; (3) an act or omission, negligence, or misconduct on the part of any persons having involvement in, participation with, or business with the Premises, Lessee, or the Lessee's sport program whether authorized with the express or implied invitation or permission of Lessee (collectively, Lessee's Invitees) entering upon the Premises or its Improvements pursuant to this Lease, or trespassers entering upon the Premises or its Improvements during Lessee's use or physical occupation of the Premises; or (4) due to any of the hazards associated with sporting events, training, or practice as a spectator or participant including, but not limited to, any injury or damage resulting, wholly or in part, proximately or remotely, from the violation by Indemnitees or any them of any law, rule, regulation, ordinance, or government order of any kind; and including any injury or damage in any other way and including all s -44- expenses arising from litigation, court costs, and attorneys fees, which arise, or are claimed to arise from, out of, or in connection with the asserted or recovered incident. Lessee covenants and agrees that if City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with counsel satisfactory to lndemnitees, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, demand, claim, or action. Section 22. Insurance. (A) Lessee must secure and maintain at Lessee's expense, during the term of this Lease, a Commercial General Liability insurance policy with the limits and requirements shown on Exhibit C, which is attached hereto and incorporated herein by reference. Failure to maintain such insurance at the limits and requirements shown on Exhibit C constitutes grounds for termination of this Lease. (B) Lessee must provide proof, by Certificate of Insurance meeting the limits and requirements set out in Exhibit C, to the Director and Risk Management prior to - commencing use of the Premises under this Lease. (C) Lessee must provide the Director and Risk Management thirty (30) days written notice of cancellation, intent not to renew, or material change of any insurance coverages required herein. (D) Lessee shall, during the term of this Lease, provide copies of all insurance policies to the City Manager or the Director upon written request. (E) Lessee shall, prior to any addition or alteration to the Premises or to the Improvements, obtain clearance, in writing, from Risk Management, as per Section 8 as set out herein this Lease. Section 23. No debts. Lessee shall not incur any debts nor obligations on the credit of City during the term of this Lease. Section 24. Termination. (A) The City Manager may immediately terminate this Lease for cause and without penalty if the City Manager determines, in his sole discretion, that Lessee is no longer fulfilling the primary purpose of the Lease as set out in Exhibit A. (B) In addition, the City Manager may immediately terminate this Lease for cause and without penalty if he determines, in its sole discretion that Lessee is in violation of any 6 —45— Federal, State, or local government law, rule, regulation, or ordinance. (C) Additionally, if there is noncompliance with one or more of the provisions contained herein, the Director may give Lessee written notice to cure or begin curing the default(s) within ten (10) days of receipt of the notice. If Lessee is not in compliance or in substantial compliance with each provision identified by the Director within ten (10) days of receiving said notice, the City Manager may terminate this Lease for cause without penalty by providing written notice of termination and listing one or more areas of continued noncompliance. (D) Either City Manager or Lessee may terminate this Lease without cause without penalty by giving thirty (30) days written notice to the non - terminating party. (E) Lessee's property must be removed from the Premises upon date of termination. If it is not removed by Lessee, then City may retain property for City purposes, or City may dispose of the property in any manner deemed appropriate by Director and Lessee shall pay City's costs for disposal. Section 25. Notice. All notices, demands, requests, or replies provided for or permitted, under this Lease, by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; or (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. All such communications must only be made to the following: IF TO CITY: IF TO LESSEE: City of Corpus Christi Attn: Director of Park & Recreation P. O. Box 9277 Corpus Christi, TX 78469 -9277 Name and address on Exhibit A Either party may change the address to which notice is sent by using a method set out above. Lessee will notify the City of an address change within thirty (30) days after the address is changed. Section 26. List of Current Officers and Board of Directors, and Bylaws. Lessee must submit its current List of Officers and Board of Directors (List) to the Director by each January 31 of each year of this Lease. The List must contain each person's title, name, address, home phone, and office or fax phone, and email address. Lessee must notify Director in writing immediately if there are any changes in the Officers or Board of Directors. Lessee must provide Director with copy of the current Bylaws, and immediately provide Director with any amendments to the Bylaws. Section 27. Reporting. Lessee shall submit reports listing the number of youth and 7 —46— teams registered by Lessee to play sports each year during the term of this Lease. The reports must be submitted to the Director within two weeks after the start of Lessee's season. Section 28. Construction and Reconstruction Funds. (A) If the City receives funds to construct or reconstruct Improvements at the Premises, Lessee covenants to vacate the Premises, should the Director deem it necessary, upon thirty (30) days written notice from the Director. (B) Lessee has no action for damages against nor will be compensated by the City for loss of use of the Premises and/or Improvements. The City has no obligation to provide an alternate location for Lessee during the Improvements construction or reconstruction period. The consideration for Lessee relinquishing all rights to use the Premises and Improvements during the construction or reconstruction period is the City's construction or reconstruction of the Improvements for Lessee's benefit. (C) Once construction or reconstruction of the Improvements is complete, the Director will notify Lessee, in writing, of the date on which the Premises and Improvements are once again available to Lessee. (D) Lessee's term will not change nor increase if the City requests Lessee to vacate the Premises as set out herein. Section 29. Amendments. No alterations, changes, or modifications of the terms of this Lease, nor the waiver of any provision will be valid unless made in writing and signed by a person authorized to sign agreements on behalf of each party. Section 30. Waiver. (A) The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights hereunder. (B) No waiver of any covenant or condition or of the breach of any covenant or condition of this Lease by either party at any time, express or implied, shall be taken to constitute a waiver of any subsequent breach of the covenant or condition nor shall justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition hereof. (C) If any action by the Lessee requires the consent or approval of the City on one occasion, any consent or approval given on said occasion will not be deemed a consent or approval of the same or any other action at any other occasion. (D) Any waiver or indulgence of Lessee's default of any provision of this Lease shall not be considered an estoppel against the City. It is expressly understood that, if at any time Lessee is in default in any of its conditions or covenants hereunder, the failure on the part of City to promptly avail itself of said rights and remedies which the City may have will not be considered a waiver on the part of the City, but the City may at any time avail itself of 8 —47— said rights or remedies or elect to terminate this Lease on account of said default. Section 31. Force Maieure. No party to this Lease will be liable for failures or delays in performance due to any cause beyond their control including, without limitation, any failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The rights and obligations of the parties will be temporarily suspended during this period to the extent performance is reasonably affected. Section 32. Publication. Lessee agrees to pay the cost of newspaper publication of this Lease and related ordinance as required by the City Charter. Section 33. Captions. The captions in this Lease are for convenience only, are not a part of this Lease, and do not in any way limit or amplify the terms and provisions of this Lease. Section 34. Severability. (A) If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Lease that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. (B) To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Lease, then the remainder of this Lease is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Lease automatically. Section 35. Complaint Notice. Lessee will post a notice at Premises, in a form approved by the Parks Director, that if any participant or spectator has any complaints or concerns they may contact the City at 826 -3461 and talk to the Parks Director, or designee. Section 36. Entirety Clause. This Lease and the attached and incorporated exhibits constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter hereof, unless contained in this Lease are expressly revoked, except for the promulgation of future maintenance rules as contemplated in Section 4 herein above, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits of the terms, conditions, promises, and covenants governing each party's performance hereunder and as relating to Lessee's use of the Premises. 9 -48- EXECUTED IN DUPLICATE, each of which shall be considered an original, on this the day of , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary `Angel R. Escobar, City Manager Approved as to legal form: By: Lisa Aguilar, Assistant City Attorney for the City Attorney LESSEE: Corpus Christi Senior Softball Association By:i° _P Presidefit Printed Name: Date: / — 2 i� // STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on a$ 2011, by Lever 9cz r ra.ck, President of cC Se,na0e54 -buL P soc , on behalf of said organization. ,,4ii I 11 Flrili1r11iili /f. ` oR p7i N4 7 cn f� „^ r C Notary Public, State of Texas Printed name: lA eo ,v,; R. ReLy-m'ire.z Commission expires: teVa -ei o 1. 20 ► 2.. —49— 10 EXHIBIT A Property Description: Parcel of Kiwanis Park, as depicted on attached drawing Term: Five years from date of final Council approval Program to be operated by Lessee: softball Notice Address for Lessee: Corpus Christi Senior Softball Association Attn: President ' 1-7 1)4_ l l S 5( . ( tti r ! 9 ®. , 'ICY . % S Z- 11 -50- EXHIBIT B Site map -51- 12 Exhlbft. 1 lwahls Softball,Coinplec..;;` :..: `: Leese & UUbe Agreement ::: - `.. beiween `Qfty'bf .Carpus `Christl: ant Oorpiis:ChristlSoilor:.:...: :. SottiallAssoclalion 'f' i#sf:.4v'i EXHIBIT C INSURANCE REQUIREMENTS LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this agreement until insurance required herein has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager, (two) 2 copies of Certificates of Insurance, with the City named as an additional insured for all liability policies, and a blanket waiver of subrogation on all applicable policies showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation is required on all certificates Bodily Injury and Property Damage Per occurrence / aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations Hazard 4. Contractual Liability 5. Independent Contractors 7. Personal Injury $1,000,000 COMBINED SINGLE LIMIT C. In the event of accidents of any kind, the Lessee must furnish the Risk Manager with copies of all reports of any accident within ten (10) days of the accident. II. ADDITIONAL REQUIREMENTS A. Certificate of Insurance: The City of Corpus Christi must be named as an additional insured on the liability coverage, and a blanket waiver of subrogation on all applicable policies. * The name of the facility being leased must be listed under "Description of Operations ". At a minimum, a 30 -day written notice of termination, non renewal, material change or cancellation is required. 2011 Sport Fields leases insurance requirements 1 -17 -11 ep Risk Management END SITE: EXHIBIT D STANDARD OF MAINTENANCE SPORT FIELD LEASE CHECKLIST Due March 1 and August 1 each year of the Lease INSPECTOR: ADDRESS: Date of Inspection: League President Signature League President Printed Name: Alf Leagues must complete this self - inspection checklist form twice each year. Due date will be March 1 and again August 1 of each year of the lease. Each league is responsible for their self inspection. If the inspection is not submitted to the City of Corpus Christi Parks and Recreation Department, 1201 Leopard, Corpus Christi, Texas 78401 by the deadline (March 1 and August 1) each year of the lease, the League will be assessed a fee of $250.00 per site for each inspection the City performs. Check "NO" if repairs are not necessary; "YES" if repairs are necessary. A comment is required for any "YES" answer. SKINNED AREAS Yes No [ 1 [ 1 1. The soil is too loose to provide good running traction. [ ] [ 1 2. The soil surface is not loose enough around sliding zones for safe sliding. [ 1 [ ] 3. The soil is too abrasive for safe sliding. [ 1 [ 1 4. The soil is too compacted to provide good drainage. [11] 5. Running paths and sliding zones near bases have become worn and need to be leveled off. [ ] [ ] 6. Batter's box and home plate areas have become worn and need to be reconditioned. [][] 7. Pitcher's mound has become worn and needs to be reconditioned. [][] 8. The skinned area has low spots, holes, or is not level and should be dragged /re- graded. [1 [ 1 9. There is a hazardous soil buildup (Hp) between the skinned area and the turf. —54— 14 [1 [ ] 10. The skinned area has unsafe wet spots and/or puddles. [ ] [ 1 11. When moist, the skinned area is too sticky and adheres to shoes. [ ] [ ] 12. Coach's box is not level with surrounding area. [ ] [ ] 13. Coach's box is excessively hard. COMMENTS PITCHER'S MOUND Yes No [ ] [ ] 1. The mound does not conform to league requirements. [ ] [ ] 2. Platform area behind the rubber is not large enough. 1111 3. "Push off" and "landing" areas are not constructed with specialized clay. [1 [ ] 4. "Push -off' and "landing" areas are dished out and need repair. [1 [ ] 5. There is a hazardous soil buildup (lip) between the mound and the infield grass. COMMENTS PLAYING SURFACE: Yes No [ ] [ ] 1. Maintenance equipment such as rakes, hoses, etc. have been left on the field. [ ] [ ] 2. Litter and unsafe debris is scattered around the field and player /spectator areas. [ ] [ ] 3. The supply and location of waste cans is inadequate. [ ] [ ] 4. Sprinkler heads, drainage grates, valve boxes, etc. in the field are above grade or have sharp edges or unsafe protrusions. [j [ ] 5. There have been recurring accidents from players running into surrounding objects such as fencing, light posts, bleachers, etc. 15 -55- [ ] [ ] 6. Our facility does not comply with industry recommended field design specifications. COMMENTS BASES AND ANCHORING: Yes No [ ] [ ] 1. The base coverings have unsafe rips or gouges. [3 [ ] 2. The base framework or hardware is loose or damaged. [ ] [ ] 3. The base ground stake is unsafely protruding above the surface grade. [ ] [ ] 4. The base ground stake is out of alignment or not level with the surface. [ ] [ ] 5. The base ground stake is not firmly secured in its concrete footing. [ ] [ ] 6. The base, ground stake and its footing are not installed according to the manufacturer's requirement. [ ] [ ] 7. The bases do not seat properly with the ground elevation or they are seated loosely. [ ] [ ] 8. The concrete footings have rounded edges and may twist out of place in the ground. [1 [ ] 9. The surface of home plate is not level with the surrounding surface. [ ] [ ] 10. The surface of home plate is worn or irregular. [ ] [ ] 11. The pitcher's rubber is not level with the surrounding surface or is not secured safely into the ground. [ ] [ ] 12. The pitcher's rubber is showing unsafe wear or gouges. COMMENTS SIGNS Yes No [ ] [ ] 1. The signs are in good condition and properly installed. COMMENTS 16 —56— FENCING Yes No [ ] [ ] 1. Fence posts are loose or improperly set in the ground. [ ] [ ] 2. Fence posts are on the inside of the playing area fence. [ ] [ ] 3. Concrete footings are exposed above ground. [ ] [ ] 4. Fencing is not securely attached to the fence posts with loose or broken ties. [ ] [ ] 5. There are unsafe gaps under fencing. [ ] [ ] 6. There is no bottom tension wire or railing to secure the bottom of the fence. [ ] [ ] 7. There is not top railing to secure fence at the top. [ ] [ ] 8, Wire ends of chain link fencing are exposed along the top. [1 [ ] 9. There are damaged portions of fencing that are loose, sharp, protruding, or unsafe. [ ] [ ] 16. Gates are left open during games. [ ] [ ] 11. There are unsafe gaps in the backstop or netting with worn out boards or fencing. [ ] [ ] 12. Backstop does not meet industry recommended specifications. [ ] [ ] 13. There is no warning track or warning track is in unsafe condition. COMMENTS TURF AREAS Yes No [)[) 1. There are unsafe bare spots in turf with a hard soil surface exposed. [][) 2. The surface is uneven because of soil grade. [ ] [ ] 3. Soil is too wet or drains poorly making an unsafe running surface. [ ] [ ] 4. Turf is not uniform in texture, density, or height making an unsafe playing surface. [1 [ ] 5. Turf irrigation comes on during games. [ ] [ ] 6. Turf is not stable and "blow- outs" frequently occur. [ ] [ ] 7,Weeds are present with thorns, bristles, or burrs. [ ] [ ] 8. Moles, gophers or other animals have caused mounds or holes. [][] 9. Hazardous ruts occur on the field from mowing equipment or trenching. -57 - 17 [ ] [ ] 10. Permanent materials used to mark foul lines (Le., white boards or fire hose) are protruding from the surface. COMMENTS LIGHTING Yes No [ ] [ ] 1. The lighting was not designed, installed, or inspected by properly trained engineers or technicians. [ ] [ ] 2. There are burned out lights. [1 [ ] 3. The beam direction of the lights are out of adjustment. [ ] [ ] 4. The lighting grid pattern on the field is uneven or irregular. [1 [ ] 5. The lighting foot - candles do not meet industry recommended specifications. COMMENTS BLEACHERS Yes No [ ] [ 1 1. The nuts and bolts on the bleachers are loose, missing, or protruding. [ ] [ ] 2. The guard rails are loose or missing. [ ] [ ] 3. The plank or railing end caps are loose or missing. [ ] [ ] 4. Wooden planks are worn out or splintered. [ ] [ ] 5. There are hazardous protrusions or sharp edges. COMMENTS GENERAL SAFETY CONSIDERATIONS Yes No [3 [ ] 1. Skinned foul lines have become rutted and need to be reconditioned. [ ] [ ] 2. The chalking material used is irritating to the eyes. [ ] [ ] 3. There are no warning signs posted informing players or spectators of use 18 _5g_ rules or hazardous conditions. [ ] [ ] 4. There are no public telephones available for emergency situations. [ ] [ ] 5. Areas that are hazardous or under repair have not been blocked off or identified. [ ] [ ] 6. There is currently no communication between the maintenance staff and the facility users. COMMENTS 19 —59— Page 1 of 1 ORDINANCE AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE FIVE -YEAR LEASE AGREEMENT WITH CORPUS CHRISTI SENIOR SOFTBALL ASSOCIATION FOR THE USE OF KIWANIS PARK LOCATED AT 3933 TIMON FOR SOFTBALL PROGRAM; 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 execute a Five year lease agreement with Corpus Christi Senior Softball Association for the use of Kiwanis Park located at 3933 Timon for softball program. A copy of the lease is on file with the City Secretary. SECTION 2. If, for any reason, any section, paragraph, subdivision, clause,* phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter Rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor Approved: 1 ( , 2011 By: netivr Lisa Aguilar, stant City Attorney For City Attor H:ILEG- DIR1Lisa12011 OrdinancelORD- LeaseCCSoftballAssn -If itt isPark.doc 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: 1/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, 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 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: March 22, 2011 AGENDA ITEM: Ordinance appropriating $17,028 from anticipated additional revenue in the Hotel Occupancy Tax Fund No. 1030 for marketing efforts for the South Texas Art Museum ($12,606), Botanical Gardens of South Texas ($4,036) and the Asian Cultures Museum ($386); changing the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683 to increase both revenues and expenditures by $17,028 each; and declaring an emergency. ISSUE: Due to budgetary constraints the City was unable to support many of the art groups with Hotel Occupancy Tax revenue at the same level as in the past. In order to provide some assistance to the Texas State Museum of Asian Cultures & Education Center, the South Texas Botanical Gardens & Nature Center and South Texas Institute for ,the Arts, the City has agreed (contingent upon Council approval) to appropriate anticipated additional revenue in the Hotel Occupancy Tax Fund to be used by these three entities for marketing efforts. REQUIRED COUNCIL ACTION: Approval of Ordinance is required. PREVIOUS COUNCIL ACTION: NONE CONCLUSION AND RECOMMENDATION: City Staff recommends approval of the Ordinance. Eddie Houlihan Assistant Director of Financial Services EddieHo(cctexas.com (361)826 -3792 Attachments: Background Information BACKGROUND INFORMATION When the City was unable to support the art groups with Hotel Occupancy Tax revenue at the same level as in the past, staff looked for alternatives to provide these groups with some level of support. The original plan was for the City to "no bill" City utilities (Water, Wastewater and the cost of service portion of the Gas bill). The value of these utilities to the three entities has been determined to be $37,028 - Texas State Museum of Asian Cultures & Education Center ($839), South Texas Botanical Gardens & Nature Center ($8,776) and the South Texas Institute for the Arts ($27,413). During the process of amending the entities' lease agreements to allow for non- payment of City utilities, it was discovered this would require a change to the City's utility rate ordinance. Staff determined this would not be in the best interest of the City and other options were explored. The proposed solution is $17,028 is to be appropriated from Hotel Occupancy Tax revenue and $20,000 will be expended by the Convention and Visitors' Bureau from their contingency marketing reserve to support the three entities. After six months, Hotel Occupancy Tax revenues are 6.2% higher than prior year collections. At this time revenues (excluding the Convention Expansion 2% portion) for FY 2010 -11 are projected to be $234,000 greater than budgeted amounts. Page 1 of 2 ORDINANCE APPROPRIATING $17,028 FROM ANTICIPATED ADDITIONAL REVENUE IN THE HOTEL OCCUPANCY TAX FUND NO. 1030 FOR MARKETING EFFORTS FOR THE SOUTH TEXAS ART MUSEUM ($12,606), BOTANICAL GARDENS OF SOUTH TEXAS ($4,036) AND THE ASIAN CULTURES MUSEUM ($386); CHANGING THE FY 2010 -2011 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 028683 TO INCREASE BOTH REVENUES AND EXPENDITURES BY $17,028 EACH; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The amount of $17,028 is appropriated from anticipated additional revenue in the Hotel Occupancy Tax Fund No. 1030 for marketing efforts for the South Texas Art Museum, Botanical Gardens of South Texas and the Asian Cultures Museum, to be distributed as follows: $12,606 to South Texas Art Museum, $4,036 for Botanical Gardens of South Texas, and $386 for the Asian Cultures Museum. SECTION 2. That the FY 2010 -2011 operating budget adopted by Ordinance 028683 is changed by increasing both revenues and expenditures by $17,028 each. 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 March, 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: March /5'.. , 2011 itc Lisa A ill Assi ant City Attorney For City Attorney H: 1LEG- DIRl JeannielLisalOrdinances- ResolutionslORD- approp HOT funds 03- 115- 11.doc —67— 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. 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, 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 Leal John Marez Nelda Martinez Mark Scott Linda Strong H:I LEG- DIRUeannielLisalOrdinances- ResolutionslORD- approp HOT funds 03- 15- 11.doc —68— 6 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: March 22, 2011 AGENDA ITEM: Ordinance governing City elections in 2011, including appointment and compensation of election officials, voting systems, central counting station. ISSUE: The attached ordinance establishes various functions and duties for the May 14, 2011 City of Corpus Christi General Election and other City elections that may be scheduled in 2011 as required by the Texas Election Code. These functions include the appointment and compensation of election officials, voting systems, and designating the Nueces County Courthouse as the sole central counting station for the tabulation of the early vote. REQUIRE COUNCIL ACTION: Staff recommends approval of this ordinance. Armando Chapa City Secretary armandocC?cctexas.com 826 -3105 Attachment: Ordinance ORDINANCE GOVERNING CITY ELECTIONS IN 2011, INCLUDING APPOINTMENT AND COMPENSATION OF ELECTION OFFICIALS, VOTING SYSTEMS, AND CENTRAL COUNTING STATION; AND DECLARING AN EMERGENCY. WHEREAS, regular City Council elections are scheduled for May 2011 and other City elections may be scheduled at other times in 2011; and WHEREAS, such elections must be conducted efficiently and in accordance with the Texas Election Code; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. This ordinance governs all City of Corpus Christi elections during the calendar year 2011. SECTION 2. The Presiding Judges and Alternate Judges specified in the attached and incorporated Exhibit A are appointed pursuant to Texas Election Code, Section 32.005. Each Presiding Judge shall appoint not less than two nor more than five election clerks (with any additional clerks appointed only upon the approval of the City Secretary), one of whom must be the Precinct's Alternate Presiding Judge, pursuant to Texas Election Code, Sections 32.031, 32.032 and 32.033. The City Secretary is authorized in the event of an emergency preventing any of the designated Presiding Judges and Alternate Presiding Judges from being utilized to provide for suitable replacements. SECTION 3. Buck Sosa is appointed Presiding Judge of the Early Voting Ballot Board pursuant to Texas Election Code, Section 87.002, and Presiding Judge of the Central Counting Station pursuant to Texas Election Code, Section 127.005. SECTION 4. Armando Chapa, City Secretary is appointed Manager of the Central Counting Station pursuant to Texas Election Code, Section 127.002. SECTION 5. Simon Saenz, III, Nueces County, Deputy County Clerk is appointed Tabulation Supervisor of the Central Counting Station pursuant to Texas Election Code, Section 127.003. SECTION 6. Rochelle Limon, Nueces County Elections and Archives Manager is appointed Assistant to the Tabulation Supervisor pursuant to Texas Election Code, Section 127.004. SECTION 7. City Secretary Armando Chapa is appointed the authority who is responsible for the conduct of City elections including training and is directed to make all necessary arrangements to lawfully conduct elections. SECTION S. Compensation for persons appointed in or pursuant to this Ordinance is: a. Appointments under Sections 2 and 3: Each Presiding Judge and Alternate Presiding Judge must be compensated at $8.00 per hour for services rendered; election clerks who are not City employees must be compensated at $8.00 per hour for services rendered, subject to Texas Election Code, Section 32.091; $25.00 must be paid to election judge or clerk for delivering precinct election records, judge booth controller, or other election equipment, and unused election supplies after the election pursuant to Texas Election Code, Section 32.092; Presiding Judges, Alternate Judges, early voting clerks and deputy voting clerks will be compensated for attending the required training program at a rate not to exceed $8.00 an hour, pursuant to Texas Election Code, Section 32.112. Overtime must be paid as per Fair Labor Standards Act. b. Appointments under Section 4 and 7: No additional compensation to City salary. c. Appointments under Section 5 and 6: No additional compensation to Nueces County salaries. These services are part of services furnished by Nueces County. d. No additional compensation to City employee salary. Overtime must be paid as per the City Compensation and Classification Policy and the Fair Labor Standards Act. SECTION 9. The electronic voting system approved by the Secretary of State and the United States Department of Justice for Nueces County is adopted for early voting and election day voting. SECTION 10. The Nueces County Courthouse is designated as the sole Central Counting Station for early vote tabulation. SECTION 11. if for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it may not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is definite intent of the City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 12. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and take effect upon first reading as an emergency measure this the day of March 2011. ATTEST: Armando Chapa City Secretary APPROVED: Dated this the '4 THE CITY OF CORPUS CHRISTI Joe Adame Mayor day of March, 2011 Carlos Valdez City Attorney Corpus Christi, Texas day of March, 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 City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris Adler Larry Elizondo Kevin Kieschnick John E. Marez Priscilla Leal Nelda Martinez Mark Scott Linda Strong CITY OF CORPUS CHRISTI GENERAL ELECTION - MAY 14, 2011 PRECINCT ,JUDGE 1 Sharon Pope 2 Jennifer Dragoo 3 Robert Andreas 4 Phillip Yarbrough 5 Wayne Williams 6 Douglas Bynum 7 Trini Garcia 8 Barbara Behr 9 Anita Cates 15 Sharon Hughes 16 Natalie Olsson 17 Robert Bettiga 18 Pat Beseda 19 Victor Bird 21 Betty Black 24 & 60 William Creacy 26 Sam Dalton 29 Joseph Alley 30 Jerrilyn Moore 32 Kelly Harlan 33 Lodia Sally Villegas 34 Yolanda M. Landin ATTACHMENT "A" ALTERNATE JUDGE Suzanne Cramer Maria Rivera Benson Gilbert Hernandez Audelia Longoria Jerald Sanders Barbara Sellers Alonzo Garcia Sheryl Behr Peggy Bickham Yolanda Emory Eva .Alvarado Phillip Hudson Irene Smith Joe Bomarito Wendy Pizzo Anastacio Guartuche Jr. Helen Dalton Richard Alonzo Robert Day Joel Mumphord Randy Farrar Norine Benison PRECINCT JUDGE 38 Valentina Sosa 39 & 31 Dorothy Parkos 40 41 43 & 83 44 45 & 46 47 48 49 & 111 50 & 59 51 53 56 57 58 62 & 85 63 & 42 & 86 64 65 66 67 68 69 & 87 70 & 89 71 & 95 72 James Chrobocinski Jesse Hix Pete Anzaldua Jimmy Barrientes Belia Alaniz Laurie Roussel Glenn Ellen Dreggors Janie Pena Irma Guerra Eddie Ginn David F. Pena Ken Gandy Olga Bell Kay Lund Fisher Frances Brown Antonia M. Mercado Mody Boatright Gerald Cheetham Eric Herman Linda Barriger Linda Rodela Anne Bauman Joan Veith Adela Soto Stephanie Wenzler ALTERNATE JUDGE Judy Curtis Frank Parkos Louise Gazan Sylvia Villarreal Gus Munoz Martha Garza Mary Chavez Ida Worden Georgie Marsh Rosa Marinez Mary Momn Mable Ginn M. Riviera Juanita L. Arriaga Edith Larson Dorothy Vaught Joe Ray Gonzales Sherri Roussel Frances Boatright Judy Landress Sheresa Mullines Jackie Craig Loretta Gomez Keith Hammons Rosa Solis Belinda Pompa Irene Trejo PRECINCT 73 74 75 76 77 & 61 78 79 & 52 80 ,TUDGE Virginia Torres Margaret Palacios Rose Mary Martinez Rose Marie Martinez Shirley Stonum Yolanda Pantoj a John Luna Rose Duran 81 Carolyn Dorsey 82 Bryan McCool 84 Bea Marshall 90 Margarita Pineda Darryl Smith Carolyn Sue Yaklin Amelia Campos John Vaught Brenda Ramirez Carlos Valdez Atilano Castro Linda Cavazos 100 Yvonne Branstetter 101 Aubrey E. Bryan Cecelia Calloway June A. Gildersleeve Amy Hamilton Barbara Dunk 110 Patricia Franklin 91 92 93 & 114 94 96 97 98 99 103 106 107 &23 109 ALTERNATE JUDGE Lisa Torres Christina Leal Jessica Acevedo Rudy Martinez Julia Rojas Cynde Wilson Robert Rodriguez Tina Castillo Dotson Lewis Max Maughan Mary Lou Cano Rosie Ramos Marsha CIodfelter Bonnie Johnson Jennifer Blanco Emilie Olivares Gayle Wayland Minnie Rodriguez Roseann Marchard Veronica Olsson Brenda Ramirez Beatrice Bryan Yolanda Martinez Mary Ramirez Katie Hill Lewis Douglas Yolanda Martinez PRECINCT ,TUDGE ALTERNATE FUDGE 112 Ted Raub Wilson Wakefield 113 Harvey Stronum Ora B. Neal 115 & 88 Carolyn Buntrock Connie Godd 116 Jackie Hodges Ruth Brionez 117 Pamela Allen Glenda Turner 118 Yolanda Romo Melton Bradford 119 Joyce Stroud Joyce Zarsky 120 W. R. Payne Esther Martinez 121 Maria Silva Maria M. Garcia 122 Nancy Hemphill Jerrod Towle 123 Dee Stokes Delores Dees 124 Vivian Towry Shirley Geiser 125 John Cardona Pat Cardona 126 Karen Frazier Scott Frazier 7 AGENDA MEMORANDUM March 22, 2011 SUBJECT: Rent Car Quick Turn Around Facility - Project #10030 AGENDA ITEM: Motion authorizing the City Manager, or designee, to execute Amendment No, 28 to the professional engineering contract with Pierce, Goodwin, Alexander & Linville (PGAL), Inc., of Houston, Texas in the amount of $163,008.00 for the Corpus Christi International Airport Consolidated Rent Car Quick Turn Around Facility for Project Management and Inspection (Project #10030). ISSUES: Council must authorize the execution of the contracts in excess of $50,000.00. Project management and inspection of major construction projects are essential to ensure compliance with the contract requirements, plans and specifications. Negotiations for the project management and inspection services had not been finalized at the time of construction award. The construction will result in a modern, consolidated rent car quick turn - around facility for the five rent car concessionaires. FUNDING: Funding is available from Airport Capital Improvement Funds, current and future Customer Facility Charge (CFC) Revenue. The project will require additional certification of funds and appropriation of FY2011 -2012 CFC Revenue. RECOMMENDATION: Approval of the motions as presented. Fred Segundo Director of Aviation 361 - 289 -0171 ext. 1213 freds a(�cctexas.com ADDITIONAL SUPPORT MATERIAL Exhibit A. Background Information Exhibit A -1 Previous Actions Exhibit B. Amendment Summary Exhibit C. Budget Exhibit D. Location Map Pete Anaya, P.E. Director of Engineering Services 361 -828 -3781 petean @cctexas.com H:1HOMEIKEV!NSIGENI AIR_ restored120O41mprovements \AE -PGALV EAmd28Memo.doc —83— Page 1 of 1 BACKGROUND INFORMATION SUBJECT: Rent Car Quick Turn Around Facility - Project #10030 PROJECT DESCRIPTION: The project provides for the construction of a consolidated rental car facility for the preparation, cleaning, washing and maintenance of automobiles belonging to five renal firms. The facility will include administrative offices, five vehicle maintenance bays, three car wash stations, two fueling canopies with 12 vehicle fueling stations. The project includes site improvements consisting of 219,017 -sf of concrete pavement, concrete lined storm sewer ditches, swales, fencing, sodding and seeding, utility connections, site lighting, oil -water separator, site grading, security fencing, pavement markings, fire vault, 2- 12,000 gallon fuel tanks, structural foundation supports, and fuel inventory/dispensing system. The project includes an 8 -in water line and a new 8 -in sanitary sewer line that will be connected to the existing utility lines. A 700 -ft long drainage channel with an 8 -ft wide concrete Tined bottom will be excavated and a 55 -ft 6' x 4' box culvert will be installed to cross Glasson Road. ADDITIONAL INFORMATION: There are five individual facilities currently operated by the rent car firms. The consolidated proposed facility is to be designed to allow the operation of up to seven firms based on new concession and rental agreements that are being negotiated. The new facility will consolidate maintenance and rental facilities commonly known as a Quick Turnaround Area (QTA). The new facility will be used to fuel, clean (wash and vacuum), light maintenance (no heavy maintenance), consisting of oil changes, tire changes / repairs, etc. The facility will also be used to store the fleet of rental car vehicles that serve the Corpus Christi International Airport (CCIA). The shared, or common facility components, include: • Fuel and Vacuum Positions — Equipment - Tank, Dispenser, Overhead Reels (Air, Water) — Revenue Control and Leak Detection Monitoring Systems • Car Wash Bays — Equipment, Reclaim System, Pre -Wash Area • Employee Areas — Restrooms, Locker Rooms, Break Rooms The individual, or exclusive facility components, include: • Dirty / Clean Storage Space (Separate, not Secured) • Maintenance Bays -- Equipment — Lifts, Fluids and Parts Storage, Overhead Reels • Administration Space H:IHOMEIKEV I NSIGENIAI R_ restored120041mprovements110pAFtentCarQTAlAwdConstrBkgExhA .doc Exhibit A Page 1 of 3 — Offices, Support Space The Rental Automotive Car (RAC) Industry tenants at the airport has a current fleet of 1,600 -plus vehicles. The operation for the rental car fleet includes the transport of returned vehicles (prior to a customer departing from CCIA) from the airport terminal area to the expanded QTA facility and then back again upon servicing the vehicle, and as the need for a rental car is realized. A facility program questionnaire was distributed to the RAC Industry for both existing and proposed requirements. This information was collected by PGAL and is only documented in aggregate form (as RAC Companies prefer individual information kept confidential). The results of the survey are as follows: Component Current Proposed* Dirty / Clean Cars 150 Increase Storage Cars 200 Increase Total 350 575 Fuel Positions 10 12 (dual stacked) Fuel Storage 27,000 gallons 24,000 gallons Car Wash Bays 5 exclusive 3 shared Maintenance Bays 4 exclusive 5 shared Administration Areas 1,600 sf 4,000 sf Employee Areas na 1,500 Total Building Area 10,000 13,580 *List of Building uses does not reflect all building area uses (i.e. car wash areas, equipment storage, other storage, etc.). The proposed building will be approximately 13,580 SF in area, with two adjacent canopies that will protect the fueling operation from weather. The building will contain administrative office space, maintenance bays / equipment, car wash bays / equipment, employee areas and storage, and will be designed and constructed utilizing "green" principles threaded throughout the development, The project will be the first LEED certified building project undertaken by the City. BID STRUCTURE: The project was bid as a base bid with allowances and one additive alternate to substitute concrete in lieu of asphalt in central areas of the parking lot. The additive alternate is not recommended for award. The bid savings of substituting asphalt for concrete in the central areas of the parking lot is not deemed cost effective. BID INFORMATION: Bids from eight (8) firms were received, and publicly opened on Wednesday, December 16, 2010. The total of the total of bids ranged between $5,525,000.00 and $6,387,467.00. The consultant's opinion of probable cost was $5,527,601.00. See Exhibit B. H:I HOMEIKEVINSIGENIAIR_ restored120041mprovements110030ft ntCarOTAIAwdConstrBkgExhA.doc Exhibit A Page 2 of 3 The two apparent low bid was submitted by Barcom Commercial, Inc. of Corpus Christi, Texas. The information required to review their proposal was reviewed along with information from the next two low bidders (Teal Construction Co., of Corpus Christi, Texas and Satterfield Pontikes Construction, Inc. of San Antonio, Texas). Review indicates that the bid submitted by Barcom was complete, they have the financial capacity to undertake the project, their proposed approach to the project is reasonable, and their personnel are qualified to manage and complete the project. FUNDING: Funds are available from the Certificates of Obligation and Customer Facility Charges (CFC). The project budget is attached. See Exhibit C. TIME OF COMPLETION: The contract provides for the work to be complete within 330 calendar days of notice to proceed. Construction Completion is anticipated during January 2012. BOARD /COMMITTEE REVIEW: The Airport Board has reviewed the item and recommends approval. RECOMMENDATION: Aviation, Engineering and the project consultant have reviewed the bids and recommend award of the Base Bid to Barcom Commercial, Inc. of Corpus Christi. The consultant recommends that the contract be awarded to Barcom based on their review of qualifications. See Exhibit D. Barcom is an established local contractor that has been in business for many years, and successfully completed many commercial and City projects. FUTURE COUNCIL ACTION: Council will be requested to: • authorize any change orders as may be required; and • appropriation of CFC revenue anticipated to be received in FY2011 -2012. Customer Facility Charges were approved by Council to support the project in late in FY 2009 - 2010. A total of $117,698.00 was received between June 5, 2009 and July 31, 2010. CFC Revenue for FY 2010 -2011 is budgeted to be $750,000. The estimated CFC Revenue for FY 2011 -2012 through January 31, 2012 is $375,000.00. H:I H0MEIKEVINSI GENIAIR_ restored12004Improvements11003: ^' ntGarQTA+AwdConstrBkgExhA.doc Exhibit A Page 3 of 3 PRIOR ACTIONS PRIOR COUNCIL ACTIONS: The Council awarded a multi -year contract for architectural/engineering services to Pierce Goodwin Alexander and Linville (PGAL) of Houston, Texas in 2004 in accordance with the required FAA selection procedures. Compliance with FAA regulations in the selection, award, contracting and payment procedures is necessary to receive FAA funding. FAA grants traditionally paid 80% of the capital cost of eligible projects. FAA is currently paying 95% of the eligible project costs. Specific actions previously taken by Council in regard to the contract with PGAL were: June 8, 2004 - Motion authorizing the City Manager, or his designee, to execute an architectural /engineering services contract with Pierce, Goodwin, Alexander and Linville (PGAL), Inc. of Dallas, Texas in an amount not to exceed $1,375,025 for multiple Airport Improvement Projects including Runway 13/31 Rehabilitation, Overlay, Blast Pads, Shoulders and Edge Lighting; Airfield Drainage Improvements Ph. 3; Runway 13 Localizer Relocation; and the CCIA Master Plan Update (Motion No. 2004 -224); August 29, 2006 — a. Ordinance Appropriating $376,950 from the Unreserved Fund Balance in the Airport Operating Fund 4610 for Professional Services Associated with Engineering and Design of the West GA Apron and Drainage Improvements, Phase V at Corpus Christi International Airport; Funds will be Reimbursed upon Award of Federal Aviation Administration Grant 38; Amending FY 2006 -2007 Operating Budget Adopted By Ordinance No, 026908 to Increase Appropriations by $376,950; and Declaring an Emergency. b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 5 to the architectural /engineering services contract with Pierce, Goodwin, Alexander and Linville (PGAL), Inc. of Dallas, Texas in an amount not to exceed $376,950 for the Corpus Christi International Airport West General Aviation Apron Rehabilitation and Drainage Phase V Improvement Projects (Motion No. 2006 -272); December 12, 2006 — a. Ordinance Appropriating $75,000 from the Unreserved Fund Balance in the Airport Operating Fund 4610 for Professional Services for a Benefit / Cost Analysis to Assess the Feasibility of a Possible Extension of Runway 13/31 at Corpus Christi International Airport; Funds will be Reimbursed upon Award of Federal Aviation Administration Grant 38; Amending FY 2006 -2007 Operating Budget Adopted by Ordinance No. 026908 to Increase Appropriations by $75,000; and Declaring an Emergency. b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 7 to the architectural /engineering services contract with Pierce, Goodwin, Alexander and Linville (PGAL), Inc. of Dallas, Texas in an amount not to exceed $75,000 for a Benefit / Cost Analysis to Assess the Feasibility of a Possible Extension of Runway 13/31 (Motion No. 2006 -399). July 10, 2007 — Motion authorizing the City Manager, or his designee, to execute Exhibit A -1 Page 1 of 5 —87— Amendment No. 11 to the engineering services contract with Pierce, Goodwin, Alexander and Linville (PGAL), Inc. of Dallas, Texas in an amount not to exceed $327,000 for the Corpus Christi International Airport Airfield Drainage Phase VI and Taxiway Rehabilitation, Signage and Lighting Improvement Projects (Motion 2007 -176); August 19, 2008 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 15 to the engineering services contract with Pierce, Goodwin, Alexander and Linville (PGAL), Inc. of Dallas, Texas in an amount not to exceed $374,065 for a restated not to exceed total fee of $2,629,069 for the Corpus Christi International Airport Airfield Perimeter Road Improvements, Airport Rescue and Firefighting Facility and Airfield Equipment and Maintenance Facility (Motion 2008 -221); October 21, 2008 — Motion authorizing the City Manager, or his designee, to execute Amendment No. 16 to the engineering services contract with Pierce, Goodwin, Alexander and Linville (PGAL), Inc. of Dallas, Texas in an amount not to exceed $259,744.80 for a restated not to exceed total fee of $2,888,813.80 for the Corpus Christi International Airport Airfield Drainage Phase VI and Taxiway Rehabilitation, Signage and Lighting Improvement Projects for construction management and inspection (Motion No. 2008 -273); January 13, 2009 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 18 to the engineering services contract with Pierce, Goodwin, Alexander and Linville, Inc. of Dallas, Texas (PGAL) in an amount not to exceed $175,987.00, for a restated not to exceed total fee of $3,073,820.80 for the Corpus Christi International Airport for the Airfield Equipment and Maintenance Facility for engineering design, bid and construction phase services (Motion 2009 -004); July 14, 2009 - Motion authorizing the City Manager, or his designee, to execute a construction contract for the Base Bid, including allowance, and Additive Alternatives 1 — 2 with Barcom Commercial, Inc., of Corpus Christi, Texas in an amount not to exceed $2,053,000.00 for the Corpus Christi International Airport for the Airfield Equipment and Maintenance Facility (Motion 2009 -192); September 8, 2009 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 23 to the engineering services contract with Pierce, Goodwin, Alexander and Linville, Inc. of Dallas, Texas (PGAL) in an amount not to exceed $212,150.00, for a restated not to exceed total fee of $3,310,747.60 for the Corpus Christi International Airport Airfield Equipment and Maintenance Facility Project #10028, Air Rescue Fire Fighting Building Improvements Project #10025, Terminal Re- Roofing Project (Old Wing) 2008 Project #10026, Toll Plaza Foundation Repairs, and Terminal Building Addition of Chiller No. 3 Project #10034 (Motion 2009 -246); December 8, 2009 — Motion authorizing the City Manager, or his designee, to execute Amendment No. 24 to the engineering services contract with Pierce, Goodwin, Alexander and Linville, Inc. of Dallas, Texas (PGAL) in an amount not to exceed $100,023.50, for a restated not to exceed total fee of $3,410,771.10 for additional construction management and inspection services, which was requested by FM, for the Corpus Christi International Airport Airfield Equipment and Maintenance Facility Project #10028, Air Rescue Fire Fighting Building Improvements Project #10025, Terminal Re- Roofing Project (Old Wing) 2008 Project #10026, Toll Plaza Foundation Repairs, and Terminal Building Addition of Chiller No. 3 Project #10034 (Motion 2009- 340); and Exhibit A -1 Page2of5 —88— April 27, 2010 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 25 to the professional architectural /engineering services contract with Pierce, Goodwin, Alexander and Linville, Inc. of Dallas, Texas (PGAL) in an amount not to exceed $517,000.00, for a restated not to exceed total fee of $3,927,771.10 for design, bid and construction phase services for a new Corpus Christi International Airport Consolidated Rent Car Quick Turn Around Facility. (Project #10030) (Motion 2010 -097). July 20, 2010 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 26 to the professional architecturallengineering services contract with Pierce, Goodwin, Alexander and Linville, Inc. of Dallas, Texas (PGAL) in an amount not to exceed $97,087.83, for a restated not to exceed total fee of $4,024,859.13 for additional construction management and inspection services for Taxiway Rehabilitation Project No. 10019, Taxiway Signage /Lighting Project No. 10020, Airfield Drainage Phase 6 Project No. 10021, and Airfield Perimeter Road Improvements Project No. 10027. (Motion 2010 -177) December 14, 2010 - Motion authorizing the City Manager, or his designee, to ratify services provided and to execute Amendment No. 27 to the professional architectural /engineering services contract with Pierce, Goodwin, Alexander and Linville, Inc. of Dallas, Texas (PGAL) in an amount not to exceed $59,932.95, for a restated not to exceed total fee of $4,084,792.08 for additional construction management and inspection services for Airfield Equipment, Storage and Maintenance Facility Project No. 10068. (Motion 2010 -302). February 8, 2011 - Motion authorizing the City Manager, or his designee, to execute a construction contract with Barcom Commercial, Inc., of Corpus Christi, Texas in an amount of $5,525,000.00 for the Corpus Christi International Airport Consolidated Rent Car Quick Turn Around Facility for the Total Base Bid Project #10030 (Motion 2011- 040). PRIOR ADMINISTRATIVE ACTIONS: September 13, 2005 -- Administrative award of Amendment No. 1 to PGAL for engineering services in the amount of $6,340.00 to provide drawings, plans and specifications and change order coordination for repair of runway pavement damage repair caused by contractor's pipe jacking and boring operations by placing pipe at two locations by the open cut method. February 16, 2006 - Administrative award of Amendment No. 2 for engineering services to PGAL in the amount of $4,785.00 for design a runway guard light system to be constructed on Taxiway "A" at the approach end of Runway 31 and 35 to be constructed via a change order to be negotiated with the City's Runway 13/31 Rehabilitation contractor. April 18, 2006 - Administrative award of Amendment No. 3 for engineering services to PGAL in the amount of $4,785.00 for design grade adjustments to improve drainage and eliminate slope criteria deficiencies at ends of Runway 13/31 within the RSA. May 19, 2006 - Administrative award of Amendment No. 4 for engineering services to PGAL in the amount of $22,658.00 for design services necessary for open cutting of Taxiways A, B, D and E for storm sewer crossing originally specified to be bored. Work was associated with Change Order No. 7 and funds for the boring were deleted from the contractor's contract price. Exhibit A -1 Page 3 of 5 _8g- September 11, 2006 - Administrative award of Amendment No. 6 for engineering services to PGAL in the amount of $22,000.00 for providing the services of a title company to research and provide descriptions of all easements and other encumbrances that may affect the development of the Master Plan Update or future land use. May 15, 2007 - Administrative award of Amendment No. 9 for engineering services to PGAL in the amount of $8,000.00 for two Master Plan presentations (Planning Commission and City Council). June 14, 2007 - Administrative award of Amendment No. 10 for engineering services to PGAL in the amount of $5,610.00 for design services to effect immediate repairs to the downstream headwall for Drainage Line MD -1 to repair erosion and other damage to secure the area from further damage through a change order to the Runway 17 -35 improvements. - March 27, 2008 -- Administrative award of Amendment No. 12 for engineering services to PGAL in the amount of $9,336.00 for a boundary survey required as part of Airfield Drainage Phase VI suitable for the City to acquire either in whole or a portion of a 15,858 -acre tract of land that will be crossed by the realignment of Main Ditch 1 (MD -1). April 10, 2008 - Administrative award of Amendment No. 13 for engineering services to PGAL in the amount of $1,500.00 to revise bid, contract, and project documents to include additive alternate bid documents for Phase VI Drainage based upon the request of the Federal Aviation Administration and the City. April 28, 2008 - Administrative award of Amendment No. 14 for engineering services to PGAL in the amount of $14,100.00 for Conceptual Planning Services for the proposed redevelopment of the Rental Automotive Car (RAC) Facilities at CCIA. December 5, 2008 - Administrative award of Amendment No. 17 for engineering services to PGAL. in the amount of $9,020.00 for additional design phase services for the CCIA Drainage Phase 6 Improvements. September 9, 2008 - Administrative Award of contract for geotechnical services to Professional Services Industry in the amount of $7,005.00 for the Corpus Christi International Airport Equipment and Maintenance Facility Building. March 9, 2009 - Administrative award of Amendment No. 19 for engineering services to PGAL in the amount of $1,750.00 telecommunications consulting services for the CCIA Airfield Equipment and Maintenance Facility. March 9, 2009 - Administrative Award of contract for Amendment No. 1 for geotechnical services to Professional Services Industries in the amount of $787.00 for a restated not to exceed fee of $7,792.00 for the Corpus Christi International Airport Equipment and Maintenance Facility Building.. March 31, 2009 - Administrative award of Amendment No. 20 for engineering services to PGAL in the amount of $5,676.00 for field utility location and survey services consulting services for the CCIA Airfield Equipment and Maintenance Facility. June 18, 2009 - Administrative award of Amendment No. 21 for engineering services to PGAL in the amount of $17,350.00 to prepare plans, specifications, bid and contract documents for Taxiway B4 Widening as a stand alone construction project. August 20, 2009 - Administrative award of Amendment No. 22 for engineering services to PGAL in the amount of $ -0- for Construction Management and Inspection (CMI) services for the CCIA Perimeter Road Improvements project (CC PN 10027). Exhibit A -1 Page 4 of 5 -90- August 20, 2009 - Administrative Award of contract for engineering materials inspection and testing services to Profession Services Industries in the amount of $43,306.00. Exhibit A -1 Page 5of5 —91— AMENDMENT SUMMARY PGAL will provide Additional Services for Construction Management and Inspection services for eleven (11) calendar months for the scheduled duration of construction for the following project: • Corpus Christi International Airport Consolidated Rent Car Quick Turn Around Facility Project No. 10030. PGAL will provide the following services: 1. Provide the necessary staff to manage and oversee the project's Construction, its Management and the Inspection Program. The Engineer /Architect will make site visits periodically, and as needed, and will be available to consult and provide assistance and direction to the Airport and the Contractor. We will assist in the coordination of the various aspects of the project, including proper Contractor staffing levels. 2. Provide on -site Civil Inspector, trained and familiar with the type of construction documented, to monitor construction activities, materials testing, track project progress and prepare daily reports for submission to the Airport and Engineer /Architect. 3. Provide off -site clerical and technical staff for preparation of Construction Management and Inspection Program documentation. 4. Prepare responses to Contractor's requests for information (RFI) and track those RFI's for proper close -out. 5. Prepare Architect's Supplementary Instructions (ASI's) as needed and Engineer's directives to correct field issues. 6. Participate in pre - construction conferences with the Contractor and his Subcontractors, and attend monthly progress meetings. 7. Inspector will attend bi- weekly construction meetings to assist in the resolution of design and construction matters. 8. Advise Airport representatives on minor changes that do not affect cost and/or quality of the Contractor's work. 9. Consult with Airport on changes in scope or design that affect cost and /or quality of the work and make recommendations for an agreeable solution. 10. Review and comment on Contractor's progress schedule and critical path updates, along with progress applications for payment. 11. Monitor and report on status of traffic control, barricades, SW3P and other on -going safety /operational tasks deemed as necessary, 12. Make pre -final and final inspections with the Airport staff and provide a statement of completion for the project. 13. Review the Contractor's as -built construction drawings and prepare records of project as constructed. C. Summary of Fees H: IHOMEIKEVINSIGENIAIRjestored12004lmprovements \An6Z EAmd28SumExhB.doc Exhibit B Page 1 of 5 Total Original Contract Total Authorized Fee (Runway 13/31, Drainage Ph. 3, Airport Beacon Relocation & Master Plan Update) $1,375,025 H: IHOMEIKEVINSIGENIAIRjestored12004lmprovements \An6Z EAmd28SumExhB.doc Exhibit B Page 1 of 5 Amendment No 1 0 Pavement Repair Design Services 6,340 Amendment No. 2 0 Runway Guard Light System Design Services 4,785 Amendment No, 3 0 Drainage and Slope Grade Deficiency Corrections 6,700 Amendment No. 4 0 Open Cut and Repair Taxiways A, B, D & E Design 22,658 Amendment No. 5 0 West General Aviation Apron Rehabilitation 236,907 Drainage Phase V 140,043 Amendment 5 Fee 376,950 Amendment No. 6 0 Title Research 22,000 Amendment No. 7 0 Benefit Cost Analysis Extending 13/31 75,000 Amendment No. 8 0 BCA Extend 13/31 Additional Presentations 8,000 Amendment No. 9 0 Master Plan — Additional Presentations 8,000 BCA Extend 13/31 Additional Presentations -8,000 Amendment No. 10 0 Drainage Line MD -1 Repairs 5,610 Amendment No. 11 0 Taxiway System Rehabilitation, and 0 Total Taxiway Rehabilitation Fee 94,000 Taxiway System Signage /Lighting Rehabilitation 0 Total TIN Signage/Lighting Fee 50,000 Drainage Improvements Phase VI 0 Total Drainage Ph. VI Fee 183,000 Total Fee Amendment No. 11 327,000 Amendment No. 12 0 Additional Services: 0 Surveying 9,336 Total Fee Amendment No. 12 9,336 Amendment No. 13 0 Bid Phase Services — Revise Drainage Phase VI as Additive Alternate 1,500 Total Fee Amendment No. 13 1 ,500 Amendment No. 14 0 H:I H0MEI KEVINSIGENIAIR_ restored12D041mprovements \AE- ratkEAmd28SumExhB.doo Exhibit B Page 2 of 5 Conceptual Planning — Rental Car Facilities 14,100 Total Fee Amendment No. 14 14,100 Amendment No. 15 Perimeter Road Improvements 0 Basic Services: 0 Preliminary Phase Services 6,000 Design Phase Services 92,900 Bid Phase Services 3,026 Construction Phase Services 26,590 Additional Services 0 Surveying 50,505 Total Perimeter Road Improvements 179,021 Airport Rescue and Firefighting Facility Basic Services: 0 Preliminary Phase Services 2,600 Design Phase Services 0 Pavement Design & Documentation 70,000 Building Design and Documentation 53,900 Bid Phase Services 3,000 Construction Phase Services 25,012 Additional Services: 0 Surveying 15,532 Total Airport Rescue and Firefighting Facility 170,044 Equipment Airfield Equipment and Maintenance Facility Basic Services: Preliminary Phase Services (Scope and Site Location — 15% Design) 25,000 Airfield Equipment and Maintenance Facility 25,000 Total Fee Amendment 15 374,065 Amendment 16 Construction Phase Services 41,457.00 Construction Inspection 218,287.80 Total Fee Amendment No. 16 259,744.80 Amendment No. 17 Design Phase Services 9,020 Total Amendment No. 17 9,020 Amendment No. 18 Equipment Airfield Equipment and Maintenance Facility Basic Services: Design Phase Services 146,446 H:I HOME\ KEV! NSIGENIAIR _restored12004lmprovements AE -Pt9A EAmd28SumExhB.doc Exhibit B Page 3 of 5 Bid Phase Services 3,000 Construction Phase Services 26,541 Total Amendment No. 18 175,987 Amendment No. 19 Telecommunications Design for Airfield Equipment & Maintenance Facility 1,750 Total Amendment No. 19 1,750 Amendment No. 20 Subsurface Utility Excavation — Backhoe & Crew at $197.50 per hour — Not to Exceed 16 Hours. 3,160 Surveying Crew @ $125.00 per hour — Not to Exceed 16 Hours. 2,000 PGAL Administration & Coordination 516 Total Amendment No. 20 5,676 Amendment No. 21 Taxiway B4 Widening Design Phase Services — Preparation of Plans, Specifications, Bid and Contract Documents 6,200 Bid Phase Services 5,350 Construction Phase Services 5,800 Total Amendment No. 21 17,350 Amendment No. 22 Perimeter Road Improvements Additional Services: Construction Management and Inspection 0 Total Amendment No. 22 0 TOTAL AUTHORIZED FEE 3,098,596.80 Amendment No. 23 Airfield Equipment and Maintenance Facility, ARFF Improvements, CCIA Terminal Re- Roofing Project (Old Wing) 2008, Toll Plaza Foundation Repairs, and Chiller Installation Additional Services — Construction Management and Inspection 212,150.80 Total Amendment No. 23 212,150.80 Amendment No. 24 Airfield Equipment and Maintenance Facility, ARFF Improvements, CCIA Terminal Re- Roofing Project (Old Wing) 2008, Toll Plaza Foundation Repairs, and Chiller Installation Additional Services — Construction Management and Inspection 100,023.50 Total Amendment No. 24 100,023.50 Amendment No. 25 Rent Car Quick Turnaround Facility Phase 1 -- Concept Design 118,000 H: U- EOMEVEVINSIGEMAIR _restored120041mprovements\AE PC9A 7EAmd28SumExhB.doc Exhibit B Page 4 of 5 Phase 2 — Final Design 235,000 Phase 3 — Construction Services 105,000 Business and Financial Assistance Services 26,0001 Reimbursable Expenses 33,000 Total Amendment No. 25 517,000 Amendment No. 26 Taxiway Rehabilitation Project No. 10019; Taxiway Signage /Lighting Project No. 10020; Airfield Drainage Phase 6 Project No. 10021; and Airfield Perimeter Road Improvements Project No. 10027. Additional Services — Construction Management and Inspection 97,087.83 Total Amendment No. 26 97,087.83 Amendment No. 27 Airfield Equipment, Storage & Maintenance Facility Project No. 10068. Additional Services — Construction Management and Inspection 59,932.95 Total Amendment No. 27 59,932.95 Amendment No. 28 Corpus Christi International Airport Consolidated Rent Car Quick Turn Around Facility Project No. 10031 Total Amendment No. 28 163,008.00 TOTAL AUTHORIZED FEE 4,247,800.08 H A HOMEIKEVINSIGENVOR_ restored120041mprovements \AE-PakEAmd28SumExhadoc Exhibit B Page 5 of 5 PROJECT BUDGET CORPUS CHRISTI INTERNATIONAL AIRPORT RENTAL CAR QUICK TURN AROUND FACILITY Project No. 10030 March 22, 2011 FUNDS AVAILABLE: Certificates of Obligation CFC Receipts thru December'10 CFC Receipts January - July 2011 CFC Receipts Estimate August - May 2012 FUNDS REQUIRED: Construction (Barcom Commercial) Contingencies (5.7 %) Consultant Fees: Consultant (PGAL, Inc.) Basic Fee $458,000 (8.3 %) Additional Svcs. $59,000 Project Management / Inspection (PGAL, Inc.) Additional Svcs. Materials Testing (Rock Engineering) Reimbursements: Contract Administration (Contract Preparation /Award /Admin) Engineering Services (Project Mgt/Constr Mgt) Finance Administration Misc. (Printing, Advertising, etc.) 5,510,098.80 444,335.50 305,664.00 703,000.00 TOTAL $6,963,098.30 $5,525,000.00 $300, 000.00 $517,000.00 $163,008.00 $44,308.00 $28,000.00 $18,000.00 $48,000.00 $18,600.00 TOTAL $6,661,916.00 ESTIMATED PROJECT BUDGET BALANCE $301,182.30 EXHIBIT "C" Page 1 of 1 File : \ Mproject \councilexhibits\exh10030a.dwg FM. 624 Up Rl�R ROgp �q lallrat.. 1/ a • 9 A NIM i •f7rfili lialiss AGNES 1I */* % LOCATION MAP NOT TO SCALE HWY 44 CORPUS c5CRrsrt AGNES RD. BOCKHOLT RD PROJECT SITE PROJECT #10030 \ CORPUS CHRIST! \ INTERN6TIONAL ��r �ORT MCGLQIN ROAD JOE MIREUR ROAD BEAR LANE EXHIBIT "D" CCIA CONSOLIDATED RENT A CAR QUICK TURN AROUND FACILITY CITY COUNCIL EXHIBIT DEPARTMENT CORPUS CHRISTI, SERVICES PAGE: 1 of 1 DATE 03-22-2011 __ IMPAW EMI S AGENDA MEMORANDUM DATE: March 22, 2011 SUBJECT: J. C. Elliott Pavement Life Cycle Replacement Project No. 5232 AGENDA ITEM: Motion authorizing the City Manager, or designee, to execute a construction contract with Safe Net Services, LLC, of Corpus Christi, Texas in an amount of $652,572.89 for the J. C. Elliott Pavement Life Cycle Replacement Project No. 5232 for Base Bid A, and Additive Alternate Nos. 1 — 4. ISSUE: Existing pavement and haul roads have reached the end of their economic life and must be reconstructed to maintain transfer station, brush grinding and other activities. Council must approve the award of contracts in an amount greater than $50,000.00 FUNDING: Funds are available from the Sanitary Landfill 2008 CIP Fund. RECOMMENDATION: Staff recommends approval of the motion as presented. Pete Anaya, P.E. Director - Engineering Services 826 -3781 peteanacctexas.com 1!/ L-'wrence Mikolajczyk Director of Solid Waste Services 826 -1972 Iawm@cctexas.com Additional Support Material: Exhibit "A" Background Information Exhibit "A -1" Prior Actions Exhibit "B -1" Bid Tabulation Exhibit "B -2" Consultant Award Recommendation Exhibit "C" Budget Exhibit "D" Location Map Ff: 1HOME1 KEVINSIGENILandfillNewILANDFILL15232PavementLifeC cleReplacementlAwdConstrMemo .doc —1 01 — ADDITIONAL INFORMATION SUBJECT: J. C. Elliott Pavement Life Cycle Replacement Project No. 5232 PROJECT DESCRIPTION: The project provides pavement reconstruction within the project limits (see location map — Exhibit D). The project includes the J.C. Elliott Transfer Station entrance, scale area, administrative areas, brush haul road and two brush lay down pads. The scope includes saw cutting pavement, excavation, construction of 11,658 -sy of geogrid reinforced subgrade, 13,341 -sy of 12 -in thick limestone and recycled asphalt milling base material, 7,707 -sy of 2 -in thick HMAC pavement, 5,634 -sy of 3 -in thick HMAC pavement, 6,024 -sy of 4 -in thick reclaimed asphalt and base material, 6,024 -sy of4 -in thick crushed limestone all - weather driving surface, and pavement markings. BACKGROUND: The current pavement and brush haul roads are deteriorated and require reconstruction. Solid Waste Services continues to operate at J. C. Elliott with their transfer station, scale operations, brush grinding, and household hazardous waste disposal site. The site accepts all solid waste collected by the City, citizen drop offs and commercial waste when the hauler has not contracted for disposal at Cefe Valenzuela. Citizens and companies without commercial disposal contracts with the City must use J.C. Elliott. J.C. Elliott is equipped to accept cash and credit payment for materials dropped off at the brush disposal site and transfer station. BID INFORMATION: The project was bid as two base bids and four additive alternates. All work in Base Bid A and Base Bid B were identical, with the exception of Base Bid B utilizing 6 -in of lime stabilized subgrade in lieu of the geogrid specified by Base Bid A. The additive alternates are: Additive Alternate No. 1 — construction of Laydown Pad No. 1; Additive Alternate No. 2 — construction of Laydown Pad No. 2; Additive Alternate No. 3 — temporary detour and parking area; and Additive Alternate No. 4 — two course pavement surface treatment on brush haul road. The contract provides for the project to be completed in 180 calendar days after the notice to proceed. Liquidated damages are set at $500.00 per day. A total of five (5) proposals were received and opened on February 16, 2011, with proposals for Base Bid A ranging from $556,394.84 to $1,553,049.55 See Exhibit B -1 (Bid Tabulation). The Consultant's opinion of probable costs for Base Bid was $412,073.00. SafeNet Services, Inc. of Corpus Christi, Texas submitted the low bid. H:1H0ME1KE VINSIGEN\LandfillNew\ LAN©FI LL15232PavementLifeCycleReplacementMAwdConstrBkgExhA .doc —1 0 2— Exhibit "A" Page 1 of 2 BID RECOMMENDATION: After reviewing the company's capabilities, the City's consultant Naismith Engineering, and City staff recommend that the contract be awarded to SafeNet Services for Base Bid A and Additive Alternates 1 through 4 in the total amount of $652,572.89. The Consultant and City received and evaluated submittals from the two low bidders as required by City Special Provisions A28, A29 and A30. That information requires the bidders to provide the following information: • their ability to complete the project; • whether any liens have been filed against the bidder; • why any unreleased lien has not been paid; • the existence of any unpaid claims; • construction references; • their financial statement; • qualifications of the proposed project superintendent and foremen demonstrating five (5) years of recent projects experience of similar size and complexity; • their list of major components being incorporated into the project; • list of the products being supplied; • the value of each major component; • schedule of anticipated monthly payment requests; • the list of MBE firms that will participate in the project; • the fist of subcontractors; • list of their current projects and their contractual value; and • the preliminary progress schedule showing the relationships between major components of work. CONTRACT TERMS: The contract specifies that the project will be completed in 180 calendar days. Completion is anticipated during October of 2011. FUTURE COUNCIL ACTION: • Award of any necessary change orders. FUNDING: Funding is available from the Sanitary Landfill CIP Fund. H: 11- 10MEIK EVINSIGENILandfi ilINew1 LANDFILL15232PavementLifeCycleReplacementlAwdConstrBkgExhA .doc —103— Exhibit "A" Page 2 of 2 PRIOR ACTIONS The major prior actions relating to J. C. Elliott Landfill Pavement Life Cycle Replacement were: PRIOR COUNCIL ACTIONS: December 15, 2009 — Ordinance adopting the FY2009 -2010 Capital Improvement Budget and Capital Improvement Plan (Ordinance No. 028449). PRIOR ADMINISTRATIVE ACTIONS: February 9, 2010 - Administrative award of contract for engineering services to Naismith Engineering, Inc, of Corpus Christi, Texas in the amount of $31,500.00 for Design, Bid, Construction Phase Services and Additional Services (Topographic Surveying) for the J. C. Elliott Landfill Pavement Life Cycle Replacement Project. In Process - Administrative award of contract for engineering material inspection and testing services to Kleinfelder, Inc. of Corpus Christi, Texas in the amount of $11,875.00 for the J. C. Elliott Landfill Pavement Life Cycle Replacement Project. Exhibit "A -1" Page 1 of 1 DATE: Thursday, February 17, 2011 JC ELLIOTT LANDFILL PAVEMENT LIFE CYCLE REPLACEMENT 2010 (CITY PROJECT NO. 5232) ITEM 1 DESCRIPTION 1 QTY. 1 UNIT BASE BID A - STREET IMPROVEMENTS SafeNet Services 1321 Glenoak Corpus Christi, TX UNIT PRICE! AMOUNT Bay Ltd. 1414 Corn Products Rd Corpus Christi, TX UNIT PRICET AMOUNT Garrett Construction Co. PO Box 1028, Ingleside, TX 1UNIT PRICE I AMOUNT TIME OF COMPLETION: 180 Calendar Days Haas- Anderson 1402 Holly Rd Corpus Christi, TX UNIT PRICES AMOUNT Leoncitos PO Box 270898 Corpus Christi, TX UNIT PRICE' AMOUNT Al REMOVE SALVABLE ASPHALT & BASE MTRLS, STOCKPILE AND/OR REUSE, AND DISPOSE OF NON -SALVABLE ROAD MATERIAL 13543 SY $7.02 595,071.86 54.30 558,234.90 $5.35 $72,455.05 A2 A3 A4 A5 A6 TX5-475 TRIAXIAL GEOGRID 12" CRUSHED LIMESTONE & RECYCLED ASPHALT MILLINGS (0%-30%) PRIME COAT (0.15GAUSY) 11658 SY 54.11 547,914.38 55.00 558,290.00 53.60 $41,968.80 13543 SY $7.72 5104,551.96 515.50 5209,916.50 $14.90 $201,790.70 55.80 $4.30 516.90 $78,549.40 550,129.40 5228,876.70 REUSE 4" OF SALVABLE EXIST ASPHALT & BASE MTRL 4" CRUSHED LIMESTONE ALL-WEATHER SURFACE 2032 GAL 53.01 56,116.32 $4.25 58,636.00 $4.55 $9,245.60 54.70 $9,550.40 6024 SY 53.23 519,457.52 50.50 53,012.00 81.80 $10,843.20 52.90 517,469.60 526.06 53.76 $33.59 $10.42 526.06 $352,930.58 543,834.08 $454,909.37 521,173.44 $156,985.44 6024 SY 56.19 537,288.56 $5.25 531,626.00 $7.15 543,071.60 $5.70 534,336.80 A7 AB 2" TYPE "C" HMAC 3" TYPE "C" HMAC 7909 SY $11.58 591,586.22 59.00 $71,181.00 $11.00 586,999.00 57.30 $57,735.70 526.06 520.85 $156,985.44 5164.902.65 5634 SY $17.55 598,876.70 $15.00 584,510.00 $16.95 $95,496.30 $14.85 563,664.90 A9 4" SOLID YELLOW PAVEMENT MARKING 171 LF 52.16 $369.36 56.00 $1,026.00 $1.65 $282.15 $1.00 5171.00 A10 All HYDROMULCH SEEDING SIGNING & TRAFFIC CONTROL 1.1 AC $1,989.00 52,187.90 $10,000.00 511,000.00 $2,010.80 52,211.88 53,800.00 $4,180.00 523.45 $0.46 52,774.84 $132,117.30 578.66 $3,052.32 1 LS $11,115.00 $11,115.00 $14,000.00 514,000.00 52,365.00 52,365.00 56,000.00 56,000.00 Al2 FLAGGERS FOR TRAFFIC CONTROL 1 LS $4,970.16 $4,970.16 7,000.00 $7,000.00 $11,200.00 55,790.57 $5,790.57 A13 EROSION CONTROL - SILT FENCE OR SILT BARRIER 1230 LF $3.10 $3,813.00 * 54.30 $5,289.00 51.75 52,152.50. $3.50 $4,305.00 51.74 52,140.20 * A14 EROSION CONTROL - BALED HAY 27 EA $32.76 5884.52 537.00 $999.00 $17.75 $479.25 530.00 5810.00 557.91 51,563.57 * A15 REMOVAL AND REPLACEMENT OF EXIST ADA ACCESS RAMP 1 EA $2,187.90 $2,187.90 52,500.00 52,500.00 $1,762.55 $1,762,55 53,000.00 $3,000.00 $500.00 5500.00 * A16 MOBILIZATION/DE-MOBILIZATION/BONDS/INSURANCE 1 LS $15,795.00 $15,795.00 $22,000.00 $22,000.00 541,675.00 $41,675.00 553,000.00 553,000.00 $46,821.00 $46 821.00 A17 SUBTOTAL, BASE BID A -STREET IMPROVEMENTS CTION PAY 6 1 EA $2,368.08 514,208.48 * $100.00 $600.00 51,000.00 $6,000.00 $500.00 53,000.00 SUBTOTAL, 8556,394.84 5589,820.40 5629,998.58 $635,778.90 BASE BID B - STREET IMPROVEMENTS 5579.06 53,474.36 $1,553 049.55 12" CRUSHED LIMESTONE 13543 SY $9.84 $133,263.12 " $15.40 5208,562.20 PRIME COAT (0.15GAUSY) 2032 GAL 53.01 56,116.32 $4.25 $8,636.00 REUSE 4" OF SALVABLE EXIST ASPHALT & BASE MTRL 6024 SY $3.23 519,457.52 $0.50 53,012.00 4" CRUSHED LIMESTONE ALL-WEATHER SURFACE 6024 SY 56.19 537,288.56 $5.25 531,626.00 B7 2" TYPE "C" HMAC 7909 SY $11.58 591,586.22 $9.00 $71,181.00 B8 3" TYPE "C" HMAC 5634 SY 517.55 $98,876.70 $15.00 $84,510.00 B9 4" SOLID YELLOW PAVEMENT MARKING 171 LF $2.16 5369.36 56.00 $1,026.00 B10 HYDROMULCH SEEDING 1.1 AC 51,989.00 52,187.90 510,000.00 511,000.00 Bit SIGNING & TRAFFIC CONTROL 1 LS $11,115.00 511,115.00 514,000.00 514,000.00 B12 FLAGGERS FOR TRAFFIC CONTROL 1 LS 54,970.16 54,970.16 57,000.00 57,000.00 813 EROSION CONTROL - SILT FENCE OR SILT BARRIER 1230 LF $3.10 $3,813.00 54.30 55,289.00 B14 EROSION CONTROL- BALED HAY 27 EA 532.76 $884.52 $37.00 $999.00 514.90 $4.60 51.80 $7.15 511.00 517.00 $1.65 52,015.30 $2,370.00 513,650.00 51.80 615 REMOVAL AND REPLACEMENT OF EXIST ADA ACCESS RAMP 1 EA 52,187.90 52,187.90 $2,500.00 52,500.00 616 MOBILIZATION/DE-MOBILIZATION/BONDS/INSURANCE 1 LS $15,795.00 515,795.00 534,700.00 $34,700.00 617 OZONE ACTION DAY SUBTOTAL, BASE BID B - STREET IMPROVEMENTS 6 EA 52,368.08 514,208.48 5100.00 5600.00 $201,790.70 $9,347.20 510,843.20 $43,071.60 586,999.00 595,778.00 $282.15 $2,216.83 52,370.00 $13,650.00 52,214.00 $17.80 $480.60 51,762.55 $1,762.55 548,200.00 $48,200.00 51,000.00 56,000.00 $658,665.38 $591,984.22 $583,679.10 $17.30 $4.80 $1.60 55.70 $7.30 $15,00 $1.00 53,800.00 57,000.00 51,000.00 $3.50 $30.00 $3,000.00 $59,000.00 5234,293.90 59,753.60 59,638.40 534,336.80 $57,735.70 $84,510.00 $171.00 54,180,00 $7,000.00 $1,000.00 $4,305.00 $810.00 $3,000.00 $59,000.00 $500.00 $3,000.00 $33.59 $454,909.37 $10.42 521,173.44 $26.06 5156,985.44 $26.06 5156,985.44 820.85 5164,902.65 $23.45 $132,117.30 50.46 578.66 $2,774.84 53,052.32 $5,790.57 $5,790.57 55,790.57 $1,74 $57.91 $500.00 $46,821.00 $579.06 55,790.57 52,140.20 $1,563.57 $500.00 $46,821.00 $3,474.36 5674,844.40 51,618 567.51 Exhibit B-1 Page 1 of 2 REMOVE SALVABLE ASPHALT & BASE MTRLS, STOCKPILE AND/OR B1 REUSE, AND DISPOSE OF NON -SALVABLE ROAD MATERIAL 13543 SY $7.02 $95,071.86 $4.30 558,234.90 $5.35 $72,455.05 $5.60 $75.840.80 526.06 5352,930.58 * d2 6" LIME STABILIZED SUBGRADE 11658 SY 54.70 $54,792.60 * $3.50 $40,803.00 $5.25 561,204.50 $7.40 586,269.20 $9.38 5109,352.04 * 12" CRUSHED LIMESTONE 13543 SY $9.84 $133,263.12 " $15.40 5208,562.20 PRIME COAT (0.15GAUSY) 2032 GAL 53.01 56,116.32 $4.25 $8,636.00 REUSE 4" OF SALVABLE EXIST ASPHALT & BASE MTRL 6024 SY $3.23 519,457.52 $0.50 53,012.00 4" CRUSHED LIMESTONE ALL-WEATHER SURFACE 6024 SY 56.19 537,288.56 $5.25 531,626.00 B7 2" TYPE "C" HMAC 7909 SY $11.58 591,586.22 $9.00 $71,181.00 B8 3" TYPE "C" HMAC 5634 SY 517.55 $98,876.70 $15.00 $84,510.00 B9 4" SOLID YELLOW PAVEMENT MARKING 171 LF $2.16 5369.36 56.00 $1,026.00 B10 HYDROMULCH SEEDING 1.1 AC 51,989.00 52,187.90 510,000.00 511,000.00 Bit SIGNING & TRAFFIC CONTROL 1 LS $11,115.00 511,115.00 514,000.00 514,000.00 B12 FLAGGERS FOR TRAFFIC CONTROL 1 LS 54,970.16 54,970.16 57,000.00 57,000.00 813 EROSION CONTROL - SILT FENCE OR SILT BARRIER 1230 LF $3.10 $3,813.00 54.30 55,289.00 B14 EROSION CONTROL- BALED HAY 27 EA 532.76 $884.52 $37.00 $999.00 514.90 $4.60 51.80 $7.15 511.00 517.00 $1.65 52,015.30 $2,370.00 513,650.00 51.80 615 REMOVAL AND REPLACEMENT OF EXIST ADA ACCESS RAMP 1 EA 52,187.90 52,187.90 $2,500.00 52,500.00 616 MOBILIZATION/DE-MOBILIZATION/BONDS/INSURANCE 1 LS $15,795.00 515,795.00 534,700.00 $34,700.00 617 OZONE ACTION DAY SUBTOTAL, BASE BID B - STREET IMPROVEMENTS 6 EA 52,368.08 514,208.48 5100.00 5600.00 $201,790.70 $9,347.20 510,843.20 $43,071.60 586,999.00 595,778.00 $282.15 $2,216.83 52,370.00 $13,650.00 52,214.00 $17.80 $480.60 51,762.55 $1,762.55 548,200.00 $48,200.00 51,000.00 56,000.00 $658,665.38 $591,984.22 $583,679.10 $17.30 $4.80 $1.60 55.70 $7.30 $15,00 $1.00 53,800.00 57,000.00 51,000.00 $3.50 $30.00 $3,000.00 $59,000.00 5234,293.90 59,753.60 59,638.40 534,336.80 $57,735.70 $84,510.00 $171.00 54,180,00 $7,000.00 $1,000.00 $4,305.00 $810.00 $3,000.00 $59,000.00 $500.00 $3,000.00 $33.59 $454,909.37 $10.42 521,173.44 $26.06 5156,985.44 $26.06 5156,985.44 820.85 5164,902.65 $23.45 $132,117.30 50.46 578.66 $2,774.84 53,052.32 $5,790.57 $5,790.57 55,790.57 $1,74 $57.91 $500.00 $46,821.00 $579.06 55,790.57 52,140.20 $1,563.57 $500.00 $46,821.00 $3,474.36 5674,844.40 51,618 567.51 Exhibit B-1 Page 1 of 2 JC ELLIOTT LANDFILL. PAVEMENT LIFE CYCLE REPLACEMENT 2010 (CITY PROJECT NO. 5232) SateNet Services 1321 Glenoak Cor . us Christi TX_ Bay Ltd. 1414 Corn Products Rd Co us Christi, TX Garrett Construction Co. PO Box 1028, In . leside TX 1402 Holly Rd Leoncitos PO Box 270898 Corpus Christi, TX __ ADDITIVE ALTERNATE BID NO.1 - LAYDOWN PAD NO. 1 ITEM DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT AA1.1 TX5-475 TRIAXIAL GEOGRID 2500 SY $4.11 $10,275.00 * $5.15 $12,875.00 $4.10 $10,250.00 $4.20 $10 500.00 $4.05 125.00 ' AA1.2 REUSE 4" OF SALVABLE EXIST ASPHALT & BASE MTRL 2500 SY $3.23 $8,075.00 * $520 $13,000.00 $2.15 $5,375.00 $26.06 _ $10 $65,150.00 AA1.3 4" CRUSHED LIMESTONE ALL-WEATHER SURFACE 2500 SY $6.19 $15,475.00 * $5.65 $14,625.00 $8.05 $20,125.00 $6,30 $15,750.00$26.06 $65,150.00 * SUBTOTAL, ADD ALT NO.1 - LAYDOWN PAD NO. 1 $33,825.00 * $40,500.00 $35,750.00 $35,375.00$140,425.00 * ADDITIVE ALTERNATE BID N0.2 - LAYDOWN PAD NO. 2 ITEM DESCRIPTIONQTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT AA2.1 TX5-475 TRIAXIAL GEOGRID 2500 SY $4.11 $10,275.00 ' $5.15 $12,875.00 $4.10 $10,250.00 $4.20 $3.65 56.30 $10,500.00 $4.05 $9,125.00 $26.06 $15,750.00 $26.06 $10,125.00 565,150.00 565,150.00 * * * AA2.2 REUSE 4" OF SALVABLE EXIST ASPHALT & BASE MTRL 2500 SY $3.23 $8,075.D0 * $5.20 $13,000.00 $2.15 55,375.00 AA2.3 4" CRUSHED LIMESTONE ALL-WEATHER SURFACE 2500 SY 56.19 $15,475.00 * 55.85 $14,625.00 $8.05 $20,125.00 SUBTOTAL, ADD ALT NO.1 - LAYDOWN PAD NO. 2 $33,825.00 * $40,500.00 $35,750.00 $35,375.00 $140,425.00 ADDITIVE ALTERNATE BID NO.3 - TEMP DETOUR & PARKING AREA ITEM DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT AA3.1 8" RECYCLED ASPHALT MILLINGS (FROM ON-SITE STOCKPILE) 1167 SY $3.23 $3,769.41 ' 55.50 56,418.50 $5.25 $6,12635 $5.25 $6,126.75 526.06 $30,412.02 SUBTOTAL, ADD ALT NO.3-TEMP DETOUR & PARKING AREA 53,769.41 • $6,418.50 $6,126.75 $6,126.75 $30,412.02 * ADDITIVE ALTERNATE BID N0.4 - 2 -COURSE SURFACE TREATMENT ITEM DESCRIPTION I QTY.UNIT AMOUNT UNIT PRI 3EI UNIT AMOUNT PRICE' AMOUNT UNITPRICE' ! UNIT PRICE AMOUNT AA4.1 2 -COURSE SURFACE TREATMENT 6024 1 NUNIT $380I $228920 0 E 4 $2409600 $0.00 "* SUBTOTAL, ADD ALT NO.4 - 2 -COURSE SURFACE TREATMENT $24,758.64 $22,891.20 $24,397.20 524,096.00 $156,970.71 ** BASE BID A- STREET IMPROVEMENTS BASE 0 D B - STREET IMPROVEMENTS ADD ALT NO.1 - LAYDOWN PAD NO.1 ADD ALT N0.2 - LAYDOWN PAD NO.2 ADq ALT NO.3 - TEMP DETOUR & PARKING AREA ADI ALT NO.4 - 2 -COURSE SURFACE TREATMENT BID SUMMARY $556,394.64 $591,984.22 $33,825.00 533,825.00 $3,769.41 $24,758.64 $589,820.40 $583,679.10 $40,500.00 $40,500.00 56,418.50 $22,891.20 $629,998.58 $658,665.38 535,750.00 $35,750.00 $6,126:75 $24,397.20 $635,778.90 $1,553,049.55 5674,644.40 $1,618,567.51 $35,375.00 $140,425.00 $35,375.00 $140,425.00 $6,126.75 530,412.02 $24,096.00 $156,970.71 o RECOMMENDED AWARD BB -A & M No. 1 - 4 11 11 $652,572.89 $700,130.10 $732,022.53 $736,751.65 $2021,282.28 1 INDICATED ERRORS DUE TO ADDITION OR MULTIPLICATION CORRECTED ** NO UNIT PRICE INDICATED ON PROPOSAL, BUT SUBTOTAL PROVIDED ON SUMMARY Exhibit B-1 Page 2 of 2 EalNaisrnithEn ineeringinc ENGINEERING PI ENVXRONMENTAL III SURVEYING trrAM.LangO 1949 February 231 41 1 OVer 80 Years Of ngineering En PeteAnaya, PE Cu Pri-CiorpLis Christi OePartment of En9ineeting Services PO 0,0x9,271 Corpus Christi TX 18469-2217 Award Recommendation IC. Elliott Landfill Pavement Lifeeyolefloplacerne t 019, Project No. a2a2 oaar Mr. Anaya: Skit were opened for the above referensed. Pro.ledollvYedhasday, February 16, 2010. A total Of five (5) bide were received for The referenced project, in accordance with the City of Corpus Chvistrs polo', a request was made to the three (3) loWeWbtddets to submit data outlined in secOns A-28., A-29, arid A-30 o1 the Special PvsIos. Attathed ta'.. the information pit'ovided SafeNet •Services, LLC and Say Ltd. NM, has reviewed the information 81,1blititted by the low bidder (SafeNet Services, LLC) and haVe verified the eXperieritte references provided by term It is our opinioh that the low bid it a fair and reasonable -00st for the ,value of Work to be constructed. We -hereby recoMmend award of the contract far gale i ik grid Additive Alternates t, 2, 3,. & 4 to $afeNet, Services, LLC in the aMoUrn. f $0.002.0.9. The contract, requires tria-WOrtori to b oompleterivOithin 180 calendar days after notice to proceed has been lt-sruec ,Atteteke4 for your IPOdrd. ls:, Pe bid lahUlatiOn fcr the PtdiPot. Should you have atlY cluestiOnt Or Tequire,any additioriel information, please -do rant hesitate to call 011 is Very truly youre„ NAISMITH E TI3PE Firm ERING, INC. ion No F.000355 Wilfredo Rivem, Jr.,,, PrOot Ehgineer any6JoVita*ditrittis4 tiiiitbintitelnIa*kittricifin*?&Iird foodrrittiriatiOr* 4501. oii goo-, COe'poi5 $41 to0767.7-01: g61414-9600 Fx 36143144401 — 1 0 7 — Exhibit B-2 Page 1 of 1 nalsrnith-erigingerifigx-orri J. C. ELLIOTT LANDFILL LIFE CYCLE PAVEMENT REPLACEMENT (PROJECT NO. 5232) PROJECT BUDGET March 22, 2011 FUNDS AVAILABLE: ESTIMATED BUDGET Sanitary Landfill 2008 CIP Fund (CIP # PH 12) $ 804,447.89 Total $ 804,447.89 FUNDS REQUIRED: Construction Cost (Safe Net Services, LLC) $ 652,572.89 Construction Contingencies (5 %)_ 65,500,00 AIE Consultants (Naismith Engineering) (Basic Services = $29,000 or 4.4% of Construction) 31,500.00 Material Inspection Testing & Laboratory Services (Kleinfelder) 11,875.00 Engineering Reimbursements 20,000.00 Finance Reimbursements 13,000.00 Incidental Expenses (Printing, Advertising, etc.) 10,000.00 Total $ 804,447.89 EXHIBIT "C" Page 1 of I File: \ Mproject \councilexhibits \exh52,32dwg PROJECT #5232 VICINITY MAP -_ NOT 7O SCALE J.C. ELLIOT PAVEMENT LIFE CYCLE REPLACEMENT trs CITY COUNCIL EXHIBIT CITY OF CORPUS CHRIST!, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 03-22-2011 MN, IMMI 9 AGENDA MEMORANDUM AGENDA ITEM: March 22, 2011 a. Motion approving the Distribution Main Extension Construction and Reimbursement Agreement submitted by Next Chapter Corpus Christi LLC, owner and developer of Joslin Tracts, Block 2, Lot 8A, located east of Ennis Joslin Road (Spur 3) and north of South Padre Island Drive (SH 358), including all related appurtenances; and b. Ordinance appropriating $10,036.06 from the No. 4030 Distribution Mains Trust Fund to reimburse Next Chapter Corpus Christi LLC for the installation of 525 linear feet of 8 -inch water distribution main, including all related appurtenances for development of Joslin Tracts, Block 2, Lot 8A, as specified in the Distribution Main Extension Construction and Reimbursement Agreement; and declaring an emergency. ISSUE: Next Chapter Corpus Christi LLC, owner and developer of Joslin Tracts, Block 2, Lot 8A, will start the construction of extending an 8 -inch waterline, including all related appurtenances once the City Council approves the Distribution Main Construction and Reimbursement Agreement and appropriates funds from the Distribution Main Trust Fund in compliance with the Platting Ordinance, Section V.B.5. RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. Juan Perales, Jr., P.E. Assistant City Manager of Engineering and Development Services Email: JohnnyP @cctexas.com Telephone: (361) 826 -3570 Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Background Information Location Map Final Plat Proposed Improvements Layout Application for Distribution Main Reimbursement Engineer's Cost Estimate Distribution Main Extension Construction and Reimbursement Agreement H:IDEVELOPMENT SERVICESIREIMBURSEMENT AGREEMENTSIJOSLIN TRACTS, BLOCK 2, LOT 8AICOUNCIL AGENDA MEMORANDUM.DOC —113— AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The platting and development of Joslin Tracts, Block 2, Lot 8A, as shown in the final plat for the project (Exhibit B), requires the extension of an 8 -inch waterline to serve the subject property. The subject property is currently served by an existing 8 -inch PVC dead end waterline. The proposed improvements will provide adequate water to the proposed development of an apartment complex. A layout of existing and proposed improvements is included as Exhibit C. The subject property is located east of Ennis Joslin Road (Spur 3) and north of South Padre Island Drive (SH 358). The properties along Ennis Joslin Road are served by the existing 8 -inch dead end waterline. The proposed extension of 525 linear feet of 8 -inch waterline will tie into an existing 12- inch waterline at South Padre Island Drive (SH 258). The proposed extension will complete the waterline loop that will improve service and water quality to the proposed development and the area. The developer has submitted an Application for Water Line Reimbursement (Exhibit D), and a Distribution Main Extension Construction and Reimbursement Agreement (Exhibit F) and supporting documentation in compliance with provisions of the Platting Ordinance, Section V.B.5. The total installation cost submitted by the developer for the 8 -inch waterline is $20,072.13. The City is responsible for a participation not to exceed 50 percent of the total installation cost. The water acreage fees are typically credited in the reimbursement. However the water acreage fees in the amount of $9,781.30 were previously paid. With the City's 50 percent of the total installation cost, the maximum reimbursable amount will be $10,036.06. A detailed breakdown of the Engineer's cost estimate is included as Exhibit E. EXHIBIT A H:VDEVELOPMENT SERVICES\REiMBURSEMENT AGREEMENTSWOSLIN TRACTS, BLOCK 2, LOT BAICOUNCIL AGENDA MEMORANDUM,BACKGROUND.DOC —114— tAirt 4114k., 0.4 Miles Legend r• - - - - -• 1 PLAL NNING. CITYLIMI TS O.' pace,: ,'arn: 41,;8020 :7 §sera: a'R,SH4RE.702:SPreyec6'.:1:1g s.;..',C .. ?1 0 :11. MOCK 2.Wi3'd.5 Arepat9d3J'::'.SS la.dos:L',]'G` QY,:us C`rscJdLR: ,ii, A:CL( Dr A'o, ^.;: EXHIBIT B H:ICEVELOAMENT SERVICES\Reimbursement AgreementsLJosfin Tracts, Block 2, Lot BAIExhiblt B.Locakton Map.tloc -115- Kelm 1.) Total plotted area cpntob,s 7,220 scree at Land. 2•I Set 5/5 inch Iron rade with rad ploelle Cap etampnd "URBAN 0108 C . ref' et dl !oh corona, 0ecepi dere noted S.) The receiving water far the elamt eater runoff from thin property le 61. Oso Boy. The TIO ham doeolI.d the aquatic Iib me fa the Ona Boy oil "eocvplloneP and 'water asters'. The IMO coo categorised the recalling rater a •Canth,t recreation mite 4,) Becringe Maned an the recorded plat of Lola 8-14 Blo06 2, Jodie Tants, map 011 women Is recorded ern Ydurne 67, Pogo 265. Mop Record, M Plumes 5.) By 5r0phIIeplaliting only, Nfe paparky Ie located M Zama Za'16' and 'C' of the flood Insurance Rote Il p, Community Penal Baru 465464 0704 C, City of �LpIn a Speoe clo floriaod H oowh> �he�dn affective dela of ./1.4y I$ IBES and R Siete 0f Tamm Manly of Num. N.6 Mapter Corp... 0.l.0. ILC. herMY Montt.. that IL le Ihe mor of the WOembmeed wllhb, Gro boundmf.. W the mamma plat that It her had mid byr renew and .M 0d•d as Mom Chet elmen .Mom are dedicated to the pang e.• 10-001, that ememente es amen are de4kat.d le the public um tar Ma Mongolian, op.r5llar and 661 r1 uy lets oBRbs: wwt tut Mb map .o. mode f Ba name. a1 d,.nbptlan anda Tho M. _ day al 2D� gyr Ne. dwpf Carpu. C1.1.14 Names; LLC Bp 0od,9 Peds. Mvopor Stale of Term County of No.... Thb Mbum6nl ere adaror60gg0d before m. by Rodney Pooh, m Manager W Neal Chapter Co,po. IrirMll. Momper, LLC, manager of Ned Chapter corpus Chd.D, MC, en behalf of mind aarporaCcn. Mb Me .4_ day of 20 Notary Publk M and for the Mate of Twm i e"e Platof Jodi! Micas Block 2, Lot 8A LOCATION MPP Stole or T County a Num. I, Juan J. Samar, a Reglstwed pm1.W.nd Wed Summar for urban Eahl.arbg, how prepr.d M. foreg0bg map from ay mode The under my amnion d I. bye dad comet m the b..5 M my 6M .oy., In10.0,6500an 1en 0,6 bdlah IM Dore bosh a o.ged udder conked. t. 001 ell Lai and 61od, camera a. Mom Mule 61111 to anhnpleIa 6101. ope6olb,s Oh due and rmi00.0610 dabym, . ,0nmint .Rh .and mdm.Wnd practice. This the _, any el 7O� Juan J. Sebum. R.P1.5. 1.00. Lha.. No. 411110 51,1..1 Tea CWnOy 0r.. file red pIa. of the herein 4.00.16 M ...party was apprm.d by Ike Department of OaM0 ant beambeamtar amending Of Of fab 8 and 9, dock; JooT, Neck 5.,dc a a the City of Corpus+. 0.1.5, Tam .1 me of trnfdn !e spaced Or ILgmme 67, Page za fAW Records of Names C00* fe0Ps The mane of 8fde The 6. — day a1 70— a rgrief 6 Or rawer dye 4 OMOR def did ad mean Lola Math 2 Jodie Dads. Man Pardee. Jr P.E. Development 5.n/cv Emposer Slate of Tem' County of Nomd.. Thi. 11nd ppini o1 Me Imrel, de• l)..1 properly Vee approved on behalf of g6a aty of Colpo. Ch Ce% Teuv MY tlm Dhecta a! Plmmhg. ThIe the _ day of 20_ Sm06 Manner 7J.C.P. Rudy Corsa Chairman 5101..1 Tp1a. CmMy e4 00.0.. I, Olma 7 Herrero, 5616 of M. CAlnty Borst h1 end for mild Counts de hereby unary Mak Me 00M..1leolkn .ma"BMl dated .maewl it my ooffece Me _ day of dN its e, 220 , At Clot fit„ and duly mended t1. _ day of 20_ . et _ Croke* _K. M .rid Barmy te where _ 000. Map Record.. theme 167 head ..d .111 N IN County Cart 0. and fa Mil Canty. at cam A Onpe 16,160, Sena, Me day and year lust ml1Lerl. Fred for Record 1 Ndoak _IL vlana T. emw. county Cipil Mrx.s Gd,ly Thede 621 RBA NGINEERIN COW. 760.0 WE ,tea 411 7811 sous -or OB Nott' .04222313IA0 SHEET: 1 0-r 2 151L 12... 11. Ile. Rep Sewowas e—amine R -217.0e.00' 74249.34' n¢ N81'2244'8 487.91' •0' • Lo! M 2.33 1:11.1.74.511.11 • Lot 0 Ict 09si➢ RlaviY o1�1Ep.iq�Tp 1 2 Wet " .L..L. Recant*IbP 9.. et Motet Gouda, 1® - w, tryaacx.. lel 10 Black 2 tetin bete NaL Pg. 210 IA" 99 20 30 0 20 120 9m4..99' Mose 2 la F a0. 40.02. II Salta ddion nead .,.'P ? • 181011 ,., .. ` Vi : .19• fin, \° f :.0, 1 epi `'I._ «i lig 15'4 .P t '1 #i1 N,,,,,l rnm 47.8 X81.233410 34 3Aa' la 42. 11 Mak ➢ Oka 2 Lot ; we 91 Jean II.e veL Thsho Joon BlR I If \ t Jos in Moots Moak 2, Lot 8.4 heitg a map2( .mad &:, 1%1h 17and6 67, Trait RReemtto Mimes Cruty, 1 The purports 0/ u1/9 9 $ � 2 loroman, ers th021111101!at Aho bedew Lars (NRBRIN I20M18I11 2°I1 E �1Nc ENGINEERING 111. notn5 .198 .4 44222381.00 ^^^'a�3'-e."'&74•1Pr ram 50 N2 Irdet ,r641.81 83 .v. t/ C-62�. , ,41 pu. FIRE .HYDRANT ASSEMBLY AND 8' GATE VALVE 1 1b. altt Joclii7 Tialci.= l�r1i. a) i Pq 35; i'iap kecorcis 0I. I;SLIef,rc`.s County, Texos (Owoet.: (;R licA devill-icI`i Li C) INSTALL 12'x8' REDUCER AND 11E TO EXISTING 12' WATER LINE. rTT ��....._._. 1. __•_•� "- :'.. ....� -� -..f .. .� � ... -.-�. _ _� . S.P.1.D. Frontage Road URBAN ENGINEERING CORPUS CHRISTI. TEXAS Nn. ]h ,.k 2 *warm 61. ni a. Cis 7X 7/gi rlrrnro t361a U4. -ato1 nuo (set) as4 —eowi JOB NO. 42223.B1.00 MFH /crr January 24, 2011 s0 go i`0 0 80 ,r- EXHIBIT "A" OFF —SITE WATER LINE JOSLIN TRACTS BLOCK 2, LOT 8A ©Copyright 2011 Urban Engineering 120 C SCAL 1._80. EXHIBIT D -118— APPLICATION FOR WATERLINE REIMBURSEMENT I, Patrick Quinn, Project Manager, Next Chapter Corpus Christi LLC, 516 N. Ogden Ave. unit 124, Chicago, IL 60642 owner and developer of Joslin Tracts, Block 2, Lot 8A Subdivision, hereby request reimbursement of $10,036.06 for the installation of the water distribution main in conjunction with Joslin Tracts Subdivision, as provided for by City Ordinance No. 17092. Said $10,036.06 is 50% of the construction cost, including Engineering as shown by the cost supporting documents attached herewith. a R is . Quinn Project Manager Next Chapter Corpus Christi LLC 516 N. Ogden Ave. unit 124 Chicago, IL 60642 Date THE STATE OF TEXAS )( COUNTY OF NUECES )( This instrument was acknowledged before me on tbo,r+\ `.1 , 20 , by Patrick Quinn as Project Manager, Next Chapter Corpus Christi LLC, a Texas Corporation, on behalf of the said corporation. CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: and (a) sufficiency of fiords in the (Distribution Main) (Grid and Arterial Main) Trust Fund, (b) appropriation and approval by the City Council. Development Services Engineer (Date) EXHIBIT E -1 1 9— Eng: Murf Hudson, P.E. Reimbursement Cost Estimate Jan. 25, 2011 By C.R.R. for Job No. 42223.B1.00 OFF -SITE WATER LINE IMPROVEMENTS Joslin Tracts, Block 2, Lot 8A EXHBIT "B" ITEM DESCRIPTION QUAN. UNIT UNIT PRICE A. WATER LINE IMPROVEMENTS: 1 8" PVC C -900 2 8" Gate Valve and Box 3 8 "x12" Reducer 4 Flre Hydrant Assembly Complete in Place 5 Tie to Existing 12" Water Line B. MISCELLANEOUS IMPROVEMENTS: 1 General Conditions, Bonds and insurance ENGINEERING AND ADMINISTRATION: 1 Engineering at 8% of construction: 2 Construction Staking at 3% of construction 525 LF 1 EA 1 EA 1 EA 1 EA $22.00 $800.00 $900.00 $2,650.00 $1,000.00 PART A SUB TOTAL: 1 LS $1,183.00 PART B SUB TOTAL: CONSTRUCTION TOTAL: TOTAL ADMINISTRATION COST: TOTAL ESTIMATED Joslln Tracts, Block 2, Lot 8A OFF -SITE WATER LINE COST: Developer portion equal to 501: ACREAGE FEE (previously paid): 7.224 ac. x $1,400A0Iac. = $10,113.60 Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1-361-854-3101 EXHIBIT F -120- TOTAL COST $11,550.00 $800.00 $900.00 $2,650.00 $1,000.00 $16,900.00 $1,183.00 $1,183.00 $18,083.00 $1,446.64 $542.49 81,900.13 $20,072.13 $10,036.06 1 of 1 DISTRIBUTION MAIN EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § This Distribution Main Extension Construction and Reimbursement Agreement ( "Agreement ") is entered into between the City of Corpus Christi ( "City "), a Texas home -rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469 -9277, and Next Chapter Corpus Christi, LLC, 516 N. Ogden Avenue, Unit 124, Chicago, IL, 60642 ( "Developer"). WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat, approved by the Planning Commission on February 16, 2011, to develop a tract of land of approximately 7.224 acres called Joslin Tracts, Block 2, Lot 8A, located east of Ennis Joslin Road (Spur 3) and north of South Padre Island Drive (SH 358), as shown in the attached Exxhibit 1; WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of Distribution Main Extension; WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the Developer's costs for the construction of Distribution Main Extension; WHEREAS, it is to the best interest of the City that Distribution Main Extension, be constructed to its ultimate capacity under the Master Plan; WHEREAS, Section V.B.5.f.)(2) of the Platting Ordinance, authorizes the acceptance of applications to be eligible for reimbursement in the future when funds become fully available in the Distributions Mains Trust Fund and are appropriated by City Council; and WHEREAS, Developer has submitted an application for reimbursement of the costs of installing the Distribution Main Extension (Exhibit 2); NOW, THEREFORE, for and in consideration of the mutual covenants in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION. The Developer shall construct the Distribution Main Extension, in compliance with the City's Platting Ordinance and under the plans and specifications approved by the Development Services Engineer. 2. PLANS AND SPECIFICATIONS. a. The Developer shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the Distribution Main Extension, as shown in Exhibit 3, with the following basic design: 1. Install 525 linear feet of 8 -inch PVC water distribution main line. 2. Install one (1) 8 -inch gate valve with box. EXHIBIT G Page 1 of 7 -121- Distribution Main Extension Construction and Reimbursement Agreement Between Next Chapter Corpus Christi LLC and City of Corpus Christi 3. Install one (1) fire hydrant assembly. b. The Distribution Main Extension must begin at the northeast corner of Lot 8A and Ennis Joslin Road and extend south along the west side of Ennis Joslin Road approximately 525 feet to the existing 12 -inch waterline at the northwest corner of Ennis Joslin Road and South Padre Island Drive (SH 358). c. The plans and specifications must comply with City Water Distribution Standards Detail Sheets and Standard Specifications. d. Before the Developer starts construction the plans and specification must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS. Prior to the start of construction of the Distribution Main Extension, Developer shall acquire and dedicate to the City the required additional utility easements ( "Easements "), if necessary for the completion of the Distribution Main Extension. If any of the property needed for the Easements is owned by a third party and Developer is unable to acquire the Easements through reasonable efforts, then the City will use its powers of eminent domain to acquire the Easements. 4. PLATTING FEES. Developer shall pay to the City of Corpus Christi the required acreage fees and pro -rata fees as required by the Platting Ordinance for the area of the Distribution Main Extension. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer shall award a contract and complete the Distribution Main Extension, under the approved plans and specifications, by August 31, 2011. 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties or obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 8. DEFAULT. The following events shall constitute default: a. Developer fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval by City Council. b. Developer's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 60th calendar day after the date of approval by City Council. c. Developer fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 90th calendar day after the date of approval by City Council. d. Developer's contractor does not reasonably pursue construction of the project under the approved plans and specifications. EXHIBIT G Page 2 of 7 —1 22— Distribution Main Extension Construction and Reimbursement Agreement Between Next Chapter Corpus Christi LLC and City of Corpus Christi e. Developer's contractor fails to complete construction of the project, under the approved plans and specifications, on or before September 30, 2011. f. Either the City or Developer otherwise fails to comply with its duties and obligations under this Agreement. 9. NOTICE AND CURE. a. In the event of a default by either party under this agreement, the non - defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in detail the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ( "Cure Period ") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non - defaulting party may pursue its remedies in this section. d. Should Developer fail to perform any obligation or duty of this agreement, the City shall give notice to Developer, at the address stated above, of the need to perform the obligation or duty, and should Developer fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer by reducing the reimbursement amount due Developer. e. In the event of an uncured default by the Developer, after the appropriate notice and cure period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default. 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project. 3. Perform any obligation or duty of the Developer under this agreement and charge the cost of such performance to Developer. Developer shall pay to City the reasonable and necessary cost of the performance within 30 days from the date Developer receives notice of the cost of performance. In the event that Developer pays the City under the preceding sentence, and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and cure period, the Developer has all its remedies at law or equity for such default. 10. FORCE MAJEURE. a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes; EXHIBIT G Page 3 of 7 -123- Distribution Main Extension Construction and Reimbursement Agreement Between Next Chapter Corpus Christi LLC and City of Corpus Christi storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. lf, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed, but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 11. NOTICES. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party in writing at the following address: 1, If to the Developer: Next Chapter Corpus Christi, LLC 516 N. Ogden Avenue, Unit 124 Chicago, IL 60642 ATTN: Patrick Quinn 2. If to the City: City of Corpus Christi 1201 Leopard Street (78401) P. O. Box 9277 Corpus Christi, Texas 78469 ATTN: Assistant City Manager Development Services b. Notice required by the paragraph may be by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change address for notices by giving notice of the change under the provisions of this section. 12. THIRD -PARTY BENEFICIARY. Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS. Developer shall require its contractor for the construction of the project, before beginning the work, to execute with Developer and the City a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $25,000. The performance and payment bond must comply with Texas Government Code, Chapter 2253. EXHIBIT G Page 4 of 7 -124- Distribution Main Extension Construction and Reimbursement Agreement Between Next Chapter Corpus Christi LLC and City of Corpus Christi 14. WARRANTY. Developer shall fully warranty the workmanship of and function of the Distribution Main Extension and the construction of the Distribution Main Extension for a period of one year from and after the date of acceptance of the facilities by the City Engineer. 15. REIMBURSEMENT. a. Subject to the appropriation of funds, the City will reimburse the Developer the reasonable cost of the Distribution Main Extension, not to exceed $10,036.06. See attached cost estimate (Exhibit 4). b. The City agrees to reimburse the Developer on a monthly basis upon invoicing for work performed. The reimbursement will be made no later than 30 -days from the date of the invoice. Developer shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. c. To be eligible for reimbursement, the work must be completed in a good and workmanlike manner, and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. d. In the event that this Agreement is terminated by the City, as a result of an uncured default by the Developer, at a time when there has been a partial completion and partial payment for the improvements, then the City shall only reimburse Developer for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that there is an uncured default by the Developer. 16. INDEMNIFICATION. DEVELOPER SHALL INDEMNIFY FULLY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, OR AGENTS ( "INDEMNITEES ") FROM, AND AGAINST ALL SUITS, CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, EXPENSES, LIABILITY, DAMAGES AND JUDGMENTS RECOVERED FROM OR ASSERTED AGAINST CITY FOR ANY AND ALL INJURIES SUSTAINED BY ANY PERSON, INCLUDING WITHOUT LIMITATION WORKERS COMPENSATION, PERSONAL INJURY OR DEATH, ARISING FROM OR INCIDENT TO, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION OF THE DISTRIBUTION MAIN EXTENSION. 17. COVENANT RUNNIG WITH THE LAND. This Agreement is a covenant running with the land, Joslin Tracts, Block 2, Lot 8A, a subdivision in Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure to the benefit of the Developer's successors or assigns. 18. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may not be assigned by Developer to another without the written approval and consent of the City's City Manager. 19. DISCLOSURE OF OWNERSHIP INTERESTS. Developer further agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit 5. EXHIBIT G Page 5 of 7 -125- Distribution Main Extension Construction and Reimbursement Agreement Between Next Chapter Corpus Christi LLC and City of Corpus Christi 20. EFFECTIVE DATE. This agreement becomes effective and is binding upon and inures to the benefit of the City and Developer, and their respective heirs, successors, and assigns from and after the date of execution by all parties. 21. AUTHORITY. The person signing this Agreement on behalf of the parties represents, warrants, and guarantees that they have authority to act on behalf of the party and make this Agreement binding and enforceable by their signature. EXECUTED IN TRIPLICATE originals, this day of , 2011. Next Chapter Corpus Christi, LLC (Owner/ Developer) 516 N. Ogden Avenue, Unit 124 Chicago, IL 60642 By: THE STATE OF TEXAS COUNTY OF Patrick Quinn Project Manager This instrument was acknowledged before me on , 2011, by Patrick Quinn, Project Manager, Next Chapter Corpus Christi LLC, Owner /Developer, Joslin Tracts, Block 2, Lot 8A Notary Public, State of Texas EXHIBIT G Page 6 of 7 -126- Distribution Man Extension Construction and Reimbursement Agreement Between Next Chapter Corpus Christi LLC and City of Corpus Christi CITY OF CORPUS CHRISTI ( "City ") 1201 Leopard Street (78401) P.O. Box 9277 Corpus Christi, Texas 78469 ATTEST: THE CITY OF CORPUS CHRISTI By: Armando Chapa Margie Rose City Secretary Interim City Manager THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 2011, by Margie Rose, Interim City Manager, City of Corpus Christi, Texas, a Texas home -rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas APPROVED AS TO FORM: day of , 2011 Deborah W. Brown Assistant City Attorney for the City Attorney EXHIBIT G Page 7 of 7 —127— Not.c 1.) Total plotted circa co"wl0s 7.226 acme of !mid. 2.) Set 8/6 ink Iran rode 1110h red planta cap slapped URBAN EMCR GG 2A' of ell Lot came", except acre naked. 5.) the retching meter Ir the storm weber "Raft foo &le property is the plc Boy. The TCEl has cloeelled the agootln fife use far the Oen Boy an 'sometlanel' and 'oyster *Mare. The MEC alma mtag0dlad the receiving water a 'contact ream:Aloe use. 4.) BeerInge boned on the recorded plot of Lobe 8-13, 01o& 2, Meth bilabe. o map tYf which h..corded In Volume 87. Page 265, Map Rested. of Names Coun, Texas. 5.) By graphic platting only. thio property le leeched In Zen& 'B' mid 'C' of the Floud Ib Rota Yap, Community 001,1 Number 4132464 0304 C, City of C1pa, Chr1eB, Thom which home an effective date of July 10, 1988 and Is not in a Special Flood a1<ard Area. +hof Jomlb2 num Black 2, Lot 8.4 — at amenoltg Abt N Lot 8 and A 6b1F . .lavgl Peek a.Ayr of which & feeardd h Name 84 Pop 2 yy+ N&&conk of Maws Coo* Tear Are pop of Mk lot Is Oe mum IN common 8 a+d $ Moth$ Jail, Awls la Ike between lois State of Terve County al &eon Next Coalter 1gp0. cheek U.C. hereby emilde. that it Is tin. o.nr of ane lees. 1me.4 within the bo.n041e. of 010 yaper. glob: lot It hoe had sold Im& wwy.4 on4 n,bdMl.d o. Mom: that &nada dmim are 4.dl.et.4 b Ib. public nee teem: that oma m a& ce shorn are dedlmle4 le tins pr01e cam fur the Yerbpatek operation and um d. what uR1Mx anti that tds map nom mode far the pmpoee al de.olpnc .114 TIM the _ day of 20 syn Neat amply Cahpun Welt Reneger, LLC 51.1. 04 T County of Nasoer I.Men mop teen v egletered 71F.e0,00&nem mean ea Me �o LUrban Summar Tor ban Engineab0. 1o. prlp. red Nn beet .f 07 fom.Iadg., Inicemalo, oud &Wee. I h beerund derdar �ladinellea mod b �e ontl cermet to Lhv Bloch &men a Mom herein and ta complete ouch Named 0.11der ancontract to met all Lot end .1..lnt •10. same prdee.1o,d erav0ee. evocations with due d rsowedly mgsom LAM um - day ar Jet_ Lan .1. Wane,.R.P.LS. F Unease No. 4900 Slab of T..,, • CeenlY of Nino. This 0140111 of lin h.r& ?IS= properly woe Depro,sd bybe 51*.. d tin. CIIy of Cwpu. (00.0, 7s..a .palment M Oa.elopr,nen! 111M N... day of 20_ Mon Pardee, J: P.E Deaki n red Soiree. Engineer State Tee ci Countyal 6Y bolCof 0. M P0Im 1 ,o. 11ba1d m bYtll of Ile city of Code. COMM Th1 1111 _ del ol 20— Serum Pm AMP. Rudy CormaloLmas Slots or Teem County of Nk.cso 1. Meng T. namem, 0.0(0 of tin. Camp Part 01 mine for sold &math do hereby verify that ua traw01p m.lmmmnt doled tea _ day of 20^ wary Its e.1ICeale of lhenrcalla, me lend far retard 1n my name rt. _ day of 20 _ At ___ O'clock _N4 mal duly marled the 407 .f 20_ at _ Va.40 _AL. in end County h, iblume _..., 0090 tpap !bawds. Mimeo Rodney Pooh. Nmmper T ora, 1h n. del and d mad of to foundWm Ir5 and hr odd County, al office ih Corp& Clint, year 1.t mitten. Stole of Tema County of Nome Thb '721'74170a% .b.enso! ao. adm001047,4 10.00. me bf Rotln.y pod., MIT: IT:Mr, d Neel Cha h 0,070. see O�am1r. LLC, mma0r of Hm.t ample Caplin C 4.11, 11C, m 0.hdf of ThN the 4oy of pinny Public 1, and for the Slob 01 T®. Ns Feed kr Retard ori O'dodh 20 Ely Coso0ll: 10.7,T.Ovonty a.m Mhos soe E1ENGRBA 1 INEERING mous cies," lams 4'th3 dale. 0 2011 .f011 101„4 42223.8401 4r MAN UMaJtR11 \♦�� 1 \e vea'zs' fa -snow T 249.$} f ♦\ L-4&.91 r BA 0 spm Parr 9ht,11my1 N01.22411111 4!7.91 I,a ' taut 2. ..21.1 0 RwN .2etYs 2ir1•q W S. Mock IAmib W W Wier Oadr, 7 r 0..1l.• r. 1 IA 1a. Oki 2 11 Swank or Ped•qm 01224. Tram 00 50 30 0 00 14P - k:60 0201. Ida. OM* 2 Arneeding Put of JET Moak 2, Lot 8A 14 a mei of afiluk of t! 29d oWarne 67 PPP 264 MP Renkh of Abe= Loss Taos I6s purpose of MB artavdkrg 6 flatrt 1e at kr fa .AI>dh ramie An Iso cum= hf Aha baboon Lola III ENGIN EER I NG X11001010000 RBANt M •.1 46L 0011 3011 1104 4222291.00 APPLICATION FOR WATERLINE REIMBURSEMENT I, Patrick Quinn, Project Manager, Next Chapter Corpus Christi LLC, 516 N. Ogden Ave. unit 124, Chicago, IL 60642 owner and developer of Joslin Tracts, Block 2, Lot 8A Subdivision, hereby request reimbursement of $10,036.06 for the installation of the water distribution main in conjunction with Joslin Tracts Subdivision, as provided for by City Ordinance No. 17092. Said $10,036.06 is 50% of the construction cost, including Engineering as shown by the cost supporting documents attached herewith. 2 P7 I Quinn Date Project Manager Next Chapter Corpus Christi LLC 516 N. Ogden Ave. unit 124 Chicago, IL 60642 THE STATE OF TEXAS )( COUNTY OF NUECES )( This instrument was acknowledged before me on OCue r fir[ , 20J, by Patrick Quinn as Project Manager, Next Chapter Corpus Christi LLC, a Texas Corporation, on behalf of the said corporation. 4 XAVIERGALVAN MY COMMISSION EXPIRES Flinuari 2013 CERTIFICATION Nueces County, Texas The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: and (a) sufficiency of funds in the (Distribution Main) (Grid and Arterial Main) Trust Fund, (b) appropriation and approval by the City Council. Development Services Engineer (Date) EXHIBIT 2 --130— Ram Mkt irrA Nit FIRE HYDRANT ASSEM5LY AND Er GATE VALVE Lot 10, F3ioci< Join VoL 67, Pq, 2(5, Map Records c.d CIDnty, Tex:s (Owl-r: ircIdc-:wirick; LI () INSTALL 12Nx13" REDUCER AND 11E TO EXISTING 12 WATER LINE. 4-101LE. Lr. - rr--- r- t; ----- - V • , S.P.I.D. Frontage Road (-- EXHIBIT "A" OFF—SITE WATER LINE JOSLIN TRACTS BLOCK 2, LOT 8A ©Copyright 2011 Urban Engineering 90 BO ENGINEERING CORPUS CHRISM TEXAS .1 emsl Its 1I 2l EL, Owise MK IX NW (3.11) 554-2116t 1.11A oat) am-snal JOB NO. 42223.B1.00 MFH/crr January 24, 2011 0 00 GRAHLC S 120 EXHIBIT 3 —131- Eng: Murf Hudson, P.E. By C.R.R. Reimbursement Cost Estimate for OFF -SITE WATER LINE IMPROVEMENTS Joslin Tracts, BIo k 2, Lot 8A EXHBIT "B". Jan. 25, 2011 Job No. 42223.81.00 ITEM DESCRIPTION QUAN. UNIT UNIT TOTAL PRICE COST A. WATER LINE IMPROVEMENTS: 1 8" PVC C -900 525 LF $22.00 $11,550.00 2 8" Gate Valve and Box 1 EA $800.00 $800.00 3 8 "x12" Reducer 1 EA $900.00 $900.00 4 Fire Hydrant Assembly Complete in Place 1 EA $2,850.00 $2,850.00 5 Tie to Existing 12` Water Line 1 EA $1,000.00 $1,000.00 PART A SUB - TOTAL: $18,900.00 B. MISCELLANEOUS IMPROVEMENTS: 1 General Conditions, Bonds and insurance 1 LS $1,183.00 $1,183.00 PART B SUB TOTAL: $1,183.00 CONSTRUCTION TOTAL: $18,083,00 ENGINEERING AND ADMINISTRATION: 1 Engineering at 8% of construction: $1,448.64 2 Construction Staking at 3% of construction $542.49 TOTAL ADMINISTRATION COST: $1,989.13 TOTAL EST IMATED Joslin Tracts, Block 2, Lot 8A OFF -SITE WATER LINE COST: $20,072.13 Developer portion equal to 50 %: $10,036.06 ACREAGE FEE (previously paid): 7.224 ac. x $1,400.001ac. _ $10,113.60 Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1- 381 - 854 -3101 EXHIBIT 4 -132- 1 of 1 6t1 City of Christi s SUPPLIER NUMBER TO BE ASSIGNED BY CnY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business wi the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Next Chapter Corpus Christi, LLC P. O. BOX: STREET ADDRESS: 516 N. Ogden Avenue, Unit 124 CITY: Chicago, Illinois ZIP: 6 0642 FIRM IS: 1. Corporation ® 2. 1�artnersbip 3, Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." N/A Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name N/A Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in The above named "firm." Name Consultant NIA N/A EXHIBIT 5 Page 1 of 2 -133- FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occ Certifying Person: Patrick Quinn Title: Signature of Certifying Person: DEFINITIONS etE'C MAT L Date: a. `Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. `Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part - time basis, but not as an independent contractor. d. "Firm.." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT 5 Page 2 of 2 -134- AN ORDINANCE APPROPRIATING $10,036.06 FROM THE DISTRIBUTIONS MAIN TRUST FUND, NO. 4030, TO REIMBURSE NEXT CHAPTER CORPUS CHRISTI, LLC FOR THE INSTALLATION OF 525 LINEAR FEET OF 8- INCH WATER DISTRIBUTION MAIN, INCLUDING ALL RELATED APPURTENANCES FOR DEVELOPMENT OF JOSLIN TRACTS, BLOCK 2, LOT 8-A, AS SPECIFIED IN THE DISTRIBUTION MAIN EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT; AND DECLARING AN EMERGENCY. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $10,036.06 is appropriated from the Distributions Main Trust Fund No. 4030 to reimburse Next Chapter Corpus Christi, LLC for the installation of 525 linear feet of 8 -inch water distribution main, including all related appurtenances for development of Joslin Tracts, Block 2, Lot 8 -A, as specified in the Distribution Main Extension Construction and Reimbursement Agreement; SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the of , 2011. ATTEST: Armando Chapa City Secretary APPROVED as to form: Ada.- /0 , 2011. By: e•, uL. A/ eborah W.. n Assistant CI ttorney For City Attorney CITY OF CORPUS CHRISTI 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. 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 10 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. Additional Support Material Exhibit "A" Background Information Exhibit "B" Site Map /Pete Anaya, P.E., Director of Engineering Services PeteAnacctexas.com 826 -3781 -139- 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 SCALE: N.T.S. %7- SPEED LIMIT SPEED LIMIT 35 EXISTING PROPOSED EXHIBIT 'B' Traffic Engineering Div. Engineering Services Dept. 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:ll_EG- DIR \Veronica011.ENG11 AGENDA IT E M 51201110308111030811 ORD Amend 53 -255 speed limit on Whitecap to 35 mph.docx -142 -- 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- DIRIVeronica011.ENG11 AGENDA ITEM S'201110308111030811 ORD Amend 53 -255 speed limit on Whitecap to 35 mph.docx —143— That the foregoing ordi ; ce was read the fir t 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 Joe Adame John E. Marez Chris N. Adler Nelda Martinez Larry Elizondo Mark Scott Kevin Kieschnick Linda Strong Priscilla G. Leal , 2011, by the following vote: PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa City Secretary APPROVED as to form: 'i,, 0,,\ By: Veronica Ocanas Assistant City Attorney for the City Attorney Joe Adame Mayor ft\LEG- DIRIVeronica011.ENG11 AGENDA ITEM 51201110308111030811 ORD Amend 53 -255 speed limit on Whitecap to 35 mph.docx -144- 11 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: NIA RECOMMENDATION: Approval of the motion as presented. 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: 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" Pape 1 of 1 Traffic Engineering Div. Engineering Services Dept. 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 S +i .+c Park -35. milli, 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:1LEG- DIR \VeronicaO11.ENG11 AGENDA ITEM S1201110308111030811 ORD Amend 53 -254 adjusting boundary of speed limit on North & South Sh?rrIje.docx That the foregoing ordin nce was read f r the fir t 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 „AIL_ PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa City Secretary APPROVED as to form: 1,-D4.1.1 By: Nuvet,(97 Veronica Ocanas Assistant City Attorney for the City Attorney Joe Adame Mayor H:\LEG- DIR \VeronicaOl1.ENG11 AGENDA ITEM S1201110308111030811 ORD Amend 53 -254 adjusting boundary of speed limit on North & South Shnfine.docx 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:ILEG- DIR \Veronica011.ENG11 AGENDA ITEM S120111030811\030811 ORD Amend 53- 255 speed limit on Shoreline to 20 mph.docx —152— 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- DIRIVeronicaO11.ENG11 AGENDA ITEM S12011\0308111030811 ORD Amend 53- 255 speed limit on Shoreline to 20 mph.docx —153— That the foregoing ordin ce was read f the first time and passed to its second reading an 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 Joe Adame John E. Marez Chris N. Adler Nelda Martinez Larry Elizondo Mark Scott Kevin Kieschnick Linda Strong Priscilla G. Leal , 2011, by the following vote: PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa City Secretary APPROVED as to form: 1., By: Veronica Ocanas Assistant City Attorney for the City Attorney Joe Adame Mayor H;ILEG- DIR \VeronicaO11.ENG11 AGENDA ITEM S\201110308111030811 ORD Amend 53- 255 speed limit on Shoreline to 20 mph.docx —154— 12 NO ATTACHMENT FOR THIS ITEM 13 NO ATTACHMENT FOR THIS ITEM 14 AGENDA MEMORANDUM March 22, 2011 AGENDA ITEM: PUBLIC HEARING - ZONING (City Council Action Date: March 22, 2011) Case No 0111 -02: Commercial Metals Company: The applicant is requesting a change of zoning from the "1 -2" Light Industrial District to the "1 -3" Heavy Industrial District resulting in a change of future land use from a light industrial use to a heave industrial use. The property to be rezoned is 63.785 acres out of H.B. Sheppard Farm Lots, Lot 4 and a portion of Lot 9 and a portion of the G.C. & S.F. Railway Company Survey No. 315, located along the west side of Bronco Road, approximately 245 feet north of Agnes Street. Planning Commission's and Staff's Recommendation (February 16, 2011): Denial of the "1 -3" Heavy Industrial District, and in lieu thereof, approval of the Special Permit, subject to a site plan and the following six (6) conditions: 1. Uses: All the uses permitted in the "1 -2" Light Industrial District with the addition of a scrap metal processing plant which includes the processing, reduction and transporting of ferrous and non - ferrous scrap metals. Mechanical and physical operations shall include but are not limited to the shredding, shearing, baling, compressing, chopping, cutting, torching, and otherwise processing of scrap metals to render them usable as raw materials in the production of new metals products, and all related incidental uses. The following uses specifically are not permitted: foundries, forging, or blast furnace operations for smelting of metals and alloying. 2. Zoning Board of Adjustment Approval: The above uses must be reviewed and approved by the Zoning Board of Adjustment prior to the issuance of a building permit. 3. Height Limitation: No structure, whether temporary or permanent, shall exceed 55 feet in height above ground level. 4. Detention Facilities: Any detention ponds or other on -site drainage facilities shall be constructed and maintained in a manner that does not create above - ground standing water for more than a maximum of 48 -hour detention period after the design storm and remains completely dry between storms. 5. Federal Aviation Administration Compliance: The permittee shall comply with all applicable Federal Aviation Administration regulations. 6. Time Limit: The Special Permit shall be deemed to have expired within one (1) year of the date of this ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. -165- Agenda Memorandum Case No. 0111 -02 Commercial Metals Company Page 2 REQUIRED COUNCIL ACTION: Consideration of approval of Planning Commission's and Staff's recommendation 1/4/,,, /A/ Juan Peral , Jr., P.E. Assistant ity 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:VPLN- DIR \SI-tARED11. PLANNING COMMISSIONV2011 CCIMAR 2011 \0111 -02 COMMERCIAL METALS COMPANY10111 -02 AGENDA MEMO.DOC -166- CITY COUNCIL ZONING REPORT Case No.: 0111 -02 Tabled from: January 5, 2011 / January 19, 2011 / February 2, 2011 Planning Commission Hearing Date: February 16, 2011 Applicant & Legal Description Applicant: Commercial Metals Company (CMC) Owner: Farrell Smith Representative: B & F Engineering, Inc. Legal Description/Location: 63.785 acres out of H.B. Sheppard Farm Lots, Lot 4 and a portion of Lot 9 and a portion of the G.C. & S.F. Railway Company Survey No. 315, located along the west side of Bronco Road, approximately 245 feet north of Agnes Street. Zoning Request From: "I -2" Light Industrial District To: "I -3" Heavy Industrial District Area: 63.7 acres Purpose of Request: The applicant is requesting a change in zoning from "I -2" Light Industrial District to "I -3" Heavy Industrial District on a 63.7 acre parcel to allow for the construction and development of approximately a 40 acre recycling, metal fabrication, and construction materials sales facility. Zoning Existing Land Use Future Land Use Site "I -2" Light Industrial District Vacant/Agricultural Light Industrial North "I.-2" Light Industrial District Vacant/Agricultural Light industrial East "I -2" Light Industrial District Vacant/Agricultural Light Industrial South "I -2" Light Industrial District Vacant/Agricultural Light Industrial West "I -2" Light Industrial District Light Industrial Light Industrial ADP, Map & Violations Area Development Plan: This tract of land is located in the Port/Airport/Violet Area Development Plan and is planned for light industrial uses. The proposed change in zoning is not consistent with the adopted Future Land Use Plan which designates the area for light industrial uses. However, the modification to the ADP is acceptable for this small parcel which is compatible with the adjacent industrial tracts. Map No. 056043 Zoning Violations: None Staff's Summary: • Request: The applicant is requesting a change of zoning on approximately 63.7 acres from the "I -2" Light Industrial District to the "I -3" Heavy Industrial District for the construction, development, and operation of a 40 acre recycling, metal fabrication, and construction materials sales facility. • Background: The facility will consist of a 7,000 square foot office building, 13,500 square foot warehouse, 6,000 square foot maintenance shop, 6,000 square foot material storage building, and a 4,400 square foot equipment canopy or bailer area. The facility will employ approximately 51 full time employees and operate between the hours of 8:00 am thru 5:00 pm Monday thru Friday. The facility will purchase ferrous (mental containing iron/steel) and non- ferrous metals from industry, -167- City Council Zoning Report' Case No 0111 -02 Commercial Metals Company Page 2 manufacture, commercial and retail firms, and other secondary metal dealers within the Corpus Christi and regional area. The metals will be sorted by type and grade. Process the metals through the use of vehicle shredder. Once baling and briquetting has occurred the materials are sold as reusable raw materials around the world. Truck and rail will be the main methods of transportation. • The purpose of the "I -2" Light Industrial District is to provide for light manufacturing, fabrication, warehousing, and wholesale distributing in high or low buildings with access to an arterial street, freeway, or railroad in central or outlying areas of the city. Residential uses are not allowed. The "I -3" Heavy Industrial District provides for a wide variety industrial operations of alI types except certain potentially hazardous industries. Industries such as blast furnaces, blooming mills, cupolas, scrap metal and metal ore reduction, metal refining, smelting, and alloying are allowed but considered Objectionable Uses. These uses may only be permitted through the Special Permit review and recommendation process by the Planning Commission, approval by City Council and review by the City's Zoning Board of Adjustment. This series of public meetings is necessary to provide avenues of protection while establishing guidelines, controls, and conditions for the safety and welfare of the general public and surrounding property. • Transportation and Circulation: The subject property will have direct access on to Bronco Road which intersects Agnes Street (State Highway 44) just south of the development. Bronco Road is identified as CI collector with 60 -foot right -of -way width consisting of 2 -lanes of travel. State Highway 44 has a right -of -width which varies from 350 to 400 feet with four lanes of travel with a median. Traffic Counts: Street R.O.W. Street UTP Type Existing and Paved Section Volume (2007) Bronco Road C1 Collector (60'12 lanes) 60' R.O.W. w /28' Bk to Bk pavement (2 -lanes) NA State Highway 44 F1 Freeway Expressway (400'14 lanes) 350' R.O.W. divided two -way lanes of travel w /60' Bk to Bk pavement (2- lanes) each way 15,788 East 12,589 West • Relationship to Smart Growth: Although the proposed rezoning is not consistent with future comprehensive land use plan it will however extend and provide vital infrastructure to other properties surrounding the site. The site will also utilize existing modes of transportation without negative impact to the overall vitality of the area. The facility will also provide an important avenue in the ongoing effort to reuse and recycle multiple forms of commercial/industrial materials. • Comprehensive Plan & Southside Area Development Plan Consistency: The PortlAirport/Violet Area Development Plan and the Future Land Use Map identify this area as a vast area of light industrial land use. At this specific location a zoning change from "I -2" to "I -3" is inconsistent with both comprehensive plans and the Urban Transportation Plan. The Comprehensive plan recommends that all areas of development have proper infrastructure and surface drainage. At this site public infrastructure must be extended some distance to connect and loop with existing facilities. A Storm Water Management Plan must also be submitted with the building construction plans to illustrate the effects of any increase in storm water run -off for all existing and proposed impervious surfaces. These plans will be reviewed and must be approved prior to construction. -168- City Council Zoning Report Case No 0111-02 Commercial Metals Company Page 3 Plat Status: • Subject property contains a platted lot, a portion of platted lot and an unplatted tract of land. Staff Analysis: • Although the requested "1-3" Heavy Industrial District is not consistent with the adopted Port/ Airport/Violet Area Development Plan and Future Land Use Plan, both of which identify the area as consisting of light industrial development, the airport property east of and across State Highway 44 is zoned to "I -3" Heavy Industrial allowing for a variety of airport activities and operations. An unrestricted "1 -3" District permits uses that are not consistent with light industrial use. The permitted uses could potentially impact the flight patterns from the City's airport. An "I -2" Light Industrial District with a Special Permit listing several conditions would allow controls to limit the potential for interference from uses often associated with the reduction of scrap metals. Planning Conunission's and Staffs Recommendation: Denial of the "1 -3" Heavy Industrial District, and in lieu thereof, approval of the Special Permit, subject to a site plan and the following six (6) conditions: 1. Uses: All the uses permitted in the "I -2" Light Industrial District with the addition of a scrap metal processing plant which includes the processing, reduction and transporting of ferrous and non - ferrous scrap metals. Mechanical and physical operations shall include but are not limited to the shredding, shearing, baling, compressing, chopping, cutting, torching, and otherwise processing of scrap metals to render them usable as raw materials in the production of new metals products, and all related incidental uses. The following uses specifically are not permitted: foundries, forging, or blast furnace operations for smelting of metals and alloying. 2. Zoning Board of Adjustment Approval: The above uses must be reviewed and approved by the Zoning Board of Adjustment prior to the issuance of a building permit. 3. Height Limitation: No structure, whether temporary or permanent, shall exceed 55 feet in height above ground level. 4. Detention Facilities: Any detention ponds or other on -site drainage facilities shall be constructed and maintained in a manner that does not create above- ground standing water for more than a maximum of 48 -hour detention period after the design storm and remains completely dry between storms. 5. Federal Aviation Administration Compliance: The permittee shall comply with all applicable Federal Aviation Administration regulations. 6. Time Limit: The Special Permit shall be deemed to have expired within one (1) year of the date of this ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. -169- City Council Zoning Report Case No 0111 -02 Commercial Metals Company Page 4 Number of Notices Mailed: 6 within 200 foot notification area; 0 outside notification area Favor — 0 (inside notification area); 0 (outside notification area) Opposition — 0 (inside notification area); 2 (outside notification area) Attachments: 1. Site- Subject Property 2. Site- Existing Zoning, Notice Area, & Ownership 3. Site- Existing Land Use 4. Site - Future Land Use H:IPLN- DIRISHAREDII. Planning Comnission12011 CCIMar 2011\0111 -02 Commercial Metals Company\CC Zoning Report 0111 -02 Commercial Metals Company (I- 2- I- 3).doc -170- M�l!1FN04V1.L_LA B, E RE 10 Y(LE DR 7 I —l?,A1I- iN1(°G- 1r11,1.. A T 2 IB 1A SUBJECT PROPERTY a A S =2 SP /99 03 400 800 eet CASE: 0111 -02 1. SUBJECT PROPERTY Subject Property R V0 12/20{2(10 _ PAS 9y��SRR �'Araofig rnt�9€rrlc I fl SUBJECT PROPER N N 1Y. I 1 LOCATION MAPI ONES CCM rr�r�s City of CorPus Christi —171 — IN 04 VILLA F: CYOLE.-- DR Ce o � yV1A 7Y- y7V'G"1r71, YA SUBJEC PROPERT 400 800 reet- 1 -3 0 CASE: 0111 -02 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP A-1 Apartment House District I-1 Limited Industrial District A-1A Apartment House District 1-2 Light industrial Dlstirct A -2 Apartment House District 1-3 Heavy industrial District AB Professional Ohice District PUD Planned Unit Development AT Apartment - Tourist District R -1A One 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 13-2 Bayfrant Business District R -2 Multiple Dwelling District 6-2A Barrier Island Business District RA one Family Dwelling District B-3 Business District RE Residential Estate District 13-4 General Business District R -TM Tomhouse Dwelling District 6.5 Primary Business District SP Special Permit 6.6 Primary Business Core District T -1A Travel Treifer Park District BD Corpus Christi Beach Design Dist. T -1B Manufactured Home Park District F -R Farm Rural District T -1C Manufactured Home Subdivision HC HIstaricel- Cullural Landmark District Preservation Subject Property drat Owners with 200 buffer in favor 4 Owners within 2001sted on V' Owners attached ownership table A in opposition 1 12/2812V 0—.. R01411ra�lrindaf t f ifrrev es SUBJECT PROPERT N r�1 s LOCATION MAP] ONES CCM City of Cozpus hAsti -172- AG AG ROW 0 LDR MDR HOR PD COM HI COM R VAC HI LI LI LI LI VAC AG Y•QL E DR SUBJECT PROPERTY 's2 AG LI SP/95 03 AG 400 800 Feet r -3 AG ROW CASE: 0111 -02 3. SITE- EXISTING LAND USE Estate Residential m Light Industrial Low Density Res. rThl Heavy Industrial Med Density Res. UM Public Semi - Public High Density Res. FR 1 Park Mobile Home DC Drainage Corridor Vacant CP Conservation/Preservation Professional Office m Water Commercial Map Scale: 1 :2,400 1.&202T-- Prepared By: SRR D- • arrmenr of Development Services SUBJECT PROPER tv N �1L Q'0 s LOCATION MAP GN Cora City of Corpus Christi -173- R oyci.E: pR SUBJECT PROPERTY Li 1 -2 1:2 SP/9 5' 03 yrwr LI 0 400 m LDR MDR EIJ Eri VAC COA? 800 -eet- CASE: 0111 -02 4. SITE- FUTURE LAND USE Agricultural/Rural Estate Residential Low Density Res. Med Density Res. High Density Res. Mobile Home Vacant Professional Office Commercial Transportation Plan Existing Proposed 4■0r Expressways ■...1 -•^^� Arterials - -�* Collectors - .1114111 Parkway 000 -I+I-H- Railroad ÷F+I ELI N1 DC IDPI EHO PSPHI Tourist Research /Buslness Park Light industrial Heavy industrial Public Semi.Publk Park Drainage Corridor Dredge Placement Water Conservation /Preservation Map Scale: 1:2,400 Prepared By: SRR D arrmenr of Development Services SUBJECT PROPERTY' 1' N OiN s LOCATION MAP CC1A City of Christi -174- 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 5 :36 p.m.* Development Services Evon J. Kelly Miguel S. Saldana, 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 espanol 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 1. Continued Zoning Mr. Vardeman presented Continued Zoning item "a" and staff recommend denial of the "I -3" Heavy Industrial District, and in lieu thereof, approval of a Special. Permit for a scrap metal processing plant, subject to a site plan and five (5) conditions. a. Case No. 0111 -02 Commercial Metals Company: A change of zoning from the "I -2" Light Industrial District to the "I -3" Heavy Industrial District resulting in a change of future land use from a light industrial use to a heavy industrial use. The property to be rezoned is 63.785 acres out of H.B. Sheppard Farm Lots, Lot 4 and a portion of Lot 9 and a portion of the G.C. & S.F. Railway Company Survey No. 315, located along the west side of Bronco Road, approximately 245 feet north of Agnes Street. The public hearing was opened. John Bell, representative, distributed an updated recommendation for the Special Permit and provided details on the company. Commissioner Skrobarczyk inquired about the height of the equipment used by the company and Mr. Bell explained the company's permanent equipment was not high - reaching. Mr. Bell stated a change could be made to the conditions of the Special Permit to limit the height of the equipment. —175— Commissioner Taylor inquired about another similar facility in the city and Mr. Bell responded that the owners are the same but the other facility was strictly packaging and shipping whereas the proposed facility will be processing scrap metal. Commissioner Taylor inquired about the screening and Mr. Vardeman stated the ordinance calls for screening along Bronco Road but the facility will be further in the back of the property, providing screening for State Highway 44. Deborah Brown, Assistant City Attorney, mentioned examples of brick walls the company has used at other facilities around the country. Julio Dimas, Development Services, came forward and gave details on the project. Mr. Dimas indicated the facility would be located three hundred (300) feet from State Highway 44, providing a good buffer. Vice - Chairman Huerta inquired about the reasons the facility was pushed back on the subject property and Mr. Dimas stated the decision came from the work done with the Corpus Christi .International Airport. Mr. Dimas added that the Federal Aviation Administration had no conflicts. Vice - Chairman Huerta inquired about the facility being area specific and Mr. Bell stated the Special Permit confined the facility into a specific area on the subject property. Vice - Chairman asked for details on the melting process and Mr. Bell explained the processes. Commissioner Skrobarczyk suggested adding Federal Aviation Administration compliance as a condition of the Special Permit and Mr. Bell responded that an additional condition will be added to the Special Permit. Fred Segundo, Director of Aviation, came forward and stated the airport had generated a runway alternative study and decided moving the facility further back on the property would eliminate concern of the airports future plans to extend the runway. The public hearing was closed. Motion to approve the Special Permit, subject to a site plan and six (6) conditions, one of which is new regarding the Federal Aviation Administration compliance, was made by Vice - Chairman Huerta and seconded by Commissioner Taylor. Motion passed unanimously with Commissioner Nadkarni absent. H:4PLN- DIR4SHAREDII. PLANNING COMMISSION1201 I CCIMAR 201110111-02 COMMERCIAL METALS COMPANY10111 -02 MINUTES EXC.DOC -176- MlIMING.4VILLAGE RE so YCLE DR 1 -M 1114-G —VIrYA GE IB iA SUBJECT PROPERTY 1 -2 A 1-2 SP/95 03 400 800 et-- . ? 1.3 CASE: 0111 -02 EXHIBIT A PLANNING COMMISSION'S & STAFF'S RECOMMENDATION FROM: 1 -2 TO: I -2 /SP ORDINANCE NO. RU 121200, P e1�y SRR SUBJECT PROFERT W N S (LOCATION MA {ENE. U CCPA u City of - Corpus -177- Page 1 of 4 . ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY COMMERCIAL METALS COMPANY, BY CHANGING THE ZONING MAP IN REFERENCE TO 63.785 ACRES OUT OF H.B. SHEPPARD FARM LOTS, LOT 4 AND A PORTION OF LOT 9 AND A PORTION OF THE G.C. & S.F. RAILWAY COMPANY SURVEY NO. 315, LOCATED ALONG THE WEST SIDE OF BRONCO ROAD, APPROXIMATELY 245 FEET NORTH OF AGNES STREET, FROM "1 -2" LIGHT INDUSTRIAL DISTRICT TO THE "I -2 /SP" LIGHT INDUSTRIAL DISTRICT, WITH A SPECIAL PERMIT FOR A SCRAP METAL PROCESSING PLANT, SUBJECT TO A SITE PLAN AND SIX (6) CONDITIONS; 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 Commercial Metals Company, 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 22, 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, convenience and 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 63.785 acres out of the H.B. Sheppard Farm Lots, Lot 4 and a portion of Lot 9 and a portion of the G.C. & S.F. Railway Company Survey No. 315, located along the west side of Bronco Road, approximately 245 feet north of Agnes Street, from an "1 -2" Light Industrial District to an "1 -2" Light Industrial District with a Special Permit for a scrap metal processing plant, subject to a site plan, and the following six (6) conditions. (Zoning Map 056043) (Exhibit A — Site Plan; Exhibit B — Planning Commission and Staff's Recommendation). SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following six (6) conditions: 1. Uses: All uses permitted in the "1 -2" Light Industrial District with the addition of a scrap metal processing plant which includes the processing, reduction and H: ILFG- DIR1SharedlLEGAL- DEV.SVCS12011 AgendalCommercial Metals Company13- 10- 1101:D- zoning - special perrnft.f -2 to 1 -2- SP.F1na1.DWB..doc —178— Page 2 of 4 . transporting of ferrous and non- ferrous scrap metals. Mechanical and physical operations shall include but are not limited to the shredding, shearing, baling, compressing, chopping, cutting, torching, and otherwise processing of scrap metals to render them usable as raw materials in the production of new metals products, and all related incidental uses. The following uses specifically are not permitted: foundries, forging, or blast furnace operations for smelting of metals and alloying. 2. Zoning Board of Adjustment Approval: The above uses must be reviewed and approved by the Zoning Board of Adjustment prior to the issuance of a building permit, 3. Height Limitation: No structure, whether temporary or permanent, shall exceed 55 feet in height above ground level. 4. Detention Facilities: Any detention ponds or other on -site drainage facilities shall be constructed and maintained in a manner that do not create above- ground standing water for more than a maximum of 48 -hour detention period after the design storm and remains completely dry between storms. 5. Federal Aviation Administration Compliance: The permittee shall comply with all applicable Federal Aviation Administration regulations. 6. Time Limit: Such Special Permit shall be deemed to have expired within one (1) year of the date of this ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. SECTION 3. 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 4. 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. SECTION 5. 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 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. 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. H: U. EG- DIRlsharedlLEGAL- DEV.SVCS12011 AgendalCornmercial Metals Company13- 10- 11ORD- zoning - special permit.1-2 to 1 -2- SP.Fina1.DWB..doc _179_ Page 3of4, SECTION 8. 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 9. 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: March 10, 2011 ,z,/{c-Agi ' eborah Walther Bro Assistant City Attorney For City Attorney H:1LEG- DIRIShared \LEGAL- DEV.SVCS12011 AgendalCommerclai Metals Cornpanyl3 -10 -11 ORD- zoning- speciar permit.1-2 to 1 -2- SP.FinaI.DWB..doc -180- Page 4of4. 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. l /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong R: ILEG- DIR1SharedlLEGAL- DEV.SVCS12011 AgendalCommercial Metals Company13 -10 -11 ORD- zoning - special permit.1-2 to 1 -2- SP.FinaI.DWB..doc —181— CASE NO. 0-111-02 LOT 9 \ 0 <fl 63.785 ACRES urn 4 IIIMAI UMW. • ' ...2 . anevati mmw-Pawat rtaULPAIrmeri '''''. 1 1 • I I V!-. :1-RZ, ::: i l'i VIEUVJeftems"' 4 * - q / IT LOT 3 Zi 1 d p. I. SHEPPARD 6 ith ipk,a1-15 -s 'vst,),L -__ . ,■sr,ii, _iit., ..-, . — LOTS h.c.t. 46 l■ , '• 6 \ k f iner A V N rriokkl.‘- kXs 1%. il4 A . i'a , I 3 iq„ pot ,t,,\ ,,,,,,,,:::\c, ...•N ..,.................. ..,1 — 011"0011N?3,- AI 1 1 4/ §,\:■.■ 14:,-N\, / drozik\i„. N,..xv _ 'LI_ - • ..„ . .3. , I.. • . . . as ri — . cr, r i ARNE 0 p. H f ., UPDATED 1 VI 8/1 0, _ -03 - i-- . , : ; .. 4 . i I 1 1. i rogunr- maks AcRis) , . :...i G.C. & G.C. & S.F. RR CO .v..4" G.C. & S.F.. RR Ca SURVEY 315 a. SUR VE- SURVEY 315 P e'-' ,..- ....-. i ...,...4. - ---..--. - ---, _ ..._ - ----- - ---t" 1NAS-MX':CAN RAiL1:7-■061:-.; [ SITE PLAN -182- EXHIBIT A Y LE DR SUBJECT PROPERTY CASE: 0111-02 EXHIBIT B PLANNING COMMISSION'S. & STAFF'S RECOMMENDATION FROM: 1-2 TO: 1-2/SP ORDINANCE NO. SUBJECT PROPER LOCATION MAP -183- 15 AGENDA MEMORANDUM AGENDA ITEM: PUBLIC HEARING — ZONING (City Council Action Date: March 22, 2011) Case No. 0211 -02: March 22, 2011 MBL Derby City Development, LLC: The applicant is requesting a change of zoning from the "B-3" Business District to the "B -1" Neighborhood Business District not resulting in a change of future land use. The property to be rezoned is 7.5 acres out of Brighton Village Unit 2, Block 14, Lot 3, located along the north side of Downing Street, approximately 400 feet west of Airline Road. Planning Commission's and Staff's Recommendation (February 16, 2011): Approval of the applicant's request for a change in zoning from the "B -3" Business District to the "B -1" Neighborhood Business District. REQUIRED COUNCIL ACTION: Consideration of approval of Planning Commission's and Staff's recommendation. airptt AN/ Juan Perales,,Qr., 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:1PLN- DIRIsHARED11. PLANNING COMMISSION12011 COMP 2011\0211 -02 MBL DERBY CITY DEVELOPMENT, LLC10211 -02 AGENDA MEMO.DOC -187- CITY COUNCIL ZONING REPORT Case No.: 0211 -02 Planning Commission Hearing Date: February 16, 2011 Applicant & Legal Description Applicant: MBL Derby City Development, LLC Owner: Deven Bhakta and Suryakant D. Bahakta Representative: Urban Engineering Legal Description/Location: 7.5 acres out of Brighton Village Unit 2, Block 14, Lot 3, located along the north side of Downing Street, approximately 400 feet west of Airline Road. Zoning Request From: `B -3" Business District To: "B -1" Neighborhood Business District Area: 7.5 Acres Purpose of Request: Allow for the construction of a senior independent living community. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "B -3" Business District Vacant Commercial North "B -1" Neighborhood Business District Vacant Commercial South "R -1B" One - family Dwelling District "AB" Professional Office District "B -1" Neighborhood Business District Low and Medium Density Residential & Public /Semi Public Low and Medium Density Residential & Public /Semi Public East "B-4" General Business District Vacant Commercial West "B-4" General Business District Commercial Commercial ADP, Map & Violations Area Development Plan: The subject property is located in the Southside Area Development Plan (ADP) and is planned for a commercial use. The proposed change in zoning to the "B -1" Neighborhood Business District is consistent with the Southside ADP and the adopted Future Land Use Map. Map No.: 042,032 Zoning Violations: None Staff's Summary: • Requested Zoning: The purpose of the "B -1" Multiple Dwelling District is to allow for the construction of a senior independent living community. • Transportation and Circulation: The Subject Property fronts upon Downing Street and Charter Lane which are both designated Local Streets. —188— City Council Zoning Report Case No. 0211 -02 MBL Derby City Development, LLC Page 2 Street R.O.W. I Street Existing ROW and Paved Section Planned ROW and Paved Section Urban Transportation Plan Type Traffic Volume 2007 Downing Street 60' R.O.W., 50' paved No Change Residential N/A Charter Lane 60' R.D.W., 50' paved No Change Residential N/A • Relationship to Smart Growth: The proposed rezoning has positive implications relating to smart growth. The proposed development will cause infill development, encourages walkable neighborhoods, uses existing infrastructure, and a multitude of transportation choices are available. The proposed development is consistent with the Future Land Use Plan and Area Development Plan. The existing vacant site where the project is to be located will also act as a n extension of the `8-1" Neighborhood Business District located north of the subject property. • Comprehensive Plan & Southside Area Development Plan Consistency: The Comprehensive Plan and the Southside Area Development Plan (ADP) slates the subject property for commercial uses. The proposed change in zoning is consistent with the Southside 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 The Comprehensive Plan encourages infill development and the expansion of commercial areas. In this scenario, the proposed project will act as a buffer between commercial development along Saratoga Boulevard and the single - family neighborhoods and a step -down in intensities of zoning districts. The Comprehensive Plan Iends some recommendations that should also be implemented to mitigate the impacts of a more intense use. Some options are screening fences, open space or landscaping can provide an essential buffer between commercial and residential areas. Plat Status: The subject property is a portion of a platted lot. A replat will be required. Department Comments: • The property is located in an area designated for a commercial future land use, therefore is in compliance with the Comprehensive Plan. • The proposed senior independent living community is directly adjacent to single family residences and across Downing Street from one church and two cul -de -sacs of single - family residences. • A conceptual site plan illustrates the style of the building as a two -story horseshoe shape surrounded by the required off - street parking to act as a further buffer between the building and adjacent single - family residences. • According to the applicant the facility will cater to persons 55 years of age and older who do not require custodial or medical assistance. The vision is that of a gated apartment community that will provide amenities such as common landscaped areas to promote active lifestyles. —189— City Council Zoning Report Case No. 0211 -02 MBL Derby City Development, LLC Page 3 • The facility itself is approximately 107,278 square feet with 100 units and approximately 8 employees. The onsite clubhouse and leasing office located within the right wing of the building will only be open 8 am to 5 pm. The project is slated to be completed in a single phase. Planning Commission's and Staff's Recommendation: Staff recommends approval of the change of zoning from the `B -3" Business District to the "B -1" Neighborhood Business District. Number of Notices Mailed Total — 32 within 200' notification area; 2 outside notification area Favor Opposition — 0 (inside notification area); 0 (outside notification area) — 0 (inside notification area); 0 (outside notification area) Attachments: 1. Site — Subject Property 2. Site — Existing Zoning, Notice Area, & Ownership 3. Site — Existing Land Use 4. Site — Future Land Use H:1PLN- DIRISHAREDI1. Planning Commission12011 CC1Mar 201110211 -02 MBL Derby City Development, LLCICC Zoning Report 0211 -02, MBL Derby City Development, LLC (B -3 to B- 1).doc -190- G 1114117 2 SUBJECT PROPERTY 26 of prepared B S Department of Development Servic CASE: 0211-02 1. SUBJECT PROPERTY Subject Property s [LOCATION plAPI -191- Eunrr..rr SUBJECT PROPERTY ,4E 47-12-T Of 0', - Prepared By: 9- Department crDevelopment SerVic CASE: 0211 -02 2. SITE — EXISTING ZONING, NOTICE AREA & OWNERSHIP A-1 Apartment House District A-1A Apartment House District A -2 Apartment House District AB Professional Office District AT Apartment- Towist District B-1 Neighborhood Business District B-1A Neighborhood Business District B-2 Bayfranl Business District B-2A Berner Island Business District B-3 Business District t}4 General Business District B-5 Primary Business District B-6 Primary Business Core District BD Corpus Christi Beach Design Dist. F -R Farm Rural District HC Historical- Cultural Landmark Preservation Subject Property with 200' bolter 1-1 1 -2 1-3 PUD R -1 A R -1 B R -1 C R -2 RA RE R -TH SP T -1A T -1B 7 iC Limited industrial District Light industrial District Heavy Industrial District Planned Unit Development One Family Dwelling District One Family Dwelling District One Family Dwelling District Multiple Dwelling District One Family Dwelling District Residential Estate District Townhouse Dwelling District Special Permit Travel Trailer Park District Manufactured Home Park District Manufactured Home Subrivislon District Owners in Favor 4 Owners within 200' listed an V Owners attached ownership table A in opposition SUBJECT PROPERTY -192- s r.rvr�i A C City of CU SUBJECT PROPERTY ■- A LDR LDR:. A B �ilJ�7 LDR LDR LdR, ,r LDR LDR LDR r - T rl� M ,11 1 - LDR LDR r iW MDR LDR LDR r� ' Y LDR LDR R LDR 11 r : AG II r- LDR L R LDR DR LDR DR LDR LDR LDR DR DR LDR DR LDR LDR LDR p' LDR LDR LDR LDR LDR LD - DR D" LDR LDR LD LDR LDR LDR 4 LDR �DR D -. ,D _ D' _� LDR . - -- - - -- � DR LD Lrls'� .,.,...� r ' CASE: 0211-02 3. SITE- EXISTING LAND USE Estate Residential Low Density Res. Med Density Res. High Density Res. Mobile Home Vacant Professional Office Commercial Prepared 8y: S' Department ofDevelopmentServlc Light industrial Heavy industrial Public Semi - Public Park Drainage Corridor Conservation/Preservation Water Map Scale: 1:2,400 -193- ov /zo; Prepared ay; S Department of Development Senile AR m m PO CASE: 0211 -02 4. SITE- FUTURE LAND USE Agricultural/Rural Estate Residential Low Density Res. Med Density Res. High Density Res, Mobile Home Vacant Professional Office Commercial Transportation Plan Existing Proposed Expressways ■... Arterials - - - -� Collectors -- - -• ON Parkway COO fi++F Railroad rra m m Lai DC DP j 0 CP1 Tourist Research/Business Park Light Industrial Heavy Industrial Public Semi- Public Park Drainage Corridor Dredge Placement Water Conservation /Preservation Map Scale: 1:2,400 SUBJECT F'. PROPERTY c [LOCATION MAP] -194- City of A Christi 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 5:36 pin* Development Services Evon J. Kelly Miguel S. Saldafia, AICP, Senior City Planner John C. Tamez Lisa Wargo, Senior City PIanner 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 I. CALL TO ORDER The meeting was called to order by Chairman Garza at 5:34 p.m. and a quorum was declared. B. ZONING 1. New Zoning Mr. Dimas presented Case No. 0211 -02 MBL Derby City Development, LLC. and staff recommended approval. b. Case No. 0211 -02 MBL Derby City Development, LLC.: A change of zoning from the `B -3" Business District to the `B -1" Neighborhood Business District not resulting in a change of future land use. The property to be rezoned is 7.5 acres of Brighton Village Unit 2, Block 14, Lot 3, located along the north side of Downing Street, approximately 400 feet west of Airline Road. Commissioner Skrobarczyk inquired about the ingress and egress from the subject property and Mr. Dimas responded ingress and egress were on Downing Street only. The public hearing was opened. Chuck Urban, representative for the applicant, came forward and stated the applicant met with the Brighton Village Neighborhood Association and an understanding of the senior living community had been reached. Juan Ramirez, 606 Downing, came forward and stated his only issue being the maintenance of the pond and easement. The public hearing was closed. —195— Motion to approve the change of zoning from the `B -3" Business District to the `B -1" Neighborhood Business District was made by Commissioner Tamez and seconded by Commissioner Taylor. Motion passed unanimously with Commissioner Nadkarni absent. H:IPLN- DIR\SHAREDII. PLANNING COMMISSION-12011 CCIMAR 2011\0211 -02 MBL DERBY CITY DEVELOPMENT, LLC10211 -02 MINUTES EXC.DOC -196- �E Try TREE 2 SUBJECT PROPERTY �, 2D B' A B Ofissi2o Prepared Sy. S Deportment of Development 5ervlc: CASE: 0211-02 EXHIBIT A PLANNING COMMISSION'S & STAFF'S RECOMMENDATION FROM: B -3 TO: B -1 ORDINANCE NO. 'LOCATION MAP' -197-- Page 1 of 3 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MBL DERBY CITY DEVELOPMENT, LLC, BY CHANGING THE ZONING MAP IN REFERENCE TO 7.5 ACRES OUT OF BRIGHTON VILLAGE UNIT 2, BLOCK 14, LOT 3, LOCATED ALONG THE NORTH SIDE OF DOWNING STREET, APPROXIMATELY 400 FEET WEST OF AIRLINE ROAD, FROM THE "B -3" BUSINESS DISTRICT TO THE "B -1" NEIGHBORHOOD BUSINESS DISTRICT, NOT RESULTING IN A CHANGE OF FUTURE LAND 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 Corpus Christi Community Improvement Corporation, 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 22, 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, 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 7.5 acres out of Brighton Village Unit 2, Block 14, Lot 3, located along the north side of Downing Street, approximately 400 feet west of Airline Road, from the "B -3" Business District to the "B -1" Neighborhood Business District, not resulting in a change of future land use. (Zoning Map 042,032) (Exhibit A - "Planning Commission and Staffs 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, H:1LEG -DIR \Shared \LEGAL- DEV,SVCS12011 Agenda\MBL Derby City Development, LLCl3- 10 -11. Final Ordinance.DWB.doc —198— Page2of3 except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the 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: This /Q day of -Z%3 , 2011 ca4, eborah Walther B Assistant City Attorney For City Attorney H:ILEG- DIRIShared \LEGAL- DEV.SVCS12011 Agenda\ MBL Derby City Development, LLC13- 10 -11. Final ordinance.DWB.doc —199 -- Page 3 of 3 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, 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 RUG- DIRMStiared \LEGAL- DEV.5VCS12011 Agenda\MBL Derby City Development, LLC13- 10 -11. Final Ordinance.DWB.doc -200- NtT 2 SUBJECT PROPERTY CASE: 0211 -02 EXHIBIT A PLANNING COMMISSION'S & STAFF'S RECOMMENDATION FROM: B -3 TO: B -1 ORDINANCE NO. ILOCA770N MAP 16 AGENDA MEMORANDUM AGENDA ITEM: PUBLIC HEARING — ZONING (City Council Action Date: March 22, 2011) Case No. 0211 -03: March 22, 2011 McTurbine, Inc.: The applicant is requesting a change of zoning from the "1 -2" Light Industrial District to the "1 -3" Heavy Industrial District resulting in a change of future land use from a light industrial use to a heavy industrial use. The property to be rezoned is 0.005 acres out of Industrial Technology Park Unit 2, Block 5, Lot 1, located west of Junior Beck Drive and south of Bear Lane. Planning Commission's and Staff's Recommendation (February 16, 2011): Approval of the applicant's request for a change in zoning from the "1 -2" Light Industrial District to the "1 -3" Heavy Industrial District. REQUIRED COUNCIL ACTION: Consideration of approval of Planning Commission's and Staff's recommendation. !A 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:1PLN- DIR\SHAREDI1. PLANNING COMMISSION12011 CCI,MAR 201110211-08 MCTURBINE, INC10211.03 AGENDA MEMO.DOC -205- CITY COUNCIL ZONING REPORT Case No.: 0211 -03 Planning Commission Hearing Date: February 16, 2011 Applicant & Legal Description Applicant: McTurbine, Inc. Owner: Kalz, LLP. Representative: Kendall Erosion Control Legal Description/Location: Being 0.005 acres out of Industrial Technology Park Unit 2, BIock 5, Lot I, located west of Junior Beck Drive and south of Bear Lane. Zoning Request From: "I -2" Light Industrial District To: "I -3" Heavy Industrial District Area: 0.005 Acres (220 sq ft.) Purpose of Request: Allow for the installation of an above ground fuel storage tank. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "I -2" Light Industrial District Light Industrial Light Industrial North "I -2" Light Industrial District Light Industrial Light Industrial South "I -2" Light Industrial District Vacant Light Industrial East "I -2" Light Industrial District Light Industrial Light Industrial West , "FR" Farm Rural District Vacant Light Industrial ADP, Map & Violations Area Development Plan: The subject property is located in the Port/Airport/Violet Area Development Plan (ADP) and is planned for a light industrial use. The proposed change in zoning to the "I -3" Heavy Industrial District is inconsistent with the Port/Airport/Violet ADP and the adopted Future Land Use Map. Map No.: 051,040 Zoning Violations: None Staffs Summary: • Requested Zoning: The purpose of the "I -3" Heavy Industrial District is to allow for the installation of an above ground fuel storage tank. • Transportation and Circulation: The Subject Property fronts upon Junior Beck Drive which is designated a "Cl" Minor Collector. Currently, Junior Beck Road intersects Bear Lane, an "Al" Minor Arterial at South Padre Island Drive. -206- City Council Zoning Report Case No. 0211 -03, McTurbine, Inc. Page 2 Street R.O.W. Street Existing ROW and Paved Section Planned ROW and Paved Section Urban Transportation Plan Type Traffic Volume 2007 Junior Beck Drive 60' R.O.W., 40' paved No Change "Cl Minor Collector N/A Bear Lane 95' R.O.W., 64' paved No Change "Al" Minor Arterial N/A • Relationship to Smart Growth: The proposed rezoning has few positive implications relating to smart growth. The proposed development will use existing infrastructure, however is designed to provide a service to an existing industrial development. The proposed development is inconsistent with the Future Land Use Plan and Area Development Plan. • Comprehensive Plan & Port/Airport/Violet Area Development Plan Consistency: The Comprehensive Plan and the Port/Airport/Violet Area Development Plan (ADP) slates the subject property for light industrial uses. The proposed change in zoning of heavy industrial is not consistent with the Port/Airport/Violet 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. The Comprehensive Plan encourages infill development and the expansion of industrial areas in appropriate areas of the city. In this scenario, the proposed project is far from residential development and is an area that is completely industrial in nature. The above ground fuel storage tank for an existing industrial use is appropriate. Plat Status: The subject property is a portion of a platted lot. Department Comments: • The property is located in an area designated for a light industrial future land use, therefore is not in compliance with the Comprehensive Plan. • The existing industrial business builds helicopter engines. The business operates 8:00 am to 5:00 pm. The proposed above ground fuel storage tank is to serve the existing industrial business in the testing of helicopter engines. The applicant is asking to only rezone the tract where the tank is to be placed consisting of a total of 220 square feet. • The applicant has filed with Corpus Christi Fire Department for review of the plans to determine compliance with all fire regulations. • While the property is designated as a light industrial future land use, the installation of the tank would act as an accessory use to the helicopter construction facility. The use is appropriate for this existing industrial business. -207- City Council Zoning Report No. 0211 -03, McTurbine, Inc. Page 3 Planning Commission's and Staff's Recommendation: Approval of the change of zoning from the "I -2" Light Industrial District to the "I -3" Heavy Industrial District. to cu 'ti 'w a o g Number of Notices Mailed Total — 2 within 200' notification area; 2 outside notification area Favor Opposition — 0 (inside notification area); 0 (outside notification area) — 0 (inside notification area); 0 (outside notification area) Attachments: 1. Site — Subject Property 2. Site — Existing Zoning, Notice Area, & Ownership 3. Site — Existing Land Use 4. Site — Future Land Use H:1PLN- DIRISHAREDI1. Planning Commission12011 CC\Mar 2011\0211 -03 McTurbine, Inc \CC Zoning Report 0211 -03, McTurbine, Inc. (I -2 to I- 3).doc -208- SUBJECT PROPERTY\ 0 F R K E 4.Y MARQARET timir4TRIAL TECH-NCI-400Y 0 z rt. 6-A tiltUrRIA4. TEC/400k OGY 2. PARK UNIT 1 1 PARK UN-(r 2 408 Vtafilittegf AND COHN CASE: 0211-03 1. SUBJECT PROPERTY Subject Property 800 Feet 07J07J20ff Prepared By SR Department of Development Services -209- SUBJECT PROPERTY 1012414TRIA.L. rEcimor, 6-A F-R. ikEtAy IKARGARET 40 0 11110411 1 1 At rec-10104. I 2 Y PARK UNIT 1 1 1 PARK UNIT- 2 2 0 BLJEN'HEjM . AND , OWN 800 A-1 A-1A A-2 AB AT B-1 B-2 B-2A B-3 8-4 13.5 B-8 BD F-R HC CASE: 0211-03 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP Apartment Reuse District Apartment House District Apartment House District Professional Office District Apartment-Tourist District Neighborhood Business District Neighborhood Business District Beyfront Business District Barrier island Business District Business District General Business District Primary Business District Primary Business Core District Corpus Christi Beach Design Dist. Farm Rural District Historical-Cultural Landmark Preservation El 1-1 Limited Industrial District 1.2 tight industrial District 1-3 Heavy Industrial DistriCt PUD Pinned Un It Development R-IA One Family Dwelling District R-1B one Family Dweliing District R-1C One Family Dwelling District R-2 Mulliple Dwelling District RA One Family Dwelling District RE ResIdential Estate District R.TH Townhouse Dwelling District SP Spacial Permit T-1A Travel Traitor Park District T-113 Manufactured Home Park District T-1C Manufactured Home Subdivision District Subject Property dellik Owners with 200' huffor Ilia in favor 4 Owners within 200' listed on X Owner :—s attached ownership table in opposition 'Feet S3NES CCM r 02/02/2011 Prepared By SRR Department of Development Services EWES BEA SUBJECT /*El PROPERTY LOCATION MAP ,06) mar City of Co us sti —210— AG SUBJECT PROPERTY F -R AG VAC VAC LI LI LI I -2 JUNtDR affaK DR VAC VAC VAC LI 0 40' m LDR ♦ roz UZI ELS CASE: 0211-03 3. SITE- EXISTING LAND USE Estate Residential 1211 Light industrial Low Density Res. I Hi 1 Heavy industrial Med Density Res. I Public SembPublic High Density Res. MI Park Mobile Home DC Drainage Corridor Vacant I CP I Conservation/Presentation Professional Office MA Water Commercial Map Scale: 1:2,400 AG 0V07/2Rii 800 Prepared By: SRR Feet Department afDevefopmentServlces S SUBJECT PROPERTY ti a NEAn --AGNES LOCATION MAP -211- SUBJECT PROPERTY\ LI LI 1- LI oamv20ff 0 40C 800 Prepared By: $RR — Feet Deper6nent orDeve1opment SeN Ices IntDR `ram Fla m CASE: 021 1 -03 4. SITE - Agricultural/Rural Estate Residential Low Density Res. Med Density Res. High Density Res. Mobile Home Vacant Professional Office Commercial FUTURE LAND USE Transportation Plan Existing Proposed - Expressways •r••i - Arterials M - -- --� Collectors - - - -• OM Parkway 000 —H-H -F Railroad I- TOR m II Hl IgEgl IDP I Effl Tourist Research /Business Park Light industrial Heavy industrial Public Semi•Pub& Park Drainage Corridor Dredge Placement Water Conservation/Preservation Map Scale: 1 :2,400 ■IGNES' CCM SUBJECT PROPERTY [LOCATION MAP -212- 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 5 :36p.m. * Development Services Evon J. Kelly Miguel S. Saldana, 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 espanol a ingles en la junta para ayudarle I. CALL TO ORDER The meeting was called to order by Chairman Garza at 5:34 p.m. and a quorum was declared. B. ZONING 1. New Zoning Mr. Dimas presented Case No. 0211 -03 McTurbine, Inc. and staff recommended approval. c. Case No. 0211 -03 McTurbine, Inc.: A change of zoning from the "I -2" Light Industrial District to the "I -3" Heavy Industrial District resulting in a change of future land use from a light industrial use to a heavy industrial use. The property to be rezoned being 0.005 acres out of Industrial Technology Park Unit 2, Block 5, Lot 1, located west of Junior Beck Drive and south of Bear Lane. The public hearing was opened with no one coming forward in favor or in opposition. The public hearing was closed. Motion to approve the change of zoning from the "I -2" Light Industrial District to the "I- 3" Heavy Industrial District was made by Vice- Chairman Huerta and seconded by Commissioner Taylor. Motion passed unanimously with Commissioner Nadkarni absent. —213— Page 1 of 3 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY McTURBINE, INC., BY CHANGING THE ZONING MAP IN REFERENCE TO 0.005 ACRES OUT OF INDUSTRIAL TECHNOLOGY PARK UNIT 2, BLOCK 5, LOT 1, LOCATED WEST OF JUNIOR BECK DRIVE AND SOUTH OF BEAR LANE, FROM THE "1 -2" LIGHT INDUSTRIAL DISTRICT TO THE "1 -3" HEAVY INDUSTRIAL DISTRICT RESULTING IN A CHANGE OF FUTURE LAND USE FROM A LIGHT INDUSTRIAL USE TO A HEAVY INDUSTRIAL 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 Corpus Christi Community Improvement Corporation, 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 22, 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, convenience and 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 0.005 acres out of Industrial Technology Park Unit 2, Block 5, Lot 1, located west of Junior Beck Drive and south of Bear Lane, from the "I- 2" Light Industrial District to the "1 -3" Heavy Industrial District resulting in a change of future land use from a light industrial use to a heavy industrial use. (Zoning Map 051,040) (Exhibit A -"Planning Commission and Staffs 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, H :1 LEG- DIRISharedIEGAL- CEV.SVCS12011 Agenda \McTurbine13 -10 -11 Final Ordinance. DWB.doc -214- Page 2 of 3 except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the 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: This /07 day of ,%r /- , 2011 eborah Walther Bro Assistant City Attorney For City Attorney FI:I LEG- DIR \Shared\LEGAL- DEV.SVCS12011 AgendalMcTurbine13 -10 -11 Final ordinance.DWB.doc —215— Page 3 of 3 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, 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 ii: 1LEG- DlR \SharedlLEGAL- DEV.SVCS12011 AgendalMcTurbinel3 -10 -11 Final Ordinance.DWB.doc -216- SUBJECT PROPERTY \, INO W4TItt AL TECHNQLOG1 6,41 •R KEL.Y M1RGARET 0 lNDU$TRIAL 1 ut t )0Y PARK aim' ' 1 PARK UN 2 40C ottem. Age COIN CA. E: 021 1 -03 EXHIBIT A PLANNING COMMISSION'S & STAFF'S RECOMMENDATION FROM: 1 -2 TO: 1 -3 ORDINANCE NO. Beet 02102120f f Prepared'Byr SRR Dappling& df devefaprperd.Sarideee SUBJECT PROPERTY LocATJoiw MAP -217- 17 ATTACHMENT UNDER SEPARATE COVER 18 AGENDA MEMORANDUM DATE: March 22, 2011 SUBJECT: Proposed Amendment to the Tax Increment Reinvestment Zone #2 Project and Financing Plans AGENDA ITEM: Ordinance approving an amendment to the revised project and financing plans for the Reinvestment Zone Number Two, City of Corpus Christi, dated September 20, 2009, that was adopted by the Board of Directors of Reinvestment Zone Number Two, City of Corpus Christi, upon recommendation of the Board of Directors of the North Padre Island Development Corporation; providing for severance; providing for publication; and declaring an emergency. ISSUE: Recently excessive sand has accumulated in front of the North Padre Island Seawall, interfering with public access to and use of the Gulf Beach in the area. The Island Strategic Action Committee has recommended that the clearing of the beach area be addressed through the Tax Increment Reinvestment Zone #2, City of Corpus Christi, Project and Financing Plan. At the March 22, 2011 City Council Meeting, the North Padre Island Development Corporation will meet to consider a resolution recommending the adoption of an amendment to the revised project and financing plans for the Reinvestment Zone Number 2, City of Corpus Christi dated September 29, 2009. The Reinvestment Zone Number 2 Board of Directors will meet during the March 22, 2011 City Council meeting to consider a resolution adopting an amendment to the revised project and financing plans for the Reinvestment Zone Number 2, City of Corpus Christi dated September 29, 2009, as recommended by the Board of Directors of the North Padre Island Development Corporation. City Council approval of the revised project and financing plans for the Reinvestment Zone Number 2, City of Corpus Christi dated September 29, 2009 as adopted by the Reinvestment Zone Number 2, City of Corpus Christi Board of Directors is necessary to allow allocation of funds from the Reinvestment Zone Number 2 and formally adopt the amended plan. Allocation of funds is necessary to provide for the clearing of the beach in front of the seawall as included in the amended plan. H:IHOMEILYNDA51GEN1Packery Channel4NPID Ordinance - March 22 111AGENDA MEMO.doc —225— FUNDING: Funding is available from the Reinvestment Zone No. 2 from unappropriated Fund Balance. RECOMMENDATION: Staff recommends approval of the Ordinance as presented. Juan Perales; P.E. ACM of Engineering and Development Services 361/826 -3828 johnnyp @cctexas.com Additional Support Material: Exhibit "A" Ordinance Exhibit "B" Tax Increment Reinvestment Zone #2 Project and Financing Plans Revised 09/29/2009 and Amended 03/22/2011 H:11-10MESLYNDASIGEN1Paekery ChanneIINPID Ordinance - March 22111AGENDA MEMO.doc —226— Page 1 of 3 ORDINANCE APPROVING AN AMENDMENT TO THE REVISED PROJECT AND FINANCING PLANS FOR THE REINVESTMENT ZONE NUMBER TWO, CITY OF CORPUS CHRISTI, DATED SEPTEMBER 29, 2009, THAT WAS ADOPTED BY THE BOARD OF DIRECTORS OF REINVESTMENT ZONE NUMBER TWO, CITY OF CORPUS CHRISTI, UPON RECOMMENDATION OF THE BOARD OF DIRECTORS OF THE NORTH PADRE ISLAND DEVELOPMENT CORPORATION; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The amendment to the revised Project and Financing Plans for the Reinvestment Zone Number Two, City of Corpus Christi, dated September 29, 2009, that was adopted by the Board of Directors of Reinvestment Zone Number Two, City of Corpus Christi, upon the recommendation of the Board of Directors of the North Padre Island Development Corporation, are approved. The amendment to the revised Project and Financing Plans for the Reinvestment Zone Number Two, City of Corpus Christi, dated September 29, 2009, are attached to and incorporated into this ordinance as Exhibit 1. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of March, 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor ORDINANCE - TIRZ #2 PROJECT PLAN AMENDMENT 03102011 -227- APPROVED: March , 2011 R. Jay Reining First Assistant City Attorney For City Attorney Page 2 of 3 ORDINANCE -- TIRZ #2 PROJECT PLAN AMENDMENT 03102011 —228— Page 3 of 3 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 The above ordinance was passed by the following vote: Joe Aflame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong ORDINANCE -- TIRZ #2 PROJECT PLAN AMENDMENT 03102011 -229- TAX INCREMENT REINVESTMENT ZONE #2 CITY OF CORPUS CHRISTI PROJECT AND FINANCING PLANS (Revised 09/29/2009 and Amended 0312212011) REINVESTMENT ZONE PROJECT PLAN This Project Plan identifies the improvements and planned expenditures that may be funded by tax increments generated within Tax Increment Reinvestment Zone #2, City of Corpus Christi ( "TIRZ #2). No tax increments for new expenditures authorized by this Project Plan may be expended if the tax increments are required to fund any obligations incurred by the North Padre Island Development Corporation prior to the date of the adoption and approval of this Project Plan. On March 21, 2000, the Corpus Christi City Council authorized the preparation of a preliminary financing plan for a tax increment financing district covering portions of North Padre Island and Mustang Island. This tax increment financing would be used primarily to provide the local share of the North Padre Island Storm Damage Reduction and Environmental Restoration Project ( "Packery Channel project "). Then on June 27, 2000, the City Council approved the preliminary Project and Financing Plans, and notified other taxing jurisdictions of its intention to create a tax increment reinvestment zone. A notice of a public hearing on the creation of the zone was published on August 22, 2000, and the public hearing was held on August 29, 2000. On August 29, 2000 the City Council passed the first reading of the ordinance that established T1RZ #2. Ordinance 024270, which established TIRZ #2 was formally adopted after being passed on the second reading on November 14, 2000. Subsequently on October 8, 2002, the City Council approved Resolution 025040, which established the North Padre Island Development Corporation ( "NPIDC "). The NPIDC was created to aid, assist, and act on behalf of the City and TIRZ #2 in performing governmental functions to promote the common good and general welfare of the City, including the area within the TIRZ #2 zone. Then on February 25, 2003, the NPIDC, TIRZ #2, and City Council authorized an agreement by and among the City of Corpus Christi, Texas; Reinvestment Zone Number Two, City of Corpus Christi; and the North Padre Island Development Corporation, dated February 1, 2003. This agreement commonly referred to as the "Tri -Party Agreement" spells out the responsibilities of each of the parties in the administration and financing of TIRZ #2. The three entities also recommended, authorized, and approved the Project and Financing Plans for TIRZ #2 on February 25, 2003. The initial Project Plan and Financing Plan basically addressed the funding of the City's share of the North Padre Island Storm Damage Reduction and Environmental Restoration Project. The Packery Channel project had been discussed and studied over a number of years. The project involved the placement of sand in front of the concrete Padre Island Seawall to restore the beach and protect the seawall. The sand was to be taken from the dredging and channelization of a reopened Packery Channel. The Packery Channel project also consisted of long jetties, walks, mitigation, public Revised TIRZ #2 Project Plan Amendment 03172011 -230- Page 1 of 9 facilities, and reserve for Tong -term maintenance. The estimated cost of the Packery Channel project was approximately $30 million. The Packery Channel project was included in Section 556 of the Water Resources Development Act of 1999. The Act also required the U. S. Army Corps of Engineers (USACOE) to undertake two studies: (1) to determine if the project is environmentally acceptable and (2) to determine if the project is technically sound. A relatively small amount of money was made available by the Federal government for the studies. The local share of the project, which was estimated at approximately $10.5 million, could come from tax increment financing. This type of financing was authorized by a State Constitutional Amendment. The basic theory of tax increment financing is that "the construction of certain public improvements will generate higher tax revenues due to additional private development." The concept of tax increment financing is "but for the construction of the public improvements, the higher tax receipts would not occur." In this particular case, the City believed that completion of the project would result in significantly increased taxes through both new private investment and increases in the existing tax values. The preliminary financing plan that was adopted by the City Council, when it authorized the creation of TIRZ #2, called for funding $10.5 million as the City's share of the Packery Channel project, plus $750,000 for construction of the parking lot on the Padre Island concrete seawall. The estimates in the preliminary financing plan were refined, and the current Project and Financing Plans, dated February 1, 2003, estimated that $12,000,000 in debt would be needed to complete the initial project costs. The plans identified $3,000,000 in surplus tax increments or bonds for secondary development improvements, which included the construction of seawall parking lot and $2,000,000 for a "parks & recreation center." A copy of the projected project costs from the 2003 plans is attached to and incorporated into this plan as Exhibit A. Under §311.011(b)(1), Texas Tax Code, the Project Plan must have a map showing existing uses and conditions of real property in the zone, and a map showing proposed improvements to and proposed uses of that property. A map of TIRZ #2 is attached as Exhibit B, and is incorporated into this plan. A map of the current land uses within TIRZ #2 and the surrounding area is attached as Exhibit C, and is incorporated into this plan. A map of the current zoning within TIRZ #2 and the surrounding area is attached as Exhibit D, and is incorporated into this plan. A map of the future land uses within TIRZ #2 and the surrounding area based on the City Comprehensive Plan's Future Land Use Plan, adopted May 24, 2004 (Ordinance 026278), is attached as Exhibit E, and is incorporated into this plan. The Island Action Group Capital Improvement Priorities Report, dated 10/14/2005, which identifies needed capital improvements on Mustang and Padre Islands, including the areas within TIRZ #2, has been reviewed to identify improvements that could be funded through the tax increments developed within TIRZ #2. Revised TIRZ #2 Project Plan Amendment 03172011 -231- Page 2 of 9 Exhibit F is a map showing specific projects that are included in this Project Plan. That exhibit is incorporated into this plan. All of the specific projects are situated on public land and involve recreational use and activities. Under §311.011(b)(2), Texas Tax Code, the Project Plan must address proposed changes of zoning ordinances, the master plan of the municipality, building codes, other municipal ordinances, and subdivision rules and regulations, if any, of the county, if applicable. While the City is in the process of adopting a unified development code that will replace the current zoning and platting ordinances, there are no substantive changes being recommended that would affect TIRZ #2. At the time of adoption of this Project Plan, there are no pending cases to rezone properties within TIRZ #2. The City is considering rezoning portions of the property that it leases from the Texas General Land Office ( "GLO "). As a condition of the GLO lease, the City is required to prepare a development plan for any commercial development on the leased property. While a draft Packery Channel development plan has been prepared and presented to the City Council, Planning Commission, GLO, Nueces County Parks Board, Nueces County Dune Committee, and City Beach Advisory Committee, for incorporation into the Mustang Padre Island Area Development Plan, the City Council has not officially adopted the plan, and the City is discussing features of the proposed plan with the GLO. The City will propose rezoning to match the needs identified in the Packery Channel development plan. The City is working with GLO on the voter approved proposed changes to Chapter 10, Code of Ordinances, which contains the City's GLO approved beach and dune rules. This proposed change addresses driving on the beach seaward of the concrete Padre Island seawall, and the installation of bollards on the beach seaward of the concrete seawall and between the seawall and southern Packery Channel jetty. There are no other proposed changes to the City's beach or dune permitting rules. However, the Nueces County Beach Management Committee has recommended approval of the changes to their beach management regulations. The Nueces County Commissioners' Court has not approved the changes, and they have not been sent to the GLO for public comment in Texas Register. Under §311.011(b)(3), Texas Tax Code, the Project Plan must contain a list of estimated nonproject costs. The City has been trying to obtain additional Federal funding to cover some of the costs of the recreational enhancements within the North Padre Island Storm Damage Reduction and Environmental Restoration Project and repairs to storm damage from Hurricane Ike. The City will also seek grants and other funding opportunities from the State of Texas and others to offset some of the costs identified in this Project Plan. The level of that funding, if any, that can come from Federal, State, or other funding sources is not known. To the extent Federal, State, or other funding is received, the amount of tax increments that need to be dedicated to completing these improvements will be reduced. Revised TIRZ #2 Project Plan Amendment 03172011 —232— Page 3 of 9 Under §311.011(b)(4), Texas Tax Code, the Project Plan must contain a statement of a method of relocating persons to be displaced as a result of implementing the plan. None of the proposed improvements should result in relocation of any person; therefore this requirement is not applicable to the implementation of this plan. REINVESTMENT ZONE FINANCING PLAN Under §311.011(c)(1), the Reinvestment Zone Financing Plan must contain an Estimated Project Cost Description, and under §311.011(c)(2), it must describe the Kind, Number, and Location of TIRZ Improvements. Under this Project Plan and Reinvestment Zone Financing Plan, the following improvements and activities may be funded from current available revenues: Packery Channel Project Area Improvements: Subject to the availability of the estimated $4,700,000 in the TIRZ #2 tax increment fund, construction of Phase 2 -7 Packery Channel public recreational improvements and amenities shown on the engineering drawings referred to as the Packery Channel "Six Pack," which is incorporated into this Project Plan as Exhibit G. The engineering cost estimate for the Phases 2 - 7is shown in Exhibit H. Construction of the Phase 4 ADA ramps is contingent upon approval of the General Land Office of the installation of temporary hard parking surfaces for parking for the disabled on the beach at the end of the ADA ramps. Installation of aids to navigation along Packery Channel, which are estimated at approximately $100,000. Relocation of approximately 15.000 cubic yards of sand located seaward of the northern end of the Padre Island concrete seawall to renourish the beach in located seaward of the central and southern portions of the seawall. which is estimated to costs approximately $69,000. Improvements in other areas within TIRZ #2: A specific list of projects will be developed in consultation with various organizations and interested residents of North Padre Island and businesses located within TIRZ #2. These projects may include projects to acquire, construct, reconstruct, or install public works, facilities, or sites or other public improvements, including landscaping, utilities, streets, street Tights, water and sewer facilities, pedestrian malls and walkways, parks, flood and drainage facilities, or parking facilities, but not including educational facilities. As required by §311.011(c)(3), an updated economic feasibility Study for TIRZ #2 was completed by CDS Market Research 1 Spillette Consulting in September 2009. It is provided in a separate document. Revised TIRZ #2 Project Plan Amendment 031 72011 —233— Page 4 of 9 Under §311.011(c)(4), the Project Plan and Reinvestment Zone Financing Plan must include an estimate of bonded indebtedness. TIRZ #2 may be used to support bonded debt issued to fund specific projects, or the project costs may be funded on a pay -as- you-go basis, or utilize other financing methods. Under §311.011(c)(5), the Project Plan and Reinvestment Zone Financing Plan must describe the timing of incurring costs or monetary obligations. TIRZ #2 project costs will be incurred over the life of the Zone based on its Board of Directors' identification of priority activities and projects, opportunities for implementation, and available revenues to sustain a pay -as- you -go project expenditure approach, a bonded debt issuance, or other forms of project financing. Under §311.011(c)(6), the Project Plan and Reinvestment Zone Financing Plan must describe the methods of financing and sources of revenue, TIRZ #2 could use several methods of financing, including but not limited to the following: • Cash funds generated from existing property value increment, • Bonded debt issuances backed by TIRZ #2 revenue to fund the associated debt service, • Short term anticipation notes or other debt issued by private financial institutions based on projected property tax increment to be generated from taxable development under construction at the time of debt issuance, and • Developer cash reimbursement agreements where the revenues from TIRZ #2 property tax increment compensate a developer for fronting eligible expenditures in a specific taxable project after the project is completed. The term of any debt for which debt services payments are to be funded by TIRZ #2 revenue will not extend past the duration of TIRZ #2. The primary source of revenue for TIRZ #2 will be funds from the contributed property tax collections of the City of Corpus Christi, Nueces County, Nueces County Hospital District, Del Mar College, and the Farm to Market Road on the taxable property value increment within TIRZ #2. Based on existing interlocal agreements with each taxing jurisdiction listed above, it is currently projected that each of these entities will agree to participate in funding TIRZ #2 with 100% of the incremental property taxes collected over the life of zone, except for Del Mar College, which will contribute 20% in 2009 and 0% thereafter. The assessed value base year for all participating taxing entities is 2000. Based upon 2008 tax rates for each jurisdiction, the projection of incremental property tax revenue contributed to TIRZ #2 is as follows: Revised TIRZ #2 Project Plan Amendment 03172011 -234- Page 5 of 9 Sources of Revenue' Tax Year City of Corpus Christi Nueces County Nueces County Hospital District Del Mar Jr. Coliege Farm to Market Road Total 2009 1,597,917 985,617 406,158 137,838 12,165 3,139,695 2010 1,273,417 786,419 324,072 - 9,709 2,393,616 2011 1,203,508 745,121 307,054 - 9,201 2,264,884 2012 1,372,033 849,855 350,213 - 10,494 2,582,595 2013 1,519,533 941,476 387,968 - 11,625 2,860,601 2014 1,645,468 1,019,647 420,181 - 12,590 3,097,886 2015 1,761,879 1,091,870 449,943 - 13,481 3,317,173 2016 2,162,313 1,340,366 552,345 - 16,549 4,071,572 2017 2,615,229 1,621,428 668,166 - 20,018 4,924,842 2018 3,127,882 1,939,557 799,263 - 23,945 5,890547 2019 3,708,557 2,299,895 947,753 - 28,393 6,984,598 2020 4,366,726 2,708,317 1,116,057 - 33,435 8,224,535 2021 5,113,212 3,171,538 1,306,944 - 39,153 9,630,847 2022 5,960,390 3,697,237 1,523,577 - 45,642 11,226,846 Total 37,428,065 23,198,342 9,559,692 137,838 286,400 70,610,338 1 Assumes 95% tax collection rate. These revenue projections assume a 95% tax collection rate for all three taxing jurisdictions. According to these projections, 53.0% of the tax increment revenues will come from the City, 32.9% will come from the County, 13.5% will come from the County Hospital District, 0.2 %% will come from Del Mar College, and 0.4% will come from the Farm to Market Road. Zone property tax contributions from the participating tax jurisdictions could be supplemented with other sources of revenue as available. These could include but are not limited to: • Grants from other local, state, and federal agencies; • Grants from private entities such as foundations; and • Joint implementation and funding agreements with other public agencies or private entities such as civic associations for specific projects. Under §311.011(c)(7), the Project Plan and Reinvestment Zone Financing Plan must give the current appraised value of the zone. According to the Nueces County Appraisal District, the 2009 certified taxable appraised value for the Zone is $356,833,583 for the City of Corpus Christi, $ 353,059,772 for Nueces County and the County Hospital District, $ 358,753,875 for Del Mar College, and $ 352,808,877 for Farm to Market Road. Due to outstanding property accounts under value protest, these certified values will increase over time. Revised TIRZ #2 Project Plan Amendment 03172011 -235- Page 6 of 9 Under §311.011(c)(8), the Project Plan and Reinvestment Zone Financing Plan must provide an estimate of the captured appraised value for TIRZ #2 during the years of its existence. The table on the next page provides the projected schedule of taxable value increment captured by the zone over remainder of its duration. Due to differences in policies regarding exemptions and tax abatements, the captured increment differs among the participating jurisdictions. Therefore, there is a table shown for each entity. Under §311.011(c)(9), the Project Plan and Reinvestment Zone Financing Plan must state the duration of TIRZ #2. The zone has thirteen tax years remaining and will expire after 2022. Revised TIRZ #2 Project Plan Amendment 03172011 -236- Page 7 of 9 Estimated Captured Appraised Value PROJECTED ASSESSED VALUE Tax Year City of Corpus Christi Nueces County Nueces County Hospital District Del Mar Jr. College Farm to Market Road 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 380,825,433 320,245,351 307,194,087 338,655,659 366,192,055 369,702,663 411,435,230 486,191,313 570,745,210 666,451,157 774,856,231 897,728,294 1,037,088,042 1,195,245,758 377,027,804 317,347,217 304,974,332 336, 353,086 363,803,032 387,223,386 408,861,715 483,312,318 567,519,915 662,832,970 770,791,945 893,157,125 1,031,940,526 1,189,442,482 377,027,804 317,347,217 304,974,332 336,353,086 363,803, 032 367,223,386 408,861,715 483,312,318 567,519,915 662,832,970 770,791,945 893,157,125 1,031,940,526 1,189,442,482 ASSESSED VALUE INCREMENT 382, 757,294 321,720,450 308,324,444 339,828,313 367,408,871 390,965, 597 412,746,329 487,658,942 572,390,395 668,297,914 776,931,996 900,064,425 1,039,720,393 1,198,215,334 376,776,909 317,163,481 304,840,076 336,214,560 363,660,078 387,075,840 408,709,405 483,142,951 567,331,227 662,622,374 770,556,480 892,893,404 1,031,644,672 1,189,110,054 Tax Year City of Corpus Christi Nueces County 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 298,311,566 237,731,484 224,680,220 256,141, 792 283,678,188 307,1 88,796 328,921,363 403,677,446 488,231,343 583,937,290 692,342,364 815,214,427 954,574,175 1,112,731,891 295,295,463 235,614,876 223,241,991 254,620,745 282,070,691 305,491,045 327,129,374 401,579,977 485, 787,574 581,100,629 689,059,604 811,424,784 950,208,185 1,107,710,141 Nueces County Hospital District 295,295,463 235,614,876 223,241,991 254,620,745 282,070,691 305,491,045 327,129,374 401,579, 977 485,787,574 581,100,629 689,059,604 811,424,784 950,208,185 1,107,710,141 Del Mar Jr. College Farm to Market Road 300,048,697 239,011, 853 225,615, 847 257,119,716 284,700,274 308,257,000 330,037,732 404,950,345 489,681,798 585,589,317 694,223,399 817,355,828 957,011,796 1,115,506,737 295,195,765 235,582,337 223,258,932 254,633,416 282,078,934 305,494,696 327,128,261 401,561,807 485,750,083 581,041,230 688,975,336 811,312,260 950,063,528 1,107,528,910 Revised TIRZ #2 Project Plan Amendment 03172011 -237- Page 8 of 9 LIST OF EXHIBITS Exhibit A Packery Channel Project Costs and Funding from Project and Financing Plans dated February 1, 2003 Exhibit B Map of TIRZ #2 Exhibit C Current land use map Exhibit D Current zoning map Exhibit E Future land use map Exhibit F Project Plan Map (revised 03172011) Exhibit G "Six Pack" engineering drawings Exhibit H "Six Pack" engineering cost estimates (revised 03172011) Exhibit 1 Zahn Road improvemen+ ,drawings Seawall Sand Movement & Relocation Project drawing Revised TIRZ #2 Project Plan Amendment 03172011 -238- Page 9 of 9 • Reinvestment Zone Number Two City of Corpus Christi, Texas . Project-Plan and Reinvestment Zone. Financing Plan February 25, 2003 Exhibit 23 9- • Reinvestment Zone .Number Two, City of Corpus Christi, Texas ' February 25, 2003 Project Plan and Reinvestment Zone Financing Plan Introduction to The Project and Finance Plan General Background AB required under the Tax Increment Financing Act, Chapter 311, Texas Tax Code (the "TIF Act "), the Board of Directors (the Zone Board") of Rcinvestmc nt Zone Number Two, City of Corpus Christi, Texas (the "Zone'), has prepared this Project Plan and Reinvestment Zone Financing Plan (the "Plan'). The City Council of'the City of Corpus Christi, Texas (the "City') and the Zone Board must both adopt this Plan. The Plan includes information concerning proposed land uses and development, estimated project and non - project costs and administrative expenses, engineering studies, proposed financing and economic feasibility data, and property appraisal data. The Plan includes financing of the Zone's portion of the North Padre Island Storm Damage Reduction and Environmental Restoration Project (the "Project"). This Plan sets out the details of the tax and . . economic benefits derived from development of the Project Site, the scope of the Project, and the financing strategy for fending of Project costs through the iaauance of bonds. Complete copies of the Plan; including a report attached to this Plan, as Exhibit A, entitled "Forecast of Potential TIP Revenue Plows on North Padre • Island", prepared by Economics Research Associates (`'BRA."), which constitutes the economic feasibility study . required by the TIF Act, an available from the City of Corpus Christi, Texas, 120I Leopard Street, Corpus •I>risti, Texas 78401, Attention: City Secretary. . North Padre Island Storm Damage Reduction and Environmental Restoration Project . The Project is a project of the U.S. Army Corps of Engineers (the "Corps ") be dredge and channelize a reopened waterway ( "Packery Channel' between the Laguna '� guns Madre Intracoastal Waterway and the Grill of Mexico: In addition to the ?nicety Channel, the Project includes construction by the Corps of two 1,400 foot jetties paralleling the Packesy Channel, Of'the total $30,000,000 projected cost of the Project, the City as Project sponsor has agreed to pay $10.5 million. The remaining Project costs are to be paid by the United States Qaven ntent. The City has created the Zone for the purpose of raising funds needed to provide the Zone Project costs through the issuance of bonds by the North Padre Island Development Corporation (the" Issuer'), a not-for- - • profit local government corporation, It was established by the City under the provisions of Chapter 431, Texas . : 'Fraterportation Code, and the general laws of the State of Texas to aid, assist, and act on behalf of the City in the . performance of the City's governmental functions and to provide a means of financing certain Project costs in - connection with the Zone. The Corps was directed by the Congress of the. United States ("Congress ") to carry out a project for ecosystem • restoration and storm damage reduction at North Padre Island. The Project will extend the existing approximately . 2,6 miles portion of the Paokery Channel in addition] 0.9 mile. The Project is described in the Environmental Impact Statement (EIS), as are the benefits and impacts to be expected from the Project. Erosion of the beach in front of the seawall just south of the boundary between Mustang and North Padre Islands is causing a loss of recreational bcaoh. Dredging ?Bakery Channel would provide sand for nourishment of the beach, and an enlarged beach would reduce potential future storm damage, A Project Study Plea, prepared by the Corps in 1999, examined three alternative sites, including Packey Charnel. . Three different channel widths under three different salinity regimes were also examined to determine the - envirmiunental benefits of an opening between the Laguna Madre and the Gulf of Mexico. The environmental 1 benefits of all alternatives were essentially negligible. The final EIS will be available upon publication by the Cape from the City of Corpus Christi, Texas, 1201 Leopard Street, Corpus Christi, Texas 78401, Attention; City Secretary. The Project is a project for ecosystem restoration and storm damage reduction consisting of a jettied entrance channel, main charnel dredged to a required depth of I4 feat and a bottom width of 116 feet vp to the Texas Highway 361 bridge, scour protection for the existing bridge, concrete bulkheads on both sides of the main channel seating three placement areas to create shallow water habitat, continuing with a smaller channel along . the existing alignment ofh hickey Channel from the highway bridge to the Gulf Intracoastal Waterway, dredged to a requited depth of 7 feet and bottom width of 80 feet, installation of a 30 inch HDDPE pipe fora sand bypass . system, beach nourishment an the beach south of the channel and miscelianeaus utility removals and relocations. • The Project consists of dredging a 134 -foot wide channel to connect the existing Paokay Channel to the Gulf of Mexico to a 12 -foot deep authorized depth (requiring an initial dredge depth to -14 feet) and dredging the existing channel to a depth of- 7.feet (mean sea level) and a width of80 -feet. The total length of the proposed channel from the Gulf end of the jetties to the Gulf Intracoastal Waterway is approximately 18,500 feet (3.5 Approximately 801,200 cubic yards ( miles). y (cy) ofmatorsiail will be dredged during eoarstructiorn, most of which (646,000 cy) will be placed on the beach south of the proposed jetties placement area (PA -4S) for storm damage reduction in from of the existing concrete Berman. Sandy maintenance material from the charnel east of the SH 361 bridge will be used for beach nourishment, and a sand bypass system will be designed to move accumulated sand from . longshore drift to the downdrift aide of tine jetties. Approximately 15,000 cy of estimated maintenance dredging • every five years will be placed in an upland site. . The Project is to be constructed by the Corps under a proposed Project Cooperation Agreement between The - 13epartmennt of the Army and the City (the "project Contract "). The Project Contract has not been approved by . either the Corps or the City, but the City expects execution Of the Project Contract by both parties by Spring : 2003. Thu Plan calls for the remainder of the spproxanately 819.5 million needed to complete the Project to be -- . funded by the United States Government under the Project Contract As ofFebnnary 25, 2003, Congress has appropriated 84.0 million for Project construction, but is under no obligation to appropriate the remainder of its • . share of Project costs. • Once the-initial Project is completed, the City will incur costs of maintenance dredging of Packery Channel, as desaibed above. It is anticipated that upon completion of the initial Project, the estimated maintenance will commence in 2008, and the estimated cost of such maintenance dredging dredging in that year will aPProximatc- 8350,000. The coats of the maintenance dredging are intended to be paid by the Zone, either from tax rent collections, proceeds from bonds, a combination of those two sources; or other moneys made available to the City - or the Zone for such purpose. • . • 'Secondary dcvelopmarrt within the Zone that includes public improvements is being proposed by the City as local sponsor. Secondary development includes proposed park amenities that encompass approximately 14.2 acres • providing access to hickey Channel, the bench, and the jetties; passenger and recreational vehicle priding; . walkways; Tearooms; and vendor facilities. The location of two potential City park areas is proposed along the ,- . area nearest the Gulf of Mexico react of hickey Channel, The Project, the maintenance dredging of the Packery Channel, and the public improvements associaicd with the proposed secondary development are found to be "Project Costs" as such term is defined in the TIF, Act, The Project Contract • . • . The Project is to be constructed by the Corps under the Project Contract, The Project Contract has not been approved by either the Corps or the City, but the City expects execution of the Contract by both parties by Spring 2003, Under the Project Contract, the Corps, subject to receiving funds appropriated by Congress and using -the— 2 funds expected to be provided by the City through the Issuer, would agree to expeditiously construct the P ThePro'ect Contract roJect. J recognizes that Congressional appropriations to date are less than the amount of tfederal fund; required for completion of the Project, and that in the event insufficient funds are appropriated for the federal goveaurnent`s share of Project costs, then Project construction will be auspended or the Project Contract terminated. The federal government expressly makes no commitment to seek additional federal funds for the Project, The City would agree to contribute 35% of the total Project cons, at least five percent of which must be caoributed in cash with the remainder being the appraised value of cash or lands, easements, rights -of -way, and suitable burrow and dredged or excavated material disposal areas. The Qty must deposit its share of financial obligations for construction through he first fiscal projected � year of construction within 45 days of notice from the Corps. For each subsequent year, the deposit must be made no later than 60 days prior to the beginning of the fiscal year, The Project Contract obligates the City to operate, rnaintain, repair, replace, and rehabilitate the entire Prey, at no cost to the federal govainnent, The City is seeking tsansfr of a portion of the maintenance cost to the . Corps, but at this time no provision has been made for payment of ongoing maintenance costs. Punding.of a maintenance reserve from proceeds of an additional series of Tax Increment Contract Revenue Bonds contemplated by this Plan, but there is no assurance that a maintenance reserve will be $ended, nor is t an' . guarantee that if funded the maintenance reaerve would be adequate to . pay costa of ongoing maintenance . dredging. Reinvestment Zone Number Two, City of Corpus Chrhti, Texas The Zone was created by the City pursuant to the TIF Act to facilitate development of the land within fine boundaries of the Zone, a 1,947.01-acre parcel located entirely within the City and the•County. The Zane became effective on November 14, 2000, and will terminate on December 31, 2022, or at an earlier time dcsignnted by subsequent ordinance of the City, or at such earlier time that all Zone Project Costs, tax increment bonds, and the interest on all tax increment bonds, have been paid in full (the duration of the Zone), The Zone is located on Padre Island, and intersected by State Highway 361 and Park Road 22 leading from the John F. Kennedy Causeway. A map showing the existing uses and conditions of real property in the Zone is attached to this Pla . • as Exhibit B. A map showing the proposed improvements to and proposed uses of the real property in the Zone is attached to this Plan a Exhibit C. Pursuant to the TIF Aot, the ordinance of the City establishing the Zone also established a Board for the Zone, The Zone Board consists of 12 persons, with one member from each Participant other than the City, and the remainder (but not less than 10) appointed by the City, Name Samuel L. Neal Javier D. Colme>icro Brent Chesney Rex Kinnison John Longoria Jesse Noyota Mark Scott Gabriel Rivas Cal Jennings Richard Pittman John LaRue kgeiden President Vice President Member Member Member Member Member Member Member Member Member Member 3 Appointed By City of Corpus Christi Nueccs County City of Corpus-Christi City of Corpus Christi City of Corpus Christi City of Corpus Christi City of Corpus Christi City of Corpus Christi Del Mar College Nueces County Hospital District Flour Bluff Independent School District Port of Corpus Christi Authority . • • Existing Land Use Existing lank= within the Zone consist of light conmtercial development, mixed residential development, vacant unimproved land, and non- developable land, including waterways, roadways and parks, The City has estimated the following current usage within the Zone: DR . Assi Vacant 857.1718 Water Area 447,8253 Park 384.5719 Right-of-Way 158.2465 Commercjal 33.6232 Medium Density Residential 34.4813 Publio/Semi public 9.0187 High Density Residential 7.7001 Profession] Office 6.0570 Light Industrial 6.5105 Low Density Residential . 1.8075 Total J.947.0138 - Infrastructure Requirements for Development It is the City's policy that infrastrucLUTO required for new 'development within the Zone will be the responsibility • of each .landowner or developer, similar to any other development that .occurs in the City. The wastewter . treatnont plant and trunk main collection system is inplaoe and is of sufficient capacity to accommodate new development, and sufficient freshwater supply is available to serve anticipated development within the Zee. There are generally roads and streets throughout the Zone, though individual tracts may require additional street construction, sewer collectionlines, or water supply lines for development. The City pays for oversize and extra depth costs associated with water and wastewater extensions that are designed to service property outside or.. beyond the owner's development, The City participates in street development to:, pay the additional costs for extra width associated with arterial streets or collectors that am designed to be extended • property. The City also pays for the costs of bridges and culverts to extend streets beyond eyond the developer's prey. • • .. Undeveloped Land Within the Zone • - Approximately 857 acraes.within the Zone are unimproved or underdeveloped land. The City anticipates that such' unimproved land will be developed for residential and light commercial use consistent within existing u ��� additionel devote g ten, and pment must occur before the Issuer can provide for the payment of additional Tax Increment Contract Revenue Bonds (hereinafter defined) required for completion of the Project without adversely affecting the Issuer's Ability to pay debt service on the Series 2003 Bonds (hereinafter defined); • Na , a in this Plan with respect to the Ultimate development of such property. ) representation is Project Costs • ' . A detailed listing of the proposed public works and public improvements to be undertaken in the Zone, shown by kind, number and location, and the Project costs of the Zone, including, without limitation, the costs of the initial dredging of Packery ClnnneI, the maintenance dredging costs, secondary ' of the Zone, and other non - �.1� costs, administrative mete be funded through the operation of the Zone), are set forth in Exhibit 13. The estimated amount intended to . 4 of bonded ded indebtedness to be incurred to pay initial .Project costs, and The timing of when related coats ,and monetary obligations for irnpleane ntingg this P]an are to be incurred, are set forth in Exhibit A The City currently estimates that the total amount of issuer debt necessary tb be issued for completion of initial Project costs *II not pry $12,000,000, Secondary development improvements are to be financed as funding becomes available from surplus tax increments or bonds. The City currently estimates the total amount of Issuer debt that may be issued for secondary developments will not exceed $3,000,000. The Plan of Finance The City has created the Zone for the purpose of raising funds needed to provide the City's share of the Project coats, and the Series 2003 Bonds (hereinafter claimed) are the first installment of Issuer bonds to be issued for dug purpone. . The City, the County, Del Mar College, a junior college district and political subdivision of the State of Texas (the "Gallop') and Nueees County Hospital District, a hospital district and political subdivision of the State of Texas (the "Hospital District") each have agreed to deposit to the Tax Increment Fund established for the Zone . (the „Tax Increment Fund') certain tax collections arising from their respective taxation of the increase, if any, in the appraised value of real property located in the Zone since November 14, 2000 (hereinafter defined as the . (Dedicated Tare Increments''), through the earlier of December 31, 2022, or the date on which any outstanding obligations payable from the Dedicated Tax Increments are fmaly paid. The City has entered into separate intalocal agreements (the "hrterlocal Agreeanenta ") with the County, the College, and the Hospital District which . sets forth, among other things, the agreement of the City and County, College, or Hospital District, as applicable, to pay to the Issuer the Dedicated Tax Increment; (the "Contract Tax Increments "). The bonds to be issued to fund Project costs are to be payable solely from the Contract Tax Increments and certain other finds on deposit with JPMorgan Chase Bank, Houstoh, Texas (the "Trustee') or which may be sited,with the future together with comings and investments thereon (the; "Pledged Revenues"). T' in the The C]ty, the County, the College, and the Hospital District (each referred to individually herein as a "Participant" and collectively referred to as the "Participants") have agreed to deposit to the Tax Inceemcnt Fund the Tax Increments, as described herein. _ Dedicated el Pursuant to the TIF Act, a taxing unit's tax increment for a year (a "Tax Increment") is the amount of property taxes levied by the unit for that year on the "captured" appraised value of real property taxable by the located in a reinvestment zone. Tax hreremeents do not result from any increase in the appraised value of eer t and • property ( as equipment or inventory) sonal exrboay) taxable by the unit and located in a reinvestment zone. The TIF Act • defines captured appraised value ("Captured Appraised Value ") as the total appraised value of all real property taxable by the unit and located in a reinvestment zone less the tax increment base of the unit. The tax increment . base of a taxing unit (the "Tax Incremernt Base ") is the total appraiser} value of all real property taxable by the unit and located in a r e investmert zone for the year in which the zone was designated. In the case of thc.Zone, • the Tax increment Base is the total appraised value of all real property in the Zone taxable by the relevant Participants as of January 1, 2000. Tax Increments result only from Captured Appraised Value in the Zone which consists of I,947.0138 acres, approxunately 542.8184 of which is publicly owned and not taxable. A shows (a) the Tax Increment Base of the Zone, appraised of taxable real property in the Zone and (c) the estimated atedenured apprised value of the Zone total lduring reach seer of its scheduled existence. y err Pursuant to separate Interlace] Agreements between the City and each of the County, the College, and the Hospital District, respectively (the "Interlocel Agreements ") the Participants have agreed to portion of their Tax Inerranerts to the Tax Inceement Fund. The City, the ounty, and the Hospital pDisein have agreed to deposit to the Tax Increment Fund 100% of their tax collections on Captured Appraised Value in the S 7011e for each tax year that the Zone terrains in existence, conmenaing in taxyear 2000. The College him Age to deposit to the Tax loam:not Fund 100% of the its Tax Increments for the first five yew (2000.2004) of the Interlooai Agreement, 80% for the sixth year (2005), 60% for the seventh year (2006), 40% for the eighth year (2007), 20% for the ninth year (2008), and none thereafter. The amounts the Participants have y to the Tax Increment Fund are referred to herein as the "Dedicated Tax Increments, "' obligations depose Participants to Dedicated Tax The ohlil3atrcros of the pay Increments into the Tax Increment Fund are subject to the rights of holders of bonds, notes or other obligations that have been or are hereafter issued by a Participant tltat'arepap payable from and secured by a mend levy of ad valor= taxes throughout the taxing jurisdiction of that Participant. North Petite Island Development Corporation The Issuer The Issuer is a not-for-profit local government.corporation and was established by the City under the provisions of Chapter 431, Texas Transportation Code, and the general laws of the State of Texas to aid, assist, and act on behalf of the City in the performance of the City's governmental finial= and to provide a means of financing certain Project costs in connection with the Zone, It is governed. by a Board of Directors, whose members are appointed by the City Council. On December 17, 2002, the City Council of the City appointed all of the members of the City Council to serve as members of the Corporation. The Bonds It is anticipated that three series of bonds will be issued by the Issuer to finance the initial costs of the Project. The first series of bonds is anticipated to be issued in the spring of 2003 (the "Series 2003 Bonds"), in connection with the implementation of this Plan. Should bonds be issued to fund the costs of maintenance dredging, it is anticipated that funds for such use would be included in the third series of bonds to be issued. • The Series 2003 Bonds are the first issue of bonds (the "Tax Increment Contract Revenue Bonds ") to be issued by the Issuer. The Tax increment Contract Revenue Bonds, including the Series 2003 Bonds, are secured by the Issuer's pledge of payments to be received pursuant to a Tri -Party Agreement among the City, the Zone, and the issuer (the "Tri Party Agreement "). Under that agreement, the Contract Tax Increments wi l be paid into the Tax Increment Fund at the City's depository. The Bonds will fluid a portion of the City's share of the Project Costs. Completion of the Project will require additional funding, which cumentlyis anticipated to be provided through the issuance of additional bonds by the Issuer secured from Dedicated Tax Increments on parity with the Bonds. Secondary development improvements may alsd be financed from additional bonds. For the Issuer to be able to repay such additional bands, substantial growth in the taxable values within the Zone must occur, and there is no guarantee that such growth will have been accomplished prior to the timing of fiurding the remaining phases 6f the development and completion of the Project. Growth in taxable values within the Zone is d improvements. While the City expects that such additionimprovements l nt on future devvlopmait of additional taxable Channel is completed, there are approximately 1,838 tracts of land within the lZone s# owned by if the approximately 1,054 different owners, and neither the Issuer nor the ° by r cons of improvements within the City has any agreement with any landowner for construction Zone, or imowlecge that any landowners intend to construct additional improvements, Without future development within the Zone, there can be no guarantee of additional Dedicated Tax 1 sufficient to pay debt service on bonds issued to fmance the Project. A tents funded with bond proceeds and the sizing of the bond issues to fund those projection of is set forth in Exhibit D. The Tri -Party Agreement 6 The City, the Zone and the Issuer will enter into the Tri Parrty Agreement. Pursuant to the Tri: Party Agreement, the Issuer will provide certain management and administrative services for the Zone, The Issuer is authorized to issue bonds of enter into other obligations to be repaid from Contract Tax Increments but only with the Approval of the City Council. The Issuer agrees to use. all Contract Tax Increments in a manner consist with • • the Plan. The Tri.Party Agreement provides for duties and responsibilities ofthe City with respect to Dedicated . Tax Ineronerts and provides for duties and responslelitfes of the Zone with respect to Dedicated Tax its. T h e D e d i c a t e d T a x Increments are to be deposited when received into the Tax Increment R ind. The City and the Zone will covenant and agree that they will continuously collect the Dedicated Tax Inero¢nents from the Participants in the manner and to the maximum extent peamitted by applicable law. To the extent the City and ' . Z o n e may l e g a l l y do so, t h e y also will c o v e n a n t and a g r e e that they will not pe m t a reduction in the Dedicated Tax Increments paid by the-Participants, The City will covenant and agree to annually levy, evY, assess and collect its ad valorem taxes in the Zone, The City and the Zone will agree to pay to the Issuer the Contract Tax - Increments in consideration for the Issuer funding certain of the Project costs with the probeeds' of the Tax Increment Cr:straot Revenue Bonds, The obligations ofthe City and the Zone to pay Contract Tax Increments shall be Subject to the Tri.party Agreement and the rights of any of the holders of bonds, notes or other obligations that have been or are hereafter issued by the City, the County, the College, or the Hospital District that are payable from and secured by a general levy of ad valorem taxes throughout the taxing jurisdiction of the City, County, College, or Hospital District, • • . • It is anticipated that the interests of the Issuer in the T i Party Agreement will be assigned to the Trustee for the - Tax Increment Contract Revenue Bonds under the teams of the lndennture pursuant to which such Tax Increment Contract Revenue Bonds are to be issued, The Th -Party Agreement may be amended with the mutual consent . ofthe parties; however, any amendmej t must be accompanied by an opinion of counsel to the Issuer to the effect . that such amendnu nt will not materially impair the rights of the owners ofthe Issuer's bonds or other outstanditrg obligations, . • • • - • 7 Reinvestment Zone Number Two City of Corpus Christi, Texas • Formmaai ofPotentlal - . R.vanne Flows of ,North Padre bland (Penal Report) • • Doted; August 2002 BRA ?rajeot Number: 1 4663 • . • • • Pined Report Forecast of Potential. TIF Revenue FIows qa North Padre Island Submitted to The City of Corpus Christi August 2002 ERA Project Number, 14663 • TABLE OF CONTENTS General Limiting Conditions Introduction .. v Approach .. 1 Participating Jurisdictions 2 3 Methodology TN REVENUE ANALYSIS .. 3 Summary ... 5 Real Estate Market Discussion TIP Waterfront Properties 2002 6 Growth Rates, , 10 Padre Island 10 Tr Revenue Conclusions. 11 S 5 TJF Anaiysie for North Paella bland - Final • —249— Pepe tl List of Tables and Exhibits Table 1, Taxable Value of Lead Improvement, - 2 T1F District - 2000 ....2 Table 2. Tax Rates far'Particspating Jurisdictions ""2 Table 3. Waterfront Properties by Location and Value within the TIF District 6 liable 4. Average Assessed Land Value by Location 6 Table S. Average Condominium Assessed Value by Water frontage Tabk 6. Condominium Properties in the T1F District .... 8 8 Table 7. Lake Padre $ Properties by Tax ID ...9 Table 8, Other Non Exempt Water Front Properties 9 Table 9. Exesnpt Properties 10 Table 10, Padre Island Growth Rates by Location — 1992 2002 10 Table 11. Scenario 1. TIF District Taxable Value and Revenue, 2001— 2022 11 Table I2. Scenario 2, TIF District Taxable Value and Revenue, 2001 -- 2022 11 Exhibit 1, TIF Revenue Schedule, Scenarios 1 and 2 12 Table 13, T1F Taxable Value and Tax Revenue Schedule, Scenarios 1 and 2 ($000s) 13 TIF Analysts for North Padre bland — Final • to GENERAL LIMITING CONDITIONS • AMMIIME •Every reasonable effort has been made to ensure that.the data contained in this study reflect the most accurate and timely information possible, and they arc believed to be • reliable. This study is based on estimates, assumptions and other information developed by Economics Research Associates from its independent research effort, general knowledge of the industry, and consultations with the client and the client's representatives. No responsibility is assumed for inaccuracies in reporting by the client, the clients agent, and representatives or any other data source used in 'preparing or presenting this study, No warranty or representation is made by Economics Research Associates that any of the project values or results contained in this study will actually be achieved. • Possession of this study does not carry with it the right of publication thereof or to use the name of "Economies Research Associates" in any manner. No abstracting, excerpting, or summarization of this study may be made. This study may not be used for purposes other than that for which it is prepared. Exceptions to these restrictions may be permitted after obtaining prior written consent. from Economics Research Associates, This study is qualified in its entirety by, and should be considered in light of, these limitations, conditions and considerations. . TIF Analysis for North Padre Island — Final —251— Pejo iv INTRODUCTION Economics Research Associates (ERA) was engaged to provide the City of Corpus Christi with estimates of tax increment revenues in the proposed North Padre Island Tax Increment Finance (TIF) district.' ERA understands that estimated future tax revenues from the district will be targeted to fund a portion of the development cost of funding the North Padre Island Damage Reduction and Environmental Restoration Project. This forecast makes use of data provided by the City of Corpus Christi and the Nueces County Appraisal District covering property tax rates, assessed values, and actual historic taxes paid far the defined TIP district, Data from these sources have been assessed to generate a reasonable estimate of potential tax increment revenue. This report is independent from an earlier report prepared. by ERA in the year 2000. This report does not assume any major development in North Padre Island and uses a different methodology to forecast tax revenue in the TIF District. Some numbers are rounded and might differ from the original database. Although every • possible effort has been made to present 'correct information, some errors might be present due to handling of large data sets in a short time period.. However, ERA believes that the results are reasonable and concur with the data available. . . • ERA would Iike to thank all staff members at the City of.Corpus Christi and the Nueces County Appraisal District for providing us with data in timely fashion that ensured preparing a comprehensive report. TIF Analysis for North Padre Lund — Fine[ Page 1 APPROACH The approach followed by ERA. fret defines the current baseline assessed and taxable value of the proposed TIP district, using assessment information for land and improvements provided by officials with the City of Corpus Christi and the Nueoes County Appraisal District. ERA understands that the base year for the district is calendar year 2Q00. From this base year value, ERA generates two sets of TTF revenue inputs: • • Forecast growth in the taxable value at currently existing buildings and vacant land in the district over a 20 -year period using constant growth rate for all types of properties. • Forecast growth in the taxable value of currently existing land and development in the district using variable growth rates based on location within the district. Growth in assessed values and taxes paid for current improvements and vacant land, as well as new development, beyond levels defined in the base year constitute the increment in property tax revenue that can be captured for potential use in the Packery Channel project. Worldng with officials at the Nueces County Appraisal District, City officials .provided ERA with year 2000 assessed and. taxable values for all land and improvements in the proposed TIF district. • The following table indicates that the district currently contains . vacant .land 'and improvements amounting to $85,870,603 in taxable value. The table breaks down values between home site and non -home site land and improvements, as :• well as exemptions and adjustments, to arrive. at a total taxable value, Exemptions and _ adjustments are made for homestead, disabled individuals and veterans, and people over 65, Preliminary assessments for 2001 are $98,153,611 and for 2002 $107,588,794. Table 1. Taxable Value of Land & improvement, _ TXF District - 2000 Category Value - . Laud — Home Sfte • . $5,491,354 ' • :. Land Non -Home Site $23,947,556 - Improvements — Home Site $42,200,590 Improvements —Non -Home Site .• $17,684,297 Sub -Total . $89,323,797 • Exerisptions Ji Adjustments • • $3,453,194 • . • Total Taxable Value 585,870,603 �ionrre< Nueica County Apprise[ District Looking further at the above table, ERA determined that home site improvements include single - family homes as well as higher - density condominium projects on the seawall, This distinction is important because home site land accounts for only 18% of total land assessed value, but home site improvements account for 70% of total improvements, • . TUF Anellnb for North Padre Island — Final Pape 2 • Participating Jurisdictions Four jurisdictions are contributing 100% into the tax increment fund for the whole period starting in 2001 through 2022. One jurisdiction Del Mar Jr. College, is contributing 100% into the tax increment fund for the first 5 years, 80% for the sixth year, 60% for the seventh year, 40% for the eighth year, 20% for the ninth year and 0% thereafter. Three jurisdictions will not participate: Flour Bluff Independent School District (ISD), Port of Corpus Christi and Fire District #2, The following table shows tax rates schedule per $100 of taxable value. Table 2. Tax Rates for Parttdpating 3urledictione Juriadictiom Providing ALL 2001 -2005 2006 2007 2008 2009 2010-2022 increment Jurist/Won, City of Corpus Christi 0.644175 0.644175 0.644175 0.644175 0,644175 0.644I75 0.644175 Barra to Mgt Rd. 0,005238 0.005238 0.005238 0.005238 0.005238 0,005238 0.005238 County Hospital 0.228028 0.228028 0.228028 0.228028 .0,228028 0.228028 0.228028 Del Mar Jr. Collage 0.21988 021988 0.175904 0.131928 0.087952 0.043976 • 0 Nieces County 0350242 0,350242 0.350242 0.350242 0.350242 0.350242 0.350242 Port of Corpus Christi 0.002117 FlourBluffISD 1.526197 Fire District 02 0.022200 TOTAL 2.998077 1:447563 L40359 1.359611 141564 • 1.27166 1.227683 . Egg: Assuming tax rates do not change ion Nueces County Appraisal District, City of Corpus Christi Regarding the above tax rates, local officials indicated that they did not expect to see • unusual growth in the above tax rates in the near future. Following standard Tilt'' modeling guidelines, ERA has taken the above tax rates and held them constant for the - duration of the 20 year TIF model. With In rates held constant, key drivers of the forecast become rates of appreciation for existing improvements and vacant land. Methodology In order to estimate a reasonable tax revenue flow, ERA made the following assumptions:. • . Base tax year is 2000 • 2002 tax rates for each participating jurisdiction are assumed fixed for the whole period (through 2022) • Tax increment fund starts in 2001 • End of TIF district is 2022 • Packery Channel will be completed in 2004 • The TIF district tax revenue flow is completely independent of any potential major development that could potentially have a great impact on other developments and land value. __. _ _ TIP Anelysk for North Padre WNW - Ftnal N Page 8 • First to Increase: Value of land and current developments. with water frontage in the District excluding beach properties will be the first to increase in value due to the opening of Packery Channel, as it would provide direct access to the Gulf ofMexico, • Magnitude of Increase: Water front properties (vacant land) in the District excluding beach properties will have the greater increase in value compared to properties without water frontage. It is assumed that the value will approach the valueof vacant beach properties, Based on the above assumptions, BRA compiled data from the City of Corpus Christi and the Nueces County Appraisal District to estimate current land and improvement value by location in the District. Using Tax ID data, BRA aggregated properties based on their location by defining 4 distinct locations; • Beach • • Lake Padre • Other water front properties • Non -water front properties After lintdng each property to a location, total assessed and taxable calculated for each location. Value comparison was established and was estimate growth rates-for properties within the District, BRA also aggregated all values of properties on North Padre Island for the to estimate an average calculated average growth rate (CAGR) for the CAGR was then applied in the forecast model. Tax rates from the participating jurisdictions were then applied to estimate tax 'revenue flows. values were - later used to past 10 years island. This TIF Analysts for North Padre blend — Final Paps 4 TIF REVENUE ANALYSIS Summary Two scenarios were developed and are presented in this report, The first scenario applies an annual growth rate of 9% from 2003 through 2012, and 3% annual growth rate from 2013 through 2022 for all properties within the TIF District. The 9.1% annual growth rate represents the CAGR of the assessed values of all properties on Padre Island from 1992 through 2002, The second scenario applies different annual growth rates for each property type in the TIF district, Waterfront properties on Lake Padre, the canal and on the proposed Packery Channel are estimated to grow at an annual rate of 24% between 2003 and 2007. During the same period, Beach properties and non- waterfront properties are assumed to grow at 9,1%. From 2008 through 2022, all properties are estimated to grow at the inflation rate of 3% per annum. The 24% annual growth rate represents the estimated CAGR of the total taxable value of TIF properties within the five participating jurisdictions from 1996 through 2001, The two scenarios are conservative and do not assume any new development From 2001 through .2022 • and using 2000 as the base year, the first scenario generates a total tax revenue of S63.4 million of which $38.9 million is the TIP revenue. The second scenario generates a total tax revenue of $55.9 million of which $31.3 million is TIF revenue. A detailed analysis follows. Real Estate Market Discussion Economics Research Associates conducted a number of telephone interviews with accredited realtors in Corpus Christi and Padre Island, The general consensus has been: that over the past three years demand for good properties, defined as those in good repair, modern appliances, visually appealing and have good access, 'has increased remarkably. This increase in demand, the limited supply, and a strong market let to an increase in price& The demand for weekend and seasonal homes from residents of large Texan cities, such as Dallas, Houston and San Antonio is also pushing prices upward, Aging baby- boomers and a healthy economy had lead to strong demand of retirement and seasonal homes in- Padre Island. This demand has exceeded the markets ability to supply more housing units. Another Hector in the escalation of price and demand is speculation regarding the Packery . Channel, which would connect Lake Padre and the Packery Channel to the Gulf of TIF Analysis for North Padre island — Flnal Page 5 Mexico. The Channel is perceived as a convenient way to provide access to the Gulf of Mexico from Lake Padre and the intercoastal areas. Some realtors indicated that Lake Padre properties would be more attractive to sailing enthusiasts that would need to be east of the 22 -foot bridge to benefit from the Channel. This' is assuming a marina is developed on Lake Padre. Properties without water access, known among realtors as dry or interior properties, on Padre Island can demand a $10,000 - $15,000 premium over comparable properties in the city, Some realtors indicated that the difference in price between water - accessible and dry properties on Padre Island is too great to characterize. When asked about Port Aransas and how the market compares to Padre Island, Most realtors indicated that properties in Port Aransas, 20 miles from Corpus. Christi, are overpriced and are not comparable in quality. Realtors also indicated that Padre Island has' strong attributes and character that would attract investors to develop resorts, something that Port Aransas lacks. TIF Waterfront Properties 2002 Using the micro level data (property tax records) obtained from the City of Corpus Christi and the Nueces County Appraisal District, ERA was able to compile water*ont properties in the TWDistrict by location and type. The TIP District has 1,930,08 acres with a total assessed value of $107.59 million in 2002. Approximately 5I% of land have or will have (after the opening of the Packery Channel) water frontage or 977 acres, Approximately 203 acres or 21% of water front properties are exempt properties. The waterfront properties have a total assessed value of $65.1 million and a total taxable value of $60,6 million. The following tables show waterfront properties by location, land value, improvement value, total exemptions, taxable value, and acreage, Table 3. Waterfront Properties by Location and Value within the TIF District Type Acres Land Value Improvement Total Assessed Taxable Value Value Value . Condo Beach 13.45 $2,450,499 $28,962,543 $31,413,042 $29,048,886 Across from the Beach 3.61 $281,352 $3,902,799 $4,184,I51 $3,533,871 Other -Lake Padtc, Canal 1093 $1,459,001 $11,600,220 $13,059,221 $)1,502,641 Lake Padre 470.66 $4,591,013 $938,742 $5,529,755 $5,517,325 Beach 53,20 $2,577,105 $4,355,083 $6,932,188 $6,932,188 Exempt 202.86 $0 $0 $0 $0 Other 222.24 $2,517,234 $1,669,836 84,187,070 $4,054,928 TOTAL WAT&RPROPB,RTIES . 976.95 $13,876,204 $51,429,223 865,305,427 . $60,59009 .ice Nueces County Appraisal District, Economics Research Associates ~� IV Analysis far Natth Padre island — Final pugs 6 Most of the condominium properties are older developments dating. to mid 1980s especially the ones with a beach frontage. Most of the properties on Lake Padre are parcels of vacant land, The other .non-classified properties Are parcels located on the Canal and what would be on the Packery Channel. Land value, as expected, increase as it approaches the Beach. The most expensive land parcels are those of condominium with beach frontage with over 3180,600 per acre. The second highest, on average, are condominium properties on Lake Padre with $133,500 per acre followed by condominium properties Located across hum the Beach, As expected developed land, although with indirect beach flowage has more value than undeveloped beach parcels, It is plausible to assume that the value of land parcels with beach frontage would,more than quadruple in value after it is developed. The following Table shows average assessed value per acre by location. Table 4. Average Assessed Land Value by Location TYPe Acres Average Land Value (5 /Acre) WaterfroidProverdep Condos each 13.45 . - $180,623 Across from the Heath 3,61.. $77840 Other .Lake Padre, Canal . 10,93 $133,,448 . Lake Padre 470.66 Beach $9,754 53.20 $48,442 Exempt 202.86 $0 Other ' • • 222/4 $11,327 • TOTAL WATER PROPERTIES . 97615 517,897 • Total average and value excludes exemptptopertiea . N urce: Nue cee County Appraisal District, Economics Researult Anociatee There are 16 condominium developments in the TIF district, 'of which four are located on •the beach, three are located across from the beach and the remainder is located on Lake Padre, the canal and Packery Channel. The most expensive -condominiums are those . with a direct beach frontage. The following table shows average assessed value per: condominium by water frontage location TIF Analysts for Norris Padre Island — Final Page 7 Table 5..Average Condominium Assessad Value by Water frontage Condos Beach 324 396,305 ' Across from the Beams I15 336,384 Other -Lake Padre, Canal 399 332,730 Amis nieces County Appraisal District, Economics Rear-arch Associates The following table shows condominium properties by location, acreage, number of units, and average condominium assessed value. Table 6. Condominium Properties in the TIF District Property Name Tomato a Aereage Total Total Total Total Number Avg. 8 Laud Improvements Assessed Taxable of Units Condo iocatloss Vslue Value • Value Value Total Condo Units Average Condo Assessed Value El Consiante Beachi}ont 3.05 $531,178 35,317,I24 $5,848,302 35,581,554 69 584,758 Padre bland- Beach front Gvltsiream • 4.78 $885,669- 313,272,754. 314,158,423 $13,239,239 • '130 $108,911 • • La Casa Del Sol 'Lake Padre 0.70 $94,134 ' $889,071 3983,205 3983,205 24 $40,967 Lakeshore Villas Lake Padre . ' . 1:26 3153,552 3I,586,544 31,740,096 31;459,835 24 $72,504 Leeward Isles • Lake Padre 2.58 .$168,810. $2,761,688 $2,9301498 32,897,165 . 57 ' 433,654 • Leeward Cave • Lake Padre • 0.6] 375,632 3585,521 3661,153 3646,153 •' • 16 541,322 LontaarPlace Cartel -2 •0.43 371,650 3303,335 3374,985 3374,985 •10 $37,499 ' • blooks from • . beach . • Mystic Harbor a 0.94 3122,904 ' '31,185,002 31,307,906 31,175,954 32 340,872 • 8eahorse Across the. .: 1.03 378,814 $1,189,35$ $1,268,]72. 57,017,$92 26 • street from ' . • 148,776 • Beach • .. Nautilus (lalleria Across the' -.- . 1.03 367,502 34219,289 •• $1,286,791 31,051,791 45 $25.59 - - street from - • Beach • Pirates Croaaing & Lake Padre ' 0.53 3184,591 51,233,405 - ` $1,417,996 41,337,959 . • ' 36 339;389 ' Seascape Villa • Portofino - Beachfzont . • 2.3] 5483,538 35,372,008 35,855,546 $5,130,665 . .. 53 $11Q,482. ' • • Mariners Cay . ' Canal - 2 3.51 3539 544 • • $2,497,196 33,036,740 'S2,261,146 .136 blocks from 122,329 • . beach Pedro Island ' Across the . - . 1.55 .5135,036 ' - 31,494,152 51,629,188 51,464,188 44 .537,027 Surfaide • ' street from • • Beach ' • • . Padre Isle - island Bescizfrozrt 'House' 3.31 5528,142 34,812,272 55,340,414 ' 35,097,429 72 574,172 Sand Dollar Canal . ' - 0.37 348,184 $558,458. 3606,642 3366,642 34 317,342,. Tots .27.99 54,168,880 :544,277,177 - 148,446,057 544,086,398 838 12 5'57,812 pource: Nueees County Appraisal District, Economics Research Associates . TIF Analysis far North Padre !island - Final Page 8 Beach properties other than condominiums are made up of 31 vacant parcels and one developed parcel which is the Holiday Inn with an assessed value of $4.5 million, There are 12 vacant parcels that range in size from one to approximately seven acres with the largest being 6.98 acres. Most of the remainder arcels are (0.51 acres) p approximately half an acre. There are 10 ( ) parcels that are valued at $56,250 each or an average of $110,294 per acre. These are the most valued parcels on the beach. The text three tables summarize properties by Tax M. The first table lists all properties an Lake Padre, the second table shows all other (Canal, Paekery Channel, non - classified) water front properties that are non- exempt and the last table shows all exempt properties,. Table 7. Lake Padre Properties by Tax ID TAX ID Total Land Total Total Total Acreage Value bnprovomsnts Asooued Taxable Value Vie 6180. $1,636,741 8820,671 $2,457,4I2 $2,444,982 20.85 6185- $1,136,341 $0 81,136,341 81,136,341. 23,75 6175. $225,114 $65,880 $290,994 . $290,994 5,01 6125. •. $1,309,302 $52,191 81,361,493 $1,361,493 286,05. 6195- 8283,515 $0 $283,515 $283,515 135 • • Total 54,591,013 $938,742 85,529,755 85,517,325 470.66 • Sourest Humes County Appraisal DioU nt, Economics Research Associates + ' Table S. other Non - Exempt Water Front Properties TAX ID Total 'And Total Total Total Acreage Legal Description .. Value improvements Assessed Taxable Value Value ' 3730. $152,759 $111,409 $264,I68 $264,168 8.05 bland FairwayEtlates- -" 4793- $791,199 $276,447. 81,067,646 81,067,646 6,75 Mariners Cay Lots ' 6270• 5584,752 80 • $584,752 $584,752 7,58. PADRE ISLAND SEC 23 6205. ' 8735,000 $0 $735,000 $735,000: 60 PADRE ISLAND -SEC 18 .. 1115• • 8174,019 - S0 . $174,019 8174,019 .. 138.86 BRYAN WM SUR 606 LS • 64, 129,964 ACS ICL 1717- 879,505 81,281,980 $1,361,485 $1,229,343.. . • 1.00 Compass Townbomes -13 .. • • ' drills Total 82,517,234 81,669,836 54,187,070 84,054,928. 222.24 Ileum: *Wes CountyAppralsal Disttict, Economics Reparah Assooaaies . T1F Analyals for North Padre bland -- Final Papa 9 Table 9. Exempt Properties TAXI!) Name Acreage 111500000010 . STATE OF TEXAS 138.87 11 1500000050 STATE OF TEXAS 4,03 373000030050 FLOUR BLUFF IND SCHOOL DI 6.5 616500451400 CITY OF CORPUS CHRISTI 3.46 619000000005 STATE OF TEXAS 0 625200000010 NUECBS CO 20 625200000020 NUBCES COUNTY TRUSTEE 30 Total 202,86 imuss Noses County Appraisal Diatrioi, Economies Rasearedi Associates Growth Rates Using available data, ERA conducted trend analysis for various areas to establish a trend in property growth rates on Padre Island and in the participating jurisdictions. These growth rates are later used in the forecast models to estimate TIF revenue. Padre Island Using micro level data, ERA compiled the assessed values for all properties in North Padre Island from 1992 to 2002. In 1992, total assessed value for properties on Lake Padre and on the beach were• high and decreased in the following years. This is the main reason for the negative CAGR for beach properties and the small figure (less than one percent) for Lake Padre properties for the 10 -year period. North Padre Island, in total, including waterfront and non- waterfront properties had a CAGR of 9,1%, i.e., properties grew on average 9.1°% per year between 1992 and 2002. The following table summarizes growth rates for Padre Island by location of properties. Table 10. Padre Island Growth Rates by location --1992 -2002 Year Padre Mend Waterfront Lake Bomb Other • Non- .' All Properties) Condos Padre Waterfront Waterfront CAGR 1992 2002 9.10% 5.99% 0.77% - 3.96% 2.03% 10.19% CAGR 1993.2002 10.14% 727% 5.45% -2.30% 2.39% 11.06% fix:. Nueces County Appraisal District, Economics Researoh Associates L TIF Analysis for North Padre Island ..- Final Pape 10 • E. —261— • 0 TN Revenue Conclusions The following tables summarize the TIP District's estimated taxable value, grand total tax revenue and the incremental tax revenue from 2001 through 2022, Scenario 1 reflects an overall average annual growth rate of 9,1% from 2003 through 2012 and an annual growth rate of 3% from 2013 onwards. Scenario 2 reflects annual increase in taxable value of 24% for properties on Lake Padre and other water front properties excluding beach properties, Beach properties, existing condominium properties and properties without water frontage increase 9% in taxable value from 2003 through 2007 and 3% from 2008 onwards. Table 11. Scenario iIF District Taxable Value and Revenue, 2001. -- 2022 2001-2005 2006 -2010 2011 -2015 2036 -2020 • Taxable Value $590, 873,474 $909,709,774 $1,30D,406,021 $1,523,320,994 Grand Total Tax Revenue $8,553,266 $11,899,730 $15,964,864 $18,701,553 lncrementalTlFRevenue $2,338,110 $6,251,011 $10,693,770 $13,430,459 Accumulated T1F Revenue S2,338,110 $8,589,122 $19,282,891 S32, 713 350 Pourer: City of Corpus Christi, Nueces County Appraisal District, and Economics Research Associates 2021 -2022 $675,226,929 • $8,289,646 $6,181,209 s31494,559 Table 12. Scenario 2. TV District Taxable Value and Revenue, 20017 2022 • 2001 -2805 2006 -2010 2011 -2015 20164020 2021 -2022• • Taxable Value $601,808,948 $912,635,163 $1,072,871,721 $1,243,752,371 $551,305,402 Gaud Total Tax Revenue $8,711,564 $11,971,610 $13,171,464 $15,269,336 , $6,768,283 Incremental TIP Revenue $2,496,408 $6, 322, 891 $7,900,370 $9,998,242 $4,659,845. 'Accumulated TIP Reveirue ; $2,496,408 • $8,819499 $16,719,669 $26,717,912 $31,377,757 fiaRBEE City of Corpus Chris6,1 uac:es County Appraisal District, and Bconor3nica Research Associates TW Analysis for North padre island — Fi The following exhibit shows the growth in the TN revenue from both scenarios, - Exhibit 1.1IF Revenue Schedule, Scenarios 1 and 2 3041 2002 2001 2004 2009 7006 2007 2001 1040 2010 9011 2012 2012 21111 2016 2016 2017 2010 2010 2020 2011 1002 TV Analysis for North Padre bland — Final —263— Pape 12 r • The following table shows taxable values, grand tax revenue and incremental TM revenue from the two scenarios in thousands of dollars. Table 13. TlF Taxable Value and Tax Revenue Schedule, Scenarios 1 and 2 200i•2022 (000s) . . WAR TAXABALB VALUE GRAND TAX TIFREVENUE REVENUE Scenario 1 Scenario 2 Scenario 1 Scenario 2 Scenario 1 Scenario 2 2001 598,514 598,514 $1,426 11,426 5183 $183 2002 1107,589 1107,589 11,557 11,557 1314 $314 2003 5117,376 $118,803 $1,699 51,720 $456 $477 2004 $127,940 • $131,379 11,852 51,902 $609 $659 2005 5139,455 $145,524 12,019 12,107 $776 $864 2006 1152,006 5161,483 $2,134 $2,267 1928 31,061 2007 5165,686. $179,546 12,253 ,52,441 11,085 $1,274 2008 1180,598 1184,932 52,376 12,433 $1,246 51,303 2009 1196,852 1190,480 12,503 12,422 $1,411 11,330 2010 ' 1214,568 $196,194 12,634 12,409 51,580 11,354 2011 1233,880 1202,080 52,871 12,481 11,817 11,427 2012 5254,929 5208,143 13,130 $2,555 52,075 11,501 2013 1262,577• 1214,387 13,224 12,632 12,169 11,578 2014 1270,454 1220,819 53,320 52,711 12,266 11,657 2011 1278,567 1227,443. 13,420 12,792 , 12,366 11,738 2016 1286,924 1234,266 $3,523 32,876 12,468 11,822 2017 . 1295,532 1241,294 13,628 $2,962 $2,574 11,908 2018 1304,398 1248,533 13,737 33,051 .52,683 11,997, 2019 . 1313,530 1255,989 53,849 • 13,143 52,795 12,089 2020 . 5322,936 3263,669 $3,965 • 53,237 $2,910 52,183 2021 $332,624 ' 3271,579 54,084 13,334 13,029 52,280 2022 $342,603 $279,726 . 14,206 53,434 13,152 ' 12,380 TOTAL 563,409 $55,892 14,999,537 14,3112,374 538,895 131,378 Mum City of Carpus Mali, Nueces County Amend District, and Economics Research Associates TIF Analysis for North Padre Lid - Final Page 13 -264- Reinvestment Zone Number Two , . City of Corpus Christi, Texas EXHIBIT B Mop: Existing Uses and Conditions in the Zone Padre Island Tax Increment Finance District • Reinvestment Zone Number Two City of Corpus Christi, Texas EXHIBIT C • Mop: Proposed Improvements and Proposed Uses of Seal Property In the Zone 1 • Padre Island Tax incremen Financing DI Nuece ourrtv Scale In Feet Copylphf IMMO CO of Corpus Chrioll • IN. woo JR= Texas LEGEND TIF,Area (total acreage 1930.08) Corpus Christi City Limit Line TIF Area Boundary Line NV 15MAROI Cftg Of Corpus Chris% Kluft Depirtment Reinvestment Zone Number Two City of Corpus Christi, Texas Project Costs and Estlntated Cash Flows Reinvestment Zone Number Two • City of Corpus Christi, Texas Packery Channel Protect Costs and Funding Protect Costs Land, easements, ROW • . Demolition Utility relocation Bite preparation Reach 2 Mobilization & demobilization Dredging • Reach 1 Mobilization & demobilization -Dredging Overdeplh Placement In placement areas Concrete bulkheads Anchored concrete bulkheads Containment Bheetpile/oap Sand bypass pipe Br idge scour protection Jetty construction Walkway curbing Concrete walkway Planning, engineering & design Construction management Maintenance dredging reserve(a) Mitigation costs Mollie Beattie monitoring Parking lot(b) Parks & recreation center(b) Finanoing, adman, reserves & rounding Funding Sources Corps of Engineers Series 2003 Bonds Series 2004 Bonds Series 2005 Bonds General Land Office Grant Surplus Tax Increments or Bonds(b) Corps of ' Total Zone Two Engineers $32,873 20,834 104,071 93,972 488,881 648,032 1,313,383 2,197,920 - 441,512 1,408,671 1,2339,408 2,899,930 0 0 321,800 524,510 9,118,639 88,236 •1,594,820 2,623,716 1,749,144 1,400,000 1,250,000 541,000 760,000 2,000,000 . 1,122,183 $32,873 7,292 104,071 32,890 170,408 228,111 459,684 789,272 154,529 493,036 433,783 1,014,976 0 0 112,560 183,579 3,181,524 • 30,883 558,187 918,301 812,200 1,400,000 437,500 • 189,350 750,000 2,000,000 1,122,183 $0 13,542 0 61,082 316,473 419,921 853,699 1,428,648 286,983 915,635 805,615 1884,955 0 0 209,040 340,932 5,927,115 57,353 1,036,633 1,705,415 1,136,944 0 812,500 351,650 0 $33,989,135 115,405,000 118,584,135 $18,584,135 $18,564,135 . 2,500,000 12,600,000 4,300,000 4,300,000 4,330,000 4,330,000 1,275,000 1,275,000 3,000,000 3,000,000 $33,989,135 $15,405,000 (a) Manintenanoe dredging reserve either to be financed born the proceeds. of Series 2005 Bonds or as funds become available from surplus tax increments, or a combination thereof. (b) Parks & recreation center and parking lot to be financed as funding becomes available from surplus tax Increments or bonds, or a combination thereof. 118,564,135 1,4100,000 1,275000 200% 105% 3.000,000 7.5011 Reinvestment Zone Number Two •1:744 a i Corpus Christi, Venus - Mockery Channel Bond Fund • Bonds issued: ser are- weer 06 Sig2004-.1an04 • Sar2001S-Jon 05 *500,000 4sa5o0 421!0.000 11,130,000 Teri I+eramsntHsse 7CcurabIAppr*Yad Volum 7002110 Apprelaed Veba: 0 .01e0Ye 107,eeo.7a2• 102,10,034 Pledged Resumes Debt Remise BeglRn1i11B CipbtredV Bond Fund PYE 11n1 Road Fond Zone Real Projected 11F interest 7731 You 8alanee Preperb14 Revenue (bp Earnings Series 2003 Smits2004 Pledes2005 • 51,188 2003 2002 61,156 7422458 761,974 ' 1,132 15,000 166,108 229,244 2004 2003 222274 32,933,000. 477,000 _4,242 194,792 194,792 ,15,000 271.490 500,724 2005 2004 500,724 :45,509,000 7199,000 9,283 187,500 376,250 - 583,750 15,000 89,513 59,257 2006 2005 580,237 59,854,000 884,000 10,919 157,500 322,500 375,575 555,575 15,000 c20.0150) 561,201 2007 2008 561.281 75.514000 1,081,000 10,384 187,500 322500 324,750 834.750 15,000 221,834 752.915 2008 2007 762,915 93,676,000 1,274000 14,484, 187,500 322,500 324,750 834,750 15,000 488234 1,221,543 2009 2008 1,221,649 90,052,000 1,303,000 22,801 187.500 322,500 324,750 834,750 15.000 4752851 7,897,409 2010 2009 1.687,450 104,610.000 1,390,000 - 31,404 167,500 372,500 324,750 634,793 15,000 511,854 2,200,153 2011 2010 2,2132153 • 110.T44,000 1,354,000 40,659 157,500 322,500 324,750 834.700 15.000 545,119 2,754,272 - 2012 2011 2,754272 118,210,000 1,427,000 50,954 167,500 572.500 324,750 834,70 15,000 624204 2000.000 362,477 2013 2012 3,000,000 122373,000 1,501,000 55,500 233,750 418,750 449,875 1,152,375 15,000 389.125 3,7100000 362125 2014 2013 2000,000 124517000 1,576,400 55,500 270,250 507,500 411,250 1,195,000 15,000 423,500 3,005,000 473,500 2015 2014 33,000,000 134,949,000 1,857,000 55,500 258.750 492,00 500,000 1,261,250 15.000 433250 5,000,000 436,230 2016' 2015 9.000000 . 141,675000 1,732000 55,500 357,500 573,750 485000 1,4140,E 15,000 362.150 3,000,000 3772,250 2017 2016 3,005,000 148,3 000 1.822,000 55,500 342,500 551,250 566,250 1,460,000 15,000 402,500 3,000,000 432,500 2018 2017 3,000,050 .155,424,000 1,906,000 65,500 327,500 625,030 640,000 1,592500 15,000 350,000 3.000,000 355,000 2019 2018 3.000000 183863.010 1,907,000 55.500 312,500 595,000 615,000 1,517,500 15,000 52000 3,000,000 920,000 2020 2019 3,000,000 170.119,000 2,069.000 55,500 • 393,750 661,250 876,250 1.731,250 15,000 3952340 5,000,000 X95250 2021 2020 3,000,000 177,799,000 2,183,000 55,500 371,250 720000 735,000 1,826,250 15,000 397,250 3,001,000 397,7,50 2022 2021 3,000,000 185,709,000 2,280,000 55,500 445,000 675,000. 706250 1,905250 15,000 414,250 3,000,000 414,750 2023 2022 3,000,000 16,658,000 2.580.000 51500 413000 726250 830.000 1.971.250 15.000 449,250 3,0012000 449,250 81063,974 • 806,751 5,488,542 9,180,000 9.017250 71,865,7712 315,000 4931.102 03 Te. yearn 700167302-NatApprsiadVYealegeOuse Wm /01 alba yews- ERIN *must 2002 repart- Sammie 2, knosted Tab! Appleina Velma Imp ERA DIER VAAL (6}Suns: fY7-Adaptedbudgtt, FY2=0=94FY202 .ORA August 24702rapal-9oelar%2 • (of TnelrelParhg*got foes d55,006andT1RZAdmtnh:00.108tpeu6ers10.000annuefi . Ames 11F Endhig Arellrble ter Fees R Ansel Cash Band Fond 1Nsinteninee Toni Errpen c le) Flew Bsisnee pr075010 1,7y; 1• issenn9Gons: • Io 6116 Fund B.98= • .„ City rails essfrate Bends • etionaieriessree. Espereic Hablenunea annual incE • interest 6cOlnit Reinvesbneid Zone Rilnlbcr Two CRY 07C0cpure MAW, Texas Packer)! Channel Madman= Dredging Costs 3.000.000 1,06000 350000 - Z00% 1.05% Resolnce3 Available for Maintenance Dredging Start .up and Total • • . Maintenance Maintenance • Mainternrice Available Ending • . ' PYE Tax Beginning Transfer born interest Reserve Beni Total Dr edging Lees Balance Atter 7131 Year • Balairce Bond Fund • Earnings Bonds Available Etvpanse Expenses City Advance CliyAdvance . . . : . . • . . . 2002 " 2001." - 0 • 0 • . .. ' 0 . 0 .• . 2003- ' • 2002 ' 0 - • . 0 • 0 . 0 232,747 (2747) 232,747 0 2004 2003 . . 0 0 0 ' 0 0 0 0 0 2005 2004 0 0 . 0 1,400,000 1,400,000 • 0 1,400,000 0 1,400,000 nos . 2005 1,400200" 0 25,900 1,425,900 0 1,425,900 0 1,425200 2007 2006 1,425,900 0 28,379 1.452279 0 1,432,279 0 10152279 2008 2007 1,452,270 0 20,667 . 1.479,146 350,000 1,129,146 0 1,129.140 2009 2008 1,129146 - : 0 20,859 1,150,036 357.000 733230 V 733.036 2010 2009 793.035 - 0 14.671 807,707 384,140 443,507 0 443,587 2011 2010 443.567 e 9,206 • 451,773 371,423 80,350 0 80.350 2012 2011 80,350 362.477 1.486 464,213 378,851 86.462 0 65.462 2013 2012 85.452 389,125 1,581 • 478,165 388,428 89,739 0 alma 2014 2013 89,739 . 423,500- 1,660 514,900 394,157 120.743 0 120,743 2015 2014 120.743,- 435,250 2,234 559.226 402.040 157.186 0 157,188 .2016 2015 157,185 362.250 2.908 522,944 410,061 112264 0 112,264 2017 2016 112264. 4112,500 2.077 516,140 419,282 98,558 0 08,556 2018 2017 98,568 358,000 1,823 456281 426,848 23,733 0 29,733 2019 2018 29,733 520,000 550 - 550263 mitt • 115,102 0 115.102 2020 2019 115,102 . 396,250 2.129 515,482 443,885 71,597 0 71,597 2021 2020 .- 71,597 . 397,250 ' 1,325 470,172 452.762 17.409 0 17,409 2022 2021 17,409 414,250 322 431,981 451,818 (9.836) 29,836 0 2023 2022 . • 0 449,250 •0 440,260 471,064 (21,604) 21,004 0 . 4.931102 141.0ee • 1400.000 6,756,497 - 264.307 CITY OF CORPUS CH RI STI , TEXAS TI RZ #2 'kiting Date: 8/26/2009 le: H:IPLN- DIR1SHAREDIGIS ProjectslLegalITIRZ21tirz2.mxd 'epared By: MikeN City of Corpus Christi, Texas 0 1,500 3,000 6,000 Feet —273— Exhibit B CI TY OF CORPUS CH RI STI • TEXAS TI RZ # 2 Current Land Use Printing Date: 8/25/2009 File: H:1PLN- DIR1SHARDIGIS ProJeets1LegallTlRZ21cIu.mxd Prepared By: MikeN S City of Corpus Christi, Texas Legend D rinse (77.1 &ulnepe Corridor FT. Profissfonei cap Current Land Use I,7Z Perk canna a.s minim ita Lass Dandy Raiderdlsl Mak; PBP Slims - %0; Medium Dankly Residental Industrial ?:Z1:: NiWnll Area High Orgy Resldenfel - Hsevy iidushyr • dim' %Wand - f l Mobile Hone 0 1,450 2,900 -274- 5,600 Feet Exhibit C CI TY OF CORPUS CH RI STI , TEXAS TI RZ # 2 Zoning OLO ' i 444444. ,,B ?A`IIOIPI R -1 B /SP101 -11 AT/SP/01-11 AJ 0 1,350 2,700 tinting Date: 8/26(2009 Ite: H:1PLN- DlR1SHAREDIGIS ProjeccslLegaIITIRZ2lzoning.mxd repared By: MikeN ■ City of Corpus Christi, Texas —275— 5,400 Feet Legend TIRZ #2 ED Zoning .. . Exhibit D CI TY OF CORPUS CH RI STI , TEXAS TI RZ # 2 Future Land Use MEI= i•l■ NNE Mt • • .•••■••••• 1••■•■•••• ••■■■•■• Legend C:1 TIRZ #2 Future Land Uee [77] ConservationiPreservation %Mar Natural Area rmjh Wetland Vacant .-14 AR PoN Drainage Corridor jJ Commardel ES1 Park a. Researcteusiriess Park .. Estate Residentiai = Tourism M Low Density Residential raged Publiaiemi Public Medium Density Residential ..*Zt: Light Industrie High Density Residential OM Heavy indussie Mobile Horns ProfessionaliMice rInting Date: 812612009 le: HAPLN-DIRkSJIAREDIGIS ProjectstegalITIRZ2diumxd repared By: MikeN City of Corpus Christi, Texas 0 1,375 2,750 5,500 -276- Feet Exhibit E PACKERY CHANNEL PHASE 2 - PACKERY CHANNEL PARKING & OVERLOOKS (NORTH & SOUTH SIDES) PHASE 4 - ADA RAMPS TO JETTIES (NORTH & SOUTH SIDES) Exhibit F '_��� 1 • • z ao mar TINCT t vou .14 �I S* Ammar ,. urgurDA�■ -1141 G7 IK N� 1[1,, SCALE : f" _ 400' JAN. 7, 2002 GLO LEASE TRACT 5 NM a lemma Ka aa. semom..RMI WINIMIIM /NR - NORTH PADRE ISLAND STORM DAMAGE REDUCTION AND ENVIRONMENTAL RESTORATION PROJECT PACKERY CHANNEL PUBLIC & QWIRONMENTAi FACILITIES PLAN : NORTH AND SOUTH ACCESS TO PACKERY arr OF aawa o_1 EMGIVtDIYC !!RN= E6wOIIEPIr COT Pmcsatcr oat 5fa MEL 1 ATTAci.NT Mai Ubs.t 1 of S i N v 741.1476: f ��e � ��ualereir IP7:ii;•,fid MEE inter a amom .arr ENov .sm, .Ni r; milt K Or s worm; CIT as Cern_ w sr Mrwsaw SCALE : 1"=300'laWl MEM NOV.. 7. 2001 NORTH PADRE ISLAND STORM DAMAGE REDUCTION AND ENVIRONMENTAL RESTORATION PROJECT PACKERY CHANNEL PUBLIC & ENVIRONMENTAL FACILITIES OVERALL PLAN — REACH CRT OF CORPUS CPR= CITY naouEcr no, ENC/112211/MS 5131121:52 0211211MENT 5122 AlTACIIIIIIIIIT tt.2 Shoat 2 IN II . ..... . ' 7••k t e „ I • , 7) Y .••• PROPOSED Rae AND • 7.3" r•I • t - . c---- eg^ 71- :r st•le- 4 r • /z.1. of, 1 soke : f" - 100 I= MIONIC• INNIM MN INV •=11= WSW. Wm NUR 1,1WIMIT II MI& a mown rt MN 110 011111111111 IC Mt WI MEW a ream= NA 0111.11131ft DEM 81 WWI IRENME. DEC. 13, 2001 3 NORTH PADRE ISLAND STORM DAMAGE REDUCTION AND ENVIRONMENTAL RESTORATION PROJECT PACKERY CHANNEL MEW & ENWRONMENTAL FACILITIES PIAN VIEW OW OCOMM PIM CM' wisierr EMBEEINNG swan DERIn 2.2 REV. 1 ATTACIIIMIT MeA Skeet 3 ef 1 n - t 71Z4vGo. 4464 Bou4s2v,.. kromp.....DIEtwo •• UAT Ste v I . . • 4.11 ••• '•••••1 ••• /7,1, Atotch--0,--vg4,YE,...., • 1 / si effii "? cup prier liver Z MN. 40 PROPOSED PAWING SPACEgt 117, A fis 44 I 4 Ta. SOLE 1" OO' It 1 mr MEM! • MEIN NW 141[141•Em a-Ewe/saw am. werwaramvaa Mg it (411110.11 gaff !MIMED 4 SW En moor STW lif elMt RE ennilmi MIMI 4E ill.•• .0ft.. DEC. 1J 200t A411\f„.47--- NORTH PADRE ISLAND STORM DAMAGE REDUCTION AND ENVIRONMENTAL RESTORATION PROJECT PACKERY CHANNEL PUBLIC & ENWRONMENTAL FACILITIES BEACH PARKING NORTH & SOUTH OF JETTIES OW OF CORMS CHM MUMMA BOINGES ocrommer n" INOJECT NO. 5122 RIM. 1 ATTAcNNfr Mal altaat. 4 at II b.l U; 1 k 14 -ii Zit jai SC,t� 4.; i' • w N3 J g $1I _ IV IR _ _i___ _1___ �_JL 1., ai.:,._i_ J— _1__._ L_a 4_1_ _ti____[. —ig+ ' q r it I gi co 16! 1 *1a 1 r 4 r r EXISTM %MOM MOW OREAS r1 . a• CIO LEASE DUCT 2 Q J SCS: 1'„ 100 .Is wwwl.. RIM _ neirrmom wow effm• az mown, 4F gm CIE014 RI DM R MN=E Awa MI . we Sto •MIM wwww.ww: NOV. 7, nor NORTH PADRE ISLAND STORM DAMAGE REDUCTION AND ENVIRONMENTAL RESTORATION PROJECT PACKENRY CHANNEL PUBLIC & ENVIRONMENTAL FAMES BEACH PARKING NORTH & SOUTH OF JETTIES' 1 CRY OP CM=w CRY ROW viammo sews GEMMEM IYEL 5122 REV. 1 AITACHINENT 11512 Me..t 5 of 5...,...---- NORTH ` 1 10 r.___, , „ I NORTH SIDE ua---1-----J-----I T , J 1 I I 1 I I r i L 1 ,BIL 1 J I I 1 I I C_� -Th.-177%- = �a ear ace RM.,. i•1 r I 1 I r L 1 ��__-i r jr i r 7 �JO I I j woeArra 1 r I r I T r r -I r'---T-'.'_-'ll l.Ee--1----1----1L-- -_ _.�_ a _,__� ___t -1--- r„,,,.__11----1----41- ___ 1 1a_ 1 1 1 r 1 1 1 OVERLOOK EL=6.55' PROP. FILL OUTFALL S1RUCfURE� -10 3 SOUTH SIDE En= omren r 1 r11pP. nEJ. 1 0111.14.15-1 L 11 11-ra75. I-10 ----� __J �_'--C---�1----J-dO 164+00 SEE DETAIL BELOW 270' 130' 140' 33' 64' 25' PARKING AREA INLET SIDEWALK EXIST. GROUND MINOR BULKHEAD r -20 + WATER EXCHANGE J PIPE EL=5.25' 1 f BULKHEAD EXISANG GROUND —L—,. EL =-1.75' 3 PROP. CHANNEL -14.25 EL =-14.75' NORTH SIDE HaRZ. SCALE : 1” = 10' vERr. SCALE : r" a 5' a '-- s er,rrrerr r NEIL It MR KC wr In rimer x MI erparr rtor rawe PON mammal MIME 0.- Finfm•mis Nov. r, 2001 164+00 1-20 a Ca+ NORTH PADRE ISLAND STORM DAMAGE REDUCTION AND ENVIRONMENTAL RESTORATION PROJECT PACKERY CHANNEL PUBLIC & EAIVIRONMENTAL FACYU IES TYPICAL CAROBS-SECrnoN NORTH HARKING LOT NEXT 10ENILITHEOI Car AFmow atm arr!11 3',1 DMINE0010 501110ES iE1MN7118rt x22 5122 ATTACISIIINTN..2 Sheol 8 al ase 1 has been completed with tax increments 1 of 8 Fykihit H —284— PACKERY CHANNEL SIX PACK IMPROVEMENTS Phase 11 Restroom Facilities at Seawall Parking Lot — South Parking Lot _r $4601742.61 Total $460,742.61 Phase 2 Packery Channel Parking and Overlooks $3,09•595 96 Total $3,109,595 96 Phase 3 Restroom Facilities at Packery Channel Northside $1,420,000 Southside $646,000 Total $2,066,000 Phase 4 ADA Ramps to Jetties Northside $145,000 Southside $145,000 Total $29o,000 Phase 5 Northside Pavilion Northside $1378,000 Phase 6 J Administration and Maintenance Building Northside $715,000 Phase 7 . Beach Parking Lots Northside $236,000 . Southside $643,000 Total $879,000 TOTAL IMPROVEMENTS $8,398,338.57 TOTAL IMPROVEMENTS IN REVISED PROJECT AND FINANCING PLANS $6,889,000 ase 1 has been completed with tax increments 1 of 8 Fykihit H —284— Packery Channel Improvements Restroom Facilities at Seawall Parking Lot PHASE 1 Southside Improvements Restroom Facility Sub -Total ' 10% 25% TOTAL $ 400,000 $ 400,000 $ 40,000 $ 100,000 $ 540,000 $ 540,000 This project is currently under Construction and is scheduled for completion in April on 2010 3/16/2011 —285— Packery Channel Improvements Packery Channel Parking and Overlooks PHASE 2 Northside Improvements Roadway to Lookout Area New Parking Area Fill Under Area Over Looks (7 units) 10' Walkway North Side (5" Thick) Lighting Landscaping Slope Protection $ 43,500 $ 432,000 $ 211,200 $ 175,000 $ 192,000 $ 150,000 $ 30,000 $ 375,000 Sub -Total $ 1,608,700 10% $ 160,870 25% $ 402,175 $ 2,171,745 Southside Improvements 10' Walkway South Side (5" Thick) Sub -Total 10% 25% TOTAL USE $ 165,000 $ 165,000 $ 16,500 $ 41,250 $ 222,750 $ 2,394,495 $ 2,400,000 This project includes the improvements on the north and south side of Packery Channel. North side improvements include seven (7) lookouts, new road to lookouts from existing boat ramp, new parking areas (204- 8' wide and 24- 11' wide handicap parking spaces), required fill under the parking areas and slope protection, 15' wide walkway along the length of the north side will also be constructed as part of this project. South side improvements will include 15' wide walkway along the length of the Channel. 3/1 6 /2011 -286- Packery Channel Improvements Restroom Facilities at Packery Channel PHASE 3 Northside Improvements Restroom Facility Parking Lot @ Restroom Facility Road & Tum Around Road to Zhan Rd. - East Side Lighting Landscaping SS Gravity Line to Tortuga Dunes Sub -Total 10% 25% Southside Improvements Restroom Facility Grinder Pump (1.5hp) 2" Discharge Line (2200 +300) Lighting Landscaping TOTAL $ 600,000 $ 72,000 $ 75,000 $ 146,650 $ 37,500 $ 10,000 $ 110,000 $ 1,051,150 $ 105,115 $ 262,788 $ 1,419,053 $ 400,000 $ 30,000 $ 37,500 $ 8,000 $ 3,000 Sub -Total $ 478,500 10% $ 47,850 25% $ 119,625 $ 645,975 USE $ 2,065,028 $ 2,066,000 This project includes construction of a Restroom on the north side of Packery Channel; having 3 commodes in the men and women bathroom, adjacent parking lot with 34 regular 8 -foot wide parking spaces and four 11 -foot wide handicap parking spaces. The project also includes turn around and road connectory to Zahn Road, and a 6" sanitary gravity sewer line from the restroom to a lift station on Zahn Road. Similar size restroom on south side with a lift station near restroom with grinder pump (1.5 HP) with 2" force main (approximately 2,500') will be a part of the project. 311 6/2011 —287— Packery Channel Improvements ADA Ramps to Jetties PHASE 4 Northside Improvements EIIIIIIIIIIIIIIIIIMIIIIIIIIIIIEIIIEIMBEIIIIIIIIIIBI ADA Ramp North Side $ 83,360 Lighting $ 8,000 Landscaping $ 3,000 Stairs (1 Northside) $ 12,500 Sub -Total $ 106660 10% $ 10,686 25% $ 26,715 $ 144,261 Southside improvements ADA Ramp South Side $ 83,360 Lighting $ 8,000 Landscaping $ 3,000 Stairs (1 Southside) $ 12,500 Sub -Total $ 106,860 10% $ 10,686 25% $ 26,715 $ 144,261 TOTAL $ 288,522 USE $ 290,000 This project will include the stairs and ADA ramp on the north side and the south side of Packery Channel to provide access from the beach to lookouts and parking lots. 3/16/2011 -288- Packery Channel Improvements Northside Pavililon PHASE 5 Pavel ion Expansion $ 650, 00 Sub -Total $ 650,000 10% $ 65,000 25% $ 162,500 $ 877,500 TOTAL $ 877,500 USE $ 878,000 This project includes the pavilion expansion on the north side restroom. This will allow the deck area - around the restroom and some sitting areas for visitors. -289- Packery Channel Improvements Administration and Maintence Building PHASE 6 Northside improvements Maintenance Building $ 324,000 Administration Building $ 120,000 Lighting $ 25,000 Landscaping $ 10,000 Parking Lot $ 49,995 Sub -Total $ 528,995 10% $ 52,900 25% $ 132,249 $ 714,143 TOTAL USE $ 714,143 $ 715,000 This project includes 30' X 60' maintenance building, 20' X 20' administration building, and 100' X 100' parking lot near the entrance to the Packery Channel lookout areas just south of Zahn Road. 3/16/2011 -290- Packery Channel Improvements Beach Parking Lot Improvements PHASE 7 Northside Improvements Description Cost Lighting $ 25,000 Landscaping $ 3,000 10' Walkway North Side (5 "Thick) $ 38,400 Roadway to Parking Area $ 45,000 Parking Lot $ 63,450 Sub -Total $ 174,850 10% $ 17,485 25% $ 43,713 Total $ 236,048 Southside Improvements Description C ost Lighting $ 50,000 Landscaping $ 10,000 10' Walkway North Side (5 "Thick) $ 76,800 Roadway to Parking Area $ 150,000 Parking Lot $ 189,000 Sub -Total $ 475,800 10% $ 47,580 25% $ 118,950 Total $ 642,330 TOTAL $ 878,378 USE $ 879,000 This project includes the construction of two parking lots near the ramp jetties on the north and south side of Packery Channel, The north parking lot proposes a minimum of 47 parking spaces and the south parking lot proposes a minimum of 140 spaces to be constructed. Both parking areas will be connected to existing roadways. 3/17/2011 —291— SEAWALL SAND MOVEMENT & RELOCATION PROJECT EXHIBIT I -292- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES DATE: 03/22/2011 19 AGENDA MEMORANDUM City Council Action Date: March 22, 2011 SUBJECT: Packery Channel, Phase 2 — Parking and Overlooks (Project No. 3400) CIP No: PR 27 AGENDA ITEM: A. Ordinance Amending Section 1 of Ordinance 028918, Adopted on January 11, 2011, which Transferred and Appropriated $500,000.00 of the Unappropriated Fund Balance in the No. 1111 Reinvestment Zone No. 2 Fund into the No. 3278 Packery Channel Projects TIF #2 Fund for the Packery Channel Maintenance Dredging and Beach Nourishment Project and the Packery Channel Phase 2 Parking and Overlooks Project, by adding the Seawall Sand Movement and Relocation Project to the Projects being funded; and Declaring an Emergency. B. Motion authorizing the City Manager, or designee, to execute a Change Order No. 1 to the construction contract with SafeNet Services, LLC of Corpus Christi, Texas in the amount of 240,233.20 for additional shoreline protection repairs for the Packery Channel, Phase 2 — Parking and Overlooks Project. ISSUE: Additional damage occurred to the shoreline protection revetment after the permit application was submitted to the U.S. Army Corps of Engineers. The Corps permit limited the work to the specific areas shown on the permit requiring a permit modification and change order to authorize the additional construction. Beach Sand Removal in front of the seawall is being added to the contract to redistribute sand prior to peak hurricane season. FUNDING: Funding is available from the Packery Channel Projects TIF #2 Fund. RECOMMENDATION: Staff recommends approval of the items as presented. Pete Anaya, P.E. Director of Engineering Services 361- 826 -3781 petean@cctexas.com Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Actions Exhibit "C" Change Order Summary Exhibit "D" Project Budget Exhibit "E" Location Map 1— MOME1KEVIN51GEN1PACKEliY13460Ph2Parking &OverlookeNCOIAGENDA MEMO.doc —295— Mich el Morris Director of Parks and Recreation 361- 826 -3464 michaelmo @cctexas.com AGENDA BACKGROUND INFORMATION SUBJECT: Packery Channel, Phase 2 — Parking and Overlooks (Project No. 3400) CIP No: PR 27 CHANGE ORDER: The proposed change order provides for shoreline protection to seven additional locations on Packery Channel. The locations are on the south side of the channel. The change order will result in the placement of approximately 2,886 tons of filter stone and rip - rap and the removal of approximately 15,000 -cy of sand from in front of the seawall to other positions on the beach between the south jetty and Whitecap Boulevard. The work on the beach will not begin until after all schools have completed their 2011 spring break season. The U.S. Army Corps of Engineer permit amendment to authorize the additional work was issued dated February 25, 2011. PROJECT DESCRIPTION: This project consists of improvements along the north and south sides of Packery Channel including seven (7) overlook structures, a parking lot and access road, pedestrian walkways, storm water structures, lightened bollards with electrical receptacles, conduit for roadway and parking lot lighting, landscaping, construction of concrete benches and repair of shoreline protection structures. CONTRACT TERMS: Change Order 1 will add 30 days to the anticipated completion time for a revised time of 258 calendar days, with completion anticipated in August 2011. RECOMMENDATION: The City's consultant, Freese and Nichols, Inc. and City staff recommend approval of the change order SafeNet Services, LLC in the amount of $240,233.20 for Packery Channel Projects, Phase 2 — Parking and Overlooks. PROJECT BACKGROUND: The Packery Channel Improvements project is a storm damage reduction and environmental restoration project performed by the United States Corps of Engineers (USACE) Galveston District in which the City of Corpus Christi was the local sponsor. The project consisted of a channel between the Gulf Intracoastal Waterway and the Gulf of Mexico, which provided material for beach nourishment and backfill at the base of an existing floodwall and water exchange between the Laguna Madre and the Gulf of Mexico. This project is Phase 2 of proposed Packery Channel Improvements. It is part of a multi - phased program to enhance the Channel area by including amenities for the use and enjoyment of the public. The approved FY 2010 Capital Improvement Program (CIP) includes the following five phases of improvements to Packery Channel and a sixth phase is included in the long -range CIP: Phase 1 — South Parking Lot Restroom Facilities (Complete) Phase 2 — Parking and Overlooks (This project - under construction.) Phase 3 — Restroom Facilities at Packery Channel ➢ Construction of a restroom on the north side of Packery Channel having 3 toilet fixtures H;\HONEMI EVINSSGENIPACKERY13400Ph2Parking &Overlcoks1COIAGENDA BACKGROUND.doc —2 9 6— EXHIBIT "A" Page 1 of 2 in the men and women's restrooms and an adjacent parking lot. Also includes turn- around and road connector to Zahn Road, and a 6 -inch sanitary gravity sewer Tine form the restroom to a lift station on Zahn Road. A similar size restroom on the south side with a lift station near the restroom will also be part of the project. Phase 4 — Ramps to Jetties D Construction of stairs and ADA ramps on the north and south sides of Packery Channel to provide access from the beach to the restrooms, overlooks and parking lots. (Design contract awarded to Freese and Nichols administratively) Phase 5 — Pavilion > Pavilion expansion on the north side restroom. This will provide for the deck area around the restroom and some sitting areas for visitors. Phase 6 — Administration and Maintenance Building (Long -Range CIP) > Construction of a 30' x 60' maintenance building and a 100' x 1000' parking lot near the entrance to the Packery Channel lookout areas just south of Zahn Road. H: MONIST. EVINSIGENTACKERYG4 OOP h2Parking &OverlookslCOS AGENDA BACKGROUND.doc —297— EXHIBIT "A" Page 2 of 2 PRIOR PROJECT ACTIONS SUBJECT: Packery Channel, Phase 2 — Parking and Overlooks (Project No. 3400) CIP No: PR 27 PRIOR COUNCIL ACTION: 1. February 10, 2009 -- Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Freese and Nichols, Inc. of Corpus Christi, Texas, in the amount of $152,806 for the Packery Channel Phase 2 project for design, bid and construction phase services for the parking and overlooks at the Channel. (Motion No. 2009 -029) 2A. February 24, 2009 - Ordinance appropriating $425,000 of unappropriated fund balance in the Reinvestment Zone No. 2 Fund 1111 for the Packery Channel Project; Changing the FY 2008 -2009 Operating Budget Adopted by Ordinance No. 027776 to increase appropriations by $425,000; and declaring an emergency. (Ordinance No. 028076) 2B. February, 24, 2009 — Motion authorizing the City Manager, or his designee, to execute a construction contract with Sal-Con, Inc. from Corpus Christi, Texas in the amount of $307,000 for Packery Channel South Parking Lot Restrooms 2008. (Motion No. 2009 -049) 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. November 9, 2010 A. Ordinance approving the transfer of $3,320,106.64 from No. 1111 Reinvestment Zone No. 2 Fund to and appropriating in the No, 3278 Packery Channel Projects TIF #2 Fund for the construction of Packery Channel Phase 2- Parking and Overlooks project and other projects relating to Packery Channel; amending the FY 2009 -2010 Capital Budget, adopted by Ordinance No. 028449, by increasing proposed expenditures and revenues by $881,1 06.64 each. (Ordinance No. 028837) B. Motion authorizing the City Manager, or his designee, to execute a construction contract with SafeNet Services, LLC of Corpus Christi, Texas in the amount of $2,371,927.61 for Packery Channel, Phase 2 — Parking and Overlooks for the Total Base Bid plus Additive Alternates No. 1 and No. 2. (Motion No. 2010-275) PRIOR ADMINISTRATIVE ACTION: 1. July 30, 2008 — Administrative approval of a Small A/E Agreement with Chuck Anastos Associates, LLC from Corpus Christi, Texas in the amount of $23,000 for the Packery Channel South Parking Lot Restrooms 2008 Project. 2. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 Projects to 206 engineering firms (86 local and 120 non - local). 1-t- 1kOME1KEVIN51GEMPACKERY13400Ph2Parking &Overlooks1C01 PRIOR ACTiONS.doe —298— EXHIBIT "B" Page 1 of 3 3. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 Projects to 206 engineering firms (86 local and 120 non - local). 4. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 Projects to 206 engineering firms (86 local and 120 non - local). 5. September 29, 2008 — Administrative approval of Amendment No. 1 to the Small A/E Agreement with Chuck Anastos Associates, LLC from Corpus Christi, Texas in the amount of $7,500, for a total re- stated fee of $30,500, for the Packery Channel South Parking Lot Restrooms 2008 Project. 6. October 29, 2008 — Administrative approval of Amendment No. 2 to the Small NE Agreement with Chuck Anastos Associates, LLC in the amount of $3,500, for a total re- stated fee of $34,000, for the Packery Channel South Parking Lot Restrooms 2008 Project. 7. March 16, 2009 — Administrative approval of Amendment No. 1 to the Contract for Professional Services with Freese and Nichols, Inc. in the amount of $13,211 for a total re- stated fee of $166,017, for the design of Packery Channel Projects, Phase 4 — Ramps to Jetties. 8. April 3, 2009 — Administrative approval of a Small A/E Agreement with Engineering and Construction Management Services in the amount of $5,000 for Packery Channel Projects, Phase 2 — Parking and Overlooks and Phase 4 — Ramps to Jetties for preparation of a beach construction certificate. 9. April 2, 2009 — Administrative approval of an Agreement for Geotechnical Testing Services with Rock Engineering and Testing Laboratory, Inc. in the amount of $2,430 for Packery Channel Projects, Phase 2 — Parking and Overlooks. 10. June 23, 2009 — Administrative approval of Amendment No. 3 to the Small A/E Agreement with Chuck Anastos Associates, LLC in the amount of $15,900, for a total re- stated fee of $49,900, for the Packery Channel South Parking Lot Restrooms 2008 Project. 11. November 22, 2009 -- Administrative approval of a Small A/E Agreement with URS Corporation in the amount of $24, 706 for the Packery Channel Projects, Phase 2 — Parking and Overlooks Project for the development of plans for the repair of the shoreline armoring. 12. December 14, 2009 — Administrative approval of Ratification for Construction Materials Testing with Rock Engineering and Testing Laboratory, Inc. in the amount of $299, for the Packery Channel South Parking Lot Restrooms 2008 Project. 13. February 3, 2010 — Administrative approval of Amendment No. 2 to the Contract for Professional Services with Freese and Nichols, Inc. in the amount of $12,113 fora total re- stated fee of $178,133 for Packery Channel Projects, Phase 2 — Parking and Overlooks. EXHIBIT "B" Page 2 of 3 H33iDME4KEV IHS4OEN4PACKE RY13400Ph2Parking &Overlooks4(.01 PRIOR ACTIONS.doc —299— 14. June 21, 2010 - Administrative approval of Amendment No. 1 to the agreement for Construction Materials Testing with Rock Engineering and Testing Laboratory, Inc. in the amount of $952 for a total re- stated fee of $1,251, for the Packery Channel South Parking Lot Restrooms 2008 Project. 15. October 18, 2010 - Administrative approval of a Small A/E Agreement with Engineering and Construction Management Services in the amount of $36,450 for the Packery Channel Projects, Phase 2 - Parking and Overlooks Project for construction management services. 1-1: I1-10MEWEVINSSGENLPACKERY13400Ph2Perking &Overlooks4C01 PRIOR ACTIONS. doc -300- EXHIBIT "B" Page 3 of 3 CHANGE ORDER SUMMARY CHANGE ORDER No 1 PROJECT No: 3400 CONTRACT TIME: 178 Operating Department: Parks & Rec Date: March 11, 2011 Name of Project: Packery Channel Projects -Phase 2, Parking & Overlooks Contractor: Safenet Services, LLC Contract Drawings, sheets 32A and 32C have been revised, and are hereby made a part of this change order and are attached hereto. The Contract quantities, Part F, are hereby revised as follows: CONTRACT ITEM F -1 Filler Stone F -2 Rip Rap 1 F -3 Rip Rap 2 CHANGE TOTAL Add 500 tons @$50.40 /ton Add 1,750 tons @61.20 /ton Add 636 tons @$61.20/ton $25,200.00 $107,100.00 $3 8,923.20 G -1 (New) Beach Sand Remove approximately Removal 15,000 cy of sand @$4.60/ton $69,000.00 TOTAL THIS CHANGE ORDER $240,233.20 Also attached hereto and made a part of this change order is the Construction Manager's assessment and the Contractor's proposal. Why was this change necessary? (If left off the plans and specifications, explain why) Durin the . eriod between the time o the surve the AE used or the desi n o the ri ra and the actual start o construction additional damages occurred to the shoreline protection creating a need to change the scope of the repairs. The .Beach Sand Removal is a new requirement added to this contract for administrative convenience. How can similar changes be avoided in the future? The AE should check the field conditions lust prior to the bidding process. A. CONTRACT PRICE $ $2,371,927.61 B. TOTAL CHANGE ORDER (include current) $ $ 240,233.20 C. NEW CONTRACT PRICE $ $2,612.160.81 D. THIS CHANGE ORDER $ $ 240,233.20 E. PERCENT TOTAL CHANGE (BIA) 10.1% F. PREVIOUS ADDN'L TIME AUTHORIZED 0 G. ADDN'L CONTRACT TIME THIS CHANGE ORDER . . 30 H. TOTAL ADDITIONAL TIME 30 -301- Exhibit C Page 1 of 1 PROJECT BUDGET PACKERY CHANNEL, PHASE 2 - PARKING AND OVERLOOKS Project No. 3400 March 22, 2011 FUNDS AVAILABLE: Reinvestment Zone No. 2 (Packery Channel) FUNDS REQUIRED: Construction (SafeNet Services, LLC) Change Order No. 1 Contingencies Consultant Fees: Consultant (Freese & Nichols, Inc.) Consultant (Engineering & Construction Management Services) Consultant (URS Corporation) Geotechnical Testing (Rock Engineering) Estimated Construction Materials Testing.. Reimbursements: Contract Administration (Contract Preparation /Award /Admin) Engineering Services (Project MgtfConstr Mgt/Traffic Mgt) Construction Inspection Finance Issuance Misc. (Printing, Advertising, etc.) TOTAL ESTIMATED PROJECT BUDGET BALANCE. -302- $3,383,800.00 $2,371,927.61 $240,233.20 237,192.76 $164,919.00 $36,450.00 $24,706.00 $2,430.00 $45,008.55 $53,368.37 83,017.47 83,017.47 29,649.10 11,859.64 $3,383,779.16 $20.84 EXHIBIT "D" Page 1 of 1 File : \ Mproject \counciiexhibits \exh3400c.dwg LOCATION MAP NOT TO SCALE PACKERY CHANNEL PARKING LOT AND OVERLOOKS VICINITY MAP NOT TO SCALE PROJECT # 3400 EXHIBIT "E" PACKERY CHANNEL PROJECTS, PHASE 2 = PARKING AND OVERLOOKS CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 2 DATE: 03/22/2011 — — File : \ Mproject \councilexhibits \exh3400pg2.dwg ADDITIONAL DAMAGE LOCATIONS (APPROX.) ,EX ►STING DAMAGE LOCATIONS (APPROX.) ADDITIONAL DAMAGE LOCATIONS (APPROX) PROJECT # 3400 SITE PLAN NOT TO SCALE 0 0 LL 0 u. J 0 EXISTING DAMAGE LOCATIONS (APPROX.) EXHIBIT 'E' PACKERY CHANNEL PROJECTS, PHASE 2 - PARKING AND OVERLOOKS CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 2 of 2 DATE: 03/22/2011 Page 1 of 3 ORDINANCE AMENDING SECTION 1 OF ORDINANCE 028918, ADOPTED ON JANUARY 11, 2011, WHICH TRANSFERRED AND APPROPRIATED $500,000.00 OF THE UNAPPROPRIATED FUND BALANCE IN THE NO. 1111 REINVESTMENT ZONE NO. 2 FUND INTO THE NO. 3278 PACKERY CHANNEL PROJECTS TIF #2 FUND FOR THE PACKERY CHANNEL MAINTENANCE DREDGING AND BEACH NOURISHMENT PROJECT AND THE PACKERY CHANNEL PHASE 2 PARKING AND OVERLOOKS PROJECT, BY ADDING THE SEAWALL SAND MOVEMENT AND RELOCATION PROJECT TO THE PROJECTS BEING FUNDED; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 1 of Ordinance 028918, adopted on January 11, 2011, is revised to read as follows: "SECTION 1. An amount of $500,000.00 of the Unappropriated Fund Balance in the No. 1111 Reinvestment Zone No. 2 Fund is transferred and appropriated into the No. 3278 Packery Channel Projects TIF #2 Fund for the Packery Channel Maintenance Dredging and Beach Nourishment Project, Seawall Sand Movement and Renourishment Project, and the Packery Channel Phase 2 Parking and Overlooks Project." SECTION 2. Upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the to day of March, 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROP ORD T[RZ #2 PLAN AMDMT 03152011 —305— Joe Adame Mayor r APPROVED AS TO FORM: March 15, 2011 einin First Assistant City Attorney For City Attorney APPROP ORD TIRZ #2 PLAN AMDMT 0315201/ —306— Page 2 of 3 Page 3 of 3 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 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 APPROP ORD TIRZ #2 PLAN AMDMT 03/52091 —307—