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Agenda Packet City Council - 09/27/2011
In In El 11 ma m Public notice is hereby given that a corporation meeting of the North Padre Island Development Corporation will be held on September 27, 2011 at 10:30 a.m., and a board meeting of the Tax Increment Reinvestment Zone (TIRZ) No. 2 Board will be held on September 27, 2011 at 11:00 a.m. 11:45 A.M. - Proclamation declaring the month of October 2011 as "National Domestic Violence Awareness Month" Proclamation declaring Sept. 30 — Oct. 1, 2011, as "1s`Annual Dr. Hector P. Garcia American GI Forum State Convention Days" Proclamation declaring October 2011 as "National Breast Cancer Awareness Month" and October 21, 2011 as "National Mammography Day" AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 SEPTEMBER 27, 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. If -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 as limitado, habra un interprete inglds-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 Pastor Kevin Jennings, Mt. Olive Lutheran 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 Priscilla Leal Council Members: Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick David Loeb John Marez Nelda Martinez Mark Scott City Manager Ronald L. Olson City Attorney Carlos Valdez City Secretary Armando Chapa Agenda Regular Council Meeting September 27, 2011 Page 2 CiTY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: Approval of Regular Meeting of September 20, 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 a supply agreement with Commercial Chemical Products, Inc. of Houston, Texas for approximately 432,500 pounds of sodium bisulfate solution for use at the Wastewater Treatment Plants in accordance with Bid Invitation No. BI -0159-11, based on only bid for an estimated semi-annual expenditure of $147,050. The term of the supply agreement will be for six months with an option to extend for up to five additional six-month periods subject to the approval of the Agenda Regular Council Meeting September 27, 2011 Page 3 3. al 5 CITY COUNCIL PRIORITY ISSUES (defer to legend at the end of the agenda summary) supplier and the City Manager or designee. Funds are available in the Wastewater Operations Budget in FY 2011-2012. (Attachment # 2) a. Ordinance appropriating $200,738 from anticipated revenues in the No. 1020 General Fund, changing the FY 2012 Operating Budget adopted by Ordinance No. 029155 by increasing revenues and expenditures by $200,738 each in the General Fund No. 1020 for additional meter equipment, computer rentals, and airtime for credit card machines, to accomplish the one-year rollout of the parking meter proposal. (Attachment # 3) b. Motion authorizing the purchase of parking meters from Duncan Solutions, Inc., of Carlsbad, California, for a total amount of $251,150, based on sole source award. Funds are available in the General Fund in FY 2011-2012. (Attachment # 3) a. Resolution authorizing the City Manager or designee to accept a grant of $73,276 from the Texas Department of State Health Services to provide for elimination and control of tuberculosis and to execute all related documents; and to ratify acceptance of the grant to begin as of September 1, 2011. (Attachment # -4) b. Ordinance appropriating a grant of $73,276 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide for the elimination and control of tuberculosis. (Attachment # 4) a. Resolution authorizing the City Manager or designee to accept a grant of $164,367.63 from the Texas Department of State Health Services to provide essential public health services and to execute all related documents; and ratify acceptance of the grant to begin as of September 1, 2011. (Attachment # 5) b. Ordinance appropriating a grant of $164,367.63 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide essential public health services. (Attachment # 5) Agenda Regular Council Meeting September 27, 2011 Page 4 A CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) a. Resolution authorizing the City Manager or designee to execute all documents necessary to accept a $275,007 grant awarded by the Corporation for National and Community Service for the Senior Companion Program. (Attachment # 6) b. Ordinance appropriating a $275,007 grant from the Corporation for National and Community Service in the No. 1067 Parks and Recreation grants fund for the Senior Companion Program. (Attachment # 6) 7. Motion authorizing the City Manager to execute an Agreement with Matrix Design Group, Inc., for Planning Services in an amount not to exceed $225,000; providing for a fixed fee of $200,910 for completion of the Joint Land Use Study and allowances for additional meetings or implementation of the Joint Land Use Study in an amount not to exceed $24,090 and provided that any allowance must first be approved by the City Manager or his designee. (Attachment # 7) 8. Motion authorizing the City Manager or designee to execute an agreement with Dusty Durrill for the donation and acceptance of the bronze sculpture "Wind Dancer" by the artist H.W. Tatum to be placed in Cole Park. (Attachment # 8) 9. Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with HDR Engineering, Inc., of Corpus Christi, Texas, in the amount of $97,250 for Downtown Streets - Chaparral (Street Signalization for Two - Way Conversion). (BOND 2008) (Attachment # 9) 10. Motion authorizing the City Manager or designee to execute Change Order No. 1 to the Construction Contract with Barcom Commercial, Inc. of Corpus Christi, Texas in an amount not to exceed $80,935.92 for a restated not to exceed fee of $5,605,935.92 for the Corpus Christi International Airport Rental Car Quick Tum Around Facility for additional concrete paving, electrical breakers, conduit circuits, electrical motor starters and pressure washers. (Attachment # 10) 11. Motion approving the application for street closure from the Texas Jazz Festival Society to temporarily close the following street sections for the Texas Jazz Festival; to take place Friday, October 21, 2011 through Sunday, October 23, 2011. (Attachment # 11) Agenda Regular Council Meeting September 27, 2011 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) a. The temporary street closure of Hughes Street between Chaparral and Mesquite Street, beginning at 9:00 A.M, Friday, October 21, 2011 and ending at 11:00 P.M., Sunday, October 23, 2011. b. The temporary street closure of Fitzgerald Street between Chaparral and Mesquite Street, beginning at 9:00 A.M, Friday, October 21, 2011 and ending at 11:00 P.M., Sunday, October 23, 2011. c. The temporary street closure of Mesquite Street between Hughes and Fitzgerald Street, beginning at 9:00 A.M, Friday, October 21, 2011 and ending at 11:00 P.M., Sunday, October 23, 2011. 12. Motion approving the application for street closure from the Faith Based Services Coalition to temporarily close the following street sections for the Corpus Christi Police Decision House Fall Festival; to take place Friday, October 28, 2011 through Saturday, October 29, 2011. (Attachment # 12) a. The temporary street closure of John Sartain Street between Water Street and Chaparral Street, beginning at 10:00 A.M, Friday, October 28, 2011 and ending at 12:00 A.M. Sunday, October 30, 2011. b. The temporary street closure of North Chaparral Street between Coopers Alley and John Sartain Street, beginning at 10:00 A.M, Friday, October 28, 2011 and ending at 12:00 A.M. Sunday, October 30, 2011. 13. Motion approving a time extension of a Special Permit (SP) originally granted and approved on August 24, 2010, see Ordinance No. 028735, upon the request of Proportional Prosperity, LLC, with regard to 2.12 acres of Las Colonias Unit 4, Block 1, Lots 25, 26, 27 located at 1302 Saratoga Boulevard on the northeast corner of Saratoga Boulevard and Calle Las Colonlas Drive, for the continued use of the property as a warehouse with outdoor storage. (Attachment # 13) 14. Second Reading Ordinance - Appropriating $6,061.55 in payments from Satterfield and Pontikes Construction, Inc. in Fund No. 3530 for the Flour Bluff Drive Phase 1 Improvements Project for reimbursement of work performed for Wal-Mart; changing the FY2012 Capital Improvement Budget adopted by Agenda Regular Council Meeting September 27, 2011 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the and of the agenda summary) Ordinance No. 029135 to increase revenues and expenditures by $6,061.55 each. (First Reading 09120111)- (Attachment # 14) 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. Executive session pursuant to Texas Government Code Section 551.071 regarding Cause No. 2011 CCV1933-2 styled Mike Hummell and David Barabino, Plaintiffs v. City of Corpus Christi, Defendant in the County Court at Law No. 2, Nueces County, Texas, with possible discussion and action in open session. J. PUBLIC HEARINGS: 15. Public Hearing and Second Reading Ordinance - Abandoning and vacating a portion of a 20 -foot wide undeveloped, dedicated public right-of-way out of Lot 7, Section 19, Bohemian Colony Lands, said public right of way located between the Yorktown Boulevard public rights of way and Oso Creek, and south of the Schanen Ditch drainage right of way; subject to compliance with the specified conditions. (First Reading — 09120111) (Attachment # 15) fIN REGULAR AGENDA CONSIDERATION OF MOTIONS RESOLUTIONS, AND ORDINANCES: 16. a. Ordinance approving an amendment to the revised Project and Financing Plans for the Reinvestment Zone Number Two, City of Corpus Christi; approving the grant of authority to the Zone's General Manager to decide whether the expenditure of the Zone's funds should be handled by the City of Corpus Christi or North Padre Island Development Corporation; authorizing the City Manager to expend less than $50,000 on repairs to public infrastructure and Agenda Regular Council Meeting September 27, 2011 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) equipment in the Packery Channel project area with funds from the Zone's Maintenance Reserve; providing for publication. (Attachment # 16) b. Ordinance approving the appropriation and transfer of money from the No. 1111 Reinvestment Zone No. 2 Fund to the No. 3278 Packery Channel Projects TIF #2 Fund for Packery Channel projects; making conforming changes to the Three Year Revenue and Expenditure Projection for Reinvestment Zone No. 2 Fund in the FY 2011-2012 Budget. (Attachment # 16) c. Ordinance changing the Three Year Revenue and Expenditure Projection for Reinvestment Zone No. 2 Fund in the FY 2011-2012 Budget; authorizing the City Manager to expend funds from the Maintenance Reserve for necessary repairs within the Packery Channel project area. (Attachment # 16) d. Motion authorizing the City Manager or designee to execute a construction contract with Apollo Environmental Strategies of Beaumont, Texas in the amount of $1,757,655 for the Packery Channel Dredging and Beach Nourishment for the Base Bid plus Additive Alternate No. 1. (Attachment # 16) e. Motion authorizing the City Manager or designee to execute Amendment No. 6 to the contract between the City and Texas A&M University — Corpus Christi (Division of Nearshore Research) in the amount of $293,400 for a restated fee not to exceed amount of $1,233,639 for Packery Channel Quarterly Monitoring for 2011-2012. (Attachment # 16) 17. Motion authorizing the City Manager, or designee, to execute a construction contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $2,720,346.50 for the Buddy Lawrence Drive from IH 37 to Antelope Street. (BOND 2008) (Attachment # 17) 18. Motion authorizing the City Manager or designee to execute a construction contract with Texas Sterling Construction Company of Houston, Texas in the amount of $6,318,966.32 for the Airline Road from Saratoga to Rodd Field for the Base Bid 2 (Full Phased Closure —Concrete). (BOND 2008) (Attachment # 18) Agenda Regular Council Meeting September 27, 2011 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 19. Motion authorizing the City Manager, or designee, to execute a construction contract award with to Ti -Zack Concrete; Inc. -of LeCenter, Minnesota for the Base Bid only in an amount not to exceed $1,272,812.50 for the ADA Improvements Group 2 Project. (BOND 2008) (Attachment # 19) 20. a. Ordinance appropriating $3,250,000 from the Federal Aviation Administration Grant No. 3-48-0051-048-2011 in the No. 3020 Airport Capital Improvement Fund to Upgrade Security Systems with Associated Electrical Systems at the Corpus Christi International Airport; amending the FY 2012 Capital Budget adopted by Ordinance No. 029135 to increase revenues and expenditures by $3,250,000 each. (Attachment # 20) b. Motion authorizing the City Manager, or designee, to execute a Construction Contract with B. E. Beecroft Construction, Inc. of Corpus Christi, Texas in an amount not to exceed $2,493,665.79 for the Corpus Christi International Communications Center, Perimeter Security, Standby Generator and Commercial Aviation Apron Lighting Upgrades. (Attachment # 20) 21. Resolution authorizing the City Manager or designee to execute Memorandum of Agreement Number AJW-FN-CSA-11-250 in the amount of $194,386.77 between the Federal Aviation Administration and the City of Corpus Christi, Texas for technical services associated with Runway Safety Project at Corpus Christi International Airport. (Attachment # 21) 22. Resolution requesting the appointment of new directors to the Lower Nueces River Water Supply District. (Attachment # 22) 00 a. Motion authorizing the appointment of M. E. Allison & Co., Inc. as Financial Advisor for the City of Corpus Christi, Texas General Improvement Bonds, Series 2011. (Attachment # 23) b. Ordinance authorizing the issuance of "City of Corpus Christi, Texas General Improvement Bonds, Series 2011" in an amount not to exceed $49,300,000, levying an annual ad valorem tax, within the limitation prescribed by law, for the payment of the bonds; prescribing the form, terms, Agenda Regular Council Meeting September 27, 2011 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) conditions, and resolving other matters incident and related to the issuance, sale; and delivery of the Bonds; including the approval and distribution of an Official Statement pertaining thereto; authorizing the execution of a Paying Agent/Registrar Agreement and a Purchase Contract; complying with the requirements imposed by the Letter of Representations previously executed with the Depository Trust Company; delegating the authority to the Mayor and certain members of the City Staff to execute certain documents relating to the sale of the Bonds; and providing an effective date. (Attachment # 23) 24. Ordinance appropriating $763,000 from the estimated program income revenue in the No. 1066 Health Grants Fund as State fiscal year 2011-2012 to fund laboratory and public health services for the period of September 1, 2011, through August 1, 2012. (Attachment # 24) 25. Resolution authorizing City Manager or designee to submit a grant application to the U.S. Department of Housing and Urban Development in the amount of $1,440,000 for the Coastal Bend Metropolitan Area Regional Sustainability Planning Grant, with a $360,000 in-kind match, to be shared among the Coastal Bend Metropolitan Area Sustainability (CBMAS) Consortium, and a total project cost of $1,800,000. (Attachment # 25) L. FIRST READING ORDINANCES: 26. First Reading Ordinance -- Appropriating $2,940.78 into the Library CIP Fund No. 3210, Project No. 120095, for improvements to the Anita & W. T. Neyland Public Library from the following sources: $2,440.78 from royalties from oil, gas and mineral interests bequeathed to the City Library from the Estate of William T. Neyland and $500.00 from clean energy credits; changing the FY 2011-2012 Capital Budget adopted by Ordinance No. 029135 to increase appropriations by $2,940.78. (Attachment # 26) 27. First Reading Ordinance -- Amending Code of Ordinances, Chapter 39, Personnel, Article III Employee Compensation and Classification System, to revise Section 39-303 by increasing the midpoint and maximum pay ranges in Pay Plan 400; repealing all other ordinances, and rules, or parts of ordinances and rules, in conflict with this ordinance; providing for effective date. (Attachment # 27) Agenda Regular Council Meeting September 27, 2011 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) - M. FUTURE AGENDA ITEMS AND UPDATES TO CITY COUNCIL: These items are for Council's informational purposes only. No action will be taken and no public comment will be solicited, 9.1 29. [CIe] FUTURE AGENDA ITEMS: a. Motion authorizing the City Manager or designee to accept a grant in the amount of $78,527.36 from the State of Texas, Criminal Justice Division to continue the Victims of Crime Act (VOCA) grant within the Police Department for Year 12 with a City cash match of $16,711.48, in-kind match of $4,000 for a total project cost of $99,238.84 and to execute all related documents. (Attachment # 28) b. Ordinance appropriating $78,527.36 from the State of Texas, Criminal Justice Division in the No. 1061 Police Grants Fund for funding available under the Victims of Crime Act (VOCA) Fund, and authorizing the transfer of $16,711.48 from the No. 1020 Cash Contribution to Grants to the No. 1061 Police Grants Fund as grant matching funds. (Attachment # 28) a. Resolution authorizing the City Manager or designee to submit a grant application to the Texas General Land Office's Coastal Management Program, in the amount of $31,097.04 for development of a master site plan for Surfside Park, located on the central portion of Corpus Christi Beach, with a City in-kind match of $20,731.36, and a total project cost of $51,828.40. (Attachment # 29) Resolution authorizing the City Manager or designee to submit a grant application to the Texas General Land Office's Coastal Management Program, in the amount of $31,599.24 for development of a master site plan for Dolphin Park, located on the central portion of Corpus Christi Beach, with a City in-kind match of $21,066.16, and a total project cost of $52,665.40. (Attachment # 29) a. Resolution ratifying acceptance by the City Manager or designee of grants from the U.S. Department of Housing and Urban Development ("HUD") for the 2011 Consolidated Annual Action Plan ("Plan") which consists of the Community Agenda Regular Council Meeting September 27, 2011 Page 11 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Development Block Grant Program ($3,921,174), Emergency Shelter Grant Program ($148,436), and HOME Investment Partnerships Program ($2,336,552) and authorizing the execution of all documents necessary to implement the Plan as authorized by HUD. (Attachment # 30) b. Ordinance appropriating grants from the U. S. Department of Housing and Urban Development in the No. 1059 Grant Fund for approved 2011 community planning and development projects as follows: $3,921,174 for the Community Development Block Grant Program; $148,436 for the Emergency Shelter Grant Program; and $2,336,552 for the HOME Investment Partnerships Program. (Attachment # 30) c. Motion ratifying the 2011 Emergency Shelter Grant Program funding agreements to be effective August 1, 2011. (Attachment # 30) 31. Resolution authorizing the City Manager or designee to execute an Interlocal Cooperation Agreement with the Corpus Christi Regional Transportation Authority for information technology system management assistance with reimbursement of City's costs, and ratifying effective date of August 1, 2011. (Attachment # 31) 32. Ordinance consenting to the assignment of a Ground Lease at Corpus Christi International Airport with Corpus Christi Developments 1, LLC doing business as Corpus Christi FXG, LLC to MREIC Corpus Christi TX, LLC; authorizing the City Manager or designee to execute all documents necessary to consent to the Assignment and Assumption Agreement between all parties. (Attachment # 32) 33. Motion authorizing the City Manager or designee to execute an agreement with K Space Contemporary for the donation and acceptance of art mural to be located at the Starr Street balustrade near North Lower Broadway Street. (Attachment # 33) Agenda Regular Council Meeting September 27, 2011 Page 12 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 34. Motion approving the application for street closure from K - Space Contemporary and Downtown Management District, to temporarily close the following street sections for Dia De Los Muertos Festival; to take place Friday, October 28, 2011. (Attachment # 34) a. The temporary street closure of Starr Street between Chaparral Street and Lower Broadway, beginning at 11:00 A.M., Friday, October 28, 2011 and ending at 1:00 A.M., Saturday, October 29, 2011. b. The temporary street closure of Lower Broadway, between Taylor Street and Peoples Street, beginning at 11:00 A.M., Friday, October 28, 2011 and ending at 1:00 A.M., Saturday, October 29, 2011. c. The temporary street closure of Mesquite Street, between Taylor Street and Peoples Street, beginning at 11:00 A.M., Friday, October 28, 2011 and ending at 1:00 A.M., Saturday, October 29, 2011. 35. Coastal Bend Health Facilities Development Corporation Agenda, Tuesday, October 11, 2011, 12:00 p.m. (Attachment # 35) 36. Coastal Bend Cultural Facilities Finance Corporation Agenda, Tuesday, October 11, 2011, 12:00 p.m. (Attachment # 36) 37. ESQ a. Resolution approving amendments to the Bylaws and Articles of Incorporation of the Coastal Bend Health Facilities Development Corporation. (Attachment # 37) b. Resolution approving amendments to the Bylaws of the Coastal Bend Cultural Education Facilities Finance Corporation. (Attachment # 37) a. Resolution supporting the Park Road 22 Bridge Project and Commitment of Necessary Funding for the Bridge Project in support of the Padre Island Canal System and associated Mixed Use Development. (Attachment # 38) b. Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Texas Department of Transportation for an Advance Funding Agreement for Agenda Regular Council Meeting September 27, 2011 Page 13 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Voluntary Local Government Contributions to Transportation Improvement Projects for the Park Road 22 Bridge. (Attachment # 38) c. Motion authorizing the City Manager or designee to execute a Memorandum of Understanding regarding developer's participation agreement with Asset Development Corp. and Gulf Shores Joint Venture of Corpus Christi, Texas for the Park Road 22 Bridge Project. (Attachment # 38) Motion authorizing the City Manager or designee to execute a professional engineering contract with Urban Engineering, Inc. of Corpus Christi, Texas in an amount not to exceed $1,072,714 for the Park Road 22 Project. (Attachment # 38) e. Motion authorizing the City Manager or designee to execute a professional engineering geotechnical services contract with Raba Kistner, Inc., of Corpus Christi, Texas in an amount not to exceed $59,850 for the Park Road 22 Project. (Attachment # 38) UPDATES TO CITY COUNCIL: 39. Fixed Base Operator (FBO) Development Plan (Attachment # 39) 40. Business Case Evaluation Results for Municipal Information Systems Competitive Assessment and General Services Fleet "Rig htSizi ng"/Com petitive Assessment (Attachment # 40) 41. Presentation of Sustainability Ordinances in association with Department of Energy Grant (EECBG) previously presented by HDR to Council on September 13, 2011. (Attachment # 41) 42. Presentation on Seawall Projects Currently Recommended by the Corpus Christi Business and Job Development Corporation (Type A Board) (Attachment # 42) N. PUBLIC COMMENT ON NON -AGENDA OR AGENDA 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 Agenda Regular Council Meeting September 27, 2011 Page 14 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the and of the agenda summary) 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.) ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. O. CITY MANAGER'S COMMENTS: Update on City Operations 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 _3:30 p.m., on September 22, 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. I PRESENT Mayor Joe Adame Mayor Pro Tem Priscilla Leal Council Members: Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick David Loeb John Marez Nelda Martinez* Mark Scott *Arrived at 12:03 p.m. MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting September 20, 2011 -12:00 p.m. City Staff: Assistant City Manager Oscar Martinez City Attorney Carlos Valdez Assistant City Secretary Mary Juarez Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Deacon Michael Mantz with the Diocese of Corpus Christi and the Pledge of Allegiance to the United States flag was led by Council Member Kevin Kieschncik. Assistant City Secretary Juarez called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. MayorAdame called for approval of the minutes of the regular Council meeting of September 13, 2011. A motion was made and passed to approve the minutes as presented. CONSENT AGENDA Mayor Adame called for consideration of the consent agenda (Items 2-4). There were no comments from the public. Council Member Leal requested that Item 2 be pulled for individual consideration. Assistant City Secretary Juarez polled the Council for their votes as follows: 3. MOTION NO, 2011-200 Motion authorizing the City Manager or designee to execute a Professional Services contract with Coym, Rehmet, & Gutierrez Engineering, L.P. of Corpus Christi, Texas in the amount of $236,127 for Paving Assessment Projects: Vaky Street (Swantner to Reid), Ivy Lane (Gollihar to Horne) and Clare Drive (SPID to McArdle). (BOND 2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye". —1— Minutes — Regular Council Meeting September 20, 2011 — Page 2 4. ORDINANCE NO. 029212 Amending the effective date of Ordinance No. 029142 making stopping, standing, and parking violation a civil offense from October 1, 2011 to January 1, 2012 and to provide a repealer. (First Reading — 09/13/11) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye". The following item was pulled for individual consideration and was voted on separately. MayorAdame called for comments from the audience and the following citizen spoke: Abel Alonzo. Assistant City Secretary Juarez polled the Council for their vote on Item No. 2 as follows: 2. RESOLUTION NO. 029211 Resolution approving an Electronic Procurement Policy for the Finance Department. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott, voting "Aye"; Leal voting "No". REGULAR AGENDA ITEM Mayor Adame referred to Item No. 5. City Attorney Carlos Valdez explained that this item is to authorize a contract with Bickerstaff, Heath, Delgado, Acosta, LLP for redistricting services. Mr. Valdez provided information on the legislative requirements to equalize populations; the collaboration effort between Del Mar College District and Corpus Christi Independent School District (CCISD); the Request for Qualification (RFQ) process; the responders and ratings; and recommendations. Mr. Valdez added that Del Mar College District has adopted the recommendation of the Bickerstaff firm and CCISD financing committee is recommending Thompson & Horton, LLP. MayorAdame called for comments from the audience and the following citizen spoke: Abel Alonzo. Assistant City Secretary Juarez polled the Council for their votes as follows: MOTION NO. 2011-201 Motion authorizing the City Manager or designee to negotiate and execute a contract with Bickerstaff, Heath, Delgado, Acosta LLP for Redistricting Services. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye". FIRST READING ORDINANCES MayorAdame referred to Item 6. Miguel Saldana, Senior Planner explained that this item is a request for closure of a 20 -foot wide right-of-way as part of the development of Ranch Lake Unit 2 subdivision. Mayor Adame called for comments from the audience and there were none. Assistant City Secretary Juarez polled the Council for their votes as follows: 6. FIRST READING ORDINANCE Abandoning and vacating a portion of a 20 -foot wide undeveloped, dedicated public right-of- way out of Lot 7, Section 19, Bohemian Colony Lands, said public right of way located -2- Minutes — Regular Council Meeting September 20, 2011 — Page 3 between the Yorktown Boulevard public rights of way and Oso Creek, and south of the Schanen Ditch drainage right of way; subject to compliance with the specified conditions.. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye'. Mayor Adame referred to Item 7. Director of Engineering Services Pete Anaya stated that this item is the appropriation for Flour Bluff Drive Phase I improvements project for reimbursement of work performed for WalMart to relocate afire hydrant. Mayor Adame called for comments from the audience and there were none. Assistant City Secretary Juarez polled the Council for their votes as follows: 7. FIRST READING ORDINANCE Appropriating $6,061.55 in payments from Satterfield and Pontikes Construction, Inc. in Fund No. 3530 forthe Flour Bluff Drive Phase 1 Improvements Project for reimbursement of work performed for Wal-Mart; changing the FY2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase revenues and expenditures by $6,061.55 each. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye". FUTURE AGENDA ITEMS AND UPDATES TO COUNCIL Mayor Adame referred to the Future Agenda Item section on the agenda, Items 8 - 25. Mr. Adame stated that these items are for informational purpose only and that no action will be taken at this time. He said that the Council would address the items in two parts starting with Items 8 —16. The Council discussed items 9, 15, and 16. Mayor Adame then referred to Items 17 through 25. Johnny Perales, Assistant City Manager, addressed Items 17, 18, and 19 related to the Packery Channel. Mr. Perales explained that these items include convening meetings of the North Padre Island Development Corporation and Reinvestment Zone Number Two on September 27, 2011; amending the Project and Financing Plans forthe Reinvestment Zone NumberTwo; changing projections; and approving contracts for dredging and beach nourishment and quarterly monitoring. Director of Engineering Services Pete Anaya addressed Item 20, an appropriation and construction contract with B.E. Beecroft Construction, Inc. forthe Corpus Christi International Airport Communications Center, Perimeter Security, Standby Generator and Commercial Aviation Apron Lighting Upgrades. Mr. Anaya referred to a powerpoint presentation including the project location, schedule, and project costs. Director of Engineering Services Pete Anaya addressed Item 21, a construction contractwith Bay, Ltd. for the Buddy Lawrence Drive project from IH 37 to Antelope Street. Mr. Anaya provided a brief presentation on the project scope; project schedule; and budget. -3- Minutes — Regular Council Meeting September 20, 2011 — Page 4 Director of Engineering Services Pete Anaya addressed Item 22, a construction contract with Ti -Zack Concrete, Inc. for ADA Improvements Group 2 project. Mr. Anaya explained that the project includes funding from the Community Development Block Grant (CDBG) and Regional Transportation Authority (RTA). Mr. Anaya referred to a powerpoint presentation including the project locations of the sidewalks, ramps, and bus stops; the project schedule; and costs. Director of Engineering Services Pete Anaya addressed Item 23, a construction contract with Texas Sterling Construction Company for Airline Road from Saratoga to Rodd Field. Mr. Anaya referred to a powerpoint presentation including the overall project scope; the typical sections; phased full closure; partial closure; the life cycle analysis of concrete versus asphalt; project schedule; and project budget. Mr. Anaya reported that staff is recommending full (phased) closure with concrete. Senior Planner Miguel Saldana addressed Item 24, recommendation of a time extension of a Special Permit (SP) granted to Proportional Prosperity LLC located in the Las Colonias Unit 4 subdivision at 1302 Saratoga. Mr. Saldana referred to a powerpoint presentation including the existing land use map; the future land use map; oblique views; additional views of the subject property; and view of the storage facility. Mr. Saldana stated that Planning Commission and staffs recommended approval of the extension. Director of Parks and Recreation Michael Morris addressed Item 25, a proposed art donation of sculpture "Wind Dancer" donated by Dusty Durrill. Mr. Morris introduced James Gurley and artist H.W. "Buddy" Tatum. Mr. Gurley referred to a brief presentation of the statute including the inspiration behind the sculpture; the design; and proposed location at Cole Park. Mayor Adame referred to the Updates to City Council section on the agenda. Director of Parks and Recreation Michael Morris addressed Item 26, a presentation on the Parks, Recreation and Open Space Master Plan Update. Mr. Morris introduced Lloyd Lentz, Senior Landscape Architect with Halff Associates. Mr. Lentz referred to a powerpoint presentation including responses from phone and web survey; key issues to address in master plan; the approach; input gathering process; profile of survey responders; the current recreation activities; recreation wants; priority ranking process; top recreation priorities; and Phase 2 and 3 project scopes. CITY MANAGER COMMENTS Assistant City Manager Oscar Martinez stated that the Administration Committee wanted.to take this opportunity to introduce Celia Gaona, new City Auditor. Ms. Gaona thanked the Council for the opportunity and stated that she looked forward to working with the City Council. PUBLIC COMMENT The following citizens spoke during public comment: Huxley Smith — the concessions at Magee Beach and renovating the breakwater with Type A funds; Abel Alonzo — the work by the Water Department on the Energy Efficiency Toilet program; Carolyn Moon — passage of the ordinances regarding the sustainability plan; and June Martinez— Metrocom, EMT and ambulance services and response. There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 3:16 p.m. on September 20, 2011. 2 DATE: 9/27/2011 AGENDA MEMORANDUM for the City Council Meeting of September 27, 2011 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb@cctexas.com 361-826-3169 Award of a supply agreement: Sodium Bisulfate Solution (Bid Invitation No. BI -0159-11) RECOMMENDATION: Motion approving a supply agreement with Commercial Chemical Products, Inc., Houston, Texas for approximately 432,500 pounds of sodium bisulfite solution for use at the Wastewater Treatment Plants in accordance with Bid Invitation No. BI -0159-11, based on only bid for an estimated semi- annual expenditure of $147,050. The term of the supply agreement will be for six months with an option to extend for up to five additional six-month periods subject to the approval of the supplier and the City Manager or designee. Funds are available in the Wastewater Operations Budget in FY2011-2012. BACKGROUND AND FINDINGS: This chemical will be used for dechlorination at the Wastewaster Treatment Plants. The dechlorination is required by the Wastewater Discharge Permits. ALTERNATIVES: The bid submitted by Commercial Chemical Products, Inc. meets all of the City's bid requirements and is the only bid received. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This supply agreement conforms to all City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/NON-EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Wastewater Department —7= FINANCIAL IMPACT: ❑ Not Applicable X Operating Expense ❑ Revenue ❑ CIP Fiscal Year: 2011-2012 Project to Date Expenditures (ClP) Current Year Future Years TOTALS Budget $1,373,500.00 $1,373,500.00 Encumbered / Expended Amount $113,068.60 $113,068.60 This item $147,050.00 $147,050.00 BALANCE $1,113,381.4 $1,113,381.40 Fund(s): Comments: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid tabulation attached Approvals: Brian Narvaez, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie Rose, Assistant City Manager Foster Crowell, Director of Wastewater Operations CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GABRIEL MALDONADO COUNCIL DATE: 9/13/2011 1.0 Sodium Bisulfite Solution Award Total: BID TABULATION BI -0159-11 Commercial Chemical Products, Inc. Houston, Texas Qty Unit Unit Price Extended Price 432,500 lbs. $0.34 $147,050.00 $147,050.00 3 DATE: September 27, 2011 AGENDA MEMORANDUM for the City Council Meeting of September 27, 2011 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb@cctexas.com C5 361-826-3169 Amending the FY 2011-2012 Budget Ordinance to Increase Revenue and Expenditures for the One -Year Rollout of the Parking Meter Plan and Motion Authorizing the Purchase of Parking Meters CAPTION: A. Ordinance appropriating $200,738 from anticipated revenues in the No.1020 General Fund, changing the FY 2012 Operating Budget adopted by Ordinance No. 029155 by increasing revenues and expenditures by $200,738 each in the General Fund No. 1020 for additional meter equipment, computer rentals, and airtime for credit card machines, to accomplish the one-year rollout of the parking meter proposal; and declaring an emergency. B. Motion authorizing the purchase of parking meters from Duncan Solutions, Inc., Carlsbad, California, for a total amount of $251,150, based on sole source award. Funds are available in the General Fund in FY 2011-2012. BACKGROUND AND FINDINGS: The Police Department is responsible for management of the City's parking control operations. The Police Department's parking plan and reorganization initiative was first presented to city council in May 2011. On July 19,201 1,the city council adopted an amended ordinance updating parking meter rates and providing fora one-year rollout of the initiative. Operational expenses for the one-year program include airtime and the cost of leasing an additional laptop as well as the cost of purchasing the up-to-date additional and replacement meters recommended herein that are integral to implementation of the one-year plan approved by city council. ALTERNATIVES: None, with respect to amending the FY 2011-2012 budget ordinance. Additionally, this is a sole source purchase as Duncan Solutions, Inc. is the onlysupplier of parking meters that has all of the following attributes required by the City: 1) Wi-Fi capable, 2) no credit card transaction fees and 3) total integration with existing parking meters. As such, there are no alternatives that will allow the City to realize the parking plan and reorganization initiative as approved by city council. OTHER CONSIDERATIONS: In addition to the cost of the parking meters set out herein, the City will also incur fees on a month-to-month basis for credit card and Internet capability, licensing and support services in the amount of $4,708 per month as is anticipated and budgeted in the parking plan and reorganization initiative approved by city council. Because this cost is on a month-to-month basis, city council action is not required. CONFORMITY TO CITY POLICY: This purchase conforms to City purchasing policies and procedures and state statutes regulating procurement. -13- Emergency due to the required one-year rollout. DEPARTMENTALCLEARANCES: Office of Management and Budget Police Department FINANCIAL IMPACT: ❑ Not Applicable J Operating Expense ✓ Revenue ❑ CIP Fiscal Year: 2011-2012 Project -to -Date Expenditures CIP Current Year Future Years TOTALS Budget $0 $649,437.01* $0 $649,437.01 Encumbered / Expended Amount $0 $37,075.09 $0 $37,075.09 This item $0 $251,150.00 $o $251,150.00 BALANCE $0 $361,211.92 $0 1 $361,211.92 Fund(s): General Fund Comments: * $649,437.01 is comprised of the original FY 2011-2012 budget amount of $448,699.01 as approved by city council, plus the $200,738.00 to be appropriated by ordinance in Section A of this agenda memorandum. The original budget includes $50,412.00 for purchase of parking meters. Consequently, only $200,738.00 additional appropriation is necessary to complete the proposed purpose. RECOMMENDATION: Staff recommends approval of the revised ordinance and the motion as presented. LIST OF SUPPORTING DOCUMENTS: Revised Ordinance Bid tabulation Approvals: Brian Narvaez, Assistant City Attorney Trisha Dang, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie Rose, Assistant City Manager Oscar Martinez, Assistant City Manager Troy Riggs, Chief of Police —14— CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION PARKING METERS COUNCIL DATE: 09/27/11 0.00 1429500.00. + 459000.00 + 37000.00 + 249760.00 + 900-00 + 990.00 /+ 2519150.00 V 4 0.00 -15- DUNCAN SOLUTIONS, INC. CARLSBAD,CA Unit Extended ITEM DESCRIPTION QTY. UNIT Price Price 1. Duncan Liberty Single -Space Electronic 300 Each $475.00 $142',500.00 Meter w/ Credit Card Acceptance and Wireless Communication 2. Duncan Si Vehicle Sensor (Pole mounted, 300 Each $150.00 $45,000.00 integrated with Duncan Single -Space Meters) 3. Duncan Eagle Single -Space Electronic 200 Each $185.00 $37,000.00 Meter w/o Credit Card Acceptance and Wireless Communication 4. Duncan VM Kiosk Pay Station w/ Credit 4 Each $6,190.00 $24,760.00 Card Acceptance and Wireless Communication 5. Additional Cash Boxes for Duncan VM 2 Each $450.00 $900.00 Kiosk Pay Station 6. Freight 1 Each $990.00 $990.00 Award Total $251,150.00 0.00 1429500.00. + 459000.00 + 37000.00 + 249760.00 + 900-00 + 990.00 /+ 2519150.00 V 4 0.00 -15- ORDINANCE APPROPRIATING $200,738 FROM ANTICIPATED REVENUES IN THE NO. 1020 GENERAL FUND, CHANGING THE FY 2012 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 029155 BY INCREASING REVENUES AND EXPENDITURES BY $200,738 EACH IN THE GENERAL FUND NO. 1020 FOR ADDITIONAL METER EQUIPMENT, COMPUTER RENTALS AND AIRTIME FOR CREDIT CARD MACHINES, TO ACCOMPLISH THE ONE YEAR ROLLOUT OF THE PARKING METER PROPOSAL; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $200,738 is appropriated from anticipated revenues in the No. 1020 General Fund, changing the FY 2012 Operating Budget adopted by Ordinance No. 029155 by increasing revenues and expenditures by $200,738 each in the General Fund No. 1020 for additional meter equipment, computer rentals, and airtime for credit card machines, to accomplish the one year rollout of the parking meter proposal. 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 on this the of September, 2011. ATTEST: Armando Chapa, City Secretary Approved as to form: August 24, 2011 T. Triiha Dang Assistant City Attorney For City Attorney THE CITY OF CORPUS CHRISTI Joe Adame, Mayor -16- 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: [/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 David Loeb -17- m DATE: September 1, 2011 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, M.P.H., Annetter ancctexas.com 361-826-7205Work phone AGENDA MEMORANDUM for the City Council Meeting of September 27, 2011 Director of Public Health P - Tuberculosis Prevention and Control FY 11-12 Grant Approval and Appropriation of Funds CAPTION: Agenda Item: Resolution authorizing the City Manager or his designee to accept a grant of $73,276 from the Texas Department of State Health Services to provide for the elimination and control of tuberculosis and to execute all related documents; and to ratify acceptance of the grant to begin as of September 1, 2011. Agenda Item: Ordinance appropriating a grant of $73,276 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide for the elimination and control of tuberculosis; and declaring an emergency. BACKGROUND AND FINDINGS: The Texas Department of State Health Services (DSHS) has awarded a grant in the amount of $73,276 to provide funding for the elimination and control of tuberculosis beginning September 1, 2011 through August 31, 2012 to fund personnel fringe benefits, travel, supplies and contractual to support services to individuals who have tuberculosis or those who have a high risk of developing tuberculosis. ALTERNATIVES: Discontinue the Tuberculosis program; thus causing the grant to cease to exist for Tuberculosis services; this in itself could lead to major Tuberculosis outbreaks in the future. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds. —21— EMERGENCY/NON-EMERGENCY: One reading- grant contract begins September 1, 2011. DEPARTMENTALCLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department Finance — Federal Grants and Office of Management and Budget FINANCIAL IMPACT: ❑ Not Applicable X Operating Expense X Revenue ❑ CIP Fiscal Year: 2011-2012 Project to Date Expenditures CIP Current Year Future Years TOTALS Budget Encumbered / Expended Amount This item $73,276 $73,276 BALANCE $73,276 $73,276 Fund(s): Grant Comments: No fiscal impact to General Fund. Grant award of $73,276. Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Contract No. 2012-039062 Resolution / Ordinance Approvals: Elizabeth Hundley, Assistant City Attorney Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager -22- Resolution authorizing the City Manager or his designee to accept a grant of $73,276 from the Texas Department of State Health Services to provide for the elimination and control of tuberculosis and to execute all related documents; and to ratify acceptance of the grant to begin as of September 1, 2011. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or his designee is authorized to accept a grant of $73,276 from the Texas Department of State Health Services to provide for the elimi- nation and control of tuberculosis and to execute all related documents. Additionally, the City Council ratifies acceptance of the grant to begin as of September 1, 2011. ATTEST: Armando Chapa City Secretary APPROVED: September 1, 2011 Eliza h R. Hundley Assistant City Attorney for the City Attorney EHres296 TB Grant FY1112 20110901 —23— CITY OF CORPUS CHRISTI Joe Adame Mayor Page 1 of 2 Corpus Christi, Texas day of 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott EHrea296 TB Grant FY1112 20110901 -24- Page 2 of 2 Ordinance appropriating a grant of $73,276 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide for the elimination and control of tuberculosis; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Grant funding in the amount of $73,276 from the Texas Department of State Health Services is appropriated in the No. 1066 Health Grants Fund to provide for the elimination and control of tuberculosis. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of , 2011. ATTEST: Armando Chapa City Secretary APPROVED: September 1, 2011 /Q Eliza h R. Hundley Assikdnt City Attorney QT for the City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor EHord343 TB Grant FY1112 20110901 Page 1 of 2 -25- 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: Itwe, 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, Council Members 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 David Loeb John E. Marez Nelda Martinez Mark Scott EH0rd343 TB Grant FY1112 20110901 -26- Page 2 of 2 5 DATE: September 1, 2011 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, M.P.H., AnnetteRCcDcctexas. com 361-826-7205 AGENDA MEMORANDUM for the City Council Meeting of September 27, 2011 Director of Public Health Regional Local Services System grant FY 11-12 Grant Approval and Appropriation of Funds CAPTION: Agenda Item: Resolution authorizing the City Manager or his designee to accept a grant of $164,367.63 from the Texas Department of State Health Services to provide essential public health services and to execute all related documents; and ratify acceptance of the grant to begin as of September 1, 2011. Agenda Item: Ordinance appropriating a grant of $164,367.63 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide essential public health services; and declaring an emergency. BACKGROUND AND FINDINGS: The Texas Department of State Health Services (DSHS) has awarded a grant in the amount of $164,367.63 to provide funding for public health services beginning September 1, 2011 through August 31, 2012 to fund personnel, fringe benefits and supplies to support the provision of essential public health services including disease investigation and surveillance, laboratory services and. environmental health services. ALTERNATIVES: Discontinue the public health services program; thus causing the grant to cease to exist for public health services including disease investigation and surveillance, laboratory services and environmental health services; this in itself could lead to major outbreaks in the future. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds. -29- EMERGENCY/NON-EMERGENCY: One reading -grant contract begins September 1, 2011 DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department Finance - Federal Grants and Office of Management and Budget. FINANCIAL IMPACT: ❑ Not Applicable X Operating Expense X Revenue ❑ CIP Fiscal Year: 2011-2012 Project to Date Expenditures CIP Current Year Future Years TOTALS Budget Encumbered / Expended Amount This item $164,367.63 $164,367.63 BALANCE 1 $164,367.63 1 $164,367.63 Fund(s): Grant Comments: 16% reduction in funding this year. No fiscal impact to General Fund. Grant award of $164,367.63. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Contract No. 2012-039488 Resolution / Ordinance Approvals: Elizabeth Hundley, Assistant City Attomey Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager -30- Resolution authorizing the City Manager or his designee to accept a grant of $164,367.63 from the Texas Department of State Health Services to provide essential public health services and to execute all related documents; and to ratify acceptance of the grant to begin as of September 1, 2011. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or his designee is authorized to accept a grant of $164,367.63 from the Texas Department of State Health Services to provide essential public health services and to execute all related documents. Additionally, the City Council ratifies acceptance of the grant to begin as of September 1, 2011. ATTEST: Armando Chapa City Secretary APPROVED: September 1, 2011 Eliza0th R. Hundley Assistant City Attorney for the City Attorney EHres298 RLSS Grant FYI 112 20110901 -31- CITY OF CORPUS CHRISTI Joe Adame Mayor Page 1 of 2 Corpus Christi, Texas day of 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott EHres298 RLSS Grant FY1112 20110901 —32— Page 2 of 2 Ordinance appropriating a grant of $164,367.63 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide essential public health services; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Grant funding in the amount of $164,367.63 from the Texas Department of State Health Services is appropriated in the No. 1066 Health Grants Fund to provide essential public health services. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of _ .2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: September 1, 2011 .&dX-ttp"A Eliz*efi R. Hundley Assis ant City Attorney for the City Attorney EHord345 RLSS Grant FY1112 20110901 -33- Page 1 of 2 Corpus Christi, Texas day of 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Council Members 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 David Loeb John E. Marez Nelda Martinez Mark Scott EHord345 RLSS Grant FYI 112 20110901 -34- Page 2 of 2 0 City of C- AGENDA MEMORANDUM hn ti for the City Council Meeting of September 27, 2011 DATE: August 31, 2011 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director M ichaelMo(cDcctexas. com 361-826-3464 Appropriation of the Senior Companion Program (SCP) grant for 2011-2012 PURPOSE: A. Resolution authorizing the City Manager or designee to execute all documents necessary to accept a $275,007 grant awarded by the Corporation for National and Community Service for the Senior Companion Program. B. Ordinance appropriating a $275,007 grant from the Corporation for National and Community Service in the No.1067 Parks and Recreation grants fund for the Senior Companion Program; and declaring an emergency. BACKGROUND AND FINDINGS: The Senior Companion Program (SCP) assists low-income volunteers '55 years and over who are willing to serve as companions to homebound elderly and/or disabled persons 21 years of age or older. ALTERNATIVES: Discontinue Senior Companion Program (SCP). OTHER CONSIDERATIONS: Senior Companions can serve up to 40 hours a week. Companion benefits include a stipend of $2.65 an hour, a $1.50 meal reimbursement and either mileage reimbursement or bus tokens. In FY 2009-2010, 62 companions contributed 53,735 hours of service in our community. FINANCIAL IMPACT: The City of Corpus Christi provided $60,975 in the FY12 General Fund budget for a cash match for this program. Continued grant funding based on Federal and State appropriations. ❑ Not Applicable X Operating Expense ❑ Revenue ❑ CIP Fiscal Year: 2010-2011 Project to date exp (CIP Only) Current Year Future Years TOTALS Budget 60,975 Encumbered/Expended Amt. This item 275,007 Balance: 335,982 -37- Page 2 of 2 RECOMMENDATION: Staff recommends acceptance and approval of this grant. CONFORMITY TO CITY POLICY: City Council must approve and appropriate grant funding. EMERGENCY/NON-EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Parks and Recreation, Finance LIST OF SUPPORTING DOCUMENTS: Attachment — Notice of Grant Award (Corporation for National and Community Service) Cc: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager. "" For Oficial Use Only Notice of Grant Award Corporation for National and Community Service 601 Walnut Street, Suite 876 E Philadelphia, PA 19106-3323 Senior Companion Program _ Grantee City of Corpus Christi EIN: 746000574 1201 Leopard PO Box 9277 Corpus Christi TX 78469-9277 Award Information Agreement No.: J0SCWTX001 Project Period: 07/01/2010 - 06/30/2013 Amendment No.: 1 Budget Period: 07/01/2011- 06/30/2012 CFDA No.: 94.016 Award Description Authorize FY2011 fundine The purpose of this award is to assist the grantee in carrying out a national service program as authorized by the Domestic Volunteer Service Act of 1973, as amended (42 U.S.C., Chapter 22). Funding Information Previously This Award[ Total current Current Year Awarded Amendment Year This Year Total Obligated by CNCS $o $275,007 $275,007 Grantee's Unobligated $U $0 $0 Balance (Carryover) Total Available $0 $275,007 $275,007 Cumulative Funding for Project Period Total Awarded in Previous Years $275,007 Total CNCS Funds Awarded to Date $550,014 Source and Amount 2011--OPE[-P77-COO-61413-4101 $275,007.00 Special Conditions _ Costs allowed under this grant are limited to those categories contained in signed application package dated 5/11/11. Grantee shall prepare a Project Progress Report (CNCS-1020 for Senior Corps) semiannually at the end of the 2nd and 4th quarters of the budget period. The report shall be submitted to the Corporation Program Manager no later than 30 days after the end of the designated reporting period. The grantee shall be entitled to reimbursement for costs incurred on or after July 1, 2011 which if incurred before the signature date of this award, would have been reimbursed under the terms of this grant. Terms of Acceptance: By accepting funds under this grant, the Grantee agrees to comply with all terms and conditions of the grant that are on the Corporation's website at https://egrants.cns.gov/termsandconditions/FGPSCPTandC_Revised20101001.pdf, all assurances and certifications made in the Grant application, and all applicable federal statutes, regulations and guidelines. The Pagel For Oniciel Use -Only For Official Use Only Notice of Grant Award 601 Walnut Street, Suite 876 E Philadelphia, PA 19106-3323 Senior Companion Program City of Corpus Christi BIN: 746000574 1201 Leopard PO Box 9277 Corpus Christi TX 78469-9277 Grantee agrees to administer the funded Program in accordance with the approved Grant application and budget(s), supporting documents, and other representations made in support of the approved Grant application. Corporation for National and Community Service: MA Signature Lennette B. White Name (typed) Senior Grants Officer Date Lennette B. White, 215-964-6309 Grants Official LeRoy Minor, (512) 916-5671 Program Official Page2 For 0=4(T—' J Page 1 of 1 Resolution authorizing the City Manager or designee to execute all documents necessary to accept a $275,007 grant awarded by the Corporation for National and Community Service for the Senior Companion Program. Be it resolved by the City Council of the City of Corpus Christi, Texas, that: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a $275,007 grant awarded by the Corporation for National and Community Service for the Senior Companion Program. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor APPROVED: September 1, 2011 Lisa AguilaLAssistant City Attorney for the City Attorney -41- Corpus Christi, Texas Of 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott —42— Page 1 of 1 Ordinance appropriating a $275,007 grant from the Corporation for National and Community Service in the No.1067 Parks and Recreation Grants fund for the Senior Companion Program; and declaring an emergency. Be it ordained by the City Council of the City of Corpus Christi, Texas, that: SECTION 1. A $275,007 grant from the Corporation for National and Community Service is appropriated in the No. 1067 Parks and Recreation grants fund for the Senior Companion Program. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an .emergency measure this the _ day of September, 2011. ATTEST: Armando Chapa, City Secretary Approved: September 1, 2011 Lisa Aguila , ssistant City Attorney for the City Attorney -43- 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: [/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, Council Members 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 David Loeb John E. Marez Nelda Martinez Mark Scott —44— VA DATE: August 30, 2011 TO: Ronald L. Olson, City Manager FROM: Juan Perales, P.E., Assistant City Manager johnnyp@cctexas.com 361-826-3245 AGENDA MEMORANDUM for the City Council Meeting of September 27, 2011 Authorization to enter into a consultant contract with Matrix Design Group, Inc. to complete a Joint Land Use Study CAPTION: Motion authorizing the City Manager to execute an Agreement with Matrix Design Group, Inc., for Planning Services in an amount not to exceed $225,000; providing for a fixed fee of $200,910 for completion of the Joint Land Use Study and allowances for additional meetings or implementation of the Joint Land Use Study in an amount not to exceed $24,090 and provided that any allowance must first be approved by the City Manager or his designee. BACKGROUND AND FINDINGS: On June 1, 2011, the Defense Department Office of Economic Adjustment awarded the City of Corpus Christi a grant for $237,500 to complete a Joint Land Use Study. A Request for Proposals was completed and sent to planning and engineering firms and a notice was published on-line with the Association of Defense Contractors 360 publication. Six consultant teams responded with proposals. The Matrix Design Group, Inc. was the highest rated consultant based on their proposal presentation and answers to questions asked by the Joint Land Use Policy Committee. The Matrix Design Group, Inc. has more experience than any of the six firms submitting proposals and has received a national award for the Kingsville Joint Land Use Study. The Contract in Exhibit A is a 12 — 13 month work program for planning services to complete the Corpus Christi Joint Land Use Study: The Matrix Design Group has proposed an extensive public involvement process which includes creation of a JLUS website, community leader interviews, four public meetings and five public workshops. ALTERNATIVES: AECOM was also interviewed by the Policy Committee. AECOM has completed six Joint Land Use Studies. KSA submitted a proposal which indicated a great deal of airport master planning experience but did not list experience completing Joint Land Use Studies. KSA was not recommended for an interview by the Technical Advisory Group. HDR, Engineering submitted a proposal and indicated that the firm had completed one Joint Land Use Study. The Technical Advisory Group did not recommend a Policy Committee interview. Page 1 of 23 —47— OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Comprehensive Plan Element - Corpus Christi Policy Statements: Military Installations, Policy Statement: d. City Policies concerning areas adjacent to military airports should be consistent with Air Installation Compatible Use Zones (AICUZ). The purpose of military designated AICUZs is to achieve land use compatibility between military air installations and adjacent neighborhoods. Development policies consistent with these AICUZs will protect the health, safety, and welfare of the community. Comprehensive Plan Element - Flour Bluff Area Development Plan: Policy Statement B.5: The City encourages development that is compatible with the Naval Air Station, Waldron Field, and Cabaniss Field. Policy Statement B.S.a: The City encourages the Navy to continue purchasing any remaining clear zone areas as these are the most hazardous of the Navy's Air Installation Compatible Use Zones. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Department of Defense Office of Economic Adjustment (OEA) FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP Fiscal Year: 2011-2012 Project to Date Expenditures (CIP) Current Year Future Years TOTALS Budget 237,500 237,500 Encumbered / Expended Amount This item 225,000 225,000 BALANCE 12,500 12,500 Fund(s): 1072 Community Development Fund Comments: A grant of $237,500 was awarded to the City by the Department of Defense Office of Economic Adjustment with a commitment by the City to provide a 10% in-kind match of staff time. RECOMMENDATION: Approval LIST OF SUPPORTING DOCUMENTS: Exhibit I: Air Installation Compatible Use Zones Exhibit II: Joint Land Use Study Consultant Contract Approvals: Jay Reining, First Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager Page 2 of 23 EXHIBIT I: AIR INSTALLATION COMPATIBLE USE ZONES 4P `q pja O h � GI�NN ?AL � J ± N E A 0, ON R qa N ' r mz5�fmm��— ci'c&q�3 5 mpg ami eaxmm . �E'= b- �a `d'cv.gig_ 0 _.i J5�n�2wc5E y Page 3 of 23 EXHIBIT II: JOINT LAND USE STUDY CONTRACT Agreement for Consultant Services Corpus Christi Joint Land Use Study The City of Corpus Christi, Texas, hereinafter called "City", and Matrix Design Group, Inc., hereinafter called "Consultant', hereby agree as follows: I. SERVICES TO BE PERFORMED The Consultant hereby agrees, to perform all services, at their expense, necessary to research, document, and complete the scope of work to complete the project described as follows. A preliminary project schedule is shown on Exhibit A. This schedule illustrates the major work tasks, deliverables, and public involvement events (including committee meetings). The schedule must be fine-tuned in developing the formal project approach with Corpus Christi JLUS Team during Element 1. if. SCOPE OF WORK Element 1: Committee Formation, Project Kickoff and Project Strategy Element 1 accomplishes two major items. The first is the project strategy, which includes a kick-off meeting with City staff relative to contract initiation and project logistics. This task outlines project management and public involvement activities that will run from project start until JLUS completion. PROJECT KICK-OFF MEETING The Matrix Team shall conduct one (1) kick-off meeting with the Policy Committee (PC) and the Technical Advisory Group (TAG) to coordinate the start of the JLUS project. This meeting will cover the following topics: • Introduce and identify key members of the Matrix Team to City staff; • Suggest additional agencies, organizations, and individuals pertinent to the JLUS planning process; • Identify key individuals to be included in the stakeholder interviews (see Element 2: Tiger Team Interviews); • Propose a public outreach plan for public meetings, charettes, and website; and • Propose a Tiger Team Interview concept to ensure all stakeholders provide input. For this project to be successful, continuous interaction between the Matrix Team and City staff will be required. The Matrix Project Manager will be the key planning / technical contact to City staff and the Policy Committee and Technical Advisory Group. The Matrix Project Manager shall work routinely with staff during preparation of the JLUS to ensure a consistent approach is maintained, to resolve issues quickly, and to ensure the development of a superior product. Coordination conference calls with the City staff and the Matrix Team must be conducted at regular intervals to ensure all parties are up-to-date and project deadlines are being met. Element 1 Products: • One (1) Kick-off meeting with PC and TAG • Provide a list of recommended stakeholders • Public outreach plan, including meetings, charettes, and a website Element 2: Inventory and Mapping / Stakeholder Interviews The Matrix Team shall compile the most up-to-date and available data from the appropriate agencies to create a JLUS GIS Database. Spatial data mapped for the study area will include existing land use, future land uses, zoning, environmental constraints to development, infrastructure and transportation systems, AICUZ data, base operations/SOP and Corpus Christi International Airport data. Page 4 of 23 -50- It is the intent of this effort to use available mapping data that is provided to the Matrix Team. Matrix assumes that the State, County, local jurisdictions, and NAS Corpus Christi will provide available GIS information at no cost for use on this project. The JLUS GIS database, created by Matrix, will be considered the "warehouse" of all data collected, processed and used in this study. Since the GIS system accommodates an almost unlimited number of geographically referenced layers of information, it is an ideal tool for the storing, querying, and performing overlay analysis of interrelated and non -related data. Once the GIS database is fully populated with relevant information, it must be used to support this JLUS development. The City will provide all available data requested by Matrix in ESRI-compatible format. Matrix shall use the data to perform needed analysis, prepare figures for the JLUS, and to support workshops and meetings. The objectives for this task include the following: • Create a zoning district maps for study areas. • Map population and development trends within the study areas during the past five to twenty years and project future trends in 5 year increments up to at least the next 20 years. • Map environmental constraints. These constrains may include, but are not limited to floodplains, steep slopes, wetlands, ponds, open spaces, conservation areas, endangered species habitat, and protective agricultural or wildlife preserves. • Map and analyze information from adopted reports and studies including but not limited to: the most current NAS Corpus Christi (NASCC) Air Installation Compatible Use Zones (AICUZ) report, base operations/standard operating procedures, and Corpus Christi International Airport data. • Identify existing Comprehensive Plans, local codes, ordinances, and regulations that control or reduce potential conflicts between land uses and military operations or that could conflict with military operations. • Identify any infrastructure or community facilities and public improvements existing, planned or proposed in the study areas. These facilities may include but are not limited to universities, schools, roads, parks, hospitals, places of assembly, public buildings and complexes, stadiums, detention and retention ponds, water and sewerage extension, telecommunication facilities, alternative energy facilities which may conflict with AICUZ guidelines. • Identify and map areas where the existing density of residential or business development is inconsistent with AICUZ guidelines. • Identify and map areas where the existing uses are non -conforming with zoning and where the uses are also inconsistent with AICUZ guidelines. Where significant "data gaps" exist, Matrix shall inform City staff and the PC as early as possible. Matrix shall "fill in the gaps" where feasible with alternative methods of data procurement or substitute data must be discussed and provided by Matrix as necessary. "TIGER TEAM" STAKEHOLDER INTERVIEWS AND CONSULTATIONS Interviews are an opportunity to personally define and explain the project objectives or receive feedback, comments and suggestions directly and informally from stakeholders in an informal setting. These activities increase stakeholders' understanding of the project, including its purpose and need, while helping to resolve misunderstandings and to reduce opposition and concerns. Consultations should be reserved for select key stakeholders, such as elected officials, regulatory and government agency representatives, military officials, and City and County planners, and should occur during the initial task of the project. The stakeholder interviews must be conducted during a "Tiger Team Stakeholder Interview Week" to obtain critical information for the planning process and to identify compatibility factors. Matrix will conduct up to twenty (20) individual or group interviews, but not less than 15 interviews, during a one week session. Page 5 of 23 —51— DATA INVENTORY REPORT Following the first round of data collection, the Matrix Team shall provide a memorandum to the City's Project Manager detailing the data collected to date, data identified but not provided, and areas where typically utilized data is not available (or a source has not been identified). Using this memorandum as a basis, the Matrix Team shall work with the City's Project Manager and appropriate members of the TAG to collect missing data. JLUS BEST PRACTICES As part of this task, Matrix shall prepare an overview of best practice techniques and standard tools that are used to address compatibility. This information must be compiled based on the Consultant's extensive experience in developing JLUS documents as well as research we have conducted relative to best practices. Matrix currently maintains a library of all available JLUS as a reference. Element 2 Products: • Collect and review existing data sources and compile into a JLUS GIS Data Base that is in ESRI- compatible format. • Draft Data Inventory Report: One (1) electronic copy and eight (8) print copies. • Provide a review of existing regulations and other pertinent data • Create area maps of existing land use, future land use, existing zoning, environmental constraints, AICUZ safety zones, non-AICUZ compatible land uses • Conduct up to twenty (20) stakeholder interviews Element 3: Analysis of Land Used and Potential Conflicts with Military Mission Compatibility, in the context of military readiness, can be defined as the balance and / or compromise between the needs and interests of the community and the military. The goal of compatibility planning is to promote an environment where both entities can coexist successfully. Building on information collected in earlier tasks and from input provided by the PC and the TAG, the Matrix Team shall conduct an analysis of conditions in the study area to identify existing and future compatibility issues. This analysis will also identify the influence of regulatory measures on land use decisions and consider existing and projected development trends within the study area. The information collected must be used to identify trends and possible compatibility issues within the study area. Data to be analyzed includes the following key items: • Identify existing land uses located within current noise and aircraft hazard areas as identified in the NASCC AICUZs to determine compatible and incompatible uses and zoning. • Evaluate adopted Future Land Use and Transportation Plans with regard to potential conflicts / compatibility with AICUZs, base mission objectives, etc. • Identify growth objectives for the areas surrounding the NASCC and NALFs and evaluate against impact of anticipated study area growth on military missions and operations. • Evaluate planned NASCC, NALF Waldron and Cabaniss and CC International operating procedures and impact on surrounding communities and possible mitigation measures. • Identify potential conflicts between industry and other development plans that could impact NASCC and the NALFs and CC International. • Zoning Analysis - Identify areas where the existing zoning is not consistent with FAA and AICUZ guidelines. COMPATIBILITY FACTORS Matrix shall use and refine a set of 24 compatibility factors that have been used on previous JLUS programs to help ensure all compatibility issues are identified and addressed. These factors address items include, but are not limited to, vertical obstruction, noise, vibration, safety as listed on Exhibit B. Page 6 of 23 -52- Element 3 Products: Develop initial Compatibility Issues section of JLUS that will describe: Existing and future land use conflicts using a parcel level analysis. • Areas with existing or potential noise and safety hazards due to aircraft, ground training, and firing range use • Identify potential future aircraft or other noise generating operations at Corpus Christi NAS • Project the growth potential of the study area in relation to the military growth objectives using five year intervals at least out to 20 years. • Identify undevelopable and developable vacant land in the study areas. • Identify unique nature areas (flood plains, wetlands, open spaces conservation areas) that could create a permanent natural buffer between the military installations and residential/business development. • Identify threats to existing and future airport operations (NAS and CC International). • Identify any other compatible use related threats to existing or future air operations. Element 4: Analysis of Future Development Potential FUTURE DEVELOPMENT POTENTIAL ANALYSIS This task will focus on the future development potential of the study area. Using data and information collected and analyzed earlier in the process, including stakeholder interviews from the real estate and development industry, the Matrix Team shall develop future development scenarios for the study area and determine compatibility conflicts. Matrix shall complete the following key tasks: • Evaluate the impact of infrastructure expansion on developable vacant land in the study area. • Determine future growth scenarios in the study area. • Identify potential changes to the adopted Future Land Use and Transportation Plan to create compatible land uses for undevelopable and developable vacant lands. • Suggest methods and model ordinances for encouraging economic development consistent with AICUZs As mentioned above, information about existing land use, infrastructure capacity and expansion potential, safety / hazard areas, noise constraints, natural constraints, transportation systems, and so forth, must be factored into the development of the future scenario. This scenario must be prepared with input from City staff to ensure it is a realistic outcome for the area and strikes a good balance between compatibility resolution and economic development potential. FUTURE LAND USE IMPACT ASSESSMENT The Matrix Team shall use GIS mapping to facilitate preparation of the future land use scenario. This mapping must highlight compatibility conflicts with existing and future land uses, as well as identify any zoning district or Comprehensive Plan land use designation inconsistencies. As with previous tasks, this task will use the same set of 24 compatibility issues detailed earlier. Element 4 Products: • Produce land use maps that delineate the future development scenario. • Prepare a draft memorandum that summarizes the future scenario. Element 5: Develop Land Use Compatibility Recommendations EXISTING REGULATIONS / POLICIES The Matrix Team shall use the data and information collected during Tasks 1, 2, 3, and 4 to identify potential land use compatibility conflicts, develop land use compatibility maps and to identify proposed changes to the adopted Comprehensive Plan. Matrix shall provide maps of the draft land use compatibility analysis and assessment of AICUZs. Page 7 of 23 -53- Element 5 Products: Produce land use compatibility maps that delineate potential conflicts and proposed changes to the Comprehensive Plan. • Prepare a draft memorandum that summarizes the compatibility recommendations. Element 6: Land Use Compatibility Recommendations EXISTING REGULATIONS / POLICIES Matrix shall identify existing codes, land use regulations, ordinances, and policies that may reduce potential future conflicts between civilian land use and military operations and activities. The primary plans and programs that are currently used or applied in evaluating and addressing compatibility issues in the study area and the plans and programs used by the installation to direct its planning efforts must be examined. NEW REGULATIONS / POLICIES / IMPLEMENTATION STRATEGIES The Matrix Team shall identify potential new measures, both regulatory and non -regulatory, to encourage land use compatibility within the study area. Recommendations must be offered for the military, City of Corpus Christi, and agency partners in developing options that will meet local needs and will enhance relationships. Matrix shall develop specific implementation strategies tailored for the city and county governments. These strategies must include recommendations for operational changes to missions to mitigate off -installation impacts, as well as noise attenuation standards, land exchanges, land acquisition, development incentive programs, conservation easements, transferable development rights program (TDR), performance standards, special overlay zones, and special procedures for reviewing developments with potentially substantial impact within the study area. Matrix shall work closely with the PC and TAG in the development of the recommendations. Matrix must develop a process at the local level for the city and county to work with the State of Texas, NAS Corpus Christi, DoD and other federal agencies to support compatibility between development of regional renewable energy resources (if applicable) and NAS Corpus Christi military missions. The DoD Energy Siting Clearinghouse requirements and standards must be used to advise and guide this process to facilitate the early submission of renewable energy project proposals to the clearinghouse for military mission review. As a study, the JLUS must make recommendations for changes or additions to existing regulations or to recommend development of new regulations. The process to adopt these regulations will be conducted outside of this study by the affected jurisdictions and agencies, following each entities' process and public participation requirements. Element 6 Products: • Prepare a draft Recommendations section of the JLUS that includes strategies that address the issues and regulatory deficiencies identified. • Conduct public workshop forums to solicit input on JLUS findings and recommendations. Element 7: JLUS Report Development / Adoption The draft report must be organized into sections that provide a basis for the recommendations proposed. The organization proposed (and subject to discussions / modifications) could include: • Section 1, Introduction. • Section 2, Existing Conditions • Section 3, Compatibility Issues • Section 4, Existing Plans and Programs • Section 5, Recommendations • Appendices* Page 8 of 23 -54- "Appendices must include model ordinance(s) or existing ordinance modified Airport Overlay, Military Influence Area, BASH Ordinance, sales disclosure, etc. or other appropriate documents. PREPARE DRAFT JLUS The Matrix Team shall prepare a Draft JLUS for review by the TAG. The Matrix Team shall provide an electronic version and twenty (20) bound copies of the Draft JLUS report to the JLUS Staff for distribution, review, and comment. PREPARE FINAL RECOMMENDED JLUS After receipt of comments and further direction from the TAG on the Draft JLUS, the Matrix Team shall develop the Final Recommended JLUS. Matrix shall provide an electronic version and twenty-five (25) bound copies of the Final Recommended JLUS. This report must be submitted for public comment for a specified period of time as determined in consultation with the JLUS Team. At the completion of the review period, all comments must be consolidated in preparation of producing the Final JLUS. PREPARE FINAL JLUS REPORT Following the review of the Final Recommended JLUS reports by the public and the military, the Matrix Team shall prepare the Final JLUS. This report must include revisions and final comments from the JLUS Staff, committees, and the Office of Economic Adjustment (OEA). Twenty-five (25) high quality print copies of the Final JLUS must be provided by the Matrix Team. PREPARE DRAFT EXECUTIVE SUMMARY A Draft Executive Summary must be developed as a stand-alone document. This product must be provided to the City in electronic format along with five (5) print copies for review by the PC, TAG, and Corpus Christi NAS officials. FINAL EXECUTIVE SUMMARY Final comments must be consolidated into the Final Executive Summary. The Matrix Team shall provide this product in electronic format and eighty (80) print copies. PRESENTATION TO LOCAL GOVERNING BODIES The Matrix Team shall present the Final JLUS for consideration at one meeting each before the PC, Planning Commission and Corpus Christi City Council. The cost estimate provided in this proposal is based on the following assumptions: • Attendance at a total of three public hearings • The hearings must be schedule to occur during the same week, The adoption proposed is based on the acceptance of the JLUS and agreement to pursue implementation of the JLUS and its recommendations. Element 7 Products: • Prepare Draft JLUS report (five (5) electronic and twenty (20) print copies) • Prepare Final Recommended JLUS report (five (5) electronic and twenty-five (25) print copies) • Prepare Final JLUS report (five (5) electronic and twenty-five (25) print copies) • Prepare Draft Executive Summary (five(5) electronic and five (5) print copies) • Prepare Final Executive Summary (five (5) electronic and eighty (80) print copies) • Present Final JLUS to local governing bodies (three (3) meetings) Public Involvement Overview The Matrix Team shall use a very open and thorough public involvement process that allows no single interest to dominate and ensures that all segments in the affected study area have access to frequent and timely Page 9 of 23 -55- progress reports, meaningful and convenient methods of participation, and timely access to draft documents in advance of public workshops. Various methods must be used to facilitate the distribution of information and provide venues for effective public input. The Matrix Team shall facilitate, organize, and staff all public meetings, as well as prepare and distribute meeting minutes. POLICY COMMITTEE (PC) AND TECHNICAL ADVISORY GROUP(TAG) MEETINGS The purpose of the PC and TAG is to provide feedback and suggestions to the JLUS Team and to serve as communications liaisons to their respective stakeholder groups. These committees will be important in developing and maintaining relationships between key stakeholders, interested community members, and the JLUS Team. Note: Meeting 2 must be scheduled concurrent with the public forum to solicit input on JLUS findings and recommendations. The recommended discussion topics at the PC and TAG meetings are listed below: • Meeting #1 — Kick-off Meeting, review work plan, and identify preliminary compatibility issues. • Meeting #2 — Present results of compatibility findings; overview of future trends (community growth trends, foreseeable military operations), • Meeting #3 - Present the draft documents and receive comments on the draft recommendations. This meeting must be conducted during the public review period. • Meeting #4 — To be conducted between the compatability fundings and final draft document to provide additional discusssion and understanding for key stakeholders PUBLIC WORKSHOPS Matrix shall use 'workshops' that conveys a team -oriented environment to participants. These public workshops must give attendees an opportunity to discuss issues, review draft tools, and provide input on implementation strategies. A dual -format public workshop must be used. This format involves a traditional presentation and oral comment session that is preceded by an informal, open house poster station session staffed by Matrix Team members. The open house format allows individuals to speak to team members on a personal, one-on-one basis, while the presentation session allows individuals to make comments on the record. Per the RFP, Matrix shall conduct workshops at the key project milestones discussed below. In order to minimize costs, Matrix shall coordinate the scheduling of the public workshop on the same day or within on day of PC and TAG meetings. Public Workshop #1 — Introduction and definition of the JLUS project; Overview of existing conditions and land use and development trends; and military missions from NAS Corpus Christi. This workshop must be held at one (1) central location in the study area. (1 Workshop) Public Workshop #2 — Present draft compatibility factors, issues and location of areas of concerns. This workshop must be held at two (2) locations in the study area. (2 Workshops) Public Workshop #3 — Present draft recommendations and strategies. The draft document must be referenced. This public workshop must be conducted during the public review period. This workshop must be held at two (2) locations in the study area. (2 Workshops) GENERAL PUBLIC INVOLVEMENT AND COMMUNICATION TECHNIQUES it is essential to provide meaningful opportunities for interested parties to make contributions in shaping the outcome of the project. The following paragraphs detail the variety of outreach opportunities that are included in our Scope of Work for this JLUS. Page 10 of 23 -56- Project Website As part of the public involvement and communication process the Matrix Team shall create and host a project website to provide public and media access to project information, informational materials, and documents. The Matrix Team shall incorporate JLUS-related materials and other resources pertaining to compatibility planning on the website. The website address must be made readily available on all public information and media outreach materials produced by the Matrix Team. The Matrix Team shall invite local staff input on creation of a JLUS project websites. Sample JLUS websites include: www.camprileajius.com and www.campbuilisjlus.com JLUS Informational Brochures The Matrix Team shall prepare fifty (50) copies each of three (3) informational brochures to be distributed to the public during the JLUS planning process. These brochures must cover the following: 1. JLUS Overview/ Standard Compatibility Factors. The first brochure must describe the purpose, goals, and objectives of the JLUS program and an overview of the standard compatibility factors that could occur in the study area. 2. JLUS Strategy Toolbox. This brochure provides an overview of the strategy types that could be considered when addressing compatibility issues. 3. JLUS Executive Summary. The final brochure must be prepared to provide a summary of the Corpus Christi NAS JLUS. Public Involvement Overview Products: The Matrix Team shall develop a Public Involvement Plan in consultation with City staff, the PC and the TAG. Matrix shall obtain the services of local firm to assist in the execution of the Public Involvement Plan. A Public Involvement Plan must document: • Specific points in the process for each public involvement opportunity; • Detailed plans for engagement with the media to provide positive coverage of the JLUS throughout its development; • Recommendations for a Matrix -run project website design and purpose; • The design and purpose of each public outreach event; B. POINT OF CONTACT - The Assistant City Manager will designate a single point of contact for all communications, information, and documents to pass through. Any actions taken by the Consultant on instructions, information or concurrence provided by or through any other source will not be compensated under this contract. C. ORDER OF SERVICES - The Consultant agrees to begin work immediately after written authorization from the Assistant City Manager. III. FEES AUTHORIZED The City will pay the Consultant a total not to exceed fee of $225,000. This fee will be the full and total compensation for all planning services provided and expenses incurred in performing the tasks specified. The fee consists of a fixed fee for the Scope of Work, and an allowance for additional meetings and planning services for implementation of the Joint Land Use Study. The table "Summary of Fees" must be used when calculating the fee due for the proportion of services completed. The City will make prompt payments in response to Consultant's statements for Professional Services. Page 11 of 23 -57- Billing for services provided must be based on the Consultant's estimate of the percent of services complete at the time of billing. However, in no case may the billing exceed 95% of the fee for each phase until said phase is complete in the sole opinion of the Assistant City Manager or his designee. Consultant shall submit quarterly statements for work authorized by the Assistant City Manager and performed by the Consultant. The statement must be based upon Consultant's estimate and concurrence by the City of the proportion of the total services actually completed at the time of billing. The City will make prompt quarterly payments in response to Consultant's quarterly invoices. All invoices must be accompanied by a cover letter summarizing the fee in accordance with the Summary Schedule of Fees. Invoices must be sequentially numbered for each project and state the project name. The letter must state the number of the current invoice, the contract fee for each task, the amount previously invoiced for each task, and the current amount due. Invoices must be organized to accommodate funding sources. Summary of Fees: No. 1 Committee Formation, Project Kick Off and Project Strategy Completion Month 2 $12,920 2 Inventory and Mapping Month 5 $30,160 3 Anal sis of Land Use/Potential Conflicts with Military Mission Month 5 $12,410 4 Analysis of Future Development Potential in Study Area Month 6 $14,270 5 Develop Land Use Capability Recommendations Month 9 $17,510 6 Development of Land Use Capability Recommendations Month 11 $19,940 7 Prepare Final JLUS Report Month 12 $34,200 Subtotal not including meeting costs) $141,410 Two additional and two sets of public meetings Exhibit A $17,200 Six meetings/presentations Exhibit A $25,800 Public outreach option and local firm assistance Exhibit A $16,500 Total $200,910 Allowances (Must be Authorized) No. - Additional Meeting Cost not to exceed $4,300 per meeting To Be To Be Determined Determined Implementation To Be To Be Determined Determined Total Allowance $24,090 Grand Total Fixed Costs and Allowance $225,000 'Assumes two (2) staff and two (2) days of staff time and all reimbursable costs. Page 12 of 23 Inc IV. TERMINATION OF CONTRACT The City Manager may, at any time, with or without cause, terminate this contract upon seven days written notice to the Consultant at the address specified below. If termination occurs prior to the final completion of all work contemplated by this contract, the Consultant will be paid a reasonable compensation for the services actually rendered in accordance with the above-described schedule of fees and in proportion to the amount of work done on such stages or phases as have been authorized. The foregoing may not be construed to require the City Manager to compensate the Consultant for any services not performed in a proper, professional manner. V. NOTICE ADDRESS Correspondence concerning this contract shall be sent to the City and Consultant as follows: City: Consultant: Juan Perales, AICP Mike Hrapla, Principal / Project Manager Assistant City Manager Matrix Design Group, Inc. City of Corpus Christi 2435 Research Pkwy #300 P.O. Box 9277 Colorado, Springs, CO 80920-1070 Corpus Christi, TX 78469-9277 443-995-1295 361-826-3245 fax 443-274-6060 fax 361-826-3230 e-mail: mike—hrapla@matrixdesigngroup.com e-mail: johnnyp@cctexas.com VI. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The Consultant agrees that local liaisons will be used to the extent practical. VII. OWNERSHIP OF DOCUMENTS All documents including contract documents, reports, Consultant's field data, and deliverables data are upon payment of all fees owed under this agreement, be the sole property of the City. Those documents may be used by the City for other City projects, and with the exception of standard forms that are not specific to this project may not be used again by the Consultant without the express written consent of the Assistant City Manager. The City assumes sole liability for arising out of any reuse or modification of the Consultant's documents, except where the Consultant is found to be liable by a court or forum of competent jurisdiction. VIII. CORRECTING MATTERS Any extra cost and expense necessary to correct matters caused by failure of the Consultant or his/her sub - consultants to exercise a reasonable degree of professional care must be paid by the Consultant and not reimbursed by the City. IX. ASSIGNABILITY The Consultant shall not assign, transfer or delegate any of its obligations or duties under this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the Consultant's staff. No part of the Consultant's fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. Page 13 of 23 -59- X. INDEMNIFICATION. Consultant shall indemnify and hold City, its officers, employees or agents (`Indemnitees") harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted against Indemnitees on account of Injury or damage to person or property to the extent any such damage or Injury may be incident to, arise out of, or be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, the performance of this Agreement; an act or omission, negligence or misconduct on the part of Consultant, or any of Its agents, servants, contractors, or employees In performance of this Agreement. Consultant agrees to Indemnify and save harmless City, Its agents, servants, and employees, (`Indemnitees"), from any and all liabilities, losses, damages, or expenses, including attorney's fees resulting from the negligence or acts or omissions of Consultant, its employees, officers, agents or contractors, while In performance of this Agreement XI. INSURANCE The Consultant shall submit to the Assistant City Manager a certificate of insurance, with the City named as additionally insured, showing the minimum coverage set forth in Exhibit "C" by an insurance company acceptable to the City. XII. DISCLOSURE OF INTEREST In compliance with City of Corpus Christi Ordinance No. 17112, Consultant agrees to complete the City of Corpus Christi Disclosure of Interests form which is incorporated in the contract as Exhibit "D". CITY OF CORPUS CHRISTI By: Juan Perales, P.E. Date Assistant City Manager ATTEST: City Secretary Date APPROVED AS TO FORM: 1/90/ Assnt hY Attorney Date MATRIX ESI P, Its. B •• /J Authrized Represen tive Date v Z-0 1?V'L%ke'4T Page 14 of 2$ EXHIBIT A Project Schedule 4 x ' y• Element 3 Committee Formation, Project Kick-offand Project Strategy xy Elementl Inventory and Mapping .. �, 3 Element3:X tis15 ; Analysis of Land Use/ Potential Conflicts s a vrith Military Element 4: fi4 ; ii. '� Analysis of future SSiro Fi 4` .fl+y r Development Potential in Studykrea Elements: Develop Land Use CompatibilityFx, Recommendations a„;-yt s,Mr-q*.' ;xi�«'i rates t M F Element 6: R + Development of Land Use Compatibility Recommandatlons 3 , ,w; f `f'A49,3.' N 3 .� '-ate .,, ta'Fuul gptyniar ElPrnpaere '` �. , €= w ` i v ". 1W'. llws ;lidd� lI Final 1LUSReport "; .- c PMeatlnngqss —3 CWmnissiDn, "Council ir` r. ,. .Lommlttee , Public Allows '.`Meeting Workshop ".Publication Page 15 of 23 -61- EXHIBIT B Compatibility Factors Page 16 of 23 -62- Dust /Smoke/ Stearn VV Air Quai4 Page 17 of 23 -63- EXHIBIT C INSURANCE REQUIRMENTS A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance with applicable policy endorsements, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies except the Professional Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE NIINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation with Bodily Injury & Property Damage applicable policy endorsements required Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY $1,000,000 COMBINED SINGLE LIMIT including: 1. Broad Form 2. Products/ Completed Operations 3. Contractual Liability 4. Independent Contractors 5. Personal Injury/ Advertising Injury AUTOMOBILE LIABILITY to included $500,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2.. Hired—Non-owned vehicles PROFESSIONAL LIABILITY including: $1,000,000 perclaim / $2,000,000 aggregate Coverage provided shall cover all employees, If claims made policy, retro date must be officers, directors and agents prior to inception of agreement; have 1. Errors and Omissions extended reporting period provisions and identify any limitations regarding who is an Insured WORKERS' COMPENSATION Which Complies with the Texas Workers Compensation Act EMPLOYERS' LIABILITY $100,000/$500,000/$100,000 C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and with endorsements Page 19 of 23 -65- approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred must be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A -VII. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 Fax: (361) 826-4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non- renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. H. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. I. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. Page 20 of 23 J. Nothing herein contained shall be construed as limiting in anyway the extent to which Successful Consultant maybe held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. It is agreed that Consultanfs insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. Page 21 of 23 -67- Cityus EXHIBIT D ChS tl CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or fines seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with NA. FIRM NAME: )A A-1mi x 1 CN rvv P �Tt• C STREET: CITY.CITy4 ,CA6.rA0, r ri S ZIP:ao FIRM is: 1. Corporation_ 2. Partnership_ 3. Sole Owner_ 4. Association_ 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each employee of the City of Corpus Christi having an ownership Interest constituting 3% or more of the ownership in the above named firm. Name ` y ` Job Tale and City Department (if known) N n MAV - 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 We N n tax V 3. State the names of each board member of the City of Corpus Christi having an ownership Interest constituting 3% or more of the ownership in the above named firm. Name Board, Commission or Committee �y N E. 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 firth. Name Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. i1 Certifying Person:MIC4AP&J— Title: VI Ca PA4tStoPJw� l (Type ornnnn ) Signature of Certifying Perso • Date: �, �� 2x -m I Page 22 of 23 Q -C DEFINITIONS a. Board Member. A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. 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. C. 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. d. Official. The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges ofthe City of Corpus Christi, Texas. e. 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 holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. 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. —69— page 23 of 23 M CCity of = h�nsti DATE: August 31, 2011 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo(aDcctexas. com 361-826-3464 AGENDA MEMORANDUM for the City Council Meeting of September 27, 2011 Proposed art donation and location of sculpture "Wind Dancer", donated by Dusty Durrill PURPOSE: Motion to authorize the City Manager or designee to execute an agreement with Dusty Durrill for the donation and acceptance of the bronze sculpture "Wind Dancer" by the artist H.W. Tatum . to be placed in Cole Park. BACKGROUND AND FINDINGS: The bronze sculpture, Wind Dancer", by artist H.W. "Buddy" Tatum, has been commissioned by Dusty Durrill and offered as a donation to the City of Corpus Christi. The proposed location is a point of land at Cole Park between Amistad St. and Oleander Ave. ALTERNATIVES: Do not accept donation of art; do not accept proposed location. OTHER CONSIDERATIONS: The proposal includes an engineered and windstorm certified foundation, recessed lighting, and an ADA compliant walkway for easy and safe access to the proposed sculpture location. FINANCIAL IMPACT: o Not Applicable X Operating Expense ❑ Revenue ❑ CIP Fiscal Year: 2010-2011 Project to date exp (CIP Only) Current Year Future Years TOTALS Budget (maintenance) Encumbered/Expended Amt. This item Balance: Comments: Routine maintenance will be required. RECOMMENDATION: The Arts and Cultural Commission voted to recommend acceptance of this donation of art, "Wind Dancer' at their July 12, 2011 meeting. Commissioners requested that the lighting be white and make known there would be continuing maintenance costs. The Commissioners also suggested that the proposal be presented to the Parks and Recreation Advisory Committee, due to the possible implications of the Cole Park Master Plan. At their August 10, 2011 meeting, the Parks and -73- Page 2 of 2 Recreation Advisory Committee voted to recommend acceptance of the donation of art, 'Wind Dancer". Staff recommends approval of the Memorandum of Understanding. CONFORMITY TO CITY POLICY: When any work of art is placed on city property or becomes the property of the city by gift, together with the proposed location, the work of art may be submitted to the Arts and Cultural Commission for its recommendation to City Council. EMERGENCY/ NON -EMERGENCY: non -emergency DEPARTMENTAL CLEARANCES: Parks and Recreation, Legal, Risk LIST OF SUPPORTING DOCUMENTS: Powerpoint presentation Memorandum of Understanding Exhibit A — Proposed Sculpture Exhibit B — Map of Proposed Location Exhibit C — Insurance Requirements Cc: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager —74— WIND DA WJER By H.W. Tatum ted by Dusty Durrill The wind is a spirit, an ethereal energy That can't be captured or contained. we can only bend it, caress it, redirect It for a moment, tap its energy, flow with it and dance with it -75- 1 Sculpture -Designed by H.W. Tatum -Sculpture will be forged in bronze Encompasses the wind and the water Latitude: 27-46'0.75"N Longitude: 9723'3.06"W -on Ocean Drive between Amistad and Oleander Ave. •A popular spot in Corpus Christi for windsurfing. -overlooks the bay and downtown -Walkway is frequently used for recreation of all sorts. Pedestal -The ordinal and cardinal points of a compass -Serve as benches -Pedestal will be constructed wilth concrete and granite 2 -76- 3 -77- AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND DUSTY DURRILL FOR DONATION AND ACCEPTANCE OF A SCULPTURE RECITALS THIS AGREEMENT ("Agreement"), is made this _ day of , 2011, by and between the City of Corpus Christi ("the City"), and Dusty Durrill ("Donor"), for the purpose of establishing a contractual relationship under which Donor will procure and donate, deliver and install, and the City will accept, a bronze -case sculpture including lighting, pedestal, and a walkway, for display on City property at the Cole Park, Corpus Christi, Texas. WHEREAS, Donor's agent has provided a letter to the City outlining the Donor's offer to commission the creation of an original cast bronze sculpture ("the Sculpture") from artist Buddy Tatum ("the Artist") with the intention of donating the same to the City as a gift; and WHEREAS, the City and Donor (collectively "the Parties") desire to formalize their contractual relationship regarding the procurement and transfer of the Sculpture, and to define their rights, obligations and liabilities therefore; NOW, THEREFORE, in consideration of the mutual promises set forth herein, it is agreed by and between the parties as follows: TERMS 1. Donation of Sculpture, lighting, pedestal, and walkway. Donor agrees to procure and donate the Sculpture to the City, and the City agrees to accept the sculpture, according to the terms of this Agreement. In addition, Donor agrees to procure and donate the support pedestal, lighting, and a walkway, for City Manager review of plans and acceptance. 2. Specifications of Sculpture. The Sculpture shall be a bronze -case creation by artist Buddy Tatum, as shown and represented in the drawings and photos included as Exhibit 1, attached to this agreement and herein incorporated. The estimated dimensions of the Sculpture are: 16'height x 2.3'width x 10.5'depth. The estimated weight of the sculpture is 1,700 pounds. The Sculpture shall include a bronze explanatory plaque identifying the Artist and recognizing the Donor. The actual size, design, and wording of the explanatory plaque shall be subject to the final approval of the City Director of Parks and Recreation, whose approval shall not be unreasonably withheld. Donor shall ensure that the Sculpture and pedestal are engineered for structural integrity and windstorm certified. 3. Donor's Responsibilities. Donor shall procure and donate the Sculpture including lighting, pedestal, and walkway to the City no later than 30 months after the signing of the contract with Buddy Tatum, but in no event no later than December 31, 2013. 1 -78- Donor shall provide City Director with original signed letter from the Artist in which the Artist grants to the City an unlimited license to graphically reproduce the Sculpture for municipal noncommercial purposes in City brochures, catalogs, and use in any City media or other City publications. City shall endeavor to include the Artist name and sculpture title in the City publications or reproductions. This provision shall survive termination or expiration of this agreement. Donor shall be solely and exclusively responsible for contacting, communicating with, and coordinating delivery of the Sculpture from the Artist to the City. Donor shall be solely and exclusively responsible for all costs related to procurement, delivery, and installation of the Sculpture, and the lighting, pedestal, and adjacent walkway components. Donor shall provide to City any instructions received from the Artist regarding routine maintenance required for the sculpture. Donor shall endeavor to obtain an appraisal with a detailed description of the Sculpture and the current appraised value to assist City with insurance procurement. Donor shall ensure that all work performed on the City property complies with all applicable City, State, and Federal codes, statutes, ordinances and regulations. 4. City's Responsibilities. The City shall accept delivery, receipt and ownership for the Sculpture at a mutually acceptable time and place. City shall be responsible for on-going costs to maintain the sculpture, subject to availability of funding. 5. Project Site. Donor shall arrange for the delivery and installation of the Sculpture and associated pedestal, lighting and walkway, at the location in Cole Park as depicted in the attached Exhibit 2. Should City Engineering or Utility staff determine that this location is not suitable for the installation due to engineering structural analysis or impact to City utility infrastructure, then the Director of Parks and Recreation is authorized to work with Donor to identify another more suitable location within Cole Park for placement of the sculpture. 6. Risk of Loss or Damage. Donor shall be solely responsible and assume all risk of loss or damage to the Sculpture until receipt and acceptance thereof by the City. Acceptance by the City shall occur after delivery and successful installation at the project site. 7. Installation of Sculpture. Donor shall insure that its contractor hired by Donor to install the Sculpture presents and reviews the construction plans with City Engineering and Parks and Recreation Departments and for their prior approval. Donor must include,, in all construction contracts entered into for the installation of the sculpture and any additional components described herein, a provision requiring the Donor's contractor, to indemnify, hold harmless, defend and insure City, including its officers, agents, and employees, against the risk of legal liability for death, injury or damage to persons or property, direct or 2 -79- consequential, arising or alleged to arise out of, or in connection with, the performance of any or all of the work, whether the claims and demands made are just or unjust, unless same are caused by the gross negligence or willful act of City, its officers, agents, or employees. Specific language is as follows: Donor shall require Contractor to obtain the insurance described in the attached Exhibit 3 and applicable permits prior to beginning work on City property. 8. Relationship of Parties. No agent, employee, representative or subcontractor of Donor shall be deemed to be the employee, agent, representative or subcontractor of the City. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance and unemployment insurance, are available from the City to Donor or its employees, agents, representatives or subcontractors. Donor will be solely and entirely responsible for its acts and for the acts of Donor's agents, employees, representatives and subcontractors during the performance of this Agreement. 9. Expiration; Termination. This Agreement shall expire automatically upon the City's receipt and acceptance of the Sculpture. Once the commission contract is signed with the artist, neither the City nor the Donor can terminate this agreement. 10. Indemnification/Hold Harmless. Donor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. The provisions of this section shall survive the expiration or termination of this Agreement. 11. Entire Agreement. The written provisions and terms of this Agreement, together with all documents attached hereto, shall supersede all prior verbal statements of any officer or representative of and such statements shall not be effective or construed as entering into or forming a part of, or altering in any manner whatsoever, this Agreement. 12. Modification. No waiver, alteration or modification of any of provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of City and Donor. 13. Assignment. Any assignment of this Agreement by Donor without the written consent of the City Director of Parks and Recreation shall be void. 14. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed below. Any written notice hereunder shall become effective as of the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereinafter specified in writing. 15. Non -Waiver of Breach. The failure of the City to insist upon strict performance of any of thecovenants and agreements contained herein, or to —86— exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options and the same shall be and remain in full force and effect. 16. Resolution of Disputes, Governing Law. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall be referred to the City Manager, whose decision shall be final. In the event of litigation arising out of this Agreement, the prevailing party shall be reimbursed for its reasonable attorney fees from the other party. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year above written. CITY OF CORPUS CHRISTI By: Ronald L. Olson, City Manager CITY CONTACT City Manager 1201 Leopard Street Corpus Christi, Texas 78401 DUSTY DU Donor Address: Dusty Durrill &15 S. QP.F- - lRroadW4y C6''bU�s�_Tti �8'Sfo! Artist Address: Buddy Tatum 5030 Bonner Corpus Christi, Texas 78412 APPROVED AS TO FORM: z 2p 1/ By: Lisa Agin. W Assistant City Attorney For City Attorney CLIC EXHIBIT 7 "Wind Dancer" Sculpture Buddy Tatum, Artist Estimated dimensions Wheight x 2.3'width x 10.5 depth Estimated weight 1,700 lbs 5 -82- Exhibit 2 Location of Artwork �S{ r Mq r s A Proposed Location "Wind Dancer" L Y i7a�, SO V. aK �r MSS � �Q� 4 N��. Ste• m • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2011 Cole Park Art Donation installation ins. req. 6-16-11 ep Risk Mgmt. M &Y,0-f ti DATE: September 6, 2011 AGENDA MEMORANDUM for the City Council Meeting of September 27, 2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director of Engineering Services petean(a)cctexas.com, (361) 826-3781 Approval of Professional Services Contract: DOWNTOWN STREETS - CHAPARRAL (STREET SIGNALIZATION FOR TWO WAY CONVERSION) — PROJECT NO. 6510 PURPOSE: Motion authorizing the City Manager or designee to execute a Professional Services contract with HDR Engineering, Inc. of Corpus Christi, Texas, in the amount of $97,250.00 for Downtown Streets - Chaparral (Street Signalization for Two Way Conversion) (Bond 2008). BACKGROUND AND FINDINGS: The scope of the project includes Package A and Package B: Package A includes preparation of traffic signal plans, technical specifications, summary of quantities, and estimate of probable cost for three intersections; Chaparral/William, Chaparral/Lawrence, and Chaparral/Schatzel. The signals shall accommodate two way traffic. The plans and technical specifications will be provided to Gignac and Associates for inclusion in the overall Chaparral Street Improvements project. Traffic Signal hardware shall be selected by Gignac and Associates. Package B includes assisting the City staff in conducting an inventory of the signal system on the remainder of Chaparral St. from IH -37 to Cooper's Alley. This project was approved November 4, 2008 in the Bond Issue 2008 Package under Proposition No.1 Street Improvements. A. contract for professional services is required to complete the design phase, bid phase, and construction phase; and requires City Council approval. RFQ No. No. 2008-05 Bond Issue 2008 and Other Projects was distributed on September 19, 2008 to 206 firms. The firms' qualifications were reviewed by a Selection Committee. On February 25, 2010, Gignac Architects was selected to provide Architect/Engineer Consultant Services for the Downtown Streets - Chaparral. HDR Engineering Inc. of Corpus Christi, Texas is part of the Gignac Team as a subcontractor. During negotiations with Gignac it was determined to be most advantageous to the City for the signal design to be issued as a separate contract with HDR Engineering. ALTERNATIVES: 1. Award contract to HDR Engineering as proposed. 2. Repeat the RFQ Selection Process and negotiate with a different design firm. -87- Ki&tginev g DetaEKchenge\Clmima13iteets\6510-Dawto Stwt (Chparrel)Eond Ime 200RUE Agreement-MR\Ag{ada Item\6510- Exewtiv. Summery.doa FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense ❑ Revenue X CIP Prior Year FISCAL YEAR: 2011-2012 CIP Only) Current Year Future Years TOTALS Budget $821,400.00 $2,089,300.00 $589,300.00 $3,500,000 Encumbered/Expended Amt. $821,400.00 This item $97,250.00 BALANCE $1,992,050.00 FUNDS (S): Streets Comments: Anticipated completion date for Downtown Streets— Chaparral is November 2012. RECOMMENDATION: City staff and Gignac Associates recommend that the contract be awarded to HDR Engineering, Inc. of Corpus Christi, Texas, in the amount of $97,250.00 for Professional Services. CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Qualifications process; Bond Issue 2008; FY 2011-12 Capital Budget. EMERGENCY/NON-EMERGENCY: Not Applicable. DEPARTMENTAL CLEARANCES: Not Applicable. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Cc: Veronica Ocanas, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager _88- KiEnginein Dw chmg&C]M,, TStreete16510-D..town Street(Chop.,W)Eond Ieme20vw _ cement-}E1gwge d. 1e 16510-E..mt .Summery. . PROJECT BUDGET Downtown Streets - Chaparral - BOND 2008 Project No. 6510 September 20, 2011 FUNDS AVAILABLE: Streets CIP (Bond 2008) $2,000,000.00 Utilities CIP $1,500,000.00 Total $3,500,000.00 FUNDS REQUIRED: Construction: (Estimate) $2,200,000.00 Contingencies $220,000.00 Consultant Fees: Consultant (Gignac Architects) * $757,883.00 Consultant (HDR Engineering) $97,250.00 Materials Testing $44,000.00 Reimbursements Contract Administration (Contract Preparation/Award/Admin) $55,000.00 Engineering Services (Project Mgt/Const. Mgt/Traffic Mgt) $70,000.00 Finance Issuance $25,000.00 Misc. (Printing, Advertising, etc.) $10,000.00 TOTAL $3,479,133.00 ESTIMATED PROJECT BUDGET BALANCE $20,867.00 * Contract was awarded by City Council on June 29, 2010. sm DOWNTOWN STREET (CHAPARRAL) BOND ISSUE 2008 A r CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 9-20-2011 Ow a DATE: September 20, 2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director of Engineering Services PeteAnna.cctexas.com 826-3781 Fred Segundo, Director of Aviation Services FredS(a)cctexas.Com 289-0171 ext. 1213 AGENDA MEMORANDUM for the City Council Meeting of: September 27, 2011 Authorization for City Manager, or designee, to execute Change Ord7Noifor Rental Car Quick Turn Around Facility at Corpus Christi Internati Airport CAPTION: Motion authorizing the City Manager, or designee, to execute Change Order No.1 to the Construction Contract with Barcom Commercial, Inc. of Corpus Christi, Texas in an amount not to exceed $80,935.92 for a restated not to exceed fee of $5,605,935.92 for the Corpus Christi International Airport Rental Car Quick Turn Around Facility for additional concrete paving, electrical breakers, conduit circuits, electrical motor starters and pressure washers. BACKGROUND AND FINDINGS: The change order consists of three items. • Item 1.a provides for additional concrete slope paving at the intersection of two drainage ditches at the perimeter of the facility. This item was requested by the City to provide additional assurance that no scouring would occur during heavy rainfall events. $21,786.75 • Item 1.b provides electrical breakers, water heaters, conduit and NEMA 4x electrical motor starters for pressure washers requested by the rental car tenants. $26,109.67 • Item 1.c provides for three (3) pressure washers and personnel training requested by the rental car tenants. $33,039.50 ALTERNATIVES: Purchase of the items through a separate bid process after completion of the project would have resulted in an incomplete facility that did not meet tenant needs upon occupancy. This was not deemed to a practical alternative. OTHER CONSIDERATIONS: The approval of the change order provides for: modifications to be made while the facility is under construction; facilitates the sequence of construction; and avoids disrupting rent car operations. CONFORMITY TO CITY POLICY: Approval of the change order conforms to Local Government Code and City policy requiring Council authorization for expenditures exceeding $50,000.00. -93- K:\Engineering DataExchange\KevinS\GEN\AIR_restored\20041mprovements\10030RentCarQTA\COI Agenda.docx EMERGENCY/NON-EMERGENCY: N.A. DEPARTMENTAL CLEARANCES: Aviation Department Engineering Services FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense ❑ Revenue X CIP Fiscal Year: 2011-2012 Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget 6,510,500.00 6,510,500.00 Encumbered/Expended amount as of July 31, 2011 5,811,308.00 5,811,308.00 This item 80,935.92 80,935.92 BALANCE 699,192.001 01 618,256.08 FUND(S): Aviation CFC Fund COMMENTS: The cost of the Change Order is primarily due to modifications requested by rental car lease firms. The cost will be defrayed the lease car tenants through future rent payments. RECOMMENDATION: Approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: a. Change Order Summary b. Location Map Approvals: Veronica Ocanas, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Johnny Perales, P.E., Assistant City Manager -94- KAEngineering DataExchange\KevinS\GEN\AIR_restored\20041mprovements\10030RentCarQTA\COIAgenda.docx CHANGE ORDER No. 1 SUMMARY PROJECT: CORPUS CHRISTI INTERNATIONAL AIRPORT RENTAL CAR QUICK TURN AROUND FACILITY CCIA PROJ NO.: 10030 (AP -135) BID OPEN DATE: Thursday, December 16, 2010 TABULATED BY: Michael R. Lawrence, P.E., Associate Principal-PGAL Contract Price: $ 6,525,000.00 CHANGE ORDER DESCRIPTION BID UNIT PROP UNIT ADDNTQUANT SUBTOTAL THIS TOTALALL NEWCONTRACI PERCENTTOTAL NO. IT PRICE AUTHORIZED CHANGE ORDER CHANGE ORDERS PRICE CHANGE Additional Owner Requested Commie Slope Paving Is Including all labor, materials, earthwork and equipment and Contractor O&P per Buletin # i Proposal (Complete N/A LS $21,766.75 1 $21,786.75 $21.786.75 $5,546,786.75 and In Place). Additional Owner Requested electrical breakers for water haalrers, conduit raceway, Manch circuits, Nemn ib 4x motor starters for pressure wahsers per Bulletin # i WA LS $26,109.67 1 $26,109.67 $47,896.42 $5,572,896.42 Proposal. Includes Contractor O&P (Complete and In Place . Provide and install additional Owner Requested Aaladin- ic 8430 Pressure wahsers (3 total) per Bulletin # 1 Proposal. Includes all Gaining and contractor O&P N/ALS $33,039.50 1 $33,039.50 $80,935.92 $5.605.935.92 (Complete and In Place). 1 CO 1 Items Totaled 80935.92 80936.92 5605935.92 1.a. ExhlbaA 917/2011 Page 1 of 1 _WuEcEs DAY iI I I IH11 z g LOCATION MAP NOT TO SCALE I ;1 ;101 F] Z14 &A rollllil CORPUS C9fRisTf Baty BEAR LANE EXHIBIT "B" CCIA CITY COUNCIL EXHIBIT CONSOLIDATED RENT A CAR DEPARTMENT OFPENGIN ERINGI'S RVICES PAGE: 1 QUICK TURN AROUND FACILITY 1 DATE: 09-20-202071 `+`^� PROJECT BUDGET CORPUS CHRISTI INTERNATIONAL AIRPORT RENTAL CAR QUICK TURN AROUND FACILITY Project No. 10030 September 27, 2011 FUNDS AVAILABLE: Certificates of Obligation 5,510,098.80 CFC Receipts thru December'10 444,335.50 CFC Receipts January - July 2011 305,664.00 CFC Receipts Estimate August - January 2012 375,000.00 TOTAL $6,635,098.30 FUNDS REQUIRED: Construction (Barcom Commercial) $5,525,000.00 Change Order No. 1 $80,935.92 Contingencies (4.0%) $219,064.08 Consultant Fees: Consultant (PGAL, Inc.) Basic Fee $458,000 (8.3%) Additional Svcs. $59,000 $517,000.00 Materials Testing (Rock Engineering) $44,308.00 Reimbursements Contract Administration (Contract Preparation/Award/Admin) $28,000.00 Engineering Services (Project Mgt/Constr Mgt) $18,000.00 Construction Observation Services To be Negotiated $125,000.00 Finance Administration $48,000.00 Misc. (Printing, Advertising, etc.) $18,600.00 TOTAL $6,623,908.00 ESTIMATED PROJECT BUDGET BALANCE $11,190.30 EXHIBIT "C" Page 1 of I —97— 11 DATE: August 31, 2011 AGENDA MEMORANDUM for the City Council Meeting of September 27, 2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director of Engineering Services petean@cctexas.com (361) 826-3781 Approval of Street Closure: Texas Jazz Festival CAPTION: Motion approving the application for street closure from the Texas Jazz Festival Society; to temporally close the following street sections for the Texas Jazz Festival; to take place Friday, October 21, 2011 through Sunday, October 23, 2011. A. The temporary street closure of Hughes Street between Chaparral and Mesquite Street, beginning at 9:00 A.M, Friday, October 21, 2011 and ending at 11:00 P.M., Sunday, October 23, 2011. B. The temporary street closure of Fitzgerald Street between Chaparral and Mesquite Street, beginning at 9:00 A.M, Friday, October 21, 2011 and ending at 11:00 P.M., Sunday, October 23, 2011. C. The temporary street closure of Mesquite Street between Hughes and Fitzgerald Street, beginning at 9:00 A.M, Friday, October 21, 2011 and ending at 11:00 P.M., Sunday, October 23, 2011. BACKGROUND AND FINDINGS: The Texas Jazz Festival is taking place on the Bayfront at Heritage Park. The 3 -day event will require temporary street closures of Hughes Street and Fitzgerald Street as noted above. This year, because of continued growth, the Texas Jazz Festival Society is requesting the closure of Mesquite Street to provide additional space for the event. The street closure will begin on Friday, October 21, 2011-9:00 A.M. and will remain in place through the duration of the festival. This event will feature renowned live jazz entertainment bringing in people for from all over the Coastal Bend. ALTERNATIVES: Not Applicable OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Conforms to the Code of Ordinances Chapter 49 -Streets and Sidewalks; Article I. IN General; Division 2 - Temporary Closure of Streets —101— EMERGENCY/NON-EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Not Applicable FINANCIAL IMPACT: X Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP Fiscal Year: 2011-2012 Project to Date Expenditures CIP Current Year Future Years TOTALS Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: Not applicable Traffic Engineering recommends that the street closure application for Hughes Street, Fitzgerald Street and Mesquite Street be approved for the Texas Jazz Festival. LIST OF SUPPORTING DOCUMENTS: Street Closure Application, Location Map Approvals: Veronica Ocanas, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, P.E. Assistant City Manager —102— o SCALE: 1"=350' I O MUSEUM �Y (J GARDEN ART MUSEUM O o C�14 SELENA UDITORI HEATERD BREWSTER ST. floD CONVENTION CENTER HUGH ST. ❑ AMERICAN BANK ARENA KEY RITA RESAC ST. AR ® - STREET CLOSURE ED TEXAS JAll FESTIVAL o EVENT SITE L ERALO ST. F rZGE 0 3 w w 00 o C z z U) a z PALO ALTO ST. r m rc 3 POWER ST. -SITE PLAN - SUBJECT: STREET CLOSURES Traffic Engineering Div. TEXAS JAll FESTIVAL Engineering Services Dept, City of .... Corpus op Christi City of Corpus Christi Department of Engineering Services Traffic Engineering APPLICATION FOR TEMPORARY CLOSURE OF STREET(S) PERMIT 1. Name of Organization Sponsoring Event: Texas Jazz Festival Society a. Address: 4214 Valley Circle b. City: Corpus Christi State: Texas Zip: 78413 c. Phone #: 361/688-1296 Fax#:361/808-9515 d. Email: rick sanchez(cDattnet ,.a 2. Name of Proposed Event: The Texas Jazz Festival 4 3. Date of Planned Event: October 21-23.2011 3 4. Key Contact Individual Rick Sanchez Phone M 361/688-1296 5. 5. Street(s) Requested for Closure, Dates and Times of Day: DESCRIBE: Hughes and Fitzgerald from Chaparral to Mesquite and Mesquite from Fitzgerald to Hughes 9.00am-midnight Friday 1:00,om-1:00 am Saturday 1:00am-10:00pm Sunday 6. Purpose of Event and Detailed Description of Activities Planned: The Texas Jazz festival is a 3 day music event free to the Public for 50 YearsLast year we had over 70.000 in attendance from all over the state and country. 7. List foods and beverages to be served: 15-17 vendors selling a variety of festival foods. The Jazz Society will be selling the soft drinks wine and beer. Page 1 of 8 -104- 8. Services Requested by the City: Traffic Cones and Barricades 9. Attach a diagram illustrating in detail the location of booths, stages, restrooms, first-aid stations, etc., that will be included in the event. 10. Enclose a check or money order for $200 to cover administrative costs of handling application, payable to the City of Corpus Christi (City Ordinance #20463, 9/20/88). 11. Attach an official letter of transmittal requesting approval of the event at least (30) day prior to the event date. 12. in consideration of obtaining a permit to close a City street for a public event, the applicant or sponsoring organization agrees to comply with the following applicable conditions: A. Admittance to said event shall be free; B. All profits derived from the event shall be for charitable causes; C. Pay the City four -percent (4%) of the gross receipts derived from event, or reimburse the City for all costs incurred by the City in support of said event. Accurate financial records shall be maintained and payment shall be made to the city within sixty (60) days after the event ends. D. *Provide and maintain an insurance policy with the limits and requirements shown on the attached Exhibit "A". E. *Completion of Indemnification Agreement; F. *Provision of a traffic control plan for event, to be coordinated with the Traffic Engineering Division and Police Department. The City shall be reimbursed for its installation of all traffic signage and barricading determined by the City to be necessary for safe control of the event. G. *Require written notice and notice to be given to tenants and building managers; and posting of same inside entrances to multi -tenant buildings. This notice is to be furnished and posted a minimum of 2 week prior to the required City Council meeting at which the motion to approve the Temporary Street Closure permit will be considered. H. Provide adequate number of restroom facilities to accommodate the anticipated public; I. Obtain the appropriate alcohol and food permits required by State and Local authorities, at least two (2) weeks prior to the event; J. All security other than perimeter traffic control shall be provided by sponsor; security shall consist of off-duty City Police officers, or other type security officially approved by the City. Page 2 of 8 —105— K. All construction of booths, stages, displays, electrical services and plumbing shall comply with City Codes. The final layout of booths shall be approved by the Director of Parks and Recreation; L. Provide for potable water within the event site; M. Provide first-aid stations; N. Provide continuous cleaning of the site during the event and return it to pre -event condition after event ends; O. Restore any damaged City property promptly after event ends; P. Coordinate all phases of event with appropriate City departments to insure a safe and successful event; Q. Vehicles shall be prohibited from parking on grass areas within the street right-of-way. R. No obliteration or defacing of the street surface or sidewalk; except by chalk markings; S. All City Noise Abatement Ordinances shall be complied with; T. Allow for the free passage of emergency vehicles into event area in case of emergency; U. Carnival -type rides will not be permitted. V. Building and Electrical permits for a temporary promotional event, associated construction and Certificate of Occupancy are required. *Evidence that these conditions have been met must be presented to the City Traffic Engineer prior to the request being submitted to the City Council for final approval. Eve anization �(C Date For more information i The CiP ease Contact: ty of Corpus Christi, Traffic Engineering Division at: Ph: 361-826-3547 • Fax: 361-826-3545 1201 Leopard St. Corpus Christi TX 784p1 . PO Box 9277 Corpus Christi, TX 78469-9277 Page 3 of 8 106 INDEMNITY AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF NUECES WHEREAS, Section iii of said standards, entitled Procedure and Permit Requirements, requires a contractor for a permit to close or block any part of a roadway to file a statement with the Director of Engineering Services Traffic Engineering Division indemnifying in the city against all claims or causes of action by reason of or arising from the closing or blocking of the roadway pursuant to a permit issued by the City. Now, therefore, in consideration for the issuance of a permit to the undersigned by the City of Corpus Christi, for the purpose of barricading, blocking or closing a street, alley or other public right-of-way in said City, said permit applicant agrees to indemnify and safe harmless and defended the City of Corpus Christi, its agents and employees from any and all claims, lawsuits, demands, liabilities, losses or expenses, including court costs and reasonable attorney=s fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damages to any property which arise or may be alleged to have arisen directly or indirectly, as a result of the granting of this permit. The Contractor, during the term of operations specified in this Public Right -of - Way Blockage Permit, will provide and maintain at the Contractor expense, Comprehensive General Liability Insurance coverage with a Contractual Liability endorsement and with minimum limits of $1,000,000 Combined Single Limit for large events or $500,000 for small events as required by the Risk Manager of the City of Corpus Christi pursuant to Ordinance #19277. The City of Corpus Christi will be named as Additional Insured on the policy. Evidence of required insurance coverage with a Certificate of Insurance furnished to the Traffic Engineering Division prior to the proposed blockage under this permit. Witness my (our) hand(s) this (S/ date�of- 20 Permit Applicant Signature ..ouNany ivaPneJ Page 4 of 8 -107- EXHIBIT A - INSURANCE REQUIREMENTS PERMITTEE'S LIABILITY INSURANCE A. Permittee must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Permittee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Permittee must furnish to the City's Risk Manager, Certificate of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the General Liability policy and a blanket waiver of subrogation is required on all applicable policies. C. TYPE OF INSURANCE SURANCE COVERAGE 30 day written notice of cancellation, non- fBodlly and Property Damagerenewal, material change or termination is ce aggregate required on all certificates COMMERCIAL GENERAL LIABILITY $1,000,000 COMBINED SINGLE LIMIT including: 1. Commercial Form 2, Premises -Operations 3. Underground Hazard 4. Products/ Completed Operations Hazard 5. Contractual Liability 6. - Broad Form property Damage 7. independent Contractors in th. .,—t t -- - - •• -• �����_�.0 w any Kind. Permittee must famish the Risk Manager with copies of all reports Of such accidents within 10 days of any accident. IL ADDITIONAL REQUIREMENTS A. Certificate of Insurance: • The City of Corpus Christi must be named as an additional insured on the General liability coverage and a blanket waiver of subrogation in favor of the City is also required. • If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled" and deleting the words, "endeavor to", and deleting the wording after "left". In lieu of modificati substantive requirements are mandatory. on of the ACORD form, separate policy endorsements addressing the same • The name of the project must be listed under "Description of Operations". • At a minimum, a 30 -day written notice of cancellation, material feg_ change. non-renewaortermination reP 1required.2006 street Closure ep Rlek MgmL Risk Management Representative Approved Insurance Date Page 5 of a i DIVISION 2. TEMPORARY CLOSURE OF STREETS Sec. 49-15. Permit required; application. No streets shall be closed temporarily nor shall any street right-of-way be used in such a manner as to impede the free flow of traffic without the issuance of a permit by the city as provided herein. Any sponsor of an event desiring to close one (1) or more streets for said event shall make application there for on forms furnished by the city containing such information as the city may require including, but not limited to, the date and location of the event, the name of the sponsoring organization, the purpose of the event, and a diagram illustrating the street or streets to be closed and the layout of activities. The application must be submitted at least twenty (2o) working days prior to the event and must be accompanied by an application fee as hereinafter provided to cover administrative costs. (Ord. No. 17651, § 1, 6-15-1983; Ord. No. 20463, § 1, 9-20-1988) Sec. 49-16. Issuance of permits; classification of events. Upon the review and recommendation of the application by the city, permits may be issued for the temporary closure of a street or streets in the following manner: a) Neighborhood events. For neighborhood events at which no admission is charged and no items are sold and which require the closure of residential neighborhood streets for less than twelve (12) continuous hours, permits may be granted by the city manager or his designated representative. Notice of the granting of such permits shall be provided the city council. A permit application fee of one hundred ten dollars ($110.00) is required for such events. b) Smell events. For small events which require the closure of one (1) or more minor streets adjacent to churches, schools, or other public institutions, not involving extensive detouring of traffic and not requiring closure for more than twelve (12) continuous hours, permits may be granted by the city manager or his designated representative. Notice of the granting of such permits shall be provided the city council. For the purposes of this section, the term "minor streets" shall mean any streets other than arterial and collector streets as classified on the urban transportation plan. A permit application fee of two hundred dollars ($200.00) is required for such events. c) Lame events. For all other events, which shall be treated as large events, including, but not limited to, events which require the closure of one (1) or more major streets or involve more extensive detouring of traffic, permits may only be issued by the city manager upon the approval of the city council expressed by motion. A permit application fee of two hundred dollars ($200.00) is required for such events. (Ord. No. 17651, § 1, 6-15-1983; Ord. No. 20463, § 2, 9-20-1988; Ord. No. 027349, § 5, 7-24-2007) Sec. 49-17. Conditions and requirements for permit. Prior to the temporary closure of any street, the sponsor must agree t0 cOmply with the conditions and requirements for such temporary closure imposed by the city including, but not limited to, the following: a) All events shall be open to the public and admission shall be free. b) All profits derived from the event shall be used for charitable purposes. c) Insurance policies naming the city as an additional insured shall be obtained with minimum coverage for small events of five hundred thousand dollars ($500,000.00)/five hundred thousand dollars ($500,000.00)/one hundred thousand dollars (sloo,000.00) Page 6 of 8 —109— and for large events of five hundred thousand dollars ($500,000.00)/one million dollars the equidirreccoverage shall be supplied the city at least five 5) days pevidencing prior to the event d) The sponsor shall agree to indemnify and forever save harmless the city from any claims arising from the event, sponsor and placed in accordance with a e) Sufficient barricades shall be obtained by the plan approved by the traffic engineer. f) (1) Notice required under this section must be fumished and posted at least two (2) weeks prior to the required city council meeting at which the motion to approve the permit will be considered. (2) Standard form of approved written notice required. The applicant/sponsor must give written notice by using the standard approved form supplied by the traffic engineer. (3) Required recipients of written notice. a. The applicant or sponsor must furnish approved written notice of the proposed temporary street closure as follows: 1. To all tenants occupying a tenant space of property abutting that portion of the street to be closed to vehicular traffic; and, in addition, 2. To all building managers and property managers of all multi -tenant properties abutting that portion of the street to be closed to vehicular traffic. 3. If the property abutting that portion of the street to be closed to vehicular traffic is vacant, approved written notice may be mailed to the property owner's last known address according to the of the Nueces County Tax Appraisal District's records. b. Proof of delivery. As part of the permit application process, the applicant must show the traffic engineer proof of having furnished the written notice required under this chapter. c. Hand delivery. Proof of each hand delivery may be shown by providing the signature of the recipient, along with the recipient's name, address, and contact information. d. Certified mail. If written notice cannot be made by hand delivery, proof may be shown by the receipt of certified mail delivery. (4) Posting of approved written notice required. The applicant or sponsor must post the approved written notice on the inside of entrances to multi -tenant buildings of properties abutting that portion of the street to be closed to vehicular traffic. (5) At least two (2) weeks' notice of public meeting required. The applicant or sponsor's approved written notice of the proposed temporary street closure shall include notice of the date, time, and location of the city council meeting at which approval of the permit is scheduled. g) Adequate restroom facilities must be provided to accommodate the needs of the public h) All other permits required by the state or any other public authority must be obtained by the sponsor at least two (2) weeks prior to the event. I) All security shall be provided by the sponsor. j) Any construction of booths, stages, displays, electrical services and plumbing shall comply with the relevant city codes and shall be in accordance with the layout approved in the permit. k) A sufficient supply of potable water shall be supplied within the event site. I) Adequate first aid stations shall be provided by the sponsor. m) The sponsor shall provide continuous cleaning of the site during the event and at the conclusion of the event restore the site to the same condition it was in prior to the event. Any damaged public property shall be restored by the sponsor upon conclusion of the event. Page 7 of 8 n) Vehicles shall be prohibited from parking on grass areas within the street right-of-way. o) No paint or other markings shall be permitted which in any way obliterate or deface any pavement markings. p) Provision shall be made for the free passage of emergency vehicles into the event area in case of emergency. q) City council may authorize a regularly schedule event such as Bayfest or Buccaneer Days to charge an admission fee. r) The city council by motion may authorize temporary closure of a street for producing a historical, cultural, documentary, promotional, or other similar motion picture, or for conducting a comparable event, which will promote the city. In addition to the application fee required by section 49-16, before the permit is issued the sponsor shall pay the same occupancy charges that would be required by section 53-195 for a contractor occupying public right-of-way during erection, construction or repair of a building. If the city council finds that producing the motion picture or conducting the event in the city will provide sufficient favorable publicity and economic benefits to justify waiver, the council may waive the payment of said occupancy charges and may waive the requirements of subsections (a) and (b) above. In addition to the foregoing conditions and requirements, the city may require such other conditions or requirements as are reasonably necessary to fit the particular needs of the event in order to ensure the public safety and protect public property. (Ord. No. 17651, § 1, 6-15-1983; Ord. No. 22157, § 1, 2-21-1995; Ord. No. 23128, § 1, 11- 11-1997; Ord. No. 24135, § 1, 7-25-2000; Ord. No. 027393, § 1, B -2B-2007) Sec. 49-18. Reimbursement for costs of the city. For any event requiring the temporary closure of one (1) or more streets the sponsor must agree to either. a) Pay to the city four (4) per cent of the gross receipts derived from the event to defray the Public expenses involved in producing the event; or b) Pay to the city an amount equal to the actual costs and expenses incurred by the city cleaning the site after the event and any other actual expenses of the city associated with the event. (Ord. No. 17651, § 1, 6-15-1983) Sec. 49-19. Reserved. htto.,"w�yyv.municode_com/resources!-atewav a�o� o r —fat oid=13 45Raid-d3 Chapter 49 streets and Sidewalks" Division 2, Temporary Closer of Streets Sec. 49-15 through Sec. 49-19 Page a of a —111— 12 DATE: August 31, 2011 AGENDA MEMORANDUM for the City Council Meeting of September 27, 2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director of Engineering Services petean@cctexas.com , \ (361)826-3781 Approval of Street Closure: Decision House Fall Festival CAPTION: Motion approving the application for street closure from the Faith Based Services Coalition to temporarily close the following street sections for the Corpus Christi Police Decision House Fall Festival; to take place Friday, October. 28, 2011 through Saturday, October 29, 2011. A. The temporary street closure of John Sartain Street between Water Street and Chaparral Street, beginning at 10:00 A.M, Friday, October 28, 2011 and ending at 12:00 A.M. Sunday, October 30, 2011. B. The temporary street closure of North Chaparral Street between Coopers Alley and John Sartain Street, beginning at 10:00 A.M, Friday, October 28, 2011 and ending at 12:00 A.M. Sunday, October 30, 2011. BACKGROUND AND FINDINGS: The Decision House Fall Festival will take place at the Corpus Christi Police Department Headquarters on John Sartain Street. The 2 -day event will require temporary street closure of North Chaparral Street and John Sartain Street as noted above. The street closure will begin on Friday, October 28,2011 -10:00 A.M. and will remain in place through the duration of the event. The Decision House Fall Festival is an educational event for the community sponsored by Faith Based Services Coalition and the Corpus Christi Police Department. ALTERNATIVES: Not Applicable OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Conforms to the Code of Ordinances Chapter 49 -Streets and Sidewalks; Article 1. IN General; Division 2 - Temporary Closure of Streets EMERGENCY I NON -EMERGENCY: Non -Emergency —115— DEPARTMENTAL CLEARANCES: Not Applicable FINANCIAL IMPACT: x Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP Fiscal Year: 2011-2012 Project to Date Expenditures CIP Current Year Future Years TOTALS Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments. Not applicable RECOMMENDATION: Traffic Engineering recommends that the street closure application for North Chaparral Street and John Sartain Street to be approved for the Decision House Fall Festival. LIST OF SUPPORTING DOCUMENTS: Street Closure Application Location Map Approvals: Veronica Ocanas, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, P.E., Assistant City Manager -116- % g — Cory us City of Corpus Christi 1 AMOM i Chn ti Department of Engineering Services I Traffic Engineering 1. 2. 3. 4. 5. S. APPLICATION FOR TEMPORARY CLOSURE OF STREET(S) PERMIT Name of Organization Sponsoring Event: FAIT�i BA6E0 SEP CE5 CDALITIorl Address: 3zi SOHM SART-P)W STREET City: CDRPuS CHRISTI State: IX - Phone #: Z61 - G- b 33 - -12 9 3 Fax # Email: Zip: 78+01 Name of Proposed Event: Deuslonl -HDusr LL §TIVAt- Date of Planned Event: FP'- SAT Qcr 2S'", 211- Oc-r 79-"), 2oli Key Contact Individual SANpPA CASTILI.D Phone#: 3+x1--(033-72`13 Street(s) Requested for Closure, Dates and Times of Day: - `A of Event and Detailed Description of Activities Planned: 4:dl VA 1, -tD IRE- ENACT MC NTS of SKITS_ aN 7. List foods and beverages to be served: moot, i \LN22RS Page 1 of 8 -117- B. 9. Attach a diagram illustrating in detail the location of booths, stages, restrooms, first-aid stations, etc., that will be included in the event. 10. Enclose a check or money order for $200 to cover administrative costs of handling application, payable to the City of Corpus Christi (City Ordinance #20463, 9/20/88). 11. Attach an official letter of transmittal requesting approval of the event at least (30) day Prior to the event date. 12. In consideration of obtaining a permit to close a City street for a public event, the applicant or sponsoring organization agrees to comply with the following applicable conditions: A. Admittance to said event shall be free; B. All profits derived from the event shall be for charitable causes; C. Pay the City four -percent (4%) of the gross receipts derived from event, or reimburse the City for all costs incurred by the City in support of said event. Accurate financial records shall be maintained and payment shall be made to the city within sixty (60) days after the event ends. D *Provide and maintain an insurance policy with the limits and requirements shown on the attached Exhibit W. E. *Completion of Indemnification Agreement; F. *Provision of a traffic control plan for event, to be coordinated with the Traffic Engineering Division and Police Department. The City shall be reimbursed for its installation of all traffic signage and barricading determined by the City to be necessary for safe control of the event. G. *Require written notice and notice to be given to tenants and building managers; and posting of same inside entrances to multi -tenant buildings. This notice is to be furnished and posted a minimum of 2 week prior to the required City Council meeting at which the motion to approve the Temporary Street Closure permit will be considered. H. Provide adequate number of restroom facilities to accommodate the anticipated public; I. Obtain the appropriate alcohol and food permits required by State and Local authorities, at least two (2) weeks prior to the event; J. All security other than perimeter traffic control shall be provided by sponsor, security shall consist of off-duty City Police officers, or other type security officially approved by the City. Page 2 of B —118— K. All construction of booths, stages, displays, electrical services and plumbing shall comply with City Codes. The final layout of booths shall be approved by the Director of Parks and Recreation; L. Provide for potable water within the event site; M. Provide first-aid stations; N. Provide continuous cleaning of the site during the event and return it to pre -event condition after event ends; O. Restore any damaged City property promptly after event ends; P. Coordinate all phases of event with appropriate City departments to insure a safe and successful event; Q. Vehicles shall be prohibited from parking on grass areas within the street right-of-way. R. No obliteration or defacing of the street surface or sidewalk; except by chalk markings; S. All City Noise Abatement Ordinances shall be complied with; T. Allow for the free passage of emergency vehicles into event area in case of emergency; U. Carnival -type rides will not be permitted. V. Building and Electrical permits for a temporary promotional event, associated construction and Certificate of Occupancy are required. *Evidence that these conditions have been met must be presented to the City Traffic Engineer prior to the request being submitted to the City Council for final approval. Signature Sponsoring Organization CP•24-I( Date Submitted For more information please contact: The City of Corpus Christi, Traffic Engineering Division at: Ph: 361-826.3547 • Fax: 361-826-3545 1201 Leopard St. Corpus Christi TX 78401 • PO Box 9277 Corpus Christi, TX 78469-9277 Page 3 of 8 INDEMNITY AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF NUECES WHEREAS, Section iii of said standards, entitled Procedure and Permit Requirements, requires a contractor for a permit to close or block any part of a roadway to file a statement with the Director of Engineering Services Traffic Engineering Division indemnifying in the city against all claims or causes of action by reason of or arising from the closing or blocking of the roadway pursuant to a permit issued by the City. Now, therefore, in consideration for the issuance of a permit to the undersigned by the City of Corpus Christi, for the purpose of barricading, blocking or closing a street, alley or other public right-of-way in said City, said permit applicant agrees to indemnify and safe harmless and defended the City of Corpus Christi, its agents and employees from any and all claims, lawsuits, demands, liabilities, losses or expenses, including court costs and reasonable attomey=s fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damages to any property which arise or may be alleged to have arisen directly or indirectly, as a result of the granting of this permit. The Contractor, during the term of operations specified in this Public Right -of - Way Blockage Permit, will provide and maintain at the Contractor expense, Comprehensive General Liability Insurance coverage with a Contractual Liability endorsement and with minimum limits of $1,000,000 Combined Single Limit for large events or $500,000 for small events as required by the Risk Manager of the City of Corpus Christi pursuant to Ordinance #19277. The City of Corpus Christi will be named as Additional Insured on the policy. Evidence of required insurance coverage with a Certificate of Insurance furnished to the Traffic Engineering Division prior to the proposed blockage under this permit. Witness my (our) hand(s) this date of 20 Permit Applicant Signature Company Name Page 4 of 8 —120— EXHIBIT A - INSURANCE REQUIREMENTS PERMITTEE'S LIABILITY INSURANCE A. Pertniites must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Permittee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Permittee must furnish to the City's Risk Manager, Certificate of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the General Liability policy and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 day written notice of cancellation, non- Bodily Injury and Property Damage renewal, material change or termination is Per occurrence aggregate required on all certificates COMMERCIAL GENERAL LIABILITY $1,000,000 COMBINED SINGLE LIMIT including: 1. Commercial Form 2. Premises — Operations 3. Underground Hazard 4. Products/ Completed Operations Hazard 5. Contractual Liability 6. Broad Form Property Damage 7. Independent Contractors C. In the event of accidents of any kind, Permittee must furnish the Risk Manager with copies of all reports of such accidents within 10 days of any accident. II. ADDITIONAL REQUIREMENTS A. Certificate of Insurance: • The City of Corpus Christi must be named as an additional insured on the General liability coverage and a blanket waiver of subrogation in favor of the City is also required. If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed ori' between "be" and "canceled", and deleting the words, "endeavor to", and deleting the wording after "left". In lieu of modification of the ACORD forth, separate policy endorsements addressing the same substantive requirements are mandatory. The name of the project must be listed under "Description of Operations". • At a minimum, a 30 -day written notice of cancellation, material change, non -renewal or termination is required. 2008 Street Closure Penna ins. req. 5-8-08 ap Risk Mgmt Risk Management Representative Approved Insurance Date Page 5 of 8 —121— DIVISION 2. TEMPORARY CLOSURE OF STREETS Sec. 49-15. Permit required; application. No streets shall be closed temporarily nor shall any street right-of-way be used in such a manner as to impede the free flow of traffic without the issuance of a permit by the city as provided herein. Any sponsor of an event desiring to close one (1) or more streets for said event shall make application there for on forms furnished by the city containing such information as the city may require including, but not limited to, the date and location of the event, the name of the sponsoring organization, the purpose of the event, and a diagram illustrating the street or streets to be closed and the layout of activities. The application must be submitted at least twenty (20) working days prior to the event and must be accompanied by an application fee as hereinafter provided to cover administrative costs. (Ord. No. 17651, § 1, 6-15-1983; Ord. No. 20463, § 1, 9-20-1988) Sec. 49-16. Issuance of permits; classification of events. Upon the review and recommendation of the application by the city, permits may be Issued for the temporary closure of a street or streets in the following manner. a) Neighborhood events. For neighborhood events at which no admission is charged and no items are sold and which require the closure of residential neighborhood streets for less than twelve (12) continuous hours, permits may be granted by the city manager or his designated representative. Notice of the granting of such permits shall be provided the city council. A permit application fee of one hundred ten dollars ($110.00) is required for such events. b) Smaii events. For small events which require the closure of one (1) or more minor streets adjacent to churches, schools, or other public institutions, not involving extensive detouring of traffic and not requiring closure for more than twelve (12) continuous hours, permits may be granted by the city manager or his designated representative. Notice of the granting of such permits shall be provided the city council. For the purposes of this section, the term "minor streets" shall mean any streets other than arterial and collector streets as classified on the urban transportation plan. A permit application fee of two hundred dollars ($200.00) is required for such events. c) Lame events. For all other events, which shall be treated as large events, including, but not limited to, events which require the closure of one (1) or more major streets or involve more extensive detouring of traffic, permits may only be issued by the city manager upon the approval of the city council expressed by motion. A permit application fee of two hundred dollars ($200.00) is required for such events. (Ord. No. 17651, § 1, 6-15-1983; Ord. No. 20463, § 2, 9-20-1988; Ord. No. 027349, § 5, 7-24-2007) Sec. 49-17. Conditions and requirements for permit. Prior to the temporary closure of any street, the sponsor must agree to comply with the conditions and requirements for such temporary closure imposed by the city including, but not limited to, the following: a) All events shall be open to the public and admission shall be free. b) All profits derived from the event shall be used for charitable purposes. c) insurance policies naming the city as an additional insured shall be obtained with minimum coverage for small events of five hundred thousand dollars ($500,000.00)/five hundred thousand dollars ($500,000.00)/one hundred thousand dollars ($100,000.00) Page 6 of 8 -122- and for large events of five hundred thousand dollars ($500,000.00)/one million dollars ($1,000,000.00)/one hundred thousand dollars ($100,000.00). Certificates evidencing the required coverage shall be supplied the city at least five (5) days prior to the event. d) The sponsor shall agree to indemnify and forever save harmless the city from any claims arising from the event. e) Sufficient barricades shall be obtained by the sponsor and placed in accordance with a plan approved by the traffic engineer. f) (1) Notice required under this section must be fumished and posted at least two (2) weeks prior to the required city council meeting at which the motion to approve the permit will be considered. (2) Standard forth of approved written notice required. The applicant/sponsor must give written notice by using the standard approved form supplied by the traffic engineer. (3) Required recipients of written notice. a. The applicant or sponsor must furnish approved written notice of the proposed temporary street closure as follows: 1. To all tenants occupying a tenant space of property abutting that portion of the street to be dosed to vehicular traffic; and, in addition, 2. To all building managers and property managers of all multi -tenant properties abutting that portion of the street to be closed to vehicular traffic. 3. If the property abutting that portion of the street to be closed to vehicular traffic is vacant, approved written notice may be mailed to the property owners last known address according to the of the Nueces County Tax Appraisal District's records. b. Proof of delivery. As part of the permit application process, the applicant must show the traffic engineer proof of having furnished the written notice required under this chapter. c. Hand delivery. Proof of each hand delivery may be shown by providing the signature of the recipient, along with the recipient's name, address, and contact information. d. Certified mail. if written notice cannot be made by hand delivery, proof may be shown by the receipt of certified mail delivery. (4) Posting of approved written notice required. The applicant or sponsor must post the approved written notice on the inside of entrances to multi -tenant buildings of properties abutting that portion of the street to be closed to vehicular traffic. (5) At least two (2) weeks' notice of public meeting required. The applicant or sponsors approved written notice of the proposed temporary street closure shall include notice of the date, time, and location of the city council meeting at which approval of the permit is scheduled. g) Adequate restroom facilities must be provided to accommodate the needs of the public h) All other. pennits required by the state or any other public authority must be obtained by the sponsor at least two (2) weeks prior to the event. 1) All security shall be provided by the sponsor. j) Any construction of booths, stages, displays, electrical services and plumbing shall comply with the relevant city codes and shall be in accordance with the layout approved in the permit. k) A sufficient supply of potable water shall be supplied within the event site. 1) Adequate first aid stations shall be provided by the sponsor. m) The sponsor shall provide continuous cleaning of the site during the event and at the conclusion of the event restore the site to the same condition it was in prior to the event. Any damaged public property shall be restored by the sponsor upon conclusion of the event. Page 7 of 8 -123- n) Vehicles shall be prohibited from parking on grass areas within the street right-of-way. o) No paint or other markings shall be permitted which in any way obliterate or deface any pavement markings. p) Provision shall be made for the free passage of emergency vehicles into the event area in case of emergency. q) City council may authorize a regularly schedule event such as Bayfest or Buccaneer Days to charge an admission fee. r) The city council by motion may authorize temporary closure of a street for producing a historical, cultural, documentary, promotional, or other similar motion picture, or for conducting a comparable event, which will promote the city_ In addition to the application fee required by section 49-16, before the permit is issued the sponsor shall pay the same occupancy charges that would be required by section 53-195 for a contractor occupying public right-of-way during erection, construction or repair of a building. If the city council finds that producing the motion picture or conducting the event in the city will provide sufficient favorable publicity and economic benefits to justify waiver, the council may waive the payment of said occupancy charges and may waive the requirements of subsections (a) and (b) above. In addition to the foregoing conditions and requirements, the city may require such other conditions or requirements as are reasonably necessary to fit the particular needs of the event in order to ensure the public safety and protect public property. (Ord. No. 17651, § 1, 6-15-1983; Ord. No. 22157, § 1, 2-21-1995; Ord. No. 23128, § 1, 11- 11-1997; Ord. No. 24136, § 1, 7-25-2000; Ord. No. 027393, § 1, 8-28-2007) Sea 49-18. Reimbursement for costs of the city. For any event requiring the temporary closure of one (1) or more streets the sponsor must agree to either. a) Pay to the city four (4) per cent of the gross receipts derived from the event to defray the public expenses involved in producing the event; or b) Pay to the city an amount equal to the actual costs and expenses incurred by the city cleaning the site after the event and any other actual expenses of the city associated with the event. (Ord. No. 17651, § 1, 6-15-1983) See. 49-19. Reserved. http://www.municode.comtresources/gateway.asp?pid= I 3945&sid=43 Chapter 49 Streets and Sidewalks* Division 2, Temporary Closer of Streets Sec. 49-15 through Sec. 49-19 Page 8 of 8 —124— E ® N SCALE: N.T.S. _LA[NRENCE. ST V) n o � J Q Li a � = w 3 WILLIAM ST. J J Q] m 1 W: Z Z :JJ LU C . K = O J3 L TEMPORARY JOHN SARTAIN ST. STREET CLOSURE CCPD HEADQUARTERS LL COOPERS ALLEY KEY ® -STREET CLOSURE SHERRILL PARK KINNEY ST. SITE PLAN kft SUBJECT: TEMPORARY STREET CLOSURE Traffic Engineering Div. .:...� DECISION HOUSE FALL FESTIVAL Engineering Services Dept. —1 Z¢- 13 DATE: September 8, 2011 TO: Ronald L. Olson, City Manager AGENDA MEMORANDUM for the City Council Meeting of September 27, 2011 FROM: Stephen Draper, Director, Department of Development Services StaphenD@cctexas.com (361) 826-3568 Recommendation on a Time Extension of a Special Permit granted in association with Zoning Case 0710-01 approved on August 24, 2010 CAPTION: Mot' approving a time extension of a Special Permit (SP) originally granted and approved on August 24, 10, see Ordinance No. 028735, upon the request of Proportional Prosperity, LLC, with regard to 2.12 acres of Las Colonias Unit 4, Block 1, Lots 25, 26, 27 located at 1302 Saratoga Boulevard on the northeast corner of Saratoga Boulevard and Calle Las Colonias Drive, for the continued use of the property as a warehouse with outdoor storage. BACKGROUND AND FINDINGS: The proposed Special Permit (SP) time extension, requested by Proportional Prosperity, LLC is the third zoning action for the property. The property was originally rezoned to the "IUSP" Light Industrial District with a Special Permit ('9-2/SP") in early 2009. No development or improvements occurred on the property, therefore as per condition concerning time limits of the Special Permit the permit was deemed expired. The applicant filed for another change of zoning in July 2010. Another special permit was granted in August of 2010 by CityCouncil. Since then, no development or improvements have occurred on the property. The applicant requested a time extension and the matter was heard by the Planning Commission on August 17, 2011. Although the expiration date for this SP is August 24, 2011, because the City process for extension began prior to that date, the expiration is held in abeyance until the completion of the process. While the applicant has requested a twelve month extension it is staff's recommendation to approve a six month time extension previously approved by the Planning Commission. ALTERNATIVES: While staff is recommending only a six month extension, as an alternative a motion granting the applicant's requested one year time extension of the Special Permit could be considered. WA CONFORMITY TO CITY POLICY: N/A EMERGENCY / NON -EMERGENCY: Emergency action. Immediate action is necessary in order to effectively and equitably preserve the applicant's zoning change with special permit (SP), as per Charter Art. II, Sec. 14. DEPARTMENTAL CLEARANCES: N/A —129— FINANCIAL IMPACT: X Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP Fiscal Year: 2011-2012 Project to Date Expenditures CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE RECOMMENDATION: Planning Commission and Staff recommend a time extension of six (6) months is granted to the Special Permit passed by Ordinance 028735. LIST OF SUPPORTING DOCUMENTS: Zoning Report Ordinance No. 028735 Approvals: Deborah Brown, Assistant City Attorney Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Rudy Garza, Assistant City Manager -130- CITY COUNCIL ZONING REPORT Case No.: 0710-01 Time Extension Request Planning Commission Hearing Date: August 17, 2011 Staff's Summary from orieinal zonine case: • Request: The applicant is requesting a change in zoning to the "IL" Light Industrial District ("I-2" Light Industrial District) to convert the facility to a vehicle warehouse for the police department. • Existing Land Uses: The subject property is currently a vacant commercial building. Commercial uses are located to the east and west. Low density residential homes exist to the north and to the south are outside the Corpus Christi City Limits (OCL) yet is described as vacant. Existing Zoning: The subject property is zoned "CG -2" General Commercial District (B-4" General Business District). The purpose of the "CG -2" General Commercial District ("B-4" General Commercial District) is to provide for various commercial uses, personal services, automotive services, etc. with access to an arterial street or freeway. Residential uses are allowed. The "CG -2" General Commercial District ("B-4" General Commercial District) requires a minimum 20 -foot front yard setback and no side or rear yards unless abutting a residential district; then 10400t side and rear set back is required. • Proposed Zoning: The purpose of the "IL" Light Industrial District ("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 —131— Applicant: Proportional Prosperity, LLC 'I we Owner. Proportional Prosperity, LLC ua Representative: Marco Gamboa S Address: 1302 Saratoga Boulevard ALegal Description/Location: 2.12 acres of Las Colonias, Unit 4, Block 1 Lots 25, 26, and 27 located at 1302 Saratoga on the northeast comer of Saratoga Blvd and Calle Las Colonias Dr. From: "CG -2" General Commercial ('B-4" General Business District) e 3 To: "IL" Light Industrial ("I-2" Light Industrial District) I o Area: 2.12 Acres N as Purpose of Request: The applicant is requesting an extension of the Special Permit granted in association with this zoning case. Zoning Existing Land Use Future Land Use Site "CG -2" General Commercial District Commercial Commercial "B-4" General Business District North "RS -4.5" Single-family 4.5 District Low Density Commercial ("R -1C" One-familyDwellingDist. Residential South Outside City Limits (OCL) Vacant Medium Density Residential East "CG -2" General Commercial District Vacant Commercial "B-4" General Business District West "CG -2" General Commercial District Vacant Commercial ("B-4" General Business District Area Development Plan: This tract of land is located in the Westside Area Development Plan °o and is planned for commercial uses. The proposed change in zoning is not consistent with the a adopted Future Land Use Plan which designates the area for commercial uses. Ri Map No.: 051,037 Zoning Violations: None Staff's Summary from orieinal zonine case: • Request: The applicant is requesting a change in zoning to the "IL" Light Industrial District ("I-2" Light Industrial District) to convert the facility to a vehicle warehouse for the police department. • Existing Land Uses: The subject property is currently a vacant commercial building. Commercial uses are located to the east and west. Low density residential homes exist to the north and to the south are outside the Corpus Christi City Limits (OCL) yet is described as vacant. Existing Zoning: The subject property is zoned "CG -2" General Commercial District (B-4" General Business District). The purpose of the "CG -2" General Commercial District ("B-4" General Commercial District) is to provide for various commercial uses, personal services, automotive services, etc. with access to an arterial street or freeway. Residential uses are allowed. The "CG -2" General Commercial District ("B-4" General Commercial District) requires a minimum 20 -foot front yard setback and no side or rear yards unless abutting a residential district; then 10400t side and rear set back is required. • Proposed Zoning: The purpose of the "IL" Light Industrial District ("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 —131— Page 1 of 4 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY PROPORTIONAL PROSPERITY, LLC, BY CHANGING THE ZONING MAP IN REFERENCE TO 2.12 ACRES OF LAS COLONIAS, UNIT 4, BLOCK 1, LOTS 25, 26, AND 27, FROM "B-4" GENERAL BUSINESS DISTRICT TO "B -NSP" GENERAL .BUSINESS DISTRICT WITH A SPECIAL PERMIT TO ALLOW THE USE OF A WAREHOUSE WITH OUTDOOR STORAGE, SUBJECT TO A SITE PLAN AND FIVE (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 Proportional Prosperity, LLC, 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, July 7, 2010, during a meeting of the Planning Commission, and on Tuesday, August 24, 2010, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 2.12 acres of Las Colonies, Unit 4, Block 1, Lots 25, 26, and 27, located at 1302 Saratoga on the northeast corner of Saratoga Boulevard and Calle Las Colonias Drive, from "134" General Business District to "B-4/SP" General Business District with a Special Permit to allow the use of a warehouse with outdoor storage, subject to a site plan, attached, and five (5) conditions. (Zoning Map 051037) (Exhibit A) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following five (5) conditions: Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the "B-4" General Business District is the use of the property for a warehouse use with outdoor storage. The outdoor storage shall be located on Lots 26, and 27 with a setback of 50 feet from H:ILEG-DIR1SheredILEGAL-PEV.SVCS\2010 Agenda%8-241CASE NO.0710-01 PROPORTIONAL PROPERTIES, LLC\070101 B-4 To BASP.Doc ry w n r -,- INDEp Page 2 of 4 the rear property lines and not within the 20 foot front yard setback, such storage may not project above the fence. 2. Landscaping: Landscaping must be provided in accordance with Article 2713, Landscape Requirements, as if new construction. All plant material must be kept in a healthy growing condition at all times. All landscaping must be installed prior to the issuance of a Certificate of Occupancy. 3. Screening: The fencing of outdoor storage shall consist of the existing cyclone fence covered by an opaque privacy mesh. Such fence with mesh shall be located along the northern, eastern property lines, and along southern property lines of Lots 26 and 27. Mesh to be placed along the western fence line, which does not impede the security sensors for ingress/egress to the property. 4. Lighting: All overhead lighting shall be shielded and directed away from adjacent residential properties. 5. Time Limit: Such Special Permit shall be deemed to have expired within 12 months 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. 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. H:\LEG-DIR\Shared\LEGAL-OEV.SVCS12010 Agenda\B-24\CASE NO. 0710-01 PROPORTIONAL PROPERTIES, LLC\070101 9-4 To B4SP.Doc —133— Page 3 of 4 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) thpt this o mance is passed upon first reading as an emergency measureonthisvol'AdL44LiLt2010. ATTEST: Armando Chapa City Secretary APPROVED: OR— 2010 6 eborah Walther 8r n Assistant City Aftom For City Attorney CITY OF CORPUS CHRISTI Joe A e Mayor, City of Corpus Christ] H:\LEG-DIRXShared%LEGAL-DEV.SVCS1201D ggendeW241CASE NO. 0710-01 PROPORTIONAL PROPERTIES, LLC1070101 B4 To 6-4SP.Doc —134— Page 4 of 4 Corpus Christi, Texas a� 7�'usday of 2010 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. 11we, 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, Council Members The above ordinance was passed Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Respectfully, Iwd o4 ,tl Joe Ad me Mayor, City of Corpus Christi by the following vote: EMMS DATE Z10 H:\LEG-DIR\Shamd\LEGAL-DEV.SVCS\2010 Aganda\6.24\CASE NO. 0710-01 PROPORTIONAL PROPERTIES, LLC\070101 B-4 To B-4SP.Doc CASE;.0%T10,-01 EXHIBIT B PLANNING COMMISSION & STAFF RECOMMENDATION Frojir B4 T6: B-41SP ORDINANCE NO. 1_�,,�,� f 4 F/2 S"4 I.V4 p. 0. 101 A :9 p - UPPIT , xv ss Vis: 98 —136— J� �a° �. fill,. F ? file 1. 527YA ink., 3W84 (M#MVRFD) Y� S39tlM1icrW 301M (PIAT) i Y °i I i T Z I� 5 Nb c ♦i I' � Die '� :tl .i I)s_Xuo'.101v 3nar (pLArJIj_ •� 0 I - _ zx Y2-YOM1TE 312.i5 (MEASURE , J SVIN01O) SV1 anyo t I e u v s f � r Hll dd(( E pp ee a z Yll t [ F .' PH -137- Zoning Report Case #:0710.01, Proportional Prosperity, LLC Page 2 city. Residential uses are not allowed. The "IL" Light Industrial District ("I-2" Light Industrial District) requires a minimum 20 -foot front yard setback and no side or rear yard setbacks are required unless the property abuts a residential district; in which case a 10 -foot side and rear set back would be required. The "IL" Light Industrial District ("I-2" Light Industrial District) does not have a minimum lot size, lot frontage, height limitation, open space requirement, or floor area intensity factor requirement. • Transportation and Circulation: The subject property has access to Saratoga Boulevard and Calle Las Colonias. The Urban Transportation Plans designates Saratoga Boulevard as an A3 Primary Arterial -Divided and Calle Las Colonias as a C I Minor Residential Collector. o CORPUS CHRISTI POLICY STATEMENTS: a. ZONING IN AN AREA SHOULD BE CONSISTENT WITH THE ADOPTED AREA DEVELOPMENT PLANS. The City Council adopted area development plans shall be used as a guideline for zone changes and subdivision development decisions. In addition, the area development plans will provide a legal foundation upon which the City Council and the Planning Commission should base their land development decisions. However, area development plans should be flexible and are subject to revisions if conditions have changed since approval of an area development plan and/or if the proposed changes are consistent with the adopted Comprehensive Policy Statements. Staff Comment. The subject property is an existing commercial use that does not require a more intense district; rather a special permit should be issued. The "CG -2" General Commercial District ("B-4" General Business District) is not consistent with the future land use. d. WHEN AREAS ARE CONVERTED FROM RESIDENTIAL TO INDUSTRIAL ZONING, ACTIONS TAKEN SHOULD INCLUDE PROTECTING THE REMAINING RESIDENTIAL ENVIRONMENT. There are a number of industrially zoned areas containing housing concentrations that range in size from one-half to several full blocks. Although these areas are not suitable for continued long-term housing, they currently provide much needed housing for residents. If these areas are to be redeveloped for industrial uses, care must be taken to do so in a manner that is sensitive to the interests and needs of the residents. Staff Comment. The subject property will have effective screening, lighting, and landscaping to improve the aesthetics of the project. o WESTSIDE AREA DEVELOPMENT PLAN —138— Urban Traffic 3 Street Existing ROW Planned ROW Transportation Volume CDesignation 2008 Saratoga 160'/ 54' paved, 130' A3 Primary 13,232 d Boulevard 4 -Lanes Arterial -Divided Calle Las 60'/40' paved, Colonias 2 -lanes 60' Residential N/A Collector o CORPUS CHRISTI POLICY STATEMENTS: a. ZONING IN AN AREA SHOULD BE CONSISTENT WITH THE ADOPTED AREA DEVELOPMENT PLANS. The City Council adopted area development plans shall be used as a guideline for zone changes and subdivision development decisions. In addition, the area development plans will provide a legal foundation upon which the City Council and the Planning Commission should base their land development decisions. However, area development plans should be flexible and are subject to revisions if conditions have changed since approval of an area development plan and/or if the proposed changes are consistent with the adopted Comprehensive Policy Statements. Staff Comment. The subject property is an existing commercial use that does not require a more intense district; rather a special permit should be issued. The "CG -2" General Commercial District ("B-4" General Business District) is not consistent with the future land use. d. WHEN AREAS ARE CONVERTED FROM RESIDENTIAL TO INDUSTRIAL ZONING, ACTIONS TAKEN SHOULD INCLUDE PROTECTING THE REMAINING RESIDENTIAL ENVIRONMENT. There are a number of industrially zoned areas containing housing concentrations that range in size from one-half to several full blocks. Although these areas are not suitable for continued long-term housing, they currently provide much needed housing for residents. If these areas are to be redeveloped for industrial uses, care must be taken to do so in a manner that is sensitive to the interests and needs of the residents. Staff Comment. The subject property will have effective screening, lighting, and landscaping to improve the aesthetics of the project. o WESTSIDE AREA DEVELOPMENT PLAN —138— Zoning Report Case #:0710-01, Proportional Prosperity, LLC Page 3 C.5 - POLICY STATEMENT High-intensity commercial and industrial areas should be buffered to provide transition from residential areas through the existence of: A) Main roads; B) Public and institutional buildings; C) Open Space; D) Scale of Design E) Landscaping; and F) Other transitional land uses. Staff Comment. The subject property is a commercial venture with tourist implications,- due mplications,due to the fact of boat repair being the primary use of the property. C.6 — Policy Statement Industrial properties should be required to minimize undesirable "spillover effects" into residential and commercial areas (this includes noise, air pollution, negligent visual blight, etc.) by means of property layout -out and organization of activities by screening and maintaining buffer areas or zones for their activities. Staff Comment The subject property will require conditions to allow for an industrial use. Plat Status: The subject property is platted. Department Comments: This case recommendation is based on a previous zoning case # 0109-05, which approved a Special Permit for outdoor storage. The applicant as part of a process of a long term lease with the City as a warehouse use. The subject property was rezoned with a special permit on April 21, 2009 to allow for outdoor storage uses, subsequently, the property was not used for outdoor uses and the special permit expired on April 21, 2010. Special Permit Conditions as accepted by City Council: Denial of applicant's request to rezone the subject property to the "IL" Light Industrial District ("I-2" Light Industrial District) in lieu thereof approval of a rezoning to "CG-2/SP" General Commercial District with a Special Permit (`B-4/SP" General Business District with a Special Permit) and subject to a site plan and the following five (5) conditions: 1. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the "134" General Business District is the use of the property for a warehouse use with outdoor storage. The outdoor storage shall be located on Lots 26 and 27 with a setback of 50 feet from the rear property lines and not within the 20 foot front yard setback, such storage may not project above the fence. 2. Landscaping: Landscaping must be provided in accordance with Article 27B, Landscape Requirements, as if new construction. All plant material must be kept in a healthy growing condition at all times. All landscaping must be installed prior to the issuance of a Certificate of Occupancy. -139- Zoning Report Case #:0710-01, Proportional Prosperity, LLC Page 4 3. Screening: The fencing of outdoor storage shall consist of the existing cyclone fence covered by an opaque dark green privacy mesh. Such fence with mesh shall be located along the northern, eastern property lines, and along southern property lines of Lots 26 and 27. Mesh to be placed along the western fence line, which does not impede the security sensors for ingress/egress to the property. 4. Lighting: All overhead lighting shall not bleed into neighboring properties and shall be directed away from adjacent properties. 5. Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Plannine Commission and Staff Recommendation of the proposed Special Permit Time Extension: The proposed Special Permit (SP) time extension is the third zoning action for the property. The property was originally rezoned to the "IL/SP" Light Industrial District with a Special Permit ("I-2/SP") in early 2009. No development or improvements occurred on the property, therefore as per condition concerning time limits of the Special Permit the permit was deemed expired. The applicant filed for another change of zoning in July 2010. Another special permit was granted in August of 2010 by City Council. Since then, no development or improvements have occurred on the property. Therefore, due to the time limit condition of the latest special permit, it expired on August 24, 2011. Planning Commission and Staff recommend a time extension of six (6) months is granted to the Special Permit passed by Ordinance 028735. ,p Number of Notices Mailed Total — 30 within 200 foot notification area; 2 outside notification area 8 As of June 18, 2010 od Favor — 0 (inside notification area); 0 (outside notification area) U Opposition — 0 (inside notification area); 0 (outside notification area) Attachments: 1. Neighborhood 2009 Aerial 2. Neighborhood—Existing Land Use 3. Neighborhood—Future Land Use 4 Existing Zoning, Notice area, Ownership. -140- 7 � � K �Y sV � 1_ 14 1st Reading — 9/20/11 2nd Reading — 9/27/11 of i Clus � AGENDA MEMORANDUM Christi for the City Council Meeting of September 20, 2011 DATE: September 20, 2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P. E., Director of Engineering Services E -Mail: Petean(a)cctexas.com Work Phone: 826-3781 Ordinance appropriating funds for the payment of a change order on the Flour Bluff Drive Phase 1 project as requested by WalMart. PURPOSE: Ordinance appropriating $6,061.55 in payments from Satterfield and Pontikes Construction, Inc. in Fund No. 3530 for the Flour Bluff Drive Phase 1 Improvements Project for reimbursement of work performed for WalMart; changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase revenues and expenditures by $6,061.55 each. BACKGROUND AND FINDINGS: After the City's contractor, Haas Anderson Construction, had installed a fire hydrant on the Flour Bluff Drive Phase 1 project according to the plans and specifications, WalMart reconsidered the location of their driveway approach and this hydrant became in conflict with the new location. As a result, WalMart's contractor, Satterfield and Pontikes Construction, asked Haas Anderson to move the fire hydrant to a different location as to not be in conflict with their driveway. To expedite the work and avoid having two separate contractors within the same location, a change order is being issued to Haas Anderson to move the hydrant and Satterfield and Pontikes has paid the city for the cost of doing the work. This item is appropriating the funds received so a change order may be issued and Haas Anderson paid for the work of moving the fire hydrant. ALTERNATIVES: 1. Appropriate and issue change order as recommended. 2. Satterfield and Pontikes could move the hydrant themselves at a potential conflict with the City's job site. OTHER CONSIDERATIONS: N/A —147— FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense X Revenue Page 2 of 2 X CIP FISCAL YEAR: 2011-2012 Prior Year (CIP Only) Current Year Future Years TOTALS Budget $0 $6,061.55 $0 $6,061.55 Encumbered/Expended Amt. $0 $0 $0 $0 This item $0 6,061.55 $0 6,061.55 BALANCE $0 $0 $0 $0 FUNDS (S): COMMENTS: This project will allow WalMart to move their existing driveway approach and relocate the City's fire hydrant at WalMart's expense. RECOMMENDATION: City staff recommends approval of this agenda item so the change order may be issued. CONFORMITY TO CITY POLICY: Conforms to statutes regarding appropriation of funds and construction procedures. DEPARTMENTAL CLEARANCES: Water Department LIST OF SUPPORTING DOCUMENTS: Attachment 1: Change Order No, 6 Cc: Veronica Ocanas, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager -148- CHANGE ORDER Department of Engineering Services City of Corpus Christi, Texas CHANGE ORDER N0: Six(6) FUNDING SOURCE: 55095-4526-00000-170536 CONTRACT TQv1E: 555 Calendar Days Operating Department: DATE: 17 11 Name of Project: Flour Bluff Drive Phase 1 and 2 - SPID to Don Patdcio Contractor: Haas -Anderson CHANGE ADD DEDUCT Removal and Relocate Fire Hydrant (Jhabores) $5,271.00 BAC Administrative Markup (15%) $790.65 Total ADD: $6,061.65 left How can similar changes be avoided in the future? A. CONTRACT PRICE B. TOTAL CHANGE ORDER (inc. current) C. NEW CONTRACT PRICE D. THIS CHANGE ORDER E. PERCENT TOTAL CHANGE (B!A) F. PREVIOUS TIME AUTHORIZED G. ADDN'L CONTRACT TIME THIS CHANGE ORDER H. TOTAL ADDITIONAL TIME CITY OF CORPUS CHRISTI, TEXAS BY Director of Engineering Services APPROVED: Operating Department of Management & Ipudget Legal Department $6,139,638.55 $243,021.9 � $6,382,660.7,651 $6,061.65 3.96% 0 e1D• 3 cp. ".Urban En " eering O Project Manager Page 9 of 2 Ordinance appropriating $6,061.55 in payments from Satterfield & Pontikes Construction, Inc. in Fund No. 3530 for the Flour Bluff Drive Phase 1 Improvements Project for reimbursement of work performed for Wal-Mart; changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase revenues and expenditures by $6,061.55 each. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. An amount of $6,061.55 in payments received from Satterfield & Pontikes Construction, Inc. is appropriated in Fund No. 3530 for the Flour Bluff Drive Phase 1 Improvements Project, for reimbursement of construction work performed for Wal-Mart by the City's contractor, Haas -Anderson. Section 2. The FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 is changed to increase revenues and expenditures by $6,061.55 each. ATTEST: Armando Chapa City Secretary Approved as t form:31- g-11 Veronica Ocanas Assistant City Attorney for City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor 091311 ORD APP $6,061.55 reimbursement for Flour Bluff Dr Phase 1- work perf'd for WalMart -151- Page 2 of'2 The foregoing ordinanc as rea or a first ime and passed to its second reading on this the ay of � , 2011, by the following vote: Joe Adame John E. Marez Chris N. Adler Larry Elizondo, Sr Kevin Kieschnick Priscilla G. Leal Nelda Martinez Mark Scott David Loeb The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2011, by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal PASSED AND APPROVED on this the ATTEST: Armando Chapa City Secretary John E. Marez Nelda Martinez Mark Scott David Loeb APPROVED as to legal orm: -Aug-11 By: 1,410 Veronica Ocanas Assistant City Attorney for City Attorney day of 2011. Joe Adame Mayor 091311 ORD APP $6,061.55 reimbursement for Flour Bluff Or Phase 1- work perfd for WalMart —152— 15 DATE: 9/7/2011 TO: Ronald L. Olson, City Manager 11 Reading — 9/20/11 2nd Reading — 9/27/11 AGENDA MEMORANDUM for the City Council Meeting of September 27, 2011 FROM: Stephen Draper, Interim Director of Development Services/Building Official StephenD@cctexas.com (361)826-3246 ordinance to consider abandoning and vacating a portion of a 20 -foot wide undeveloped, dedicated public right-of-way, out of Lot 7, Section 19, Bohemian Colony Lands. CAPTION: Public hearing and ordinance to consider abandoning and vacating a portion of a 20 -foot wide undeveloped, dedicated public right-of-way, out of Lot 7, Section 19, Bohemian Colony Lands, said public right of way, located between the Yorktown Boulevard public right-of-way and Oso Creek, and south of the Schanen Ditch drainage right-of-way, subject to compliance with the specified conditions. BACKGROUND AND FINDINGS: George Mostaghasi ("Owner") is requesting the abandonment and vacation of a 7,14,).84 -square foot portion (0.164 ac.) of a 20 -foot wide undeveloped, dedicated public right-of-way, to accommodate the development of the property (Ranch Lake Unit 2 Subdivision). Staff recommends that payment of the fair market value be waived because City Code, Section 49-12, eliminates payment of the fair market value when an abandoned street is unimproved, as it is in this case. ALTERNATIVES: N/A OTHER CONSIDERATIONS: Public hearing and first reading of the ordinance to consider abandoning and vacating a 7,143.84 -square foot portion (0.164 ac.) of a 20 -foot wide undeveloped, dedicated public right-of-way. CONFORMITY TO CITY POLICY: These requirements are in compliance with City of Corpus Christi, Code of Ordinances §49-12 (a), as amended and approved on July 13, 2004, by Ordinance No. 025816. EMERGENCY/NON-EMERGENCY: Non -Emergency —155— DEPARTMENTALCLEARANCES: All public and franchised utilities were contacted. None of the city departments or franchised utility companies had any facilities within the undeveloped, dedicated public right-of-way or objections regarding the proposed public right-of-way abandonment. FINANCIAL IMPACT: Not applicable Fiscal Year: 2011-2012 Project to Date Expenditures CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: N/A RECOMMENDATION: City staff recommends approval and upon approval by Council and issuance of the ordinance, all grants of establishment or closing of public streets, alleys, or other public ways street closure must be recorded in the real property records of the county in which the property is located. LIST OF SUPPORTING DOCUMENTS: Ordinance and Metes and Bounds: Description & Exhibits Approvals: Deborah Brown, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Rudy D. Garza, Assistant City Manager -156- Ordinance abandoning and vacating a portion of a 20 foot wide undeveloped, dedicated public right-of-way, out of Lot 7, Section 19, Bohemian Colony Lands, said public right of way, located between the Yorktown Boulevard public right of way and Oso Creek, and south of the Schanen Ditch drainage right of way; subject to compliance with the specified conditions. WHEREAS, owner, George Mostaghasi, is requesting the abandonment and vacation of a 7,143.84 -square foot portion (0.164 Acre) of a 20 foot wide undeveloped, dedicated public right-of-way, out of Lot 7, Section 19, Bohemian Colony Lands, located between the Yorktown Boulevard public right of way and Oso Creek, and south of the Schanen Ditch drainage right of way, in order to accommodate the development of River Lake Unit 2 subdivision. WHEREAS, with proper notice to the public, public hearing was held on Tuesday, September 27, 2011, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of.the right of way, subject to the provisions below. (Exhibit A -Road Closure Tract Metes and Bounds Description, Exhibit B -Map Accompanying Metes and Bounds Description, Exhibit C- Location Map, attached) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That a 7,143.84 -square foot portion (0.164 Acre) of a 20 foot wide undeveloped, dedicated public right-of-way, out of Lot 7, Section 19, Bohemian Colony Lands, as recorded in Volume A, page 48 of the Map Records of Nueces County, Texas, located between the Yorktown Boulevard public right of way and Oso Creek, and south of the Schanen Ditch drainage right of way, is abandoned and vacated, subject to compliance with the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above right of way is conditioned upon compliance with the following: A) In accordance with City of Corpus Christi, Code of Ordinances §49-12 payment of the fair market value is waived in this matter, as no payment is required for the fair —157— Page 2 of 3 market value of any public street or other public way which is unimproved and not used for any public street purpose, as in this case. B) Within 180 days of approval by the City Council and issuance of the ordinance all grants of establishment or closing of public streets, alleys, or other public ways, must: 1.) Be recorded, at owner's expense, in the real property records of Nueces County, the county in which the property is located; and 2.) Prior to permitting any construction on the land, an up-to-date surrey, abstracted for all streets, alleys or public ways and items of record must be submitted to the Director of Development Services. Signatures on following page. K:\Legal\SHARED\LEGAL-DEV.SVCS\2011 Agenda\9-13-11\Ranch Lake Unit 2\8-31-11ORD. to aban & vacate ROW.DWE Final.docx —158— Page 3 of 3 That the foregoing ordina ce was read or the fiat time and passed to its second reading on this the _aO day of ',rn 2011, by the following vote: Joe Adame '4-W David Loeb 94,111 Chris N. Adler —� John E. Marez Larry R. Elizondo, Sr. Nelda Martinez Kevin Kieschnick A Mark Scott Priscilla 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 Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary APPROVED as to form: August 31, 2011 By: Z, gw eborah Walther Br w Asfisistant City Attorney or City Attorney Corpus Christi, Texas David Loeb John E. Marez Nelda Martinez Mark Scott day of Joe Adame Mayor 2011. K:\Legal\SHARED\LEGAL-DEV.SVCS@011 Agenda\9-13-11\Ranch Lake Unit 2\8-31-IIORD. to aban & vacate ROW.DWB Final.docx -159- MURR.AY BASS, JR., P.E.,R.P.LS. NIXON M. WELSH, P.E.,R.P.LS. www.bass-welsh.com e-mail: nixmwralaol.com BASS & WELSH ENGINEERING TX Registration No. F-52 P.O. Box 6397 Corpus Christi, TX 78466-6397 Road Closure Tract STATE OF TEXAS COUNTY OF NUECES 3054-S. ALAMEDA, ZIP 78404 361 882-5521— FAX 361 882-1265 e-mail: murrayirtBaol.com June 6, 2011 10039-M&B-StrLIo.doc Description of a 0.164 acre tract of land, more or less, a portion of a 54.02 acre tract of land described by deed, Document No. 978624, Official Public Records, Nueces County, Texas and being a portion of Lot 7, Section 19, Bohemian Colony Lands, a map of which is recorded in Volume "A", Page 48, Map Records of said county, and being a portion a 40' Public road, as shown by said map of Bohemian Colony Lands, said 0.164 acre tract for road closure as further described by metes and bounds as follows: Starting a the northernmost comer of King's Lake Subdivision, a map of which is recorded in Volume 65, Pages 197 and 198, said map records, thence N16014'08"W 691.62' to the point of curvature of a circular curve to the right having a central angle of 13°23'25", a radius of 1060.00' and a chord bearing N9°32'25"W a distance of 247.16'; THENCE along the arc of said circular curve to the right a distance of 247.73' to the POINT OF BEGINNING and northeast or easternmost north comer of the tract herein described; THENCE S29014'34'W 353.69' along a line 20.00' southeast of and parallel to the common southeast boundary line of Lot 1, Section 18, said Bohemian Colony Lands and the northwest boundary line of said Lot 7, Section 19, Bohemian Colony Lands, to a point for the southernmost comer of the tract herein described and being in the east gradient boundary line of Oso Creek as approved by the Texas General Land Office pursuant to letter Dated August 26,1983 as described in said deed, Document No. 978624; THENCE N10004'52'W 31.56' along said east gradient boundary line of Oso Creek to a point for the southwest corner of the tract herein described; THENCE N29°14'34"E along said common southeast boundary line of Lot 1, Section 18, Bohemian Colony Lands and the northwest boundary line of Lot 7, Section 19, Bohemian Colony Lands, being the northwest boundary line of said 54.02 acre tract, a distance of 361.81' to a point in the west right-of-way line of Yorktown Boulevard for northernmost comer of the tract herein described; EXHIBIT "A" Page 1 of 2 -160- Metes and Bounds Description, June 6, 2011, Continued; THENCE S2015'14"E 27.25' along said west right-of-way of Yorktown Boulevard to the point of curvature of a circular curve to the left having a central angle of 0°35'29", a radius of 1060.00' and a chord bearing S2°3T58"E a distance of 10.94'; THENCE along the arc of said circular curve to the left a distance of 10.94' to the POINT OF BEGINNING, a sketch showing said 0.164 acre tract being attached hereto as Exhibit `B". EXHIBIT "A" Page 2 of 2 —161— olp 0 cls ' 15' 14'E 27, 25' I=0' 35' 29' R=1060. 00' T=S. 47' L=10. 94' CB=S2'32'S8'E \H=10. 94' 20• \ I=13.23'25' R=1060.001 tM0 \ T=124.43' L=247, 73' CB=N9'32'25'W M \ CH=247. 16' 4 \7 o$ 4' oa \ 20' WIDE STRIP opC�O4 yr FOR STREET py��y — CLOSURE, 0.164 AC. g� d r�ddOG �A- t �c�d�9O SE yQ9Gyp`AO �Sp1RE C`�� p r 'P BASS AND WELSH ENGINEERING, CORPUS CHRISTI, TX REGISTRATION NO. F-52 EXB-STR CLOSURE DWG PLOT SCALE 1' = 100' JOB NO. 10039 PLOT DATE 06/06/11 SHEET 1 OF 1 +9ydl� \ r9f �O \ �2 E9 \GCi EXHIBIT "B" SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION -162- 5 1 4 ' BLK 1, KING' S LAKE 6 V. 65, P. 197 e 198, M. R. F (STREET CLOSURE) LOCATION MAP 1' = 400' EXHIBIT °C" BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX REGISTRATION NO, F-52 LOC MAP. DWG PLOT SCALE V = 100' JOB NO. 10039 PLOT DATE 06/06/11 SHEET I OF 1 -163- 16 FROM: CAPTION: AGENDA MEMORANDUM for the City Council Meeting of September 27, 2011 DATE: TO: Ronald L. Olson, City Manager Pete Anaya, P. E., Director of Engineering Services petean(sDcctexas.com, (361) 826-3781 Michael Morris, Director of Parks and Recreation 7n7n michaelmoacctexas.com, (361) 826-3464 Multiple issues relating to Packery Channel: A. Ordinance approving revised Project and Financing Plans B. Ordinance appropriating and transferring $1,393,400 for approved projects C. Ordinance changing the three year revenue and expenditure projection for Reinvestment Zone No. 2 Fund D. Award of Construction Contract: Packery Channel Dredging and Beach Nourishment E. Award of Monitoring Contract: Packery Channel Quarterly Monitoring for 2011-2012. A. Ordinance approving an amendment to the revised Project and Financing Plans for the Reinvestment Zone Number Two, City of Corpus Christi; approving the grant of authority to the Zone's General Manager to decide whether the expenditure of the Zone's funds should be handled by the City of Corpus Christi or the North Padre Island Development Corporation; authorizing the City Manager to expend less than $50,000 on repairs to public infrastructure and equipment in the Packery Channel project area with funds from the Zone's Maintenance Reserve; providing for severance; providing for publication; and declaring an emergency. B. Ordinance approving the appropriation and transfer of money from the No. 1111 Reinvestment Zone No. 2 Fund to the No. 3278 Packery Channel Projects TIF #2 Fund for Packery Channel projects; making conforming changes to the Three Year Revenue and Expenditure Projection for Reinvestment Zone No. 2 Fund in the FY 2011-2012 Budget; and declaring an emergency. C. Ordinance changing the Three Year Revenue and Expenditure Projection for Reinvestment Zone No. 2 Fund in the FY 2011-2012 Budget; authorizing the City Manager to expend funds from the Maintenance Reserve for necessary repairs within the Packery Channel project area; and declaring an emergency D. Motion authorizing the City Manager, or designee, to execute a construction contract with Apollo Environmental Strategies of Beaumont, Texas in the amount of $1,757,655 for the Packery Channel Dredging and Beach Nourishment for the Base Bid plus Additive Alternate No. 1. —167— E. Motion authorizing the City Manager, or designee, to execute Amendment No. 6 to the contract between the City and Texas A & M University — Corpus Christi (Division of Nearshore Research) in the amount of $293,400 for a restated not to exceed amount of $1,233,639 for Packery Channel Quarterly Monitoring for 2011 — 2012. BACKGROUND AND FINDINGS: On Tuesday, September 6, 2011, City Staff appeared before the Island Strategic Action Committee (ISAC) for several issues including amending the TIRZ #2 Project and Financing Plans to add several authorized projects and for their recommendation on the Packery Channel Dredging and Beach Nourishment project and the Packery Channel Quarterly Monitoring Contract. After staff's presentation, ISAC voted to recommend the Amendment to the TIRZ #2 Project and Financing Plans and the two Packery Channel contracts as presented. (See Attachment 8) Packery Channel Dredging and Beach Nourishment project: This project supports the City's commitment of maintaining a navigable waterway within Packery Channel. The project consists of dredging approximately 264,300 cubic yards of beach quality material from within Packery Channel and placement of the dredged material as beach nourishment along the Gulf shoreline to the south of Packery Channel, generally between the south end of Holiday Inn and Viento Del Mar (approximately 1.4 miles) Additive Alternate 1 consists of hydraulic or mechanical dredging approximately 4,000 cubic yards of additional sand material located within the channel, upstream of the State Highway 361 bridge. This will remove isolated accumulations of material. Additive Alternate 2 includes redistribution and truck hauling of 15,000 cubic yards of sand from the north to the south end of the N. Padre Island Seawall. On July 20, 2011, the City received proposals from seven (7) bidders and the lowest three bidders and their respective bids are as follows: Contractor Base Bid Additive Alternate 1 Additive Alternate 2 Apollo Environmental Strategies, Inc., Beaumont, TX $1,745,655 $12,000 $41,250 Callan Marine, Galveston, TX $2,493,643 $75,800 $97,950 Great Lakes Dredge & Dock, Burlington, IA $2,518,233 $88,400 $75,000 ALTERNATIVES: The following alternatives were considered: 1. Award Base Bid only for $1,745,655 (Apollo Environmental Strategies, Inc) 2. Award Base Bid plus Additive Alternative No. 1 for a total of $1,757,655.00 (Apollo Environmental Strategies, Inc) 3. Award Base Bid plus Additive Alternative No. 1 plus Additive Alternative No. 2 for a total of $1,798,905.00 (Apollo Environmental Strategies, Inc) offd-m OTHER CONSIDERATIONS: Notice to proceed with construction will be pending the results of the updated September quarterly monitoring of sediment transport within Packery Channel, conducted by Texas A&M University of Corpus Christi. Additive Alternate No. 2 includes redistribution of approximately 15,000 cubic yards of sand from the north end of the seawall to the south end of the seawall. In April of 2011, similar work was completed under a separate project. If during this project construction site conditions warrant that there is a need to redistribute additional sand from the north end of the seawall, the scope of this project can be adjusted accordingly via change order. Awarding the Base Bid plus Additive Alternative No. 1 fall within the project construction budget and were recommended to be the best value for the City. Packery Channel Quarterly Monitoring Contract: Packery Channel monitoring began in 2003 by Texas A&M University — Corpus Christi (TAMUCC) Division of Nearshore Research (DNR). DNR's monitoring was conducted under sponsorship of the U.S. Army Corps of Engineers (USACOE), Galveston District. USACOE ceased monitoring efforts in 2007. The City assumed sponsorship of monitoring in 2008, and contracted with DNR to continue monitoring. CONTRACT: The monitoring effort to be undertaken through Contract Amendment No. 6 is a continuation of a comprehensive study of change in channel depth, shoaling, scour, shoreline position and beach volume at Packery Channel. The frequency of bathymetric monitoring is reduced in 2010-2011 to three times per year based on prior data results, and to reduce monitoring cost. Amendment No. 6 also reduces the summer environmental monitoring to emphasize channel shoal formation and further reduce monitoring cost. The monitoring program was presented to the Island Strategic Action Committee (ISAC). All questions asked by ISAC were answered and the attendees seemed satisfied with the purpose and scope of the new contract. The Committee did not request any additional information. The monitoring program includes: • Project Management; • Aerial Photography; • Beach Profile surveys; • Shoreline Position surveys; • Surveys of channel and nearshore depth and morphology (bottom features); • Inland Channel Segment and Mollie Beattie Coastal Habitat Community; and • Event/Storm and Dredge/Environmental Support Surveys, A contract summary is attached. ALTERNATIVES: 1. Award the contract as recommended. 2. Cease Monitoring. CONFORMITY TO CITY POLICY: This item conforms to City Policy for Resolution and Ordinance approval process, State statues for public bid and award methods and city policy and the Professional Procurement Act and City policy. -169- EMERGENCY/NON-EMERGENCY: This item is being approved under an emergency so the dredging project may begin immediately due to construction sequencing needing to coordinate with turtle nesting and the project needing to be completed prior to spring break. DEPARTMENTAL CLEARANCES: Engineering Services Park & Recreation Legal Department FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense X Revenue X CIP Fiscal Year: 2011-2012 Project to Date Expenditures (CIP) Current Year Future Years TOTALS Budget 328,945 2,051,055 2,380,000 Encumbered / Expended Amount 328,945 This item 2,051,055 2,380,000 BALANCE 01 0 0 RECOMMENDATION: City staff, HDR Engineering and the Island Strategic Action Committee recommends this item be approved as presented. LIST OF SUPPORTING DOCUMENTS: 1. 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. 2. Ordinance approving the appropriation of $1,393,400 from the unreserved fund balance in the No. 1111 Reinvestment Zone No. 2 Fund and approving the transfer to and appropriation in the No. 3278 Packery Channel Projects TIF #2 Fund 3. Ordinance changing the Three Year Revenue and Expenditure Projection for Reinvestment Zone No. 2 Fund in the FY 2011-2012 Budget, 4. Packery Channel Dredging Bid Tab 5. Packery Channel Dredging Budget 6. Packery Channel Dredging Location Map 7. Packery Channel Monitoring Contract Summary S. Packery Channel Monitoring Location Map 9. Finance Plan recommended by the Island Strategic Action Committee Approvals: Jay Reining, First Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget -170- 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; approving the grant of authority to the Zone's General Manager to decide whether the expenditure of the Zone's funds should be handled by the City of Corpus Christi or the North Padre Island Development Corporation; authorizing the City Manager to expend less than $50,000 on repairs to public infrastructure and equipment in the Packery Channel project area with funds from the Zone's Maintenance Reserve; 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, which has been previously amended on March 22, 2011, 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. The FY 2011-2012 Budget adopted by the Board of Directors, Reinvestment Zone Number Two, City Of Corpus Christi, attached to and incorporated into this ordinance as Exhibit 2, is approved. Section 3. The action of the Board of Directors of Reinvestment Zone Number Two, City of Corpus Christi, taken on this date, that authorized the General Manager of the Zone to determine whether expenditures of the Zone's funds should be handled by the City of Corpus Christi or the North Padre Island Development Corporation is approved. Section 4. The City Manager is authorized to expend less than $50,000 for repairs to public infrastructure and equipment within the Packery Channel project area from funds provided by the General Manager of the Reinvestment Zone Number Two, City of Corpus Christi, from the Reinvestment Zone's Maintenance Reserve, without the approval of the City Council. Expenditure for repairs of $50,000 or more require approval of the City Council. Section 5. 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 6. 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. ORDINANCEA —171— Page 2 of 3 Section 7. 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 September, 2011. Attest: City of Corpus Christi Armando Chapa Joe Adame City Secretary Mayor Approved: September_, 2011 R. Jay Reining First Assistant City Attorney For City Attorney ORDINANCEA —172— 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 R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott ORDINANCEA —173— Page 1 of 3 Ordinance approving the appropriation and transfer of money from the No. 1111 Reinvestment Zone No. 2 Fund to the No. 3278 Packery Channel Projects TIF #2 Fund for Packery Channel projects; making conforming changes to the Three Year Revenue and Expenditure Projection for Reinvestment Zone No. 2 Fund in the FY 2011-2012 Budget; and declaring an emergency. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That $1,393,400 from the unreserved fund balance in the No. 1111 Reinvestment Zone No. 2 Fund is transferred to and appropriated in the No. 3278 Packery Channel Projects TIF #2 Fund for expenses related to channel and beach monitoring in the Packery Channel project area, maintenance dredging of Packery Channel and the renourishment of the beach seaward of the Padre Island seawalls, and installation of the Packery Channel Phase 3 — Restroom Facilities. Section 2. That Ordinance No. 29155, which adopted the FY 2011-2012 Budget, is changed by decreasing the unreserved fund balance and increasing expenditures proposed for YR 1 FY 2012 for "Operating Transfers Out' by $1,393,4000 each. Section 3. The City Manager is authorized to make necessary conforming changes to the Three Year Revenue and Expenditure Projection for Reinvestment Zone No. 2 Fund in the FY 2011-2012 Budget. 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 September, 2011. Attest: Armando Chapa City Secretary Approved: September , 2011 R. Jay Reining OrdinanceB City of Corpus Christi Joe Adame Mayor —174— First Assistant City Attorney For City Attorney OrdinanceB —175— 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 R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott Ordinances —176— Page 1 of 3 Ordinance changing the Three Year Revenue and Expenditure Projection for Reinvestment Zone No. 2 Fund in the FY 2011-2012 Budget; authorizing the City Manager to expend funds from the Maintenance Reserve for necessary repairs within the Packery Channel project area; and declaring an emergency Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. Ordinance No. 29155, which adopted the FY 2011-2012 Budget, is changed by appropriating $118,707 from the unreserved fund balance and increasing proposed expenditures for YR 1 FY 2012 by adding $64,796 for Packery Channel Patrol Operations and adding an expenditure line for "Administrative Costs" in the amount of $53,911, by appropriating and transferring $600,000 from the unreserved fund balance and committing the $600,000 to the "Dredging Maintenance Reserve," and by appropriating and transferring $500,000,000 from the unreserved fund balance and committing the $500,000 to a new "Maintenance Reserve," for the Three Year Revenue and Expenditure Projection for Reinvestment Zone No. 2 Fund. Section 2. The City Manager is authorized to make necessary conforming changes to the Three Year Revenue and Expenditure Projection for Reinvestment Zone No. 2 Fund in the FY 2011-2012 Budget. Section 3. Authorizing the City Manager, either in his capacity as either the City Manager or as the Executive Director, North Padre Island Development Corporation, to spend amounts less than $50,000 from the Tax Increment Reinvestment Zone No. 2 Maintenance Reserve for necessary repairs to public improvements and equipment within the Packery Channel project area. Expenditures of $50,000 or more require the approval of the City Council or Board of Directors of the North Padre Island Development Corporation. 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 September, 2011. Attest: Armando Chapa City Secretary OrdinanceC City of Corpus Christi Joe Adame Mayor —177— Approved: September 8, 2011 R. Jay Reining First Assistant City Attorney For City Attorney OrdinanceC —178— 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 R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott OrdinanceC —179— REINVESTMENT ZONE NO.2 FUND (1111) REVENUE DETAIL ACCOUNT ACCOUNT ACTUALS UNAUDITEDPROPOSED NUMBER DESCRIPTION 2009-2010 2010-2011 2011-2012 Unreserved Bond Reserve Dredging Reserve Maintenance Reserve BEGINNING BALANCE OPERATING REVENUE Taxes RIVZ#2 property taxes Total Taxes TOTAL OPERATING REVENUE NON-OPERATING REVENUE 5,357,092 5,458,697 3,167,505 1,500,000 1,500,000 1,500,000 1,400,000 1,400,000 0 0 0 6,857,092 8,358,697 6,067,505 3,357,599 2,803,582 3,101,488 3,357,599 2,803,582 3,101,488 3,357,599 2,803,582 3,101,488 Interest Income 340900 interest on investments 29 3,167 18,077 Total Interest Income 29 3,167 18,077 TOTAL NON-OPERATING REVENUE 29 3,167 18,077 TOTAL REVENUE & INTERFUND CONTRIB 3,357,628 2,806,749 3,119,565 TOTAL FUNDS AVAILABLE ME-= 10,214,720 11,165,446 9,187,070 REINVESTMENT ZONE NO.2 FUND (1111) EXPENDITURE DETAIL BY ORGANIZATION ORG I ORGANIZATION ACTUALS UNAUDITED PROPOSED NUMBER NAME 2009-2010 2010-2011 I 2011-2012 Departmental Expenditures 12960 Packery Patrol Operations 14800 Packery Channel Operating Transfers Out (Tc Fund 3278) Phase 3 of"Six Pack" Dredging Contract Monitoring Total Departmental Expenditures Non -Departmental Expenditures 55000 Principal retired 55010 Interest 55040 Paying agent fees Total Non -Departmental Expenditures TOTAL REINVESTMENT ZONE NO.2 (1111) BOND RESERVE DREDGING RESERVE MAINTENANCE RESERVE UNRESERVED CLOSING BALANCE -181- 134,829 120,475 190,000 945,902 3,820,107 53,911 0 0 200,000 0 0 1,900,000 0 0 293,400 1,080,731 3,940,582 2,637,311 175,000 575,000 670,000 593,662 576,789 548,775 6,630 5,570 8,300 775,292 1,157,359 1,227,075 1,856,023 5,097,941 3,864,386 1,500, 000 1,500,000 1,500,000 1,400,000 1,400,000 2,000,000 0 0 500,000 5,458,697 3,167,505 1,322,684 8,358,697 6,067,505 5,322,684 Reinvestment Zone Number Two City of Corpus Christ] Texas Packery Channel Projections July 31, 2011 Unaudited Tar FYE BegMtg Net Taxable CePhand Value TF 6pareat Total Annual Cast Ending CUMIILATNE Year 7/31 TF Fund Vaaras Real COYpions Eamhlgs Bahl,Fsesa Project Fbw TF Fund Bend pradgbg winteuvce Funds Available seen Property Expenses aleelues Balance Reserve Reserve Reserve Ce,erProjeots 2000 2001 y 5,b22,554 $ 81,732,341 (1) - $ 256,141,792 $ 2,682,595 $ - $ 1,193,738 $ 1,493,400 $ (104,543) $ 5,218,141 $1,500,000 y:$2,:q ApOa $ 2013 2014 2001 2002 (2) $ 92,086,188 $ 10,905,193 $ 163,482 $ 354 $ 111,712 $ - $ 52,124 $ 52,124 Agreesb CAFR 2015 $ 6,826,954 $ 389,702,663 2002 2003 $ 52,124 $ 101,265,608 $ 20,531,573 $ 281,039 $ 1,544 $ 58,594 $ - $ 223,989 $ 276,113 Agrees CAM $ 411,435,230 (2) $ 328,921,363 2003 2004 $ 276,113 $ 111,377,838 $ 31,242,521 $ 460,542 $ 2,658 $ 168,833 $ - $ 294,367 $ 570,480 Agrees In CAM $3,000,000 $ 4,071,572 $ - $ 2004 2005 $ 570,480 $ 148,690,968 $ 69,016,056 $ 1,015,239 $ 15,930 $ 503,177 $ - $ 527,992 $ 1,098,472 Agrees to CAM $3,000,000 1,331,425 $ 3,593,417 2005 2006 $ 1,098,472 $ 173,610,137 $ 91,012,532 $ 1,333,540 $ 58,540 $ 672,150 $ - $ 719,930 $ 1,818,402 Agreesto CAFR $3,000,000 $ 21,584,174 $1,500,000 2006 2007 $ 1,818,402 $ 252,025,820 $ 170,293,479 $ 2,332,093 $ 127,129 $ 817,482 $ - $ 1,641,740 $ 3,460,142 Agrees b CAM $3,000,000 $ 460,142 2007 2008 $ 3,460,142 $ 345,361,546 $ 263,629,205 $ 2,851,595 $ 143,028 $ 1,316,295 $ - $ 1,678,328 $ 5,138,470 Agrees b CAM $3,000,000 $ 2,138,470 2008 2009 $ 5,138,470 $ 403,827,598 $ 322,095,257 $ 3,601,895 $ 24,525 $ 784,763 $ 1,123,035 $ 1,718,622 $ 6,857,092 Ayees b CAM $1,500,000 $ 5,357,092 2009 2010 $ 6,857,092 $ 380,845,517 $ 299,113,176 $ 3,357,599 $ 29 $ 775,293 $ 1,080,730 $ 1,501,605 $ 8,358,697 Agreesto CAFR $ 1,500,000 $ 1,400,000 $ - $ 5,458,697 2010 on« 2011 anen $ 8358,697 a Ing.- $ 330,723,220 a �,.�,.,,...,,.,. $ 248,990,879 . ... n-......_ $ 2,803,582 - _ - $ 3,167 _ $ 1,157,358 $ 3,940,583 $ (2,291,192) _ $ 6,067,505 unaudited $1,500,000 $,1,400,000 $ - $ 3,167,505 IV 14 zuid y 5,b22,554 $ JJd,555,65a (2) $ 256,141,792 $ 2,682,595 $ - $ 1,193,738 $ 1,493,400 $ (104,543) $ 5,218,141 $1,500,000 y:$2,:q ApOa $ 2013 2014 $ 5,218,141 $ 366,192,055 (2) $ 283,678,188 $ 2,860,601 $ - $ 1,251,788 $ 1,608,813 $ 6.826,954 $1,500,000 $3,000,000 $ 2014 2015 $ 6,826,954 $ 389,702,663 (2) $ 307,188,796 $ 3,097,886 $ - $ 1,300,900 $ 1,796,986 $ 8,623,940 $1,500,000 $ 4,000,000 $ 2015 2016 $ 8,623,940 $ 411,435,230 (2) $ 328,921,363 $ 3,317,173 $ - $ 1,253,325 $ 2,063,848 $ 10,687,788 $1,500,000 $ 4,000,000 $ 2016 2017 $10,687,788 $ 486,191,313 (2) $ 403,677,446 $ 4,071,572 $ - $ 1,294,175 $ 2,777,397 $ 13,465,185 $1,500,000 $4,000,000 $ 2017 2018 $13,465,185 $ 570,745,210 (2) $ 488,231,343 $ 4.924,842 $ - $ 1,331,425 $ 3,593,417 $ 17,058,602 $1,500,000 $4,000,000 $ 2018 2019 $17,058,602 $ 666,451,157 (2) $ 583,937,290 $ 5,890,647 $ - $ 1,365,075 $ 4,525,572 $ 21,584,174 $1,500,000 $ 4,000,000 $ 2019 2020 $21,584,174 $ 774,856,231 (2) $ 692,342,364 $ 6,984,598 $ - $ 1,583,700 $ 5.400,898 $ 26,985,072 $1,500,000 $ 4,000,000 $ 2020 2021 $26,985,072 $ 897,728,294 (2) $ 815,214,427 $ 8,224,535 $ - $ 1,672,213 $ 6,552,322 $ 33,537,394 $1.500,000 $ 4,000,000 $ 2021 2022 $33,537,394 $ 1,037,088,042 (2) $ 954,574,175 $ 9,630,847 $ - $ 1,651.113!.21114 $ 41,517,128 $1,500,000 $4,000,000 $ $ 72,887,390 $ 394,981 $ 21,490,184 $ 41517,128 (1) - Obtained tom the TIF Detail Report for 2008 from the Nueces County Tax Office. (2) - Obtained from Market and Economic Feasibility Study Update on Tax Increment Reinvestment Zone #2, dated September 2009 - Prepared by. COS Spllle0e Raced of Expenditures for FY 2011-2012 Recap of Expenditures for FY 2012-2013 Phase 3 of "Six Pack" $ 200,000 Phase 3 of "Six Pack' $ 1,000,000 Dredging Contract $ 11900,000 Monitoring $ 293,400 Monitoring $ 293,400 Marina Patrol $ 145,000 Marina Patrol $ 145,000 Administrative Costs $ 55,000 New Pawl Boat $ 45,000 Total $;1,493{400' Administrative Costs $ 53,91 1 Total $.'-.$'--;2,037,3bY-", Transfer to Dredging Reserve Transfer to Dredging 9 9 Reserve r 'l'tigr Transferto Maintenance Reserve $ 500,000 500,000 $ 1,826,954 500,000 $ 2,623,940 500,000 $ 4,687,788 500,000 $ 7,465,185 500,000 $ 11,058,602 500,000 $ 15,584,174 500,000 $ 20,985,072 ) 500,000 $ 27,537,394 N 500,000 $ 35,517,128 00 r- TABULATION OF BIDS TIME OF COMPLETION ENGINEER'S ESTIMATE DEPARTMENT OF ENGINEERING— CITY OF CORPUS CHRISTI, TEXAS BASE BID: 120 Drys SGINAW TABULATED BY: HDR En,lowma, Inc. ADDITIVE ALTERNATE NO. 1: is Adtll'I Date $60,000 DATE July 20,2011 ADDITIVE ALTE]Rl NO. 2: 0Mdr]Dan. $76,000 PACKERYCHANNEL DREDGING 6. BEACH NOURISHMENT PROJECT I E10168 Apollo Environmental S0ete91ea P.O. See 12114 Beaumont, TX ]7726 400.633.3330 Callen Medne,LTD. P.O. Boa 17017 GaNeeton, TX ]]562 409-762,0124 Great Lone Omtlge S DoNU, LLC LW. Melodeon Manor P.O. Sox SIT on BON, Point Burlington, IA 52601 319-7646705 SoulMnnd Conduction Cop. 14849 Hwy 41 North, one 100 Enowille, IN 47725 512.867-7220 Bid Dam DESCRIPTION CITY UNIT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT BABE BID PART A -GENERAL A-1 MOSILIZATIONMEMOBILRATION, complete end in place per LUMP SUM 1 LS $ 195,000.00 S 195,000.00 $ 374,033,00 $ 37033.00 $ 377,721.00 $ 377,721.00 $ 411,925.00 $ 411,925.00 A-2 PREQREDGE HAZARD SURVEY, complete and In place per LUMP SUM 1 LS $ 4,376.00 $ 4,375.00 $ 50,000.00 $ 50,000.00 $ 52,000.00 $ 52,000.00 $ 8,450.00 S 8,450.00 A4 CONSTRUCTION SURVEYING, complete and in plata per UIM SUM i LS $ 66,250.00 $ 56,250.00 $ 103,500.00 $ 103,500.00 $ 40,000.00 $ 40,000.00 $ 53,963.00 $ 53,953.00 A4 DREDGING SECTIONS I AND 2, ..plot. entl In place per CUBIC YARD 204,300 CY S 3.85 $ 1,017,655.00 $ 5.10 $ 1,347.930.00 $ 5.84 S 1,543,512.00 $ 7.16 $ 1,882,308.00 A5 BEACH NOURISHMENT,.mpiNe and In place per LUMP SUM 1 LS $ 316M6.00 $ 316,225.011 S 460,000.00 § 460,000.00 $ 345,000.00 $ 346,000.00 S 22],394.00 $ 227,384.00 AAS AERIAL PHOTOGRAPHY, complete and in place per LUMP SUM i LS $ 6,250.00 E 8,250.00 $ 8,000.00 $ 8,000,00 $ 10,000.00 $ 10,000.00 $ 2,080.00 $ 2,080.00 A-7 ALLOWANCE FOR ADDITIONAL DREDGING IN SECTIONS I AND 2, complete erd In plan per CUBIC YARD 1 LB $ 150,000.00 S 150,000.00 $ 150,000.00 $ 150,000.00 $ 150,000.00 $ Ismol'.00 E 150,000.00 - S 150,000.00 SUBTOTAL A4 TIIRU A -T E 1,745,855.00 $ 2,493,463.00 E 2,518,233.00 § 2,]46,180.00 BM nem DESCRIPTION CITY UNIT UNRPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT ADDITIVE ALTERNATE NO. 1 -DREDGING SECTION 3 ADD.ALTA DREDGINGSECTION3,aomplet..Minp1e.pdr CUBIC YARD 4000 CV S 3.00 $ 12,000.00 S 18.85 E ]5,600.00 $ 22.10 S 118,400.00 $ 22.35 $ 88,400.00 Bid lMm DESCRIPTION DTT UNIT UNITPRICE AMOUNT VNR PRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT ADDIME ALTERNATE NO. 2- SAND EXCAVATION AND HAULING ADD.ALT.2 BEACH SCRAPE -DOWN (SAND EXCAVATION AND HAUUNGATSEAWALL),.mpleteendinple.per CUBIC YARD 151000 CY $ 2.75 § 41,250.00 § 6.59 $ 0],950.00 S 5.00 a ]S,BBo.Do $ 8.18 $ 1.4 Do. SIDSUMMARY BASE BID (TEN A-1 THRU A -TI: 3 1.745,665.00 $ 2,518.233.00 $ 2,746 WAS S 75.000.00 AMD. ALT. NO. I (ITEM ADD. 1): $ 12.0011.00 $ 88.400.00 S 89.400.00 ADD. ALT. NO. 2( ITEM ADD. 2): § 41,250.00 S 97.950.00 $ 75.000.00 § 122.400.00 TOTAL BASE SID PLUS ADDITIVE ALT. NO. 1: $ 1,]6],055.00 S 2.569,283.00 $ 2.606633.00 S 2,835.580.00 TOTAL BASE BID PLUS ADDITIVE ALT. NO. 2:i S 1,].8.805.00 $ 2.591,413.00 $ 2.593233.00 $ 2.008,590.00 TOTAL BASE BIO PLUS ADDITIVE ALT. NO. I AND ADD. ALT. NO. 2:1 IFFIFFIF 1 $ 11708.805.00 1 1 $ 2,857213.00 $ 2.ESI..3..W $ 2.957,990.00 -183- TABULATION OF BIDS DEPARTMENT OF ENGINEERING — CITY OF CORPUS CHRISTI, TEXAS TASUTATED M. NOR Engineering, Inc. DATE: *20,Mll PACKERY CHANNEL DREDGING B BEACH NOURISHMENT PROJECT NEI 0168 IOng PI.her Medn.Ser,4.,LP P.O. Bax 108 1112Bmadmy Pan Lavaca, TX]]1179 951.5524751 Mannon ConstruUlon Co. P.D. 9.24067 6209 Seat Mammal Wey S. SevlVe,WA 98124 20&]82ANO Weans Merino 304 Said. Drive Inmva.deBminass PeB C.Angl.n, LA 70,133 gll d&2500 BM Item DESCRIPTION OTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT BASE BID PART A -GENERAL A-1 MOSILUATIONIDEMOBILUATION,...Plate and In place per LUMP SUM 1 LS $ 382,00100 $ 3112,00000 S 430,000.00 S 430,000,00 $ 1,850,000.00 $ 1,850,000.00 Ad PRE -DREDGE HAZARD SURVEY, ..Plate and in place per LUMP SUM 1 LS $ 55,000.00 $ 55,000.00 $ 35,000.00 S 3500000 S 50,000.00 $ 50,000.00 A3 CONSTRUCTION SURVEYING, complete and in place per UUM SUM 1 LS $ 85,000.00 S 05,000.00 S 3D,000.00 $ 30,000.00 $ 50,000.00 S 50000.00 A< DREDGING SECTIONS I AND 2, ...plot. and In place par CUBIC YARD 204,200 CY S 820 $ 1,620,860.00 $ 7.15 S 1,989,745.00 $ 5.00 $ 2,114,400.00 A S BEACH NOURISHMENT, camplele and In place per LUMP SUM 1 LS S 781,184.00 $ 701,184.00 $ 390,000.00 E 390,000.00 $ 1.00 S 1.00 AA AERIAL PHOTOGRAPHY, complete and In place per LUMP SUM 1 L8 $ 1,ODBOD $ 1,00D.00 $ 1,000.00 s 1,00000 $ 1,500.00 E 1,50O.D0 A-7 ALLOWANCE FOR ADDITIONAL DREDGING IN SECTIONS I AND 2, complete and in piece per CUBIC YARD 1 LS $ 150,000.00 $ 150,000.00 $ 15D,000.00 $ 150,000.00 § 150,000.DO E 150,p00.O0 SUBTOTAL A4 THRU A-7 $ 3082,84400 S 2,925,745.00 E 4,315,801.00 Bid Nem DESCRIPTION OTT UNIT UNITPRICE AMOUNT UNITPRICE AMOUNT UNR PRICE AMOUNT ADDITWE ALTERNATE NO.I- DREDGING SECTION ADO.ALT.1 OREDGINGSECTION3,o..plete.0i.M.. ar CUBIC YARD 4,000 CY E 10.00 $ 40,000.00 S 23.00 E 82,000.00 E 14.00 b 50,000.00 Bitl lGm DESCRIPTION OTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT ADDITNEALTERNATE NO. 2 -SAND EXCAVATION AND HAULING ADO. ALT.2 BEACH $CRAPE -DOWN (SAND EXCAVATION AND HAUUNG AT SEAWALL), complete and in piece per CUBIOYARD 15,000 CY $ 2,00 $ 3D,000.90 $ 9.]S S 145,500.00 S 10.00 $ 150,000.00 BIDSUMMARY BABE BID (ITEM A-1 THRU A-7): $ 3,062,044.00 $ 2,$25,745.00 S 4.315.901.00 ADD. ALT. NO. 1(ITEM ADD. 1): $ 40,000.00 S 02.000.00 S 56,000.00 ADD. ALT. NO. 2(ITEM ADD. 2): E 30,000.00 $ 145.500.00 $ 150,000.00 TOTAL BASE BID PLUS ADDITIVE ALT. NO. 1: S 3.102.844.00 $ 3.017.745.00 S 4,371.901.00 TOTAL SASE BID PLUS ADDITIVE ALT. NO. 2: S 3.082.844.00 071.25.00 $ 4.455.901.00S TOTALBASE BID PLUSADDITIVEALT. NO. I ANDADD.ALT. NO.2: I S 3 3.163.246,Do E 4.521901.00 PROJECT BUDGET Packery Channel Dredging and Beach Nourishment Project No. E10168 September 27, 2011 FUNDS AVAILABLE: Packery Channel CIP FUNDS REQUIRED: Construction: Apollo Environmental Strategies Contingencies Consultant Fees: Consultant (HDR Engineering) Materials Testing (Rock Engineering) Reimbursements: Contract Administration (Contract Preparation/Award/Admin) Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) Construction Inspection Finance Reimbursements Misc. (Printing, Advertising, etc.) TOTAL ESTIMATED PROJECT BUDGET BALANCE -185- $2,380,000.00 $1,757,655.00 $175,765.50 $232,470.00 $24,460.00 $47,600.00 $47,600.00 $59,500.00 $23,800.00 10,000.00 $2,378,850.50 1,149.50 File :\ldproject\councilexhibits\exhE10166b.dwg VAS LOCATION MAP o p J O GIN w VICINITY MAP 9WY OY Nzaco PROJECT # E10168 Nor ro scAa CITY COUNCIL EXHIBIT PACKERY CHANNEL DREDGING CRY OF CORPUS CHRfSR rExas DEP%U&r OF ENCINEERtNC SERv7CES AND BEACH NOURISHMENT PAGE: 1 of 1 _ DATE: 09/13/2011 wY M CONTRACT SUMMARY Section II. Scope of Services, A. Tasks 2-3 is amended to read as follows: ll. SCOPE OF SERVICES A. TASKS: DNR will continue to conduct the comprehensive study of change in channel depth, shoaling, scour, shoreline position and beach volume at Packery Channel. The monitoring program will include the collection of bathymetric data in Packery Channel and the surrounding nearshore, measurement of elevation along the adjacent beach and bayside channel (shoreline position), and elevation measurements across the Mollie Beattie Coastal Habitat Community. The monitoring program will include measurement of current velocity in the channel that is presently sponsored by the LISACE, Coastal Hydraulics Laboratory and Coastal Inlets Research Program. Specific tasks to be undertaken are set out as follows Task 1. 1-1. Project Management Description: Project Management, historic analysis, reporting, survey organization and scheduling as well as presentations and generation of materials requested by the City of Corpus Christi. Additional support includes coordination with surveyors, engineers, review committees and other environmental professionals to assist the City of Corpus Christi with related projects including potential dredge operations and/or FEMA reimbursement for storm damage. 1-2. Aerial Photography Description: Acquisition of an annual set of rectified aerial photographs of the Packery Channel region including the entire channel from the GIWW to the Gulf of Mexico (GOM); including North Padre and Mustang Islands from the south end of the seawall to Newport Pass. Photographs are applied in ArcGIS environment for comparative analysis of change relative to key features and as a reference for overlay of data and terrain models. Purpose: For interpretation of large-scale changes in vegetation, dune line, and inter -tidal regions adjacent to the inland segment of the channel as well as along Padre and Mustang Islands. In addition, the aerials are appropriate for visuals and explanation aids for the community, residents and laypersons. Schedule: Annual (August/September 2011) pending weather conditions. Task 2. Measurement of Morphologic change in Packery Channel and along Mustang and Padre Island. 2-1. Beach Profile surveys Description: The beach profile survey provides information on changes occurring at 18 specified locations from the Nueces Kleberg County Line to north of Fish Pass. There are historic data for these locations since 1995. Elevation measurements are collected along transects that initiate landward of the dune or other landward limiting feature (seawall) and extend offshore up to one mile into the Gulf of Mexico. Purpose: To document changes in features such as the beach berm crest, sand bars and dune crest. The data are applied to calculate volumetric change for sand placement/nourishment, to calculate sand volume for FEMA documentation and funding, and verify shoreline position data and determine the maximum region on sheltering (zone of influence) to identify trends or changes in the shape and width of the beach. Schedule: (1) annual survey conducted during peak summer condition (September 2011). 2-2. Shoreline Position surveys Description: Elevation data are collected by RTK GPS across the beach from close to the dune toe to the water line along a zigzag path. The beach is surveyed from south of the Nueces Kleberg County Line to north of Fish Pass. Purpose: These surveys are an efficient and low-cost way to measure changes in the width of the dry beach over the broad study area within days, a large section of the beach can be measured to determine changes in shoreline position from which regions of beach erosion and accretion can be determined and potential "hot spots" can be identified. Monitoring the seasonal position of the shoreline assists in management of beach vehicular access south of the inlet and addresses persistent regions of shoreline recession that have been identified fronting the North Padre Island Seawall and Whitecap Blvd as well as regions of receding shoreline north of the inlet near Newport Pass. Schedule: (2) Surveys/ Tentative survey schedule: September 2011, and January/February 2012. Exhibit A Page 1 of 3 K:\Engineering DataExchange\KevinS\GEN\PACKERY\Monitoringb? "-7912\DNRSumExhA.doc 2-3. Surveys of channel and nearshore depth and morphology (bottom features) Description: These bathymetric surveys combine single -beam and multi -beam sonar coverage to provide high resolution of morphology (shoals, scour and bars). Seasonal series of data is applied to interpretation of pathways of sediment transport. Purpose: Data is applied to define features such as shoals (areas of deposition) and scour (areas of erosion) in the channel, nearshore and around structures. This data is applied to determine pathways of sediment transport and to calculate volumetric change for application to the estimation of the sand volume available fordredging. The data are applied to interpret trends in sediment transport as well as to calculate volumetric change, the calculation of sand loss or gain, for nourishment projects, and to identify potential regions of shoaling which could limit navigation. A primary application of this data is to assist with determining potential scheduling of dredging. Schedule: (3) Surveys. Tentative survey schedule: September 2011, January/February 2012 and June 2012. Additional surveys may be required if data indicate that depth -limited navigation is imminent. 2-4. inland Channel Segment and Mollie Beattie Coastal Habitat Community Description: The inland channel segment bordering MBCHC continues to modify as the region adjusts to changes in water flow in the channel and over the wetland. These changes are best captured seasonally through a network of cross-sections that document changes in wetland extent, channel boundaries and shoreline change. Elevation is measured along transects (survey lines) roughly perpendicular to channel orientation starting at the location of mean higher high water (MHHW) shoreline position along the south shore and then extending across the channel to the location of MHHW shoreline position or until a limiting feature (such as coverage of a raised placement area) is defined. Measure the MHHW shoreline position along the south shore of Packery Channel from the HWY 361 Bridge to the Relief Channel west of the channel dog leg. Purpose: These surveys define change in the inland segment of the channel that borders the MBCHC and changes in the elevation of the wetland. Analysis of these data sets provide quantification of change in primary (-5 ft) and upper bank (MSL) width along MBCHC. In addition the MHHW position of the west side of the inland channel segment (residential and Packery Channel County Park) is surveyed and compared to previous data to determine historic change in position and stability. Schedule: (2) Survey Sets (Transects and MHHW). Tentative survey schedule: September 2011, January/February 2012. Additional surveys maybe required if data indicate that the rate of change has increased during the study period. 2-5. Event/Storm and Dredge/Environmental Support Surveys Description: In an effort to respond to reported City of Corpus Christi budgetary constraints, the monitoring program has been modified to include (2) seasonal surveys (Sept/Oct and Jan/Feb) and (1) transitional survey (June 2012). To accommodate monitoring concerns beyond these seasonal surveys this task provides for an event survey and environmental or dredge support surveys as needed. The primary purpose of the event survey is to facilitate timely pre- or post- storm surveys. Surveys could include but are not limited to post -storm, dredge support, engineering support, environmental assessment (wetland) and sand placement activities. Surveys may be needed beyond the seasonal designation, such as after storms, and to assistwith the investigation of sensitive environmental habitat or anthropogenic influences on the coastal environment. Purpose: To provide information on changes in sediment transport, boundary definitions, volumetric analysis and dredge support beyond the limits of the seasonal surveys without time restrictions associated with the amendment process. Schedule: To be determined as necessary Deliverables: • ASCII data sets (x,y,z) NAVD88 State Plane south Zone FIPS 4205 • Email status report (monthly or as updates are available) • Status Reports (post -survey quarterly reports) Note: all surveys may be rescheduled based upon study findings or weather and sea conditions. Additional surveys may be recommended upon seasonal findings or evidence of change based upon observations in the field III. FEES AUTHORIZED The City will pay DNR a fixed fee not to exceed $2,173,218 for providing all services for during the contract term (12 months). The fee consists of an original contract fee of $241,487.00, a fee for Amendment No. 1 of Exhibit A Page 2 of 3 K:\Engineering DalaExchange\KevinS\GEN\PACKERY\Monitoring'216Bel 2\DNRSumExhA.doc $11,020.00 and a fee for Amendment No. 2 of $61,715.00 and a fee for Amendment No. 3 of $299,900.00 and a fee for Amendment No. 4 of $325,517.00, and a fee of $600.00 for Amendment No. 5 and a fee of $293,400 for Amendment No. 6. This fee will be full and total compensation for all services provided and expenses incurred in performing the tasks specified in Section II. Invoices will be submitted to the Director of Engineering Services. Invoices will be submitted no more frequently than once per month for services rendered. All invoices shall be accompanied by a cover letter summarizing project status and the tasks undertaken during the time period covered by the invoice. Invoices will be based on the Task Fee set out by this contract amendment. Invoices will be sequentially numbered for each project, state the project name (Packery Channel Quarterly Monitoring Project) and City project number (5228). The letter shall state the number of the current invoice, the total authorized fee, the amount previously invoiced, and the current amount due. Statements will be based upon percent of project completed. However, a final payment of $3,500 will be retained until delivery of the final report. It is mutually acknowledged that fees authorized by the original contract or any prior amendment not invoiced may be used to defray the costs and expenses of Amendment No. 6 or for such additional tasks as may be directed by the City Manager or his designee. However, any task or additional service that requires additional funding beyond that authorized will be evidenced in writing as an amendment to this contract. Contract Fee Original Contract $241,487.00 Amendment No. 1 $11,020.00 Amendment No. 2 $61,715.00 Amendment No. 3 299,900.00 Amendment No. 4 325,517.00 Amendment No. 5 600.00 Amendment No. 6 $293,400.00 Total $1,233,639.00 The fee for each Task for Amendment No. 6 is estimated to be: Exhibit A Page 3 of 3 KAEnglneering DataExchange\KevinS\GEN\PACKERY\Monitoringk'x'®9&12\DNRSurnExhA.doc Tasks Fee 1.1 Project Management 43-1000 1.2 Aerial Photography 12,100 2.1 Beach Profile Studies 35,200 2.2 Shoreline Position Studies 14,000 2.3 Surveys of channel and nearshore depth and morphology 97,800 2.4 Inland Channel Segment and Mollie Beattie Coastal muni tatCommunity 27,900 2.5 Event/Storm and Dredge/Environmental Support Surveys 63,400 $293,400 Exhibit A Page 3 of 3 KAEnglneering DataExchange\KevinS\GEN\PACKERY\Monitoringk'x'®9&12\DNRSurnExhA.doc CITYCOUNCIL EXHIBIT PACKER CHANNEL CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES MONITORING - 2011-2012 PAGE 1 of 1 DATE: 8-30-2011 -190- 17 City of C& -pus Christi AGENDA MEMORANDUM for the City Council Meeting of September 27, 2011 DATE: September 20, 2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director of Engineering Services petean@cctexas.com (361) 826-3781 Approval of Construction Contract: Buddy Lawrence Drive from IH 37 to Antelope Street BONDISSUE 2008 (Project No. 6506) PURPOSE: Motion authorizing the City Manager, or designee, to execute a construction contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $2,720,346.50 for Buddy Lawrence Drive from IH 37 to Antelope Street. (BOND ISSUE 2008) BACKGROUND AND FINDINGS: The project consists of the complete removal of an existing roadway and the construction of approximately 2,800 linear feet of flexible (asphalt) pavement with an Additive Alternate for a concrete (rigid) pavement for a new 3 -lane collection street (two 14 -foot back to back travel lanes and one 13 - foot continuous turning lane) with 5 -foot concrete sidewalks and associated pavement markings and signage improvements; along with 2,774 linear feet of storm water conduit improvements, 440 linear feet of water line improvements, 2,175 linear feet of cured -in-place pipe sanitary sewer line rehabilitation, nine (9) sanitary sewer manhole rehabilitations, and three (3) new sanitary sewer manholes, together with all appurtenances. On August 3, 2011, the City received proposals from two (2) bidders and the bids are as follows: Contractor Base Bid Additive Alternate No.1 Flexible Asphalt) (Rigid Concrete Bay, Ltd. $2,720,346.50 No Bid Haas -Anderson Construction, Ltd. $2,891,603.00 No Bid ALTERNATIVES: 1) Award as recommended. 2) Reject all bids; re -scope and re -bid. KkENGINEERING DATAEXCHANGE VELMAMSTREET\BBDB BUDDY LAWRENCE1CONSiiZUCTIDNV2 AGENDA ITEM.DDCX Page 2 of 2 FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense ❑ Revenue X CIP Comments: The project is estimated to require 9 -months, with completion anticipated in August 2012. Only partial certification of funds is being done at this time. The remainder of necessary funds will be certified upon sale of remaining 2008 General Obligation Bonds. City staff recommends that the construction contract be awarded to Bay, Ltd. of Corpus Christi, Texas in the amount of $2,720,346.50 for Buddy Lawrence Drive from IH 37 to Antelope Street. CONFORMITY TO CITY POLICY: Conforms to statutes regarding bid process; and FY 2011-12 Capital Budget. EMERGENCY/NON-EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Not applicable. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map CC: Veronica Ocanas, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager —194— K9ENGINEERING DATAEXCHANGEWELMAMSTREEMW6 BUDDY LAWRENCMG-no i RUCTION12 AGENDA ITEM.DOCX Prior Year CIP Only) Current Year Future Years TOTALS FISCAL YEAR: 2011-2012 Budget $0.00 . $1,720,346.50 $1,000,000.00 $2,720,346.50 Encumbered/Expended Amt. as of August 25 2011 0.00 0.00 0.00 0.00 This item 0.001 1,720,346.50 0.001 1,720,346.50 BALANCE $0.001 $0.001 $1,000,000.001 $1,000,000.00 FUND(S): Street Comments: The project is estimated to require 9 -months, with completion anticipated in August 2012. Only partial certification of funds is being done at this time. The remainder of necessary funds will be certified upon sale of remaining 2008 General Obligation Bonds. City staff recommends that the construction contract be awarded to Bay, Ltd. of Corpus Christi, Texas in the amount of $2,720,346.50 for Buddy Lawrence Drive from IH 37 to Antelope Street. CONFORMITY TO CITY POLICY: Conforms to statutes regarding bid process; and FY 2011-12 Capital Budget. EMERGENCY/NON-EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Not applicable. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map CC: Veronica Ocanas, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager —194— K9ENGINEERING DATAEXCHANGEWELMAMSTREEMW6 BUDDY LAWRENCMG-no i RUCTION12 AGENDA ITEM.DOCX PROJECT BUDGET BUDDY LAWRENCE DRIVE FROM IH 37 TO ANTELOPE STREET Project No. 6506 (BOND ISSUE 2008) September 20, 2011 FUNDS AVAILABLE: Street CIP (Bond Issue 2008)................................................................... $2,436,637.80 StormWater......................................................................................... 809,550.50 Water................................................................................................. 84,662.50 Wastewater.......................................................................................... 288,660.00 Gas................................................................................................. 3,940.00 Total................................................................................................. $3,623,450.B0 FUNDS REQUIRED: Construction (Bay Ltd)............................................................................ $2,720,346.50 Contingencies........................................................................................ 272,034.65 Consultant Fees: Consultant - (Coym, Rehmet & Gutierrez Engineering, L. P.) .......................... 347,735.00 Geotechnical Testing and Repair - (Rock Engineering & Testing) .................... 11,300.00 Construction Material Testing - (Rock Engineering & Testing) ......................... 54,406.93 Reimbursements Contract Administration (Contract Preparation/Award/Admin)......................... 74,809.53 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) ............................. 95,212.13 Finance Reimbursements........................................................................ 34,004.33 Misc. (Printing, Advertising, etc.)............................................................... 13,601.73 Total................................................................................................... $3,623,450.80 Estimated Project Budget Balance............................................................ $0.00 * Construction Observation Services is included in Consultant, Coym, Rehmet & Gutierrez Engineering's, contract in the amount of $99,500; which was approved by City Council on June 29, 2010. K:NnpineeAnB OautExNenBeNEilAAP1.BTREET`b506 BUDDY L4W CE ONBTRUCTIOW AGENDA PROJECT BUDGETS AGENDA PROJECT BUDGET -195- CITY COUNCIL EXHIBIT Buddy Lawrence Drive 2008e�nce Drive from Antelope CITY OF CORPUS CHRISTI, TEXAS 1 DEPARTMENT OF ENGINEERING SERVICES to /17 I PAGE: 1 of 1 — — _ 1 9 6 _ DATE: 9/20/2011 .:...� Ere? LIM, .r►�� Coip — = Chnsti us DATE: September 6, 2011 AGENDA MEMORANDUM for the City Council Meeting of September 27, 2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director of Engineering Services Al petean o(2cctexas.com, (361) 826-3781 Approval of Construction Contract: Airline Road from Saratoga Boulevard to Rodd Field Road (Bond 2008)— Project No. 6465 PURPOSE: Motion authorizing the City Manager, or designee, to execute a construction contract with Texas Sterling Construction Company of Houston, Texas in the amount of $6,318,966.32 for the Airline Road from Saratoga to Rodd Field for the Base Bid 2 (Full Closure— Concrete). Bond Issue 2008. BACKGROUND AND FINDINGS: The project consists of construction of approximately 7,000linearfeet of Arterial Roadway with the option of asphalt and concrete, including sidewalks, ADA curb ramps, concrete header curb, water, wastewater, and storm water lines with new manholes and inlets, reinforced concrete box culvert, street signage, pavement markings and traffic signal systems; including all appurtenances and associated work in accordance with the plans, specifications, and contract documents. The proposals for the project were structured with two Base Bids (Partial and Full [Phased] Closure) and two Alternate Bids (Asphaltic Concrete or Portland Cement Concrete Pavement). On July 20, 2011, the City received proposals from five (5) bidders and the bidders and their respective bids are as follows: Contractor Base Bid 1, Partial Closure - Asphalt Base Bid 2, Full (Phased) Closure - Asphalt Base Bid 1, Partial Closure - Concrete Base Bid 2, Full (Phased) Closure - Concrete Bay, Ltd. $6,722,520.10 $6,503,285,50 No Bid No Bid Texas Sterling $6,823,284.68 $6,359,475.51 $6,777,479.17 $6,318,966.32 - Haas -Anderson, Ltd. $7,525,034.85 $6,261,415.15 No Bid No Bid Reytek $8,919,775.70 $7,668,182.40 $8,394,023.80 $7,304,045.90 Reimco $8,369,751.25 $7,751,328.39 No Bid No Bid "Recommended Full (Phased) Closure - Concrete —1-9-9_ KAEngineering DateExehengdClanssnAStreetA6465 - Airline Road from Saratoga to Rodd Field Bond Issue 2008,Agenda Item\6465 -Executive Summary.doex ALTERNATIVES: The following alternatives were considered: 1. Award Base Bid 2 - Full (Phased) Closure - Concrete to Texas Sterling Construction 2. Award Base Bid 2 - Full (Phased) Closure - Asphalt to Haas -Anderson Construction, Ltd. 3. Award Base Bid 1 - Partial Closure - Asphalt to Bay, Ltd. 4. Award Base Bid 1 - Partial Closure - Concrete to Texas Sterling Construction OTHER CONSIDERATIONS: Based on Federal Highway Administration's Life Cycle Cost Analysis both sections have a similar Net Present Day Value. A Public Meeting was held on August 25, 2011; and the general consensus was favorable for full -closure and concrete pavement. FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense ❑ Revenue X CIP Prior Year FISCAL YEAR: 2011-2012 CIP Only) Current Year Future Years TOTALS Budget $1,155123.38 $10,722,976.62 $11,878,100.00 Encumbered/Expended Amt. $1,155,123.38 $1,479,011.27 $2,698,591.96 This item $6,318,966.32 $6,318,966.32 BALANCE $2,86-0,541.72- 2,860541.72FUNDS FUNDS(S): Street CIP RECOMMENDATION: City staff recommends that the contract be awarded to Texas Sterling Construction of Houston, Texas in the amount of $6,318,966.32 for the Base Bid 2 (Full Closure with Concrete Pavement). CONFORMITY TO CITY POLICY: Conforms to statutes regarding bid process; FY 2011-12 Capital Budget. EMERGENCY/NON-EMERGENCY: Not Applicable. DEPARTMENTAL CLEARANCES: Streets LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Cc: Veronica Ocanas, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager -200- K.Mnginxring Dam change\VELMA WREETNW5 AMLIM ROAD\CONSTRUCTIOMW5 - Exemfive Summ Aou PROJECT BUDGET Airline Road from Saratoga Boulevard to Rodd Field Road Project No. 6465 September 20, 2011 FUNDS AVAILABLE: Streets CIP (Bond 2008) $8,050,000.00 Utilities CIP $3,828,100.00 Total $11,878,100.00 FUNDS REQUIRED: Construction: (Texas Sterling Construction) $6,318,966.32 Contingencies $631,896.63 Consultant Fees: Consultant (HDR Engineering) * $1,296,316.00 Materials Testing (Rock Engineering & Testing) $126,379.33 Reimbursements Contract Administration (Contract Preparation/Award/Admin) $221,375.00 Engineering Services (Project Mgt/Const. Mgt/Traffic Mgt) $281,750.00 Finance Issuance $100,625.00 Misc. (Printing, Advertising, etc.) $40,250.00 TOTAL $9,017,558.28 ESTIMATED PROJECT BUDGET BALANCE $2,860,541.72 * Contract was awarded by City Council on October 19, 2010. -201- AIRLINE ROAD FROM SARA TOGA CITYCO CORPUS C EXHIBIT CITY OF CORPUS CHRISTI TEXAS BOULEVARD TO RODD FIELD ROAD DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 9 — BOND ISSUE 2008 DATE: 9/20/2011 = _5n)_ 19 City of i�� AGENDA MEMORANDUM — Chnsti for the City Council Meeting of September 27, 2011 w� DATE: September 20, 2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director of Engineering Services E -Mail: Petean(cDcctexas.com Work Phone: 826-3781 Approval of Construction Contract Award to TI -Zack Concrete, Inc. of LeCenter, Minnesota for the ADA Improvements Group 2 Bond 2008 Project. PURPOSE: Motion authorizing the City Manager, or designee, to execute a Construction Contract Award to Ti -Zack Concrete, Inc. of LeCenter, Minnesota for the Base Bid only in an amount not to exceed $1,272,812.50 for the ADA Improvements Group 2 Bond 2008 Project (Project No. E09051). BACKGROUND AND FINDINGS: The project provides for ADA Improvements in older parts of Corpus Christi. The improvements are primarily in the form of curb cuts, sidewalk replacement, curb and gutter replacement, driveway replacement, bus stop pads and ADA pedestrian crossing signals equipped for persons with visual deficiencies (audio & Braille). This is the second ADA Group to be awarded as part of the 2008 Bond election. The RTA is funding improvements included in the project which benefit their facilities. This project was approved for partial CDBG funding. ALTERNATIVES: Phasing the project would be likely to result in a higher cost to the City, and increase the chance that critical components will fail prior to replacement. The alternatives are to: 1. Award Base Bid to Ti -Zack Concrete, Inc. of LeCenter, Minnesota; 2. Award Base Bid and Additive Alternate to Ti -Zack Concrete, Inc. of LeCenter, Minnesota; and 3. Reject Bids. FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense ❑ Revenue X CIP K:\Engineering Data Exchange\KevinS\GEN\STREETS\E09051ADAGroup2`Coon5ructionAwardMemo.dou Page 2 of 2 FISCAL YEAR: 2011-2012 Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget 1,990,000.00 1,703,900.00 3,693,900.00 Encumbered/Expended amount as of July 31, 2011 1,636,990.00 1,636,990.00 This item 0.001 1,272,812.50 1,272,812.50 BALANCE 353,010.00 431,087.50 0.00 784,097.50 FUND(S): Street CIP Fund The contract is necessary to complete the ADA improvements approved by voters in the 2008 Bond election. It is anticipated work will be completed prior to May of 2012. RECOMMENDATION: Approval of the motion as presented. CONFORMITY TO CITY POLICY: The contract award process complies with the Local Government Code for Competitive Bid requirements and City Policy. BIDS: The project was bid as a base bid with one additive alternate. Additive Alternate No. 1 consists of ADA improvements for access to the Morgan Adult Education Center. This Center was closed and relocated. The award of the additive alternate is therefore unnecessary. Bids were publically opened August 10, 2011. One bid was received and opened. The total of the base bid and additive alternate was $1,318,272.43. The consultant's opinion of probable cost was $1,444,456.59. The low qualified bid was submitted by Ti -Zack Concrete of LeCenter, Minnesota. EMERGENCY/NON-EMERGENCY: N.A. DEPARTMENTAL CLEARANCES: LIST OF SUPPORTING DOCUMENTS: Exhibit A: Bid Tabulation Exhibit B: Budget Exhibit C: Location Map Cc: Veronica Ocanas, Assistant City Attorney Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager K%En9meenn9 DetaExchanBelKevinS\GENISTREETST09051ADAGroup9ConstmcGonA"2 Memo.dom -206- TABULATEDBY. WillmPabbA mGaaa DAM: FddqAugudlC,201i TIME OF WMPLUMM 223 Ory. TAHUiATON OF BIDS FROACT SUM BgM.e.OpI,dD..fP.Wb%Cost Sinew $1,396.127.64 AAll $48,329.96 I ADD I J�m mum��w—m 1 1 LS 1$ 45,459.92IS 45,459.921 ALT I I I I I I I I N*.: NcMmlfwnw8 115sbeSbEms EkhbRA P .. �.Il m Al —m-eggig WN m Curb Ra"% RTA Bus SWp lmposemsds Nd RTA BASE BIO Sp.d.] N III unialno s 1,272,812.60 I ADD I J�m mum��w—m 1 1 LS 1$ 45,459.92IS 45,459.921 ALT I I I I I I I I N*.: NcMmlfwnw8 115sbeSbEms EkhbRA P .. �.Il PROJECT BUDGET ADA IMPROVEMENTS GROUP 2 BOND 2008 Project No. E09051 September 13, 2011 FUNDS AVAILABLE: Street CIP Tax Notes Fund 136,395.00 Street 2009 CIP GO 2,056,910.00 Street CIP Fund (RTA Contributions) 402,367,00 CDBG 100,000.00 2,695,672.00 FUNDS REQUIRED: Construction(TI-ZACK)............................. ...................... I................ 1,272,812.50 Contingencies(10%)............................................................................. 127,300.00 Consultant (Maverick Engineering) Basic Svcs $164,862* ...................................... 395,662.00 Materials Inspection & Testing (Rock Engineering - Estimate) ................................... 41,000.00 Administrative Reimbursements............................................................ 12,800.00 Engineering Reimbursements................................................................ 40,000.00 Misc. (Printing, Advertising, etc.)............................................................. 22,000.00 Total, ........ .................................................................................... — 1,911,574.50 'Contract approved by Council November 17, 2009 Motion 2009-235, Variance 784,097.50 Exhibit B Page 1 of 1 ADA IMPROVEMENTS GROUP 2 ciY OF COR uca Ex►►Is►r CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES (BOND ISSUE 2008) PAGE: 2of2 v = DATE: 09/20/2071+ AM 20 DATE: September 20, 2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director of Engineering Services PeteAn(a)cctexas.com 826-3781 Fred Segundo, Director of Aviation Services Fred S()cctexas.com 289-0171 ext. 1213 AGENDA MEMORANDUM for the City Council Meeting of: r. September 27, 2010 Authorization for City Manager, or designee, to execute Construction Contract for the CCIA Communications Center, Perimeter Security, Standby Generator and Commercial Aviation Apron Lighting Upgrades (Project No. E10075). CIP AV01 CAPTION: a. Ordinance appropriating $3,250,000 from the Federal Aviation Administration Grant No. 3-48-0051-048- 2011 in the No. 3020 Airport Capital Improvement Fund to Upgrade Security Systems with Associated Electrical Systems at the Corpus Christi International Airport; amending the FY 2012 Capital Budget adopted by Ordinance No. 029135 to increase revenues and expenditures by $3,250,000 each; and declaring an emergency. b. Motion authorizing the City Manager, or designee, to execute a Construction Contract with B, E. Beecroft Construction, Inc. of Corpus Christi, Texas in an amount not to exceed $2,493,665.79 for the Corpus Christi International Communications Center, Perimeter Security, Standby Generator and Commercial Aviation Apron Lighting Upgrades, BACKGROUND AND FINDINGS: The project provides for: • Enlargement of the Communications Center including new finishes, lighting, flooring, windows, doors, electrical and HVAC upgrades to meet current needs; • Perimeter security upgrades include new motorized security gates, pan -tilt -zoom cameras, area lighting, card readers, fiber optic cable, additional duct banks and connection to the airport terminal building; • Standby generator upgrades include a new 1,250-kva generator to supplement the existing 1,000-kva generator, refurbishment of existing switch gear, and a high capacity fuel tank for the existing generator; and • Commercial aviation lighting upgrades to replace the existing pole mounted lighting with new poles and fixtures to meet current wind codes and lighting requirements. ALTERNATIVES: Council may elect to approve the motion as recommended or to reject bids. However, the FAA's funding is subject to award prior to their new fiscal year which begins October 1, 2011. OTHER CONSIDERATIONS: FAA will provide 95% of the funding with the City providing 5% of the funding if the contract is awarded prior to October 1, 2011. —213— KAEngineering DataExchange\KevinS\GEN\AIA_restored\20041mprovements\10o nLomCtrSecuritySys&Generator\ConstructionAwardAgenda.docx CONFORMITY TO CITY POLICY: Approval of the change order conforms to Local Government Code and City policy requiring Council authorization for expenditures exceeding $50,000.00. BIDS: The project was bid as a base bid. Bids were publically opened Wednesday, August 31, 2011. One bid was received and opened in public. The consultant's opinion of probable cost for the base bid was $2,142,616.00. The low qualified bid of $2,493,665.79 was submitted by B. E. Beecroft Construction of Corpus Christi. EMERGENCY/NON-EMERGENCY: N.A. DEPARTMENTAL CLEARANCES: Aviation Department Engineering Services FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense ❑ Revenue X CIP Fiscal Year: 2011-2012 Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget 3,412,500.00 3,412,500.00 Encumbered/Expended amount as of July 31, 2011 503,127.42 503,127.42 This item 2,493,665.79 2,493,665.79 BALANCE 3,412,500.001 01 415,706.79 FUND(S): Aviation CIP/Grant Funds The Financial Impact is based on the total of the adopted FY2011-2012 Capital Improvement Program as increased by the actual FAA grant amount and local 5% match. The appropriation of Grant 48 provides $664,600.00 in additional funds over that anticipated by the CIP Budget. The contract provides 180 calendar days to complete the project from notice to proceed. Completion is anticipated to be no later than April 2012. RECOMMENDATION: Approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: a. Bid Tabulation Summary b. Project Budget c. Location Map Approvals: Veronica Ocanas, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Johnny Perales, P.E., Assistant City Manager -215- K:\Engineering DataExchange\KevinS\GENWIR_restored\20041mprovements\10075ComCtrSecuritySys&Generator\ConstructionAwardAgenda.docx CCIA COMMUNICATIONS CENTER, PERIMETER SECURITY, STANDBY Project: GENERATOR AND COMMERCIAL AVIATION APRON LIGHTING UPrRAnFS Opinion of Cost: $2,142,616.00 CC PROJ NO. E10075 AP-136 B.E. Beecroft Construction PGAL PROJ NO. R1001252 2222 Laredo Street TABULATED BY: Michael R. Lawrence, P.E. Corpus Christi, TX 78405 DATE PREPARED: THURSDAY, September 1, 2011 361-882-6791 BIDS OPENED: WEDNESDAY, AUGUST 31, 2011 TOTAL $ 2.493.665.79 Exhibit A Page 1 of 1 PROJECT BUDGET nunications Center, Perimeter Security, Standby Generator and Commercial Aviation Apron Lightin! Project No. E10075 September 20, 2011 FUNDS AVAILABLE: Airport CIP Grants Fund Airport 2000A CIP Fund Airport 20006 CIP Fund FUNDS REQUIRED: 3,250,000.00 132,500,00 30,000.00 3,412,500.00 Construction (B. E. Beecroft).................................................................... 2,493,665.79 Contingencies(7.5%)............................................................................ 187,000.00 Consultant Fees: Consultant (PGAL) Basic Svcs $169,636.62-6.ai.................................................. 503,127.42 Construction Management/inspection (PGAUCoym, Rehmet Guitierrez & Patterson)... Included in AE Fee Materials Inspection & Testing (Civil) (Rock Engineering) ........................................ 16,308.00 Reimbursements: Administrative Reimbursements............................................................ 18,000.00 Engineering Reimbursements................................................................. 30,000.00 Misc. (Printing, Advertising, etc.)............................................................. 28,000.00 Total.................................................................................................. 3,276,101.21 Variance 136,398.79 Exhibit B Page 1 of 1 -219- 'NvECEs DAY IH37 PROJECT LOCATION LOCATION MAP ]U Ff, MCGLOIN ROAD PROJECT # E10075 NOT TO SCALE SITE PLAN NOT TO SCALE CORPUS CHRISTI INTERNATIONAL AIRPORT COMMUNICATIONS CENTER, PERIMETER SECURITY, STANSY GENERATOR AND COMMERCIAL AVIATION APRON LIGHTING UPGRADES 221 - CORPUS C3flusv 21AY Es RD. N SUBJECT PERIMETER SECURITY SUBJECT COMMUNICATIONS CENTER, STANDBY GENERATOR AND COMMERCIAL AVIATION APRON LIGHTING UPGRADES DEAR LP.IdE CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 v = DATE: 09-20-2011 r^+' Page 1 of 2 Ordinance appropriating $3,250,000 from the Federal Aviation Administration Grant No. 3-48-0051-048-2011 in the No. 3020 Airport Capital Improvement Fund to Upgrade Security Systems with Associated Electrical Systems at the Corpus Christi International Airport; amending the FY 2012 Capital Budget adopted by Ordinance No. 029135 to increase revenues and expenditures by $3,250,000 each; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $3,250,000 from the Federal Aviation Administration Grant No. 3-48- 0051-048-2011 is appropriated in the No. 3020 Airport Capital Improvement Fund to upgrade security systems with associated electrical systems at Corpus Christi International Airport building. SECTION 2. That the FY 2012 Capital Budget adopted by Ordinance No. 029135 is amended to increase revenues and expenditures by $3,250,000 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 September, 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved September S�eept�etm�ber 8, 2011 Lisa AguilaW Assistant City Attorney For City Attorney JUSAM11 Ordinanw Ord app FAA grant 48.dou —223— Joe Adame Mayor Page 2 of 2 Corpus Christi, Texas Day of 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Council Members 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 David Loeb John E. Marez Nelda Martinez Mark Scott J1LISA12011 Ordinance\Ord app FAA grant 4B.docx —225— 21 DATE: 9/14/2011 TO: Ronald L. Olson, City Manager FROM: Fred A. Segundo, Director of Aviation 289.0171 ext.1213 FredS(a)cctexas.com AGENDA MEMORANDUM for the City Council Meeting of September 27, 2011 MA Federal Aviation Administration of Memorandum of Agreement (MOA) #AJW- FN - CSA -11-250 for technical services associated with the Runway Safety Project at Corpus Christi International Airport. Approval of MOA CAPTION: Resolution authorizing the City Manager or designee to execute Memorandum of Agreement #AJW- FN -CSA - 11 -250 in the amount of $194,386.77 between the Federal Aviation Administration and the City of Corpus Christi, Texas. for technical services associated with Runway Safety Project at Corpus Christi International Airport. BACKGROUND AND FINDINGS: The Runway 17/35 Extension, Phase I and Runways 13/31 Extension Phase 1 Projects are Federal Aviation Administration (FAA) and Department of Aviation priorities that will address safety issues resulting from runway incursion incidents. A runway incursion is an incident where an unauthorized intrusion occurs into a runway by an aircraft, vehicle, person or object that creates a collision hazard. The FAA has committed to a multi-year, multi -grant improvement project that will mitigate the safety concerns. The MOA details the FAA's technical services that will evaluate the design of the runway improvements along with navigational aid system modifications required by the project. ALTERNATIVES: No viable alternative exists other than foregoing the project. The FAA must conduct these services in order for the project to continue and mitigation of the identified safety concerns. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Council approval is required for execution of agreements over $50,000 EMERGENCY/NON-EMERGENCY: Staff is requesting an emergency reading. According to Article II, Section 14 of the City Charter, an item can be classified as any emergency because it calls for "immediate action necessary for the efficient and effective administration of the city's affairs". This is a routine, non -controversial item. DEPARTMENTAL CLEARANCES: Legal Finance Management and Budget —229— FINANCIAL IMPACT: CIP Fiscal Year: 2011-2012 Project to Date Expenditures CIP only) Current Year Future Years TOTALS Line Item Budget $566,000.00 $3,822,500.00 11,467,500.00 $15.856,000.00 Encumbered / Expended Amount This item 0 194,386.77 01 194,386.77 BALANCE $566,000.00 $3,628,113,23 11,467,500 1 $15,391,613.23 Fund(s): Comments: The Department of Aviation is required to match 5% of the MOA RECOMMENDATION: Staff recommends approval of the motion. LIST OF SUPPORTING DOCUMENTS: Memorandum of Agreement Approvals: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager -230- Agreement Number AJW-FN-CSA-11-2050 NON-FEDERAL REBIBURSABLE AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION ME CITY OF CORPUS CHRISTI, TEXAS CORPUS CHRISTI INTERNATIONAL AIRPORT CORPUS CHRISTI, TEXAS WHEREAS, the Federal Aviation Administration (FAA) can furnish directly or by contract material, supplies, equipment, and services which City of Corpus Christi, Texas (Sponsor) requires, has funds available for, and has determined should be obtained from the FAA; WHEREAS, it has been determined that competition with the private sector for provision of such supplies, equipment, and services is minimal; the proposed activity will advance the FAA's mission; and the FAA has a unique capability that will be of benefit to the Sponsor while helping to advance the agency's mission; WHEREAS, the authority for the FAA to famish material, supplies, equipment, and services to the Sponsor upon a reimbursable payment basis is found in 49 U.S.C. § 106(1)(6) on.such terms and conditions as the Administrator may consider necessary; NOW THEREFORE, the FAA and the Sponsor mutually agree as follows: ARTICLE 1. Parties The Parties to this Agreement are the FAA and City of Corpus. Christi. ARTICLE 2. Type of Agreement This Agreement is an "other transaction" authorized under 49 U.S.C. § 106(1)(6). It is not intended to be, nor will it be construed as, a partnership, corporation, joint venture or other business organization. ARTICLE 3. Scope A. The purpose of this Agreement between the FAA and the Sponsor is to initiate FAA technical services, consultation, engineering review and evaluation of the Sponsor's design, site visits, cost estimates, and planning to support the Sponsor's project to extend the approach end of Runway 17 by approximately 600 feet, displace the Runway 35 threshold a distance of 600 feet, extend the approach end of Runway 13 —231— Agreement Number AJW-FN-CSA-11-2050 by approximately 1,600 feet, and displace the Runway 31 threshold a distance of 1,000 feet at the Corpus Christi International Airport. These improvements will enhance airfield safety by improving aircraft ground movement and eliminating the risks of incursion associated with converging runways, thereby benefiting the public and the FAA. Additionally, this agreement facilitates FAA engineering evaluation of the Sponsor's design to modify impacted FAA facilities and associated taxiways and supporting roadways. The FAA and the Sponsor recognize that this project may afford a target of opportunity to replace the existing FAA equipment with new equipment consistent with current FAA standards and technology. Other agreements may follow to include the construction support, electronic installation, and flight inspection of the impacted FAA systems. The project may require decommissioning, relocation, or establishment of numerous FAA navigational aids systems (NAVAIDS) facilities and the facilities'infrastructure, such as power lines, cables, ducts, and other system distribution items and components. Specifically, the impacted FAA airfield equipment has been identified as follows: Runway 17 • Replace and relocate the Omnidirectional Approach Lighting System (ODALS) with a Medium -intensity Approach Lighting System with Runway Alignment Indicator Lights (MALSR) and MALSR Shelter • Relocate Precision Approach Path Indicator (DAPI) Runwav 35 • Replace and relocate the MALSR and establish a MALSR shelter • Relocate the existing Glide Slope (GS) and shelter • Relocate the existing Localizer (LOC) and shelter • Relocate the touchdown Runway Visual Range (RVR) • Relocate the existing Distance Measuring Equipment (DME) Runway 13 • Replace and relocate the MALSR and establish a MALSR shelter • Relocate the existing GS and shelter • Relocate the existing LOC and shelter • Relocate the touchdown RVR • Relocate the existing DME • Relocate existing PAPI • Re-establish power to the Automated Surface Observing System (ASOS) 0 Agreement Number AJW-FN-CSA-11-2050 Runwav 31 • Replace and relocate the MALSR and replace the existing MALSR shelter • Relocate the existing LOC and shelter • Relocate the existing PAPI This project also allows for an FAA engineering evaluation of the Sponsor's design to replace the Runway 17 ODALS with a MALSR, and replace the existing MALSRs on Runways 13, 31,and 35 with new MALSRs. Currently, there are no new FAA MALSR systems available to replace the existing systems. However, the Sponsor intends to proceed with engineering design based on the possibility that new MALSR systems will become available. If FAA MALSR systems do become available during the design portion of this project, the Sponsor will remove the existing FAA ODALS and MALSR systems and install the new MALSR systems at the Sponsor's expense. If new MALSR systems do not become available from the FAA, the Sponsor will modify the design to reflect relocation of all FAA systems, or acquire the replacement systems, at the Sponsor's expense. This Agreement provides funding for the FAA to establish these services. Therefore, this Agreement is titled: "Engineering Only - Relocate and/or Replace FAA Equipment in Support of Modifying Runways 17, 35,13, and 31 at the Corpus Christi International Airport, Corpus Christi, Texas" B. The FAA will perform the following activities: 1. Provide all technical assistance necessary to ensure that the Sponsor's project meets all applicable FAA rules, regulations, orders, requirements, standards, and specifications. 2. Provide FAA standard drawings, specifications, and directives for use by the Sponsor in accomplishing its design of the project. 3. Meet with the Sponsor as required to coordinate and discuss project planning and engineering. 4. Perform engineering design reviews of the Sponsor's plans and specifications in support of the Sponsor's construction project. The FAA will provide three review cycles, one each at 35%, 65% and 100% phases of the Sponsor's design plans and specifications. The FAA will have twenty-one (2 1) calendar days from date of receipt to submit comments back to the Sponsor. The Sponsor's design plans and specifications are not final until the FAA has notified the Sponsor that all of the FAA's comments, suggestions, and/or requirements have been incorporated into the design plans and specifications. 5. Perform the electronics engineering for the relocated facilities. Electronics engineering will include but is not limited to performing site surveys, coordinating project details and scope, reviewing equipment documentation, reviewing orders, Agreement Number AJW-FN-CSA-11-2050 providing specifications, submitting frequency requests, submitting telco requests, and developing installation materials lists. 6. Determine if an Environmental Due Diligence Audit (EDDA) is required. C. The Sponsor will perform the following activities: 1. Provide all funding necessary for this Agreement. 2. Develop the plans and specifications, with FAA participation and approval, for any changes to FAA facilities, systems, and equipment necessitated by the Sponsor's project. Scope of work includes, but is not limited to: siting of the facilities; plot site preparation work (i.e. siting, trenching, grading, filing, foundations, power, etc.); and relocation of the impacted FAA NAVAID facilities, shelters, and supporting infrastructure. 3. Provide engineering design to FAA systems, to include but not be limited to, providing generic design drawings and specifications, review project shop drawings, preparation of project transmittals, technical assistance, submission of utility requests, and processing lease modifications. 4. Provide copies of the proposed grading plan and profile information. 5. Provide to the FAA for the FAA's coordination and review three (3) sets of American National Standard (ANSI) size "D" design drawings, four (4) sets of 11" X 17" drawings and specifications in hard -copy format, and one (1) set of electronic format plans and specifications of the project at the 35%, 65% and 100% design phases. The FAA will have twenty-one (2 1) calendar days from date of receipt to submit comments back to the Sponsor. Within twenty-one (2 1) working days of receipt of the FAA's comments, or within such other period as the parties may agree, the Sponsor will provide to the FAA a written response to each of the FAA's comments, suggestions, and requirements. No construction may begin prior to receipt of FAA design approval. The design drawings and specifications shall be sent to the following address: FAA Central Service Center Engineering Services ATTN: Matt Bunke, AJW-C14C 2601 Meacham Boulevard Fort Worth, Texas 76137 6. Address FAA's comments during the design review and advise FAA of any proposed changes before and during construction. No construction may begin prior to receipt of FAA design approval. Agreement Number AJW-FN-CSA-11-2050 7. Provide to the FAA the proposed schedule for the engineering and construction phases of the project within thirty (30) days of the start of the project's design. Additionally, the following delineated tasks shall be updated every three months or as the engineering and construction schedules change: a. Start of the project's design, b. Completion of the project's design, c. Date Sponsor's construction project is submitted to the public for bid, d. Award date and entity awarded construction of Sponsor's project, e. Date construction of Sponsor's project is to start, and f. Date construction of Sponsor's project is to be completed. 8. Submit airspace studies for the Runway modifications, as required. 9. Acquire all real estate necessary for execution of the runway modifications, including real estate necessary for relocated FAA facilities. 10. Provide to the FAA the legal description, plot definition, and topographical survey, including latitude and longitude, of the new facilities' locations, including any restricted areas and easements for access and utilities (water, power, gas, communications, etc.), as required. All lease and easement agreements shall be fully executed between the Sponsor and the FAA prior to the commencement of any construction under this Agreement. 11. Provide any information on hazardous materials or other environmental conditions that may impact the FAA facilities. Provide EDDA and NEPA documentation for FAA facilities prior to the commencement of any construction. The Environmental Studies shall be in accordance with all federal, state, and local regulations and FAA Orders. Provide Phase I EDDA documentation for new facility lease areas. Environmental Studies must be completed and reviewed by the FAA prior to the commencement of any construction. Provide Phase II and Phase III Environmental Studies as required by federal, state, and local regulations, FAA Orders, and as deemed necessary by the FAA. Environmental Studies shall, at a minimum, document the source and extent of any petroleum products or hazardous material impacts to the environment. The Sponsor agrees to investigate and remediate, at its sole cost, all petroleum or hazardous material impacts prior to construction and FAA lease acceptance. 12. Provide unencumbered access to all FAA facilities and proposed relocations. ARTICLE 4. Points of Contact A. FAA: 1. The Technical Operations Central Service Area will perform the Scope of Work included in this Agreement. Matt Bunke is the Technical Engineer and liaison Agreement Number AJW-FN-CSA-11-2050 with the Sponsor and can be reached at (817) 222-4129. This liaison is not authorized to make any commitment, or otherwise obligate the FAA, or authorize any changes which affect the estimated cost, period of performance, or other terms and conditions of this Agreement. 2. FAA Contracting Officer: The execution, modification, and administration of this Agreement must be authorized and accomplished by the Contracting Officer, Bradley K. Logan who can be reached at (817) 222-4395. B. Sponsor: City of Corpus Christi, Texas ATTN: Fred Segundo 1000 International Drive, Corpus Christi, TX 78406 (361) 289-0171 ext. 1213 ARTICLE 5. Non Interference with Operations The Sponsor understands and hereby agrees that any relocation, replacement, or modification of any existing or future FAA facility, system, and/or equipment covered by this Agreement during its term or any renewal thereof made necessary by Sponsor improvements, changes, or other actions which in the FAA's opinion interfere with the technical and/or operations characteristics of a FAA facility, system, and/or piece of equipment will be at the expense of the Sponsor, except when such improvements or changes are made at the written request of the FAA. In the event such relocations, replacements, or modifications are necessitated due to causes not attributable to either the Sponsor or the FAA, the FAA will determine funding responsibility. ARTICLE 6. Transfer Agreement A. To the extent that the Sponsor provides any material associated with the project, all such material (buildings, equipment, systems, components, cable, enclosures, etc.) will become the property of the FAA. The Sponsor will enter into a transfer agreement with the FAA for all real and personal property being transferred to the FAA for conveyance of ownership. The Sponsor will provide a line item property listing in tabular format, consisting of all real and personal property that will be included in the Project. Real property improvements will be identified by each line item and cost (e.g., foundation size, building type and dimensions, systems, composition of access road and parking, linear feet of fencing and cabling, etc.) Personal property listing will include the bar code number (where applicable), manufacturer, full item description, part number and/or serial number, quantity, model number, cost, funding appropriation, etc. The cost data for each item will be supported by a copy of the original invoice or billing statement and a copy of the construction contract along with verification of the contract acceptance date. Agreement Number AJW-FN-CSA-11-2050 B. The itemized cost data will be compiled into FAA Form 4650-12(1/99), Material Transfer/Receipt Document. This completed document provides an opportunity for the FAA (whenever possible) to verify equipment accountability; to assign national or local stock numbers; to determine the breakout of installed facility equipment; to establish line item accountable property; and to assign bar codes to specific equipment prior to it being recorded in property records. Joint signatures are required from both the Sponsor and the FAA Property Custodian on the FAA Form 4650- 12(1/99) prior to recordation of the assets in the FAA's property systems. ARTICLE 7. Estimated Costs The estimated FAA costs associated with this project are as follows: Reimbursable Agreement Detailed Project Cost Estimate Corpus Christi, TX AJW-FN-CSA-11-2050 Estimated Cost Description of Reimbursable Item Labor (Includes 26.5 % Overhead) Engineering WB4020 $128,159.00 Environmental/OSHA Review WB4030 $41,851.00 Local Support WB4060 $11,957.00 Total Labor $181,967.00 Other Objects Travel W134020, WB4030 $9,818.00 Subtotal of Other Objects $9,818.00 26.5% Overhead (Other Objects) $2,601.77 Total Other Objects $12,419.77 Total Labor $181,967.00 Grand Total $194,386.77 ARTICLE 8. Period of Agreement and Effective Date This Agreement supersedes and nullifies any previous Agreements between the parties on the subject matter. The effective date of this Agreement is the date of the last signature. The Agreement is considered complete when the final invoice is provided to the Sponsor and a refund is sent or payment is received as provided for in Article 9, Section E of this Agreement. Under no circumstances will this Agreement extend five years beyond its effective date. —2377— Agreement Number AJW-FN-CSA-11-2050 ARTICLE 9. Reimbursement and Accounting Arrangements A. The Sponsor agrees to prepay the entire estimated cost of the Agreement. The Sponsor will send a copy of the executed Agreement and full advance payment in the amount stated in Article 7 to the Accounting Division listed in Section C of this Article. The advance payment will be held as a non-interest bearing deposit. Such advance payment by the Sponsor must be received before the FAA incurs any obligation to implement this Agreement. B. The Sponsor certifies that arrangements for sufficient funding have been made to cover the estimated costs of the Agreement. C. The Accounting Division is identified by the FAA as the billing office for this Agreement. The Sponsor will send a copy of the executed Agreement and the full advance payment to the Accounting Division shown below. All payments must include the Agreement number, Agreement name, Sponsor name, and project location. The mailing address is: FAA — Mike Monroney Aeronautical Center ATTN: AMZ-330, Reimbursable Project Team P.O. Box 25082 Oklahoma City OK 73125 The overnight mailing, address is: DOT/FAA/Mike Monroney Aeronautical Center AMZ-330 Reimbursable Project Team 6500 S. MacArthur Blvd. Oklahoma City OK 73169 Telephone (405) 954-6724 The Sponsor hereby identifies the office to which the FAA will render bills for the project costs incurred as: City of Corpus Christi, Texas ATTN: Fred Segundo 1000 International Drive, Corpus Christi, TX 78406 (361) 289-0171 ext. 1213 D. The FAA will provide a quarterly Statement of Account of costs incurred against the advance payment. E. The cost estimates contained in Article 7 are expected to be the maximum cost associated with this Agreement, but may be modified to recover the FAA's actual cost. If during the course of this Agreement actual costs are expected to exceed the CWTC Agreement Number AJW-FN-CSA-11-2050 estimated costs, the FAA will notify the Sponsor immediately. The FAA will also provide the Sponsor a modification to the Agreement which includes the FAA's additional costs. The Sponsor agrees to prepay the entire estimated cost of the modification. The Sponsor will send a copy of the executed modification to the Agreement to the FAA -Mike Monroney Aeronautical Center with the additional advance payment. In addition, in the event that a contractor performing work pursuant to the scope of this Agreement brings a claim against the FAA and the FAA incurs additional costs as a result of the claim, the Sponsor agrees to reimburse the FAA for the additional costs incurred whether or not a final bill or a refund has been sent. ARTICLE 10. Changes and Modifications Changes and/or modifications to this Agreement will be formalized by a written modification that will outline in detail the exact nature of the change. Any modification to this Agreement will be executed in writing and signed by the authorized representative of each parry. The parties signing this Agreement and any subsequent modification(s) represent that each has the authority to execute the same on behalf of their respective organizations. No oral statement by any person will be interpreted as modifying or otherwise affecting the terms of the Agreement. Any parry to this Agreement may request that it be modified, whereupon the parties will consult to consider such modifications. ARTICLE 11. Termination In addition to any other termination rights provided by this Agreement, either party may terminate this Agreement at any time prior to its expiration date, with or without cause, and without incurring any liability or obligation to the terminated party other than payment of amounts due and owing and performance of obligations accrued, in each case on or prior to the termination date by giving the other party at least thirty (30) days prior written notice of termination. Payment of amounts due and owing may include all cost reimbursable under this Agreement, not previously paid, for the performance of this Agreement before the effective date of the termination; the total cost of terminating and settling contracts entered into by the FAA for the purpose of this Agreement; and any other costs necessary to terminate this Agreement. Upon receipt of a notice of termination, the receiving party will take immediate steps to stop the accrual of any additional obligations, which might require payment. All funds due after termination will be netted against the advance payment and, as appropriate; a refund or bill will be issued. ARTICLE 12. Order of Precedence (Not Used) ARTICLE 13. Legal Authority This Agreement is entered into under the authority of 49 U.S.C. § 106(1)(6), which authorizes the Administrator of the FAA to enter into and perform such contracts, leases, cooperative agreements and other transactions as may be necessary to carry out the Agreement Number AJW-FN-CSA-11-2050 functions of the Administrator and the Administration on such terms and conditions as the Administrator may consider appropriate. Nothing in this Agreement will be construed as incorporating by reference or implication any provision of Federal acquisition law or regulation. ARTICLE 14. Disputes Where possible, disputes will be resolved by informal discussion between the parties. In the event the parties are unable to resolve any dispute through good faith negotiations, the dispute will be resolved by alternative dispute resolution using a method to be agreed upon by the parties. The outcome of the alternative dispute resolution will be final unless it is timely appealed to the Administrator, whose decision is not subject to further administrative review and, to the extent permitted by law, is final and binding (see 49 U.S.C. § 46110). ARTICLE 15. Warranties The FAA makes no express or implied warranties as to any matter arising under this Agreement, or as to the ownership, merchantability, or fitness for a particular purpose of any property, including any equipment, device, or software that may be provided under this Agreement. ARTICLE 16. Insurance The Sponsor will arrange by insurance or otherwise for the full protection of itself from and against all liability to third parties arising out of, or related to, its performance of this Agreement. The FAA assumes no liability under this Agreement for any losses arising out of any action or inaction by the Sponsor, its employees, or contractors, or any third party acting on its behalf. ARTICLE 17. Limitation of Liability To the extent permitted by law, the Sponsor agrees to indemnify and hold harmless the FAA, its officers, agents and employees from all causes of action, suits or claims arising out of the work performed under this Agreement. However, to the extent that such claim is determined to have arisen from the act or omission by an officer, agent, or employee of the FAA acting within the scope of his or her employment, this hold harmless obligation will not apply and the provisions of the Federal Tort Claims Act, 28 U.S.C. § 2671, et seq., will control. The FAA assumes no liability for any losses arising out of any action or inaction by the Sponsor, its employees, or contractors, or any third party acting on its behalf. In no event will the FAA be liable for claims for consequential, punitive, special and incidental damages, claims for lost profits, or other indirect damages. —240— Agreement Number AJW-FN-CSA-11-2050 ARTICLE 18. Civil Rights Act The Sponsor will comply with Title VI of the Civil Rights Act of 1964 relating to nondiscrimination in federally assisted programs. ARTICLE 19. Protection of Information The parties agree that they will take appropriate measures to identify and protect proprietary, privileged, or otherwise confidential information that may come into their possession as a result of this Agreement. ARTICLE 20. Security In the event that the security office determines that the security requirements under FAA Order 1600.72A applies to work under this Agreement, the FAA is responsible for ensuring that security requirements, including compliance with AMS clause 3.14-2, Contractor Personnel Suitability Requirements (January 2011) are met. ARTICLE 21. Entire Agreement This document is the entire Agreement of the parties, who accept the terms of this Agreement as shown by their signatures below. In the event the parties duly execute any modification to this Agreement, the terms of such modification will supersede the terms of this Agreement to the extent of any inconsistency. Each party acknowledges participation in the negotiations and drafting of this Agreement and any modifications thereto, and, accordingly that this Agreement will not be construed more stringently against one parry than against the other. If this Agreement is not executed by the Sponsor within 100 calendar days after the FAA transmits it to the Sponsor, the terms contained and set forth in this Agreement shall be null and void. AGREED: FEDERAL AVIATION ADMINISTRATION SIGNATURE TITLE Contracting Officer DATE —241— CITY OF CORPUS CHRISTI, TEXAS CORPUS CHRISTI INTERNATIONAL AIRPORT SIGNATURE NAME TITLE DATE Page 1 of 1 Resolution authorizing the City Manager or designee to execute Memorandum of Agreement Number AJW-FN-CSA-11-260 in the amount of $194,386.77 between the Federal Aviation Administration and the City of Corpus Christi, Texas for technical services associated with Runway Safety Project at Corpus Christi International Airport. Be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City Manager or designee is authorized to execute a Memorandum of Agreement Number AJW-FN-CSA-11-250 in the amount of $194,386.77 between the Federal Aviation Administration and the City of Corpus Christi, Texas for technical services associated with Runway Safety Project at Corpus Christi International Airport. A copy of the Agreement will be filed in the City Secretary's Office. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: September 14, 2011. Lisa Aguila , Assistant City Attorney for the City Attorney -242- Corpus Christi, Texas Of 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott —243— 22 DATE: TO: Ronald L. Olson, City Manager FROM: Gustavo Gonzalez, P.E. Director of Water gustavogo@cctexa.com 361.826.1874 AGENDA MEMORANDUM for the City Council Meeting of September 27, 2011 Appointment of new Directors to the Lower Nueces River Water Supply District CAPTION: Resolution requesting the appointment of new directors to the Lower Nueces River Water Supply (District) in order to allow the directors to complete the dissolution of the District and the transfer of the District's assets to the City of Corpus Christi. BACKGROUND AND FINDINGS: Senate Bill 1254, enacted by the 69`" Texas Legislature authorized the dissolution of the Lower Nueces River Water Supply District and the repeal of Article 8280-134, Vernon's Texas Civil Statutes upon the liquidation of the District's debts and liabilities and the transfer of the District's assets to the City of Corpus Christi. The District made final payment on all of its bonds and indebtedness on July 10, 1986. The City of Corpus Christi is entitled to the ownership of all water reservoir lands and assets of the District under the legislative act and a certain contract between the District and the City of Corpus Christi dated August 10, 1955. The Board of Directors of the District, on July 17, 1986, authorized the President and Secretary of the District's Board of Directors to execute all documents and instruments necessary to effect the transfer to the City of Corpus Christi of all of the District's rights, title, and interest in and to the lands of Wesley Seale Dam and appurtenances thereto, constituting the reservoir of Lake Corpus Christi, and all other assets. This resolution authorizes submittal of a request to the Texas Commission on Environmental Quality, under the authority of §49.105(c), Texas Water Code, and Rule §29333(a)(1), Texas Administrative Code, to appoint a Board of Directors for the Lower Nueces River Water Supply District, in order to the transfer the remaining assets of the District to the City of Corpus Christi and complete the dissolution of the District as required by the law. ALTERNATIVES: OTHER CONSIDERATIONS: —247— CONFORMITY TO CITY POLICY: EMERGENCY/NON-EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: X Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP Fiscal Year: 2011-2012 Project to Date Expenditures CIP Current Year Future Years TOTALS Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: Since transfer of the ownership of the property, from the Lower Nueces River Water Supply District to the City of Corpus Christi cannot be verified, bonds for the funding of capital projects related to the reservoir can not be financed. Staff recommends approval of this item. LIST OF SUPPORTING DOCUMENTS: None Approvals: Jay Reining , Assistant City Attorney Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Johnny Perales, Assistant City Manager ■Im Page 1 of 3 Resolution requesting the appointment of new directors to the Lower Nueces River Water Supply District. Whereas, Senate Bill 1254, enacted by the 69th Texas Legislature authorized the dissolution of the Lower Nueces River Water Supply District and the repeal of Article 8280-134, Vernon's Texas Civil Statutes upon the liquidation of the District's debts and liabilities and the transfer of the District's assets to the City of Corpus Christi; Whereas, the District made final payment on all of its bonds and indebtedness on July 10, 1986; Whereas, the City of Corpus Christi is entitled to the ownership of all water reservoir lands and assets of the District under the legislative act and a certain contract between the District and the City of Corpus Christi dated August 10, 1955; Whereas, the Board of Directors of the District, on July 17, 1986, authorized the President and Secretary of the District's Board of Directors to execute all documents and instruments necessary to effect the transfer to the City of Corpus Christi of all of the District's rights, title, and interest in and to the lands of Wesley Seale Dam and appurtenances thereto, constituting the reservoir of Lake Corpus Christi, and all other assets; and Whereas, there is no evidence that the President and Secretary executed or filed the necessary documents to transfer several tracts of land and interests in land owned by the District; Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City of Corpus Christi requests that the Texas Commission on Environmental Quality, under the authority of §49.105(c), Texas Water Code, and Rule §293.33(a)(1), Texas Administrative Code, appoint a Board of Directors for the Lower Nueces River Water Supply District, in order to the transfer the remaining assets of the District to the City of Corpus Christi and complete the dissolution of the District as required by the law. Section 2. The City of Corpus Christi requests that Texas Commission on Environmental Quality appoint the following outstanding citizens of the State of Texas as the members of the Board of Directors, Lower Nueces Water Supply District: Frank Brogan Carl Crull Louis W. Hennings Jim Naismith Bernard Paulson LNRWSD resolution 09142011a.docx —249— Attest: Armando Chapa City Secretary Approved /s'th day of e,.-201 1. W y i34ning First Assistant City Attorney For City Attorney LNRWSD resolution 09142011 a.doox —250— City of Corpus Christi Joe Adame Mayor Page 2 of 3 Corpus Christi, Texas Of 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott LNRWSD resolution 09142011a.docx -251- Page 3 of 3 23 City of = B ti AGENDA MEMORANDUM for the City Council Meeting September 27, 2011 DATE: September 27, 2011 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Interim Director of Financial Services constancep@cctexas.com (361)826-3227 Authorization of the issuance of "City of Corpus Christi, Texas General Improvement Bonds, Series 2011" in an amount not to exceed $49,300,000 and Approval of a Financial Advisor. PURPOSE: A. Motion authorizing the appointment of M. E. Allison & Co., Inc. as Financial Advisor for the City of Corpus Christi, Texas General Improvement Bonds, Series 2011. B. Ordinance authorizing the issuance of "City of Corpus Christi, Texas General Improvement Bonds, Series 2011" in an amount not to exceed $49,300,000, levying an annual ad valorem tax, within the limitation prescribed by law, for the payment of the bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the Bonds; including the approval and distribution of an Official Statement pertaining thereto; authorizing the execution of a Paying Agent/Registrar Agreement and a Purchase Contract; complying with the requirements imposed by the Letter of Representations previously executed with the Depository Trust Company; delegating the authority to the Mayor and certain members of the City Staff to execute certain documents relating to the sale of the Bonds; and providing an effective date. BACKGROUND AND FINDINGS: Agenda Item A - The first part of this agenda item authorizes the appointment of M. E. Allison & Co., Inc. as financial advisor for the City of Corpus Christi, Texas General Improvement Bonds, Series 2011. See Exhibit A for the Financial Advisor's fee schedule. Fulbright & Jaworski L.L.P. is currently under contract with the City to serve as the City's bond counsel and will serve as the second part of our financing team for the City of Corpus Christi, Texas Utility Revenue Improvement Bonds, Series 2011. The third part of the financing team is the underwriters. Selection of the syndicate of underwriters from the City's pool of approved underwriters has been delegated to the Mayor, City Manager, and Assistant City Manager for General Government and Operations Support, as outlined in the ordinance for Agenda Item B. -255- Agenda Item B On November 8, 2008, the voters of Corpus Christi approved $153,000,000 of capital projects. In May 2009, $90,000,000 (plus cost of issuance) was issued as the first traunch of bonds. In June 2010, $13,700,000 was issued as the second traunch. This item is requesting authorization to issue the third and final traunch to complete funding for the street projects. The remaining authorized amount is $49,300,000. The authorization and purpose of the projects approved from Bond 2008 are as follows: Amount Project to Date Exp. (CIP Only) Amount Amount Authorized Purpose Previously Offered Remainina $104,610,000 Street Improvements $55,310,000 $49,300,000 6,250,000 Fire Station Improvements 6,250,000 - 3,340,000 Police Department Improvements 3,340,000 - 1,150,000 Public Health Rehabilitation 1,150,000 - 3,050,000 Public Facilities Improvements 3,050,000 - 21,600,000 Park and Recreation Improvements 21,600,000 - 13.000.000 $153.000 000 Bayfront Development 13.000.000 $103.700.000 $49.300.000 Because of the fluctuating conditions in the municipal bond market, our Financial Advisor has recommended that the City Council delegate to the Mayor, City Manager, and Assistant City Manager for General Government and Operations Support (i.e., "Authorized Representatives") the authority to effect the sale of the Bonds subject to the following parameters: (1) the principal amount of each series of Bonds may not exceed $49,300,000; (2) none of the Bonds shall bear interest at a rate greater than 7% per year; and (3) the Bonds must have a rating issued by a nationally recognized municipal securities ratings organization in one of the four highest rating categories. The City's bond counsel has confirmed that the City can delegate the sale of the Bonds and Refunding Bonds to the Authorized Representatives in the manner outlined above pursuant to the authority contained in Chapter 1371, as amended, Texas Government Code. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget Encumbered/Expended amount of (date) _ This item $ 49,300,000 $ 49,300,000 BALANCE $ 49,300,000 $ 49,300,000 FUND(S): CIP Fund (number to be determined after bond sale) -256- The financial impact of this item is consistent with the financing plan discussed with the City Council during the discussion and approval of the Fiscal Year 2012 Capital Improvement Plan. RECOMMENDATION: Staff recommends that City Council approve each part of this agenda item as presented. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY/NON-EMERGENCY: Issuance of municipal revenue bonds is exempted from the City of Christi's charter provision regarding dual reading and/or emergency adoption provisions pursuant to the provisions of Section 1201.028, as amended, Texas Government Code. DEPARTMENTAL CLEARANCES: • Bond Counsel • Legal Department LIST OF SUPPORTING DOCUMENTS: Exhibit A: Financial Advisor Fee Schedule Ordinance cc: Lisa Aguilar, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager -257- 67A w W., AMC. INVESTMENT BANKERS EXHIBIT A FINANCIAL ADVISORY FEE SCHEDULE GENERAL OBLIGATION BONDS And Not More than More than $ $ 250,000 $7,500 plus $20.00 per $1,000 for all over $150,000 250,000 350,000 $9,500 plus $10.00 per $1,000 for all over $250,000 350,000 500,000 $10,500 plus $8.00 per $1,000 for all over $350,000 500,000 700,000 $11,700 plus $7.00 per $1,000 for all over $500,000 700,000 1,000,000 $13,100 plus $6.00 per $1,000 for all over $700,000 1,000,000 1,500,000 $14,900 plus $5.00 per $1,000 for all over $1,000,000 1,500,000 5,000,000 $17,400 plus $3.00 per $1,000 for all over $1,500,000 5,000,000 10,000,000 $27,900 plus $1.65 per $1,000 for all over $5,000,000 10,000,000 20,000,000 $36,150 plus $1.00 per $1,000 for all over $10,000,000 20,000,000 No Limit $46,150 plus $0.85 per $1,000 for all over $20,000,000 REVENUE BONDS AND COMBINATION TAX & REVENUE CERTIFICATES OF OBLIGATION In the event the Bonds to be issued are Revenue Bonds or Combination Tax and Revenue Certificates of Obligation, Refunding, Direct Pay Subsidy or Lease Purchase Obligations, the fee shall be the amount computed from the above schedule, plus 25%. -258- DRAFT 9-09-11 ORDINANCE NO. AUTHORIZING THE ISSUANCE OF "CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT BONDS, SERIES 2011" IN AN AMOUNT NOT TO EXCEED $49,300,000, LEVYING AN ANNUAL AD VALOREM TAX, WITHIN THE LIMITATIONS PRESCRIBED BY LAW, FOR THE PAYMENT OF THE BONDS; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, AND DELIVERY OF THE BONDS; INCLUDING THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT AND A PURCHASE CONTRACT; COMPLYING WITH THE REQUIREMENTS IMPOSED BY THE LETTER OF REPRESENTATIONS PREVIOUSLY EXECUTED WITH THE DEPOSITORY TRUST COMPANY; DELEGATING THE AUTHORITY TO THE MAYOR AND CERTAIN MEMBERS OF THE CITY STAFF TO EXECUTE CERTAIN DOCUMENTS RELATING TO THE SALE OF THE BONDS; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council (the City Councio of the City of Corpus Christi, Texas (the City) hereby finds and determines that general improvement bonds of the City, representing an allocation against the hereinafter described voted authorization in the total principal amount of $ (being the principal amount of $ and a portion of the premium of $_ ), should be issued and sold at this time, being the third and final installment of general improvement bonds approved and authorized to be issued at an election held on November 4, 2008, the respective authorized purposes and amounts authorized to be issued therefor, amounts previously issued, amounts being issued pursuant to this ordinance, and amounts remaining to be issued from such voted authorizations subsequent to the date hereof being as follows: Date Voted Purpose Amount Authorized Previously Issued Bonds Bonds Issued Herein Premium Allocated to Voted Authorization Amount Unissued 11-4-08 Street Improvements $104,610,000 $55,310,000 $ $ $0 11.4-08 Fire Station Improvements $6,250,000 $6,250,000 $0 $0 $0 11-4-08 Police Department Improvements $3,340,000 $3,340,000 $0 $0 $0 11-4-08 Public Health Rehabilitation $1,150,000 $1,150,000 $0 $0 $0 11-4.08 Public Facilities Improvements $3,050,000 $3,050,000 $0 $0 $0 11.4-08 Pads and Recreation Improvements $21,600,000 $7,900,000 $0 $0 $0 11-4-08 Bayfront Development (Park and Recreation) $13,000,000 $13,000,000 $0 $0 $0 95197686.2 -259- WHEREAS, the City Council intends to issue an aggregate principal of $ in general improvement bonds the proceeds of which will be utilized to provide for the (i) purpose of making permanent public improvements and for public purposes described above and (ii) payment of the costs of issuance of the general improvement bonds; WHEREAS, the City Council hereby finds and determines that the issuance of the general improvement bonds is in the best interests of the citizens of the City, now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1: Authorization - Designation - Principal Amount - Purnose. General improvement bonds of the City shall be and are hereby authorized to be issued in the aggregate principal amount of AND NO/100 DOLLARS ($ ), to be designated and bear the title of "CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT BONDS, SERIES 2011" (the Bonds), for the purpose of providing funds: (i) to make permanent public improvements within the City, to -wit: improvements to City streets and (ii) to pay the costs related to the issuance of the Bonds, all in conformity with the laws of the State of Texas, particularly Chapters 1251, 1331, and 1371, as amended, Texas Government Code, an election held in the City on. November 4, 2008, an ordinance adopted by the City Council on September 27, 2011, and the City's Home Rule Charter. As authorized by Chapter 1371, as amended, Texas Government Code (Chapter 1371), the Mayor of the City, the City Manager of the City, and the Assistant City Manager for General Government and Operations Support (each of the foregoing, individually, an Authorized Representative) are hereby authorized, appointed, and designated as the officers of the City authorized to individually act on behalf of the City in selling and delivering the Bonds authorized herein and carrying out the procedures specified in this Ordinance, including approval of the aggregate principal amount of each maturity of the Bonds, the redemption provisions therefor, the Dated Date thereof, and the rate of interest to be borne on the principal amount of each such maturity. Each Authorized Representative, acting for and on behalf of the City, is authorized to execute the Approval Certificate attached hereto as Schedule I. The Bonds shall be issued in the principal amount not to exceed $49,300,000; the maximum maturity of the Bonds will be March 1, 2051; and the net effective per annum interest rate shall not exceed a rate greater than 7.0% per annum calculated in a manner consistent with the provisions of Chapter 1204, as amended, Texas Government Code. Lastly, each Authorized Representative is authorized to select the bond insurer, if any, with respect to the Bonds. The execution of the Approval Certificate shall evidence the sale date of the Bonds by the City to the Purchasers in accordance with the provisions of Chapter 1371. It is further provided, however, that notwithstanding the foregoing provisions, the Bonds shall not be delivered unless prior to their initial delivery, the Bonds have been rated by a nationally recognized rating agency for municipal securities in one of the four highest rating categories for long term obligations, as required by Chapter 1371. Upon execution of the Approval Certificate, Bond Counsel is authorized to complete this Ordinance to reflect such final terms. 95197686.2 -2- -260- SECTION 2: Fully Registered Obligations - Authorized Denominations - Stated Maturities - Interest Rates - Dated Date. The Bonds shall be issued as fully registered obligations, without coupons, shall be dated --'2011 (the Dated Date) and shall be in denominations of $5,000 or any integral multiple thereof, shall be lettered "R" and numbered consecutively from One (1) upward, and principal shall become due and payable on March 1 in each of the years and in amounts (the Stated Maturities) and bear interest at the rates per annum in accordance with the following schedule: Years of Principal Interest Stated Maturity Amounts M Rates The Bonds shall bear interest on the unpaid principal amounts from the Dated Date, or from the most recent Interest Payment Date to which interest has been paid or duly provided for, to Stated Maturity or prior redemption, while Outstanding, at the rates per annum shown in the above schedule (calculated on the basis of a 360 -day year of twelve 30 -day months). Interest on the Bonds shall be payable on Match 1 and September 1 in each year, commencing March 1, 2012 (the Interest Payment Date), while the Bonds are Outstanding. 95197686.2 -3- -261- SECTION 3: Payment of Bonds - Paving Agent/Registrar. The principal of, premium, if any, and the interest on the Bonds, due and payable by reason of Stated Maturity, redemption, or otherwise, shall be payable in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts, and such payment of principal of, premium, if any, and interest on the Bonds shall be without exchange or collection charges to the Holder (as hereinafter defined) of the Bonds. The selection and appointment of BOKF, NA dba Bank of Texas, Austin, Texas, to serve as the initial Paying Agent/Registrar (the Paying Agent/Registrar) for the Bonds is hereby approved and confirmed, and the City agrees and covenants to cause to be kept and maintained at the corporate trust office of the Paying Agent/Registrar books and records (the Security Register) for the registration, payment, and transfer of the Bonds, all as provided herein, in accordance with the terms and provisions of a Paying Agent/Registrar Agreement, attached, in substantially final form, as Exhibit A hereto, and such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. The City covenants to maintain and provide a Paying Agent/Registrar at all times while the Bonds are Outstanding, and any successor Paying Agent/Registrar shall be (i) a national or state banking institution or (ii) an association or a corporation organized and doing business under the laws of the United States of America or of any state, authorized under such laws to exercise trust powers. Such Paying Agent/Registrar shall be subject to supervision or examination by federal or state authority and authorized by law to serve as a Paying Agent/Registrar. The City reserves the right to appoint a successor Paying Agent/Registrar upon providing the previous Paying Agent/Registrar with a certified copy of a resolution or ordinance terminating such agency. Additionally, the City agrees to promptly cause a written notice of this substitution to be sent to each Holder of the Bonds by United States mail, first-class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. Both principal of, premium, if any, and interest on the Bonds, due and payable by reason of Stated Maturity, redemption, or otherwise, shall be payable only to the registered owner of the Bonds appearing on the Security Register (the Holder or Holders) maintained on behalf of the City by the Paying Agent/Registrar as hereinafter provided (i) on the Record Date (hereinafter defined) for purposes of payment of interest on the Bonds, (ii) on the date of surrender of the Bonds for purposes of receiving payment of principal thereof at the Bonds' Stated Maturity or upon redemption of the Bonds, and (iii) on any date for any other purpose. The City and the Paying Agent/Registrar, and any agent of either, shall treat the Holder as the owner of a Bond for purposes of receiving payment and all other purposes whatsoever, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. Principal of and premium, if any, on the Bonds shall be payable only upon presentation and surrender of the Bonds to the Paying Agent/Registrar at its corporate trust office. Interest on the Bonds shall be paid to the Holder whose name appears in the Security Register at the close of business on the fifteenth day of the month next preceding an Interest Payment Date for the Bonds (the Record Date) and shall be paid (i) by check sent on or prior to the appropriate date of payment by United States mail, first-class postage prepaid, by the Paying Agent/Registrar, to the 95197686.2 - 4 - -262- address of the Holder appearing in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested in writing by the Holder at the Holder's risk and expense. If the date for the payment of the principal of, premium, if any, or interest on the Bonds shall be a Saturday, a Sunday, a legal holiday, or a day on which banking institutions in the city where the corporate trust office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a day. The payment on such date shall have the same force and effect as if made on the original date any such payment on the Bonds was due. In the event of a non-payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a Special Record Date) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date - which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of each Holder of a Bond appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. SECTION 4: Redemption. A. Mandatory Redemption. The Bonds stated to mature on March 1, 20_, and March 1, 20_, are referred to herein as the "Tenn Bonds". The Term Bonds are subject to mandatory sinking fund redemption prior to their stated maturities from money required to be deposited in the Bond Fund for such purpose and shall be redeemed in part, by lot or other customary method, at the principal amount thereof plus accrued interest to the date of redemption in the following principal amounts on March 1 in each of the years as set forth below: Term Bonds Stated to Mature on March 1.20_, Term Bonds Stated to Mature on March 1, 20 Principal Principal Year Amount Year Amount 20 20 20_ * 20 *Payable at Stated Maturity. The principal amount of a Term Bond required to be redeemed pursuant to the operation of such mandatory redemption provisions shall be reduced, at the option of the City, by the principal amount of any Term Bonds of such Stated Maturity which, at least 50 days prior to the mandatory redemption date (1) shall have been defeased or acquired by the City and delivered to the Paying Agent/Registrar for cancellation, (2) shall have been purchased and canceled by the 95197656.2 -5- -263- Paying Agent/Registrar at the request of the City with money in the Bond Fund, or (3) shall have been redeemed pursuant to the optional redemption provisions set forth below and not theretofore credited against a mandatory redemption requirement. B. Optional Redemption. The Bonds having Stated Maturities on and after March 1, 20_ shall be subject to redemption prior to Stated Maturity at the option of the City, on March 1, 20_, or on any date thereafter, as a whole or in part, in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity selected at random and by lot by the Paying Agent/Registrar), at the redemption price of par plus accrued interest to the date of redemption. C. Exercise of Redemption Option. At least forty-five (45) days prior to a date set for the redemption of Bonds (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar), the City shall notify the Paying Agent/Registrar of its decision to exercise the right to redeem Bonds, the principal amount of each Stated Maturity to be redeemed, and the date set for the redemption thereof. The decision of the City to exercise the right to redeem Bonds shall be entered in the minutes of the governing body of the City. D. Selection of Bonds for Redemption. If less than all Outstanding Bonds of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/Registrar shall select at random and by lot the Bonds to be redeemed, provided that if less than the entire principal amount of a Bond is to be redeemed, the Paying Agent/Registrar shall treat such Bond then subject to redemption as representing the number of Bonds Outstanding which is obtained by dividing the principal amount of such Bond by $5,000. E. Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Bonds, a notice of redemption shall be sent by United States Mail, first-class postage prepaid, in the name of the City and at the City's expense, by the Paying Agent/Registrar to each Holder of a Bond to be redeemed, in whole or in part, at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. All notices of redemption shall (i) specify the date of redemption for the Bonds, (ii) identify the Bonds to be redeemed and, in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state that the Bonds, or the portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified, and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, and (v) specify that payment of the redemption price for the Bonds, or the principal amount thereof to be redeemed, shall be made at the corporate trust office of the Paying Agent/Registrar only upon presentation and surrender thereof by the Holder. If a Bond is subject by its terms to redemption and has been called for redemption and notice of redemption thereof has been duly given or waived as herein provided, such Bond (or the principal amount thereof to be redeemed) so called for redemption shall become due and payable, and if money sufficient for the payment of such Bonds (or of the principal amount thereof to be redeemed) at the then applicable redemption price is held for the purpose of such payment by the Paying 95197686.2 -6- -264— Agent/Registrar, then on the redemption date designated in such notice, interest on said Bonds (or the principal amount thereof to be redeemed) called for redemption shall cease to accrue, and such Bonds shall not be deemed to be Outstanding in accordance with the provisions of this Ordinance. This notice may also be published once in a financial publication, journal, or reporter of general circulation among securities dealers in the City of New York, New York (including, but not limited to, The Bond Buyer and The Wall Street Journal), or in the State of Texas (including, but not limited to, The Texas Bond Reporter). Additionally, this notice may also be sent by the City to any registered securities depository and to any national information service that disseminates redemption notices. F. Transfer/Exchange of Bonds. Neither the City nor the Paying Agent/Registrar shall be required to transfer or exchange any Bond during a period beginning forty-five (45) days prior to the date fixed for redemption of the Bonds or to transfer or exchange any Bond selected for redemption; provided, however, such limitation of transfer shall not be applicable to an exchange by the Holder of the unredeemed balance of a Bond which is subject to redemption in part. SECTION 5: Execution - Registration. The Bonds shall be executed on behalf of the City by its Mayor under the seal of the City reproduced or impressed thereon and attested by its City Secretary. The signature of any of said officers on the Bonds may be manual or facsimile. Bonds bearing the manual or facsimile signatures of individuals who were, at the time of the Dated Date, the proper officers of the City shall bind the City, notwithstanding that such individuals or either of them shall cease to hold such offices prior to the delivery of the Bonds to the Purchasers, all as authorized and provided in Chapter 1201, as amended, Texas Government Code. No Bond shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Bond either a certificate of registration substantially in the form provided in Section 8C, executed by the Comptroller of Public Accounts of the State of Texas or his duly authorized agent by manual signature, or a certificate of registration substantially in the form provided in Section 8D, executed by the Paying Agent/Registrar by manual signature, and either such certificate upon any Bond shall be conclusive evidence, and the only evidence, that such Bond has been duly certified or registered and delivered. SECTION 6: Registration - Transfer - Exchange of Bonds - Predecessor Bonds. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of every owner of the Bonds, or, if appropriate, the nominee thereof. Any Bond may, in accordance with its terns and the terms hereof, be transferred or exchanged for Bonds of other authorized denominations upon the Security Register by the Holder, in person or by his duly authorized agent, upon surrender of such Bond to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. Upon surrender for transfer of any Bond at the corporate trust office of the Paying Agent/Registrar, the City shall execute and the Paying Agent/Registrar shall register and, deliver, in the name of the designated transferee or transferees, one or more new Bonds of authorized 95197686.2 -7- -265- denomination and having the same Stated Maturity and of a like interest rate and aggregate principal amount as the Bond or Bonds surrendered for transfer. At the option of the Holder, Bonds may be exchanged for other Bonds of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Bonds surrendered for exchange upon surrender of the Bonds to be exchanged at the corporate trust office of the Paying Agent/Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute, and the Paying Agent/Registrar shall register and deliver, the Bonds to the Holder requesting the exchange. All Bonds issued upon any transfer or exchange of Bonds shall be delivered at the corporate trust office of the Paying Agent/Registrar, or be sent by registered mail to the Holder at his request, risk, and expense, and upon the delivery thereof, the same shall be the valid and binding obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Bonds surrendered upon such transfer or exchange. All transfers or exchanges of Bonds pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any fee, tax or other governmental charges required to be paid with respect to such transfer or exchange. Bonds canceled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be Predecessor Bonds, evidencing all or a portion, as the case may be, of the same debt evidenced by the new Bond or Bonds registered and delivered in the exchange or transfer therefor. Additionally, the term Predecessor Bonds shall include any Bond registered and delivered pursuant to Section 17 in lieu of a mutilated, lost, destroyed, or stolen Bond which shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Bond. SECTION 7: Initial Bonds. The Bonds herein authorized shall be initially issued as a single fully registered Bond in the aggregate principal amount of $ with principal installments to become due and payable as provided in Section 2 hereof and numbered T-1 (the Initial Bands), and the Initial Bonds shall be registered in the name of the Purchasers or the designee thereof. The Initial Bonds shall be the Bonds submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the Purchasers. Any time after the delivery of the Initial Bonds to the Purchasers, the Paying Agent/Registrar, pursuant to written instructions from the Purchasers, or the designee thereof, shall cancel the Initial Bonds delivered hereunder and exchange therefor definitive Bonds of like kind and of authorized denominations, Stated Maturities, principal amounts and bearing applicable interest rates for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the Purchasers, or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. 95197686.2 -8- -266- SECTION 8: Forms. A. Forms Generally. The Bonds, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Bonds shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including insurance legends in the event the Bonds, or any Stated Maturities thereof, are insured and identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including any reproduction of an opinion of counsel) thereon as may, consistent herewith, be established by the City or determined by the officers executing the Bonds as evidenced by their execution thereof. Any portion of the text of any Bond may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Bond. The definitive Bonds shall be printed, lithographed, or engraved, produced by any combination of these methods, or produced in any other similar manner, all as determined by the officers executing the Bonds as evidenced by their execution thereof, but the Initial Bond(s) submitted to the Attorney General of Texas may be typewritten or photocopied or otherwise reproduced. [The remainder of this page intentionally left blank.] 95197686.2 -9- -267- B. Form of Definitive Bond. REGISTERED REGISTERED PRINCIPAL AMOUNT NO. It United States of America State of Texas F Counties of Nueces, Aransas, Kleberg, and San Patricio CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT BOND, SERIES 2011 Dated Date: Interest Rate: Stated Maturity: CUSIP NO: , 2011 REGISTERED OWNER: PRINCIPAL AMOUNT: The City of Corpus Christi, Texas (the City), a body corporate and a municipal corporation in the Counties of Nueces, Aransas, Kleberg, and San Patricio, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner specified above, or the registered assigns thereof, on the Stated Maturity date specified above, the Principal Amount specified above (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid Principal Amount hereof from the Dated Date or from the most recent interest payment date to which interest has been paid or duly provided for until such Principal Amount has become due and payment thereof has been made or duly provided for, to the earlier of redemption or Stated Maturity, at the per annum rate of interest specified above computed on the basis of a 360 -day year of twelve 30 -day months; such interest being payable on March I and September 1 of each year commencing March 1, 2012. Principal and premium, if any, on this Bond shall be payable to the Registered Owner hereof (the Holder), upon presentation and surrender, at the corporate trust office of the Paying Agent/Registrar executing the registration certificate appearing hereon or a successor thereof. Interest shall be payable to the Holder of this Bond (or one or more Predecessor Bonds, as defined in the Ordinance hereinafter referenced) whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the fifteenth day of the month next preceding each interest payment date. All payments of principal of, and interest on this Bond shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on or prior to the appropriate date of payment by United States mail, first-class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by the Holder hereof at the Holder's risk and expense. 95197686.2 -10- This Bond is one of the series specified in its title issued in the aggregate principal amount of $ (the Bonds) pursuant to an ordinance adopted by the governing body of the City (the Ordinance), for the purpose of providing funds: (i) to make permanent public improvements within the City, to -wit: improvements to City streets and (ii) to pay the costs related to the issuance of the Bonds, all in conformity with the laws of the State of Texas, particularly Chapters 1251, 1331, and 1371, as amended, Texas Government Code, an election held in the City on November 4, 2008, the Ordinance, and the City's Home Rule Charter. As specified in the Ordinance, the Bonds stated to mature on March 1, 20_, and March 1, 20_, are referred to herein as the "Term Bonds". The Term Bonds are subject to mandatory sinking fund redemption prior to their stated maturities from money required to be deposited in the Bond Fund for such purpose and shall be redeemed in part, by lot or other customary method, at the principal amount thereof plus accrued interest to the date of redemption in the following principal amounts on March 1 in each of the years as set forth below: Term Bonds Stated to Mature on March 1, 20_ Tenn Bonds Stated to Mature on March 1, 20 Principal Principal Year Amount Year Amount ($) 20_ 20 20_ * 20 *Payable at Stated Maturity. The principal amount of a Term Bond required to be redeemed pursuant to the operation of such mandatory redemption provisions shall be reduced, at the option of the City, by the principal amount of any Term Bonds of such Stated Maturity which, at least 50 days prior to the mandatory redemption date (1) shall have been defeased or acquired by the City and delivered to the Paying Agent/Registrar for cancellation, (2) shall have been purchased and canceled by the Paying Agent/Registrar at the request of the City with money in the Bond Fund, or (3) shall have been redeemed pursuant to the optional redemption provisions set forth below and not theretofore credited against a mandatory redemption requirement. The Bonds stated to mature on and after March 1, 20_ may be redeemed prior to their Stated Maturities at the option of the City, on March 1, 20, or on any date thereafter, in whole or in part in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity selected at random and by lot by the Paying Agent/Registrar) at the redemption price of par, together with accrued interest to the date of redemption, and upon thirty (30) days prior written notice being given by United States Mail, first-class postage prepaid, to Holders of the Bonds to be redeemed, and subject to the terms and provisions relating thereto contained in the Ordinance. If this Bond is subject to redemption prior to Stated Maturity and is in a denomination in excess of $5,000, portions of the principal sum hereof in installments of $5,000 or any integral multiple thereof may be redeemed, and, if less than all of the principal sum hereof is to be redeemed, there shall be issued, without charge therefor, to the Holder hereof, upon the surrender of this Bond to the Paying Agent/Registrar at its corporate trust office, a new Bond or 95197686.2 - 11 - -269- Bonds of like Stated Maturity and interest rate in any authorized denominations provided in the Ordinance for the then unredeemed balance of the principal sum hereof. If this Bond (or any portion of the principal sum hereof) shall have been duly called for redemption and notice of such redemption has been duly given, then upon such redemption date this Bond (or the portion of the principal sum hereof to be redeemed) shall become due and payable, and, if money for the payment of the redemption price and the interest accrued on the principal amount to be redeemed to the date of redemption is held for the purpose of such payment by the Paying Agent/Registrar, interest shall cease to accrue and be payable hereon from and after the redemption date on the principal amount hereof to be redeemed. If this Bond is called for redemption, in whole or in part, the City or the Paying Agent/Registrar shall not be required to issue, transfer, or exchange this Bond within forty-five (45) days of the date fixed for redemption; provided, however, such limitation of transfer shall not be applicable to an exchange by the Holder of the unredeemed balance hereof in the event of its redemption in part. The Bonds of this series are payable from the proceeds of an annual ad valorem tax levied upon all taxable property within the City within the limitations prescribed by law. Reference is hereby made to the Ordinance, a copy of which is on file in the corporate trust office of the Paying Agent/Registrar, and to all of the provisions of which the Holder by his acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Bonds; the terms and conditions relating to the transfer or exchange of the Bonds; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which this Bond may be redeemed or discharged at or prior to the Stated Maturity thereof, and deemed to be no longer Outstanding thereunder; and for the other terms and provisions specified in the Ordinance. Capitalized terns used herein have the same meanings assigned in the Ordinance. This Bond, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register upon presentation and surrender at the corporate trust office of the Paying Agent/Registrar, duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by the Holder hereof, or his duly authorized agent, and thereupon one or more new fully registered Bonds of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued to the designated transferee or transferees. The City and the Paying Agent/Registrar, and any agent of either, shall treat the Holder hereof whose name appears on the Security Register (i) on the Record Date as the owner hereof for purposes of receiving payment of interest hereon, (ii) on the date of surrender of this Bond as the owner hereof for purposes of receiving payment of principal hereof at its Stated Maturity or its redemption, in whole or in part, and (iii) on any other date as the owner hereof for all other purposes, and neither the City nor the Paying Agent/Registrar, or any such agent of either, shall be affected by notice to the contrary. In the event of a non-payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a Special Record Date) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record 95197686.2 -12- -270- Date and of the scheduled payment date of the past due interest (the Special Payment Date - which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, covenanted, and represented that all acts, conditions, and things required to be performed, exist, and be done precedent to the issuance of this Bond in order to render the same a legal, valid, and binding obligation of the City have been performed, exist, and have been done, in regular and due time, form, and manner, as required by law, and that issuance of the Bonds does not exceed any constitutional or statutory limitation; and that due provision has been made for the payment of the principal of, premium if any, and interest on the Bonds by the levy of a tax as aforestated. In case any provision in this Bond or any application thereof shall be deemed invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions and applications shall not in any way be affected or impaired thereby. The terms and provisions of this Bond and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. [The remainder of this page intentionally left blank.] 95197686.2 -13- -271- IN WITNESS WHEREOF, the City has caused this Bond to be duly executed under its official seal. ATTEST: City Secretary (CITY SEAL) 95197686.2 CITY OF CORPUS CHRISTI, TEXAS Mayor [The remainder of this page intentionally left blank.] -14- -272- C. *Form of Registration Certificate of Comptroller of Public Accounts to Appear on Initial Bonds Only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF § PUBLIC ACCOUNTS § § REGISTER NO. THE STATE OF TEXAS § I HEREBY CERTIFY that this Bond has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this Comptroller of Public Accounts of the State of Texas (SEAL) * Note to Printer: Not to appear on printed Bonds D. Form of Certificate of Pang Agent/Registrar to Appear on Definitive Bonds Only. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Bond has been duly issued under the provisions of the within -mentioned Ordinance; the Bond or Bonds of the above -entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. Registered this date: BOKF, NA DBA BANK OF TEXAS, Austin, Texas, as Paying Agent/Registrar 0 Authorized Signature 95197686.2 -15- -273- E. Foran of Assignment. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee): (Social Security or other identifying number): the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. DATED: NOTICE: The signature on this assignment must correspond with the name of the registered owner as it appears on the face of the within Bond in every particular. Signature guaranteed: F. The Initial Bonds shall be in the respective forms set forth in paragraph B of this Section, except that the form of a single fully registered Initial Bond shall be modified as follows: (i) immediately under the name of the Bond(s) the headings "Interest Rate" and "Stated Maturity" shall both be completed "as shown below"; the first two paragraphs shall read as follows: Registered Owner: Principal The City of Corpus Christi, Texas (the City), a body corporate and municipal corporation in the Counties of Nueces, Aransas, Kleberg, and San Patricio, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, the Principal Amount specified above on the first day of March in each of the years and in principal amounts and bearing interest at per annum rates in accordance with the following schedule: Years of Principal Interest Stated Maturity Amounts M Rates (Information to be inserted from schedule in Section 2 hereof). 95197686.2 -16- -274— (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid Principal Amount hereof from the Dated Date, or from the most recent interest payment date to which interest has been paid or duly provided for until the Principal Amount has become due and payment thereof has been made or duly provided for, at the per annum rates of interest specified above computed on the basis of a 360 -day year of twelve 30 -day months; such interest being payable on March 1 and September 1 of each year, commencing 1, 20—. Principal of this Bond shall be payable to the Registered Owner hereof (the Holder), upon its presentation and surrender, at the corporate trust office of BOKF, NA dba Bank of Texas, Austin, Texas (the Paying Agent/Registrar). Interest shall be payable to the Holder of this Bond whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the fifteenth day of the month next preceding each interest payment date. All, payments of principal of and interest on this Bond shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on or prior to the appropriate date of payment by United States mail, first-class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder hereof. G. Insurance Legend. If bond insurance is obtained by the City or the Purchasers for the Bonds, the Definitive Bonds and the Initial Bonds shall bear an appropriate legend as provided by the insurer. SECTION 9: Definitions. For all purposes of this Ordinance (as defined below), except as otherwise expressly provided or unless the context otherwise requires: (i) the terms defined in this Section have the meanings assigned to them in this Section, and certain terms used in Sections 19 and 36 of this Ordinance have the meanings assigned to them in such Sections, and all such terms include the plural as well as the singular; (ii) all references in this Ordinance to designated "Sections" and other subdivisions are to the designated Sections and other subdivisions of this Ordinance as originally adopted; and (iii) the words "herein", "hereof', and "hereunder" and other words of similar import refer to this Ordinance as a whole and not to any particular Section or other subdivision. A. The term Authorized Officials shall mean the Mayor, City Manager, Assistant City Manager for General Government and Operations Support, and/or the City Secretary. B. The term Bond Fund shall mean the special Fund created and established by the provisions of Section 10 of this Ordinance. C. The term Bonds shall mean the $ "CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT BONDS, SERIES 2011" authorized by this Ordinance. D. The term Closing Date shall mean the date of physical delivery of the Initial Bonds in exchange for the payment in full by the Purchasers. 95197686.2 -17- -275— E. The term City shall mean City of Corpus Christi, located in the Counties of Nueces, Aransas, Kleberg, and San Patricio, Texas and, where appropriate, the City Council of the City. F. The term Debt Service Requirements shall mean, as of any particular date of computation, with respect to any obligations and with respect to any period, the aggregate of the amounts to be paid or set aside by the City as of such date or in such period for the payment of the principal of, premium, if any, and interest (to the extent not capitalized) on such obligations; assuming, in the case of obligations without a fixed numerical rate, that such obligations bear interest at the maximum rate permitted by the terms thereof and further assuming in the case of obligations required to be redeemed or prepaid as to principal prior to Stated Maturity, the principal amounts thereof will be redeemed prior to Stated Maturity in accordance with the mandatory redemption provisions applicable thereto. G. The tern Depository shall mean an official depository bank of the City. H. The term Government Securities, as used herein, shall mean (i) direct noncallable obligations of the United States, including obligations that are unconditionally guaranteed by, the United States of America; (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent; or (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent. I. The term Holder or Holders shall mean the registered owner, whose name appears in the Security Register, for any Bond. J. The term Interest Payment Date shall mean the date interest is payable on the Bonds, being March 1 and September 1 of each year, commencing March 1, 2012, while any of the Bonds remain Outstanding. K. The term Ordinance shall mean this ordinance adopted by the City Council of the City on September 27, 2011. L. The term Outstanding when used in this Ordinance with respect to Bonds shall mean, as of the date of determination, all Bonds issued and delivered under this Ordinance, except: (1) those Bonds canceled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; (2) those Bonds for which payment has been duly provided by the City in accordance with the provisions of Section 21 of this Ordinance; and 95197686.2 -18- -276- (3) those Bonds that have been mutilated, destroyed, lost, or stolen and replacement Bonds have been registered and delivered in lieu thereof as provided in Section 17 of this Ordinance. M. The term Purchasers shall mean the initial purchasers of the Bonds named in Section 18 of this Ordinance. N. The tern Stated Maturity shall mean the annual principal payments of the Bonds payable on March 1 of each year, as set forth in Section 2 of this Ordinance. SECTION 10: Bond Fund — Investments. For the purpose of paying the interest on and to provide a sinking fund for the payment, redemption and retirement of the Bonds, there shall be and is hereby created a special Fund to be designated "GENERAL IMPROVEMENT BONDS, SERIES 2011 INTEREST AND SINKING FUND" (the Bond Fund), which Fund shall be kept and maintained at the Depository, and money deposited in such Fund shall be used for no other purpose and shall be maintained as provided in Section 19. Authorized Officials of the City are hereby authorized and directed to make withdrawals from the Bond Fund sufficient to pay the purchase price or the amount of principal of, premium, if any, and interest on the Bonds as the same become due and payable and shall cause to be transferred to the Paying Agent/Registrar from money on deposit in the Bond Fund an amount sufficient to pay the amount of principal and/or interest stated to mature on the Bonds, such transfer of funds to the Paying Agent/Registrar to be made in such manner as will cause immediately available funds to be deposited with the Paying Agent/Registrar on or before the business day next preceding each interest and principal payment date for the Bonds. Pending the transfer of funds to the Paying Agent/Registrar, money in any Fund created and established by this Ordinance, at the option of the City, may be placed in time deposits, certificates of deposit, guaranteed investment contracts, or similar contractual agreements, as permitted by the provisions of the Public Funds Investment Act, as amended, Chapter 2256, Texas Government Code, secured (to the extent not insured by the Federal Deposit Insurance Corporation) by obligations of the type hereinafter described, or be invested, as authorized by any law, including investments held in book -entry form, in securities including, but not limited to, direct obligations of the United States of America, obligations guaranteed or insured by the United States of America, which, in the opinion of the Attorney General of the United States, are backed by its full faith and credit or represent its general obligations, or invested in indirect obligations of the United States of America, including, but not limited to, evidences of indebtedness issued, insured or guaranteed by such governmental agencies as the Federal Land Banks, Federal Intermediate Credit Banks, Banks for Cooperatives, Federal Home Loan Banks, Government National Mortgage Association, Farmers Home Administration, Federal Home Loan Mortgage Association, Small Business Administration, or Federal Housing Association; provided that all such deposits and investments shall be made in such a manner that the money required to be expended from such Fund will be available at the proper time or times. All interest and income derived from deposits and investments in such Fund shall be credited to, and any losses debited to, such Fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the Bonds. 95197686.2 -19- -277- SECTION 11: Tax Levv. To provide for the payment of the Debt Service Requirements on the Bonds being (i) the interest on the Bonds and (ii) a sinking fund for their redemption at Stated Maturity or a sinking fund of 2% (whichever amount shall be the greater), there shall be and there is hereby levied for the current year and each succeeding year thereafter while the Bonds or any interest thereon shall remain Outstanding, a sufficient tax, within the limitations prescribed by law, on each one hundred dollars' valuation of taxable property in the City, adequate to pay such Debt Service Requirements, full allowance being made for delinquencies and costs of collection; said tax shall be assessed and collected each year and applied to the payment of the Debt Service Requirements, and the same shall not be diverted to any other purpose. The taxes so levied and collected shall be paid into the Bond Fund and are thereafter pledged to the payment of the Bonds. The City Council hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient to pay such Debt Service Requirements, it having been determined that the existing and available taxing authority of the City for such purpose is adequate to permit a legally sufficient tax in consideration of all other outstanding indebtedness and other obligations of the City. SECTION 12: Deposits to Bond Fund — Surplus Bond Proceeds. The City hereby covenants and agrees to cause to be deposited in the Bond Fund prior to a principal and interest payment date for the Bonds, from the annual levy of an ad valorem tax or from other lawfully available funds, amounts sufficient to fully pay and discharge promptly each installment of interest and principal of the Bonds as the same accrues or matures or comes due by reason of Stated Maturity. Accrued interest received from the Purchasers shall be deposited to the Bond Fund. In addition, any surplus proceeds from the sale of the Bonds, including investment income thereon, not expended for authorized purposes shall be deposited in the Bond Fund, and such amounts so deposited shall reduce the sums otherwise required to be deposited in said Fund from ad valorem taxes. SECTION 13: Security of Funds. All money on deposit in the Funds for which this Ordinance makes provision (except any portion thereof as may be at any time properly invested as provided herein) shall be secured in the manner and to the fullest extent required by the laws of the State of Texas for the security of public funds, and money on deposit in such Funds shall be used only for the purposes permitted by this Ordinance. SECTION 14: Remedies in Event of Default. In addition to all the rights and remedies provided by the laws of the State of Texas, the City covenants and agrees particularly that in the event the City (a) defaults in the payments to be made to the Bond Fund or (b) defaults in the observance or performance of any other of the covenants, conditions, or obligations set forth in this Ordinance, the Holders of any of the Bonds shall be entitled to seek a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the governing body of the City and other officers of the City to observe and perform any covenant, condition, or obligation prescribed in this Ordinance. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein, and every such right and power may be exercised from time to time and as 95197686.2 -20- -278- often as may be deemed expedient. The specific remedies herein provided shall be cumulative of all other existing remedies and the specification of such remedies shall not be deemed to be exclusive. SECTION 15: Notices to Holders — Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States mail, first-class postage prepaid, to the address of each Holder as it appears in the Security Register. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Holders. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 16: Cancellation. All Bonds surrendered for payment, redemption, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly canceled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already canceled, shall be promptly canceled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Bonds previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Bonds so delivered shall be promptly canceled by the Paying Agent/Registrar. All canceled Bonds held by the Paying Agent/Registrar shall be destroyed as directed by the City. SECTION 17: Mutilated, Destroyed. Lost. and Stolen Bonds. If (1) any mutilated Bond is surrendered to the Paying Agent/Registrar, or the City and the Paying Agent/Registrar receive evidence to their satisfaction of the destruction, loss, or theft of any Bond, and (2) there is delivered to the City and the Paying Agent/Registrar such security or indemnity as may be required to save each of them harmless, then, in the absence of notice to the City or the Paying Agent/Registrar that such Bond has been acquired by a bona fide purchaser, the City shall execute and, upon its request, the Paying Agent/Registrar shall register and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Bond, a new Bond of the same Stated Maturity and interest rate and of like tenor and principal amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost, or stolen Bond has become or is about to become due and payable, the City in its discretion may, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond or payment in lieu thereof, under this Section, the City may require payment by the Holder of a sum sufficient to cover any tax or other governmental charge imposed in relation thereto and any other expenses and charges (including attorney's fees and the fees and expenses of the Paying Agent/Registrar) connected therewith. 95197686.2 -21- -279- Every new Bond issued pursuant to this Section in lieu of any mutilated, destroyed, lost, or stolen Bond shall constitute a replacement of the prior obligation of the City, whether or not the mutilated, destroyed, lost, or stolen Bond shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Bonds. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost, or stolen Bonds. SECTION 18: Sale of Bonds- Official Statement Approval — Approval of Purchase Contract. The Bonds authorized by this Ordinance are hereby sold by the City to Texas, as the authorized representative of a group of underwriters (the Purchasers, and having all the rights, benefits, and obligations of a Holder) in accordance with the provisions of a Purchase Contract dated 2011 (the Purchase Contract) attached hereto as Exhibit B and incorporated herein by reference as a part of this Ordinance for all purposes. The Initial Bond shall be registered in the name of The pricing and terms of the sale of the Bonds are hereby found and determined to be the most advantageous reasonably obtainable by the City. Any Authorized Representative is hereby authorized and directed to execute the Purchase Contract for and on behalf of the City and as the act and deed of the City Council, and in regard to the approval and execution of the Purchase Contract, the City Council hereby finds, determines and declares that the representations, warranties, and agreements of the City contained in the Purchase Contract are true and correct in all material respects and shall be honored by the City. Delivery of the Bonds to the Purchasers shall occur as soon as practicable after the adoption of this Ordinance, upon payment therefor in accordance with the terms of the Purchase Contract. Furthermore, the Issuer hereby ratifies, confirms, and approves in all respects (i) the Issuer's prior determination that the Preliminary Official Statement was, as of its date, "deemed final" in accordance with the Rule (hereinafter defined) and (ii) the use and distribution of the Preliminary Official Statement by the Purchasers in connection with the public offering and sale of the Bonds. The final Official Statement, being a modification and amendment of the Preliminary Official Statement to reflect the terms of sale (together with such changes approved by an Authorized Representative), shall be and is hereby in all respects approved and the Purchasers are hereby authorized to use and distribute the final Official Statement, dated 2011, in the reoffering, sale and delivery of the Bonds to the public. The Mayor and/or City Secretary are further authorized and directed to manually execute and deliver for and on behalf of the Issuer copies of the Official Statement in final form as may be required by the Purchasers, and such final Official Statement in the form and content manually executed by said officials shall be deemed to be approved by the City Council and constitute the Official Statement authorized for distribution and use by the Purchasers. Proceeds from the sale of the Bonds shall be applied as follows: (1) Accrued interest (in the amount of $ ), received from the Purchasers shall be deposited into the Bond Fund. The City received a net premium from the sale of the Bonds of $ which is hereby allocated by the City in the 95197686.2 -22- following manner: (1) $ to pay the Purchasers' compensation, (2) $ to pay the costs of issuance, (3) $ is allocated toward the City's voted authority, and (4) $ shall be deposited into the Bond Fund as the contingency amount. (2) The amount of $ balance of the proceeds (including a portion of the premium in the and principal in the amount of $ , totalling derived from the sale of the Bonds (after paying costs of issuance) shall be deposited into the special construction account or accounts created for the projects to be constructed with the proceeds of the Bonds. This special construction account shall be established and maintained at the Depository and shall be invested in accordance with the provisions of Section 10 of this Ordinance. Interest earned on the proceeds of the Bonds pending completion of construction of the projects financed with such proceeds shall be accounted for, maintained, deposited, and expended as permitted by the provisions of Chapter 1201, as amended, Texas Government Code, or as required by any other applicable law. Thereafter, such amounts shall be expended in accordance with Section 12 of this Ordinance. SECTION 19: Covenants to Maintain Tax -Exempt Status. A. Definitions. When used in this Section, the following terns have the following meanings: Code means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. Computation Date has the meaning set forth in Section 1.148-1(b) of the Regulations. Gross Proceeds means any proceeds as defined in Section 1.148-1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148-1(c) of the Regulations, of the Bonds. Investment has the meaning set forth in Section 1.148-1(b) of the Regulations. Nonpurpose Investment means any investment property, as defined in section 148(b) of the Code, in which Gross Proceeds of the Bonds are invested and which is not acquired to carry out the governmental purposes of the Bonds. Rebate Amount has the meaning set forth in Section 1.148-1(b) of the Regulations. Regulations means any proposed, temporary, or final Income Tax Regulations issued pursuant to Sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Bonds. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. 95197686.2 -23- -281- Yield of (1) any Investment has the meaning set forth in Section 1.148-5 of the Regulations; and (2) the Bonds means the yield on the Bonds, calculated pursuant to Section 1.148-4 of the Regulations. B. Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Bond to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Bond, the City shall comply with each of the specific covenants in this Section. C. No Private Use or Private Payments. Except to the extent that it will not cause the Bonds to become "private activity bonds" within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Bonds: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Bonds, and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Bonds or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. D. No Private Loan. Except to the extent that it will not cause the Bonds to become "private activity bonds" within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Bonds to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be `loaned" to a person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; 95197686,2 -24- -282— (2) capacity in or service from such property is committed to such person or entity under a take -or -pay, output or similar contract or arrangement; or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. E. Not to Invest at Higher Yield. Except to the extent that it will not cause the Bonds to become "arbitrage bonds" within the meaning of section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Bonds directly or indirectly invest Gross Proceeds in any Investment, if as a result of such investment the Yield of any Investment acquired with Gross Proceeds, whether then held or previously disposed of, materially exceeds the Yield of the Bonds. F. Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Bonds to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. G. Information Report. The City shall timely file the information required by section 149(e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and in such place as the Secretary may prescribe. H. Rebate of Arbitrage Profits. Except to the extent otherwise provided in section 148(f) of the Code and the Regulations and rulings thereunder: (1) The City shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Bond is discharged. However, to the extent permitted by law, the City may commingle Gross Proceeds of the Bonds with other money of the City, provided that the City separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. (2) Not less frequently than each Computation Date, the City shall calculate the Rebate Amount in accordance with rules set forth in section 148(f) of the Code and the Regulations and rulings thereunder. The City shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Bonds until six years after the final Computation Date. (3) As additional consideration for the purchase of the Bonds by the Purchasers and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall pay to the United States out of the Bond Fund or its general fund, as permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the amount that when added to the future value of previous rebate payments made for the 95197686.2 -25- -283- Bonds equals (i) in the case of a Final Computation Date as defined in Section 1.148-3(e)(2) of the Regulations, one hundred percent (100%) of the Rebate Amount on such date; and (ii) in the case of any other Computation Date, ninety percent (90%) of the Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038-T or such other forms and information as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder. (4) The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and (3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error), including payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1.148-3(h) of the Regulations. I. Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Bonds, enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection H of this Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the Yield of the Bonds not been relevant to either parry. Bonds Not Hedge Bonds. (1) The City reasonably expects to spend at least 85% of the spendable proceeds of the Bonds within three years after such Certificates are issued. (2) Not more than 50% of the proceeds of the Bonds will be invested in Nonpurpose Investments having a substantially guaranteed Yield for a period of 4 years or more. K. Elections. The City hereby directs and authorizes the Mayor, City Manager, Assistant City Manager for General Government and Operations Support, City Secretary, or City Attorney, either or any combination of the foregoing, to make such elections in the Certificate as to Tax Exemption or similar or other appropriate certificate, form, or document permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Bonds. Such elections shall be deemed to be made on the Closing Date. SECTION 20: Control and Custom of Bonds. The Mayor shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas and shall take and have charge and control of the Bonds pending their approval by the Attorney General, the registration thereof by the Comptroller of Public Accounts and the delivery of the Bonds to the Purchasers. 95197686.2 - 26 - Furthermore, the Mayor, Mayor Pro Tem, City Manager, Assistant City Manager for General Government and Operations Support, City Secretary, or City Attorney, either or all, are hereby authorized and directed to furnish and execute such documents relating to the City and its financial affairs as may be necessary for the issuance of the Bonds, the approval of the Attorney General of the State of Texas and their registration by the Comptroller of Public Accounts of the State of Texas and, together with the City's financial advisors, Bond Counsel, and the Paying Agent/Registrar, make the necessary arrangements for the delivery of the Initial Bonds to the Purchasers and, when requested in writing by the Purchasers, the initial exchange thereof for definitive Bonds. SECTION 21: Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Bonds, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. Bonds, or any principal amount(s) thereof, shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Bonds or the principal amount(s) thereof at Stated Maturity, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any money deposited therewith, if any, to pay when due the principal of and interest on such Bonds, or the principal amount(s) thereof, at the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/Registrar have been made) the redemption date thereof. The City covenants that no deposit of money or Government Securities will be made under this Section and no use made of any such deposit which would cause the Bonds to be treated as arbitrage bonds within the meaning of section 148 of the Code (as defined in Section 19 hereof). Any money so deposited with the Paying Agent/Registrar, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Bonds, or any principal amount(s) thereof, or interest thereon with respect to which such money has been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Bonds and remaining unclaimed for a period of three (3) years after the Stated Maturity or applicable redemption date of the Bonds such money was deposited and is held in trust to pay shall upon the request of the City be remitted to the City against a written receipt therefor, subject to the unclaimed property laws of the State of Texas. Notwithstanding any other provision of this Ordinance to the contrary, it is hereby provided that any determination not to redeem defeased Bonds that is made in conjunction with the payment arrangements specified in subsection (i) or (ii) above shall not be irrevocable, 95197686.2 -27- -285- provided that: (1) in the proceedings providing for such defeasance, the City expressly reserves the right to call the defeased Bonds for redemption; (2) gives notice of the reservation of that right to the owners of the defeased Bonds immediately following the defeasance; (3) directs that notice of the reservation be included in any redemption notices that it authorizes; and (4) at the time of the redemption, satisfies the conditions of (i) or (ii) above with respect to such defeased debt as though it was being defeased at the time of the exercise of the option to redeem the defeased Bonds, after taking the redemption into account in determining the sufficiency of the provisions made for the payment of the defeased Bonds. SECTION 22: Printed Opinion. The Purchasers' obligation to accept delivery of the Bonds is subject to its being furnished a final opinion of Fulbright & Jaworski L.L.P., as Bond Counsel, approving certain legal matters as to the Bonds, said opinion to be dated and delivered as of the date of initial delivery and payment for such Bonds. Printing of a true and correct copy of said opinion on the reverse side of each of the Bonds, with appropriate certificate pertaining thereto executed by facsimile signature of the City Secretary of the City is hereby approved and authorized. SECTION 23: CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Bonds. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Bonds shall be of no significance or effect as regards the legality thereof, and neither the City nor attorneys approving said Bonds as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Bonds. SECTION 24: Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 25: Ordinance a Contract —Amendments - Outstanding Bonds. The City acknowledges that the covenants and obligations of the City herein contained are a material inducement to the purchase of the Bonds. This Ordinance shall constitute a contract with the Holders from time to time, shall be binding on the City and its successors and assigns, and shall not be amended or repealed by the City so long as any Bond remains Outstanding except as permitted in this Section. The City may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the written consent of Holders holding a majority in aggregate principal amount of the Bonds then Outstanding affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided; however, that, without the consent of all Holders of Outstanding Bonds, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the principal of and interest on the Bonds, reduce the principal amount thereof, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of, the redemption price therefor, or interest on the Bonds, (2) give any preference to any Bond over any other Bond, or (3) reduce the aggregate principal amount of Bonds required for consent to any such amendment, addition, or rescission. SECTION 26: Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, Bond Counsel, Paying Agent/Registrar, and the Holders, any right, remedy, or claim, legal or equitable, under or 95197686.2 - 28 - OW -1-M by reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being intended to be and being for the sole and exclusive benefit of the City, Bond Counsel, the Paying Agent/Registrar, and the Holders. SECTION 27: Inconsistent Provisions. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters ordained herein. SECTION 28: Construction of Terns. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 29: Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 30: Severability. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 31: Incorporation of Preamble Recitals. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the City Council. SECTION 32: Authorization of Paving Agent/Registrar Agreement. The City Council of the City hereby finds and determines that it is in the best interest of the City to authorize the execution of a Paying Agent/Registrar Agreement concerning the payment, exchange, and transferability of the Bonds. A copy of the Paying Agent/Registrar Agreement is attached hereto, in substantially final form, as Exhibit A and is incorporated by reference to the provisions of this Ordinance. SECTION 33: Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 34: Unavailability of Authorized Publication. If, because of the temporary or permanent suspension of any newspaper, journal, or other publication, or, for any reason, publication of notice cannot be made meeting any requirements herein established, any notice required to be published by the provisions of this Ordinance shall be given in such other manner and at such time or times as in the judgment of the City or of the Paying Agent/Registrar shall most effectively approximate such required publication and the giving of such notice in such manner shall for all purposes of this Ordinance be deemed to be in compliance with the requirements for publication thereof. 95197686.2 -29- -287- SECTION 35: No Recourse Against City Officials. No recourse shall be had for the payment of principal of, premium, if any, or interest on any Bond or for any claim based thereon or on this Ordinance against any official of the City or any person executing any Bond. SECTION 36: Continuing Disclosure of Information. A. Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: EMMA means the MSRB's Electronic Municipal Market Access system, accessible by the general public, without charge, on the internet through the uniform resource locator (URL) http://www.emma.msrb.org. MSRB means the Municipal Securities Rulemaking City. Rude means SEC Rule 15c2-12, as amended from time to time. SEC means the United States Securities and Exchange Commission. B. Annual Reports. The City shall file annually with the MSRB, within six months after the end of each Fiscal Year ending in or after 2011, financial information and operating data with respect to the City of the general type included in the final Official Statement authorized by Section 18 of this Ordinance being the information described in Exhibit F hereto. All such information must be filed with MSRB pursuant to its Electronic Municipal Access (EMMA) System. Any financial statements so to be provided shall be (i) prepared in accordance with the accounting principles described in Exhibit D hereto, or such other accounting principles as the City may be required to employ from time to time pursuant to state law or regulation and (ii) audited, if the City commissions an audit of such statements and the audit is completed within the period during which they must be provided. If the audit of such financial statements is not complete within such period, then the City shall file unaudited statements within such period and audited financial statements for the applicable Fiscal Year with the MSRB, when and if the audit report on such statements becomes available. If the City changes its Fiscal Year, it will file notice thereof with the MSRB of the change (and of the date of the new Fiscal Year end) prior to the next date by which the City, otherwise would be required to provide financial information and operating data pursuant to this Section. C. Notice of Certain Events. The City shall file notice of any of the following events with respect to the Bonds, to the MSRB in a timely manner and not more than 10 business days after occurrence of the event: 95(97686.2 (1) principal and interest payment delinquencies; (2) non-payment related defaults, if material; -30- (3) unscheduled draws on debt service reserves reflecting financial difficulties; (4) unscheduled draws on credit enhancements reflecting financial difficulties; (5) substitution of credit or liquidity providers, or their failure to perform; (6) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability,. Notices of Proposed Issue (IRS Form 5701-TEB), or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; (7) modifications to rights of holders of the Bonds, if material; (8) Bond calls, if material, and tender offers; (9) defeasances; (10) release, substitution, or sale of property securing repayment of the Bonds, if material; (11) rating changes; (12) bankruptcy, insolvency, receivership, or similar event of the City, which shall occur as described below; (13) the consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of its assets, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (14) appointment of a successor or additional Paying Agent/Registrar or the change of name of a Paying Agent/Registrar, if material. For these purposes, any event described in the immediately preceding paragraph (12) is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, or similar officer for the City in a proceeding under the United States Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the City, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the City. 95197686.2 -31- The City shall file notice with the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with this Section by the time required by this Section. D. Limitations. Disclaimers. and Amendments. The City shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the City remains an "obligated person" with respect to the Bonds within the meaning of the Rule, except that the City in any event will give notice of any deposit made in accordance with the laws of the State of Texas that causes the Bonds to be no longer Outstanding. The provisions of this Section are for the sole benefit of the holders and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITH OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default by the City in observing or performing its obligations under this Section shall constitute a breach of or default under the Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. The provisions of this Section may be amended by the City from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2) either (a) the Holders of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the Outstanding Bonds consent to such amendment or (b) a person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such 95197686.2 -32- -290- amendment will not materially impair the interests of the Holders and beneficial owners of the Bonds. The City may also repeal or amend the provisions of this Section if the SEC amends or repeals the applicable provisions of the Rule or any court of final jurisdiction enters judgment that such provisions of the Rule are invalid, and the City also may amend the provisions of this Section in its discretion in any other manner or circumstance, but in either case only if and to the extent that the provisions of this sentence would not have prevented an underwriter from lawfully purchasing or selling Bonds in the primary offering of the Bonds, giving effect to (a) such provisions as so amended and (b) any amendments or interpretations of the Rule. If the City so amends the provisions of this Section, the City shall include with any amended financial information or operating data next provided in accordance with this Section an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. E. Information Format — Incorporation by Reference. The information required under this Section shall be filed with the MSRB through EMMA in such format and accompanied by such identifying information as may be specified from time to time thereby. Under the current rules of the MSRB, continuing disclosure documents submitted to EMMA must be in word -searchable portable document format (PDF) files that permit the document to be saved, viewed, printed, and retransmitted by electronic means and the series of obligations to which such continuing disclosure documents relate must be identified by CUSIP number or numbers. Financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document) available to the public through EMMA or filed with the United States Securities and Exchange Commission. SECTION 37: Book -Entry nly System. It is intended that the Bonds will be registered so as to participate in a securities depository system (the DTC System) with the Depository Trust Company, New York, New York, or any successor entity thereto (DTC), as set forth herein. Each Stated Maturity of the Bonds shall be issued (following cancellation of the Initial Bonds described in Section 7) in the form of a separate single definitive Bond. Upon issuance, the ownership of each such Bond shall be registered in the name of Cede & Co., as the nominee of DTC, and all of the Outstanding Bonds shall be registered in the name of Cede & Co., as the nominee of DTC. The City and the Paying Agent/Registrar are authorized to execute, deliver, and take the actions set forth in such letters to or agreements with DTC as shall be necessary to effectuate the DTC System, including the Letter of Representations attached hereto as Exhibit C (the Representation Letter). With respect to the Bonds registered in the name of Cede & Co., as nominee of DTC, the City and the Paying Agent/Registrar shall have no responsibility or obligation to any broker-dealer, bank, or other financial institution for which DTC holds the Bonds from time to time as securities depository (a Depository Participant) or to any person on behalf of whom such a Depository Participant holds an interest in the Bonds (an Indirect Participant). Without limiting the immediately preceding sentence, the City and the Paying Agent/Registrar shall have 95197686.2 -33- -291- no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co., or any Depository Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Depository Participant or any other person, other than a registered owner of the Bonds, as shown on the Security Register, of any notice with respect to the Bonds, including any notice of redemption, or (iii) the delivery to any Depository Participant or any Indirect Participant or any other Person, other than a Holder of a Bond, of any amount with respect to principal of, premium, if any, or interest on the Bonds. While in the DTC System, no person other than Cede & Co., or any successor thereto, as nominee for DTC, shall receive a Bond evidencing the obligation of the City to make payments of principal, premium, if any, and interest pursuant to this Ordinance. Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this Ordinance with respect to interest checks or drafts being mailed to the Holder, the word "Cede & Co." in this Ordinance shall refer to such new nominee of DTC. In the event that (a) the City determines that DTC is incapable of discharging its responsibilities described herein and in the Representation Letter, (b) the Representation Letter shall be terminated for any reason, or (c) DTC or the City determines that it is in the best interest of the beneficial owners of the Bonds that they be able to obtain certificated Bonds, the City shall notify the Paying Agent/Registrar, DTC, and the Depository Participants of the availability within a reasonable period of time through DTC of bond certificates, and the Bonds shall no longer be restricted to being registered in the name of Cede & Co., as nominee of DTC. At that time, the City may determine that the Bonds shall be registered in the name of and deposited with a successor depository operating a securities depository system, as may be acceptable to the City, or such depository's agent or designee, and if the City and the Paying Agent/Registrar do not select such alternate securities depository system then the Bonds may be registered in whatever name or names the Holders of Bonds transferring or exchanging the Bonds shall designate, in accordance with the provisions hereof. Notwithstanding any other provision of this Ordinance to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, in the manner provided in the Representation Letter. SECTION 38: Further Procedures. The officers and employees of the City are hereby authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and under the corporate seal and on behalf of the City all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance, the initial sale and delivery of the Bonds, the Paying Agent/Registrar Agreement, the Purchase Contract, and the Official Statement. In addition, prior to the initial delivery of the Bonds, the Mayor, City Manager, Assistant City Manager for General Government and Operations Support, or the City Secretary, and Bond Counsel are hereby authorized and directed to approve any technical changes or corrections to this Ordinance or to any of the instruments authorized and approved by this Ordinance necessary in order to (i) correct any ambiguity or mistake or properly or more completely document the transactions contemplated and approved by this Ordinance and as described in the Official Statement, (ii) obtain a rating from any of the national bond rating 95197686.2 -34- -292- agencies, or (iii) obtain the approval of the Bonds by the Texas Attorney General's office. In case any officer of the City whose signature shall appear on any certificate shall cease to be such officer before the delivery of such certificate, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. SECTION 39: Effective Date. Pursuant to the provisions of Section 1201.028, as amended, Texas Government Code, this Ordinance shall be effective immediately upon adoption, notwithstanding any provision in the City's Home Rule Charter to the contrary concerning a multiple reading requirement for the adoption of ordinances. (The remainder of this page intentionally left blank] 95197686.2 -35- -293- PASSED, APPROVED AND ADOPTED on the 27th day of September, 2011. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) APPROVED THIS 27TH DAY OF SEPTEMBER, 2011: Carlos Valdez, City Attorney Schedule I—Approval Certificate Exhibit A - Paying Agent/Registrar Agreement Exhibit B — Purchase Contract Exhibit C — DTC Letter of Representations Exhibit D - Description of Annual Financial Information 95197686.2 S-1 —294— THE STATE OF TEXAS )( COUNTY OF NUECES )( I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 27th day of September, 2011, authorizing the issuance of the City's General Improvement Bonds, Series 2011, which ordinance is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the 27th day of September, 2011. City Secretary (CITY SEAL) 95197686.2 S-2 -295- SCB EDULE I APPROVAL CERTIFICATE SEE TAB NO. _ 95197686.2 Schedule I-1 -296- 95197686.2 EXHIBIT A PAYING AGENT/REGISTRAR AGREEMENT SEE TAB NO. _ A-1 -297- 95197686.2 PURCHASE CONTRACT SEE TAB NO. _ EE m 95197686.2 EX111BIT C DTC LETTER OF REPRESENTATIONS SEE TAB NO. C-1 -299- DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 36 of this Ordinance. Annual Financial Statements and Operating Data The financial information and operating data with respect to the City to be provided annually in accordance with such Section for each Year ending in and after 2011 are as specified (and included in the Appendix or under the headings of the Official Statement referred to) below: All quantitative financial information and operating data with respect to the City of the general type included in Appendix A to the Official Statement under the headings "DEBT PAYABLE FROM TAXES", "GENERAL REVENUES", "GENERAL EXPENSES", "AD VALOREM TAXES", "FIVE YEAR OPERATING STATEMENT FOR SOLID WASTE", "MUNICIPAL HOTEL OCCUPANCY TAXES", and "THE TAX INCREMENT FINANCING ACT", and in Appendix C. Accounting Principles The accounting principles referred to in such Section are the accounting principles described in the notes to the financial statements referred to above. 95197686.2 D -I —300— In In El 11 ma m Public notice is hereby given that a corporation meeting of the North Padre Island Development Corporation will be held on September 27, 2011 at 10:30 a.m., and a board meeting of the Tax Increment Reinvestment Zone (TIRZ) No. 2 Board will be held on September 27, 2011 at 11:00 a.m. 11:45 A.M. - Proclamation declaring the month of October 2011 as "National Domestic Violence Awareness Month" Proclamation declaring Sept. 30 — Oct. 1, 2011, as "1s`Annual Dr. Hector P. Garcia American GI Forum State Convention Days" Proclamation declaring October 2011 as "National Breast Cancer Awareness Month" and October 21, 2011 as "National Mammography Day" AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 SEPTEMBER 27, 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. If -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 as limitado, habra un interprete inglds-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 Pastor Kevin Jennings, Mt. Olive Lutheran 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 Priscilla Leal Council Members: Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick David Loeb John Marez Nelda Martinez Mark Scott City Manager Ronald L. Olson City Attorney Carlos Valdez City Secretary Armando Chapa Agenda Regular Council Meeting September 27, 2011 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: Approval of Regular Meeting of September 20, 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.) Motion approving a supply agreement with Commercial Chemical Products, Inc. of Houston, Texas for approximately 432,500 pounds of sodium bisulfate solution for use at the Wastewater Treatment Plants in accordance with Bid Invitation No. BI -0159-11, based on only bid for an estimated semi-annual expenditure of $147,050. The term of the supply agreement will be for six months with an option to extend for up to five additional six-month periods subject to the approval of the Agenda Regular Council Meeting September 27, 2011 Page 3 3. El 5. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) supplier and the City Manager or designee. Funds are available in the Wastewater Operations Budget in FY 2011-2012. (Attachment # 2) a. Ordinance appropriating $200,738 from anticipated revenues in the No. 1020 General Fund, changing the FY 2012 Operating Budget adopted by Ordinance No. 029155 by increasing revenues and expenditures by $200,738 each in the General Fund No. 1020 for additional meter equipment, computer rentals, and airtime for credit card machines, to accomplish the one-year rollout of the parking meter proposal. (Attachment # 3) b. Motion authorizing the purchase of parking meters from Duncan Solutions, Inc., of Carlsbad, California, for a total amount of $251,150, based on sole source award. Funds are available in the General Fund in FY 2011-2012. (Attachment # 3) a. Resolution authorizing the City Manager or designee to accept a grant of $73,276 from the Texas Department of State Health Services to provide for elimination and control of tuberculosis and to execute all related documents; and to ratify acceptance of the grant to begin as of September 1, 2011. (Attachment # 4) b. Ordinance appropriating a grant of $73,276 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide for the elimination and control of tuberculosis. (Attachment # 4) a. Resolution authorizing the City Manager or designee to accept a grant of $164,367.63 from the Texas Department of State Health Services to provide essential public health services and to execute all related documents; and ratify acceptance of the grant to begin as of September 1, 2011. (Attachment # 5) b. Ordinance appropriating a grant of $164,367.63 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide essential public health services. (Attachment # 5) Agenda Regular Council Meeting September 27, 2011 Page 4 R CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) a. Resolution authorizing the City Manager or designee to execute all documents necessary to accept a $275,007 grant awarded by the Corporation for National and Community Service for the Senior Companion Program. (Attachment # 6) b. Ordinance appropriating a $275,007 grant from the Corporation for National and Community Service in the No. 1067 Parks and Recreation grants fund for the Senior Companion Program. (Attachment # 6) 7. Motion authorizing the City Manager to execute an Agreement with Matrix Design Group, Inc., for Planning Services in an amount not to exceed $225,000; providing for a fixed fee of $200,910 for completion of the Joint Land Use Study and allowances for additional meetings or implementation of the Joint Land Use Study in an amount not to exceed $24,090 and provided that any allowance must first be approved by the City Manager or his designee. (Attachment # 7) 8. Motion authorizing the City Manager or designee to execute an agreement with Dusty Durrill for the donation and acceptance of the bronze sculpture "Wind Dancer" by the artist H.W. Tatum to be placed in Cole Park. (Attachment # 8) 9. Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with HDR Engineering, Inc., of Corpus Christi, Texas, in the amount of $97,250 for Downtown Streets - Chaparral (Street Signalization for Two - Way Conversion). (BOND 2008) (Attachment # 9) 10. Motion authorizing the City Manager or designee to execute Change Order No. 1 to the Construction Contract with Barcom Commercial, Inc. of Corpus Christi, Texas in an amount not to exceed $80,935.92 for a restated not to exceed fee of $5,605,935.92 for the Corpus Christi International Airport Rental Car Quick Turn Around Facility for additional concrete paving, electrical breakers, conduit circuits, electrical motor starters and pressure washers. (Attachment # 10) 11. Motion approving the application for street closure from the Texas Jazz Festival Society to temporarily close the following street sections for the Texas Jazz Festival; to take place Friday, October 21, 2011 through Sunday, October 23, 2011. (Attachment # 11) Agenda Regular Council Meeting September 27, 2011 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) a. The temporary street closure of Hughes Street between ChaparralandMesquite Street, beginning at 9:00 A.M, Friday, October 21, 2011 and ending at 11:00 P.M., Sunday, October 23, 2011. b. The temporary street closure of Fitzgerald Street between Chaparral and Mesquite Street, beginning at 9:00 A.M, Friday, October 21, 2011 and ending at 11:00 P.M., Sunday, October 23, 2011. c. The temporary street closure of Mesquite Street between Hughes and Fitzgerald Street, beginning at 9:00 A.M, Friday, October 21, 2011 and ending at 11:00 P.M., Sunday, October 23, 2011. 12. Motion approving the application for street closure from the Faith Based Services Coalition to temporarily close the following street sections for the Corpus Christi Police Decision House Fall Festival; to take place Friday, October 28, 2011 through Saturday, October 29, 2011. (Attachment # 12) a. The temporary street closure of John Sartain Street between Water Street and Chaparral Street, beginning at 10:00 A.M, Friday, October 28, 2011 and ending at 12:00 A.M. Sunday, October 30, 2011. b. The temporary street closure of North Chaparral Street between Coopers Alley and John Sartain Street, beginning at 10:00 A.M, Friday, October 28, 2011 and ending at 12:00 A.M. Sunday, October 30, 2011. 13. Motion approving a time extension of a Special Permit (SP) originally granted and approved on August 24, 2010, see Ordinance No. 028735, upon the request of Proportional Prosperity, LLC, with regard to 2.12 acres of Las Colonias Unit 4, Block 1, Lots 25, 26, 27 located at 1302 Saratoga Boulevard on the northeast corner of Saratoga Boulevard and Calle Las Colonies Drive, for the continued use of the property as a warehouse with outdoor storage. (Attachment # 13) 14. Second Reading Ordinance - Appropriating $6,061.55 in payments from Satterfield and Pontikes Construction, Inc. in Fund No. 3530 for the Flour Bluff Drive Phase 1 Improvements Project for reimbursement of work performed for Wal-Mart; changing the FY2012 Capital Improvement Budget adopted by Agenda Regular Council Meeting September 27, 2011 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Ordinance No. 029135 to increase revenues and expenditures by $6,061.55 each. (First Reading 09/20/11) (Attachment # 14) 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. Executive session pursuant to Texas Government Code Section 551.071 regarding Cause No. 2011 CCV1933-2 styled Mike Hummell and David Barabino, Plaintiffs v. City of Corpus Christi, Defendant in the County Court at Law No. 2, Nueces County, Texas, with possible discussion and action in open session. J. PUBLIC HEARINGS: 15. Public Hearing and Second Reading Ordinance - Abandoning and vacating a portion of a 20 -foot wide undeveloped, dedicated public right-of-way out of Lot 7, Section 19, Bohemian Colony Lands, said public right of way located between the Yorktown Boulevard public rights of way and Oso Creek, and south of the Schanen Ditch drainage right of way; subject to compliance with the specified conditions. (First Reading — 09/20/11) (Attachment # 15) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 16. a. Ordinance approving an amendment to the revised Project and Financing Plans for the Reinvestment Zone Number Two, City of Corpus Christi; approving the grant of authority to the Zone's General Manager to decide whether the expenditure of the Zone's funds should be handled by the City of Corpus Christi or North Padre Island Development Corporation; authorizing the City Manager to expend less than $50,000 on repairs to public infrastructure and Agenda Regular Council Meeting September 27, 2011 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) equipment in the Packery Channel project area with funds from the Zone's Maintenance Reserve; providing for publication. (Attachment # 16) b. Ordinance approving the appropriation and transfer of money from the No. 1111 Reinvestment Zone No. 2 Fund to the No. 3278 Packery Channel Projects TIF #2 Fund for Packery Channel projects; making conforming changes to the Three Year Revenue and Expenditure Projection for Reinvestment Zone No. 2 Fund in the FY 2011-2012 Budget. (Attachment # 16) c. Ordinance changing the Three Year Revenue and Expenditure Projection for Reinvestment Zone No. 2 Fund in the FY 2011-2012 Budget; authorizing the City Manager to expend funds from the Maintenance Reserve for necessary repairs within the Packery Channel project area. (Attachment # 16) d. Motion authorizing the City Manager or designee to execute a construction contract with Apollo Environmental Strategies of Beaumont, Texas in the amount of $1,757,655 for the Packery Channel Dredging and Beach Nourishment for the Base Bid plus Additive Alternate No. 1. (Attachment # 16) e. Motion authorizing the City Manager or designee to execute Amendment No. 6 to the contract between the City and Texas A&M University — Corpus Christi (Division of Nearshore Research) in the amount of $293,400 for a restated fee not to exceed amount of $1,233,639 for Packery Channel Quarterly Monitoring for 2011-2012. (Attachment # 16) 17. Motion authorizing the City Manager, or designee, to execute a construction contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $2,720,346.50 for the Buddy Lawrence Drive from 11-137 to Antelope Street. (BOND 2008) (Attachment # 17) 18. Motion authorizing the City Manager or designee to execute a construction contract with Texas Sterling Construction Company of Houston, Texas in the amount of $6,318,966.32 for the Airline Road from Saratoga to Rodd Field for the Base Bid 2 (Full Phased Closure —Concrete). (BOND 2008) (Attachment # 18) Agenda Regular Council Meeting September 27, 2011 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summery) 19. Motion authorizing the City Manager, or designee, to execute a construction contract award with to Ti -Zack Concrete; Inc. of LeCenter, Minnesota for the Base Bid only in an amount not to exceed $1,272,812.50 for the ADA Improvements Group 2 Project. (BOND 2008) (Attachment # 19) 20. a. Ordinance appropriating $3,250,000 from the Federal Aviation Administration Grant No. 3-48-0051-048-2011 in the No. 3020 Airport Capital Improvement Fund to Upgrade Security Systems with Associated Electrical Systems at the Corpus Christi International Airport; amending the FY 2012 Capital Budget adopted by Ordinance No. 029135 to increase revenues and expenditures by $3,250,000 each. (Attachment # 20) b. Motion authorizing the City Manager, or designee, to execute a Construction Contract with B. E. Beecroft Construction, Inc. of Corpus Christi, Texas in an amount not to exceed $2,493,665.79 for the Corpus Christi International Communications Center, Perimeter Security, Standby Generator and Commercial Aviation Apron Lighting Upgrades. (Attachment # 20) 21. Resolution authorizing the City Manager or designee to execute Memorandum of Agreement Number AJW-FN-CSA-11-250 in the amount of $194,386.77 between the Federal Aviation Administration and the City of Corpus Christi, Texas for technical services associated with Runway Safety Project at Corpus Christi International Airport. (Attachment # 21) 22. Resolution requesting the appointment of new directors to the Lower Nueces River Water Supply District. (Attachment # 22) 23. a. Motion authorizing the appointment of M. E. Allison & Co., Inc. as Financial Advisor for the City of Corpus Christi, Texas General Improvement Bonds, Series 2011. (Attachment # 23) b. Ordinance authorizing the issuance of "City of Corpus Christi, Texas General Improvement Bonds, Series 2011" in an amount not to exceed $49,300,000, levying an annual ad valorem tax, within the limitation prescribed by law, for the payment of the bonds; prescribing the form, terms, Agenda Regular Council Meeting September 27, 2011 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) conditions, and resolving other matters incident and related to the issuance, sale; and delivery of the Bonds; including the approval and distribution of an Official Statement pertaining thereto; authorizing the execution of a Paying Agent/Registrar Agreement and a Purchase Contract; complying with the requirements imposed by the Letter of Representations previously executed with the Depository Trust Company; delegating the authority to the Mayor and certain members of the City Staff to execute certain documents relating to the sale of the Bonds; and providing an effective date. (Attachment # 23) 24. Ordinance appropriating $763,000 from the estimated program income revenue in the No. 1066 Health Grants Fund as State fiscal year 2011-2012 to fund laboratory and public health services for the period of September 1, 2011, through August 1, 2012. (Attachment # 24) 25. Resolution authorizing City Manager or designee to submit a grant application to the U.S. Department of Housing and Urban Development in the amount of $1,440,000 for the Coastal Bend Metropolitan Area Regional Sustainability Planning Grant, with a $360,000 in-kind match, to be shared among the Coastal Bend Metropolitan Area Sustainability (CBMAS) Consortium, and a total project cost of $1,800,000. (Attachment # 25) L. FIRST READING ORDINANCES: 26. First Reading Ordinance -- Appropriating $2,940.78 into the Library CIP Fund No. 3210, Project No. 120095, for improvements to the Anita & W. T. Neyland Public Library from the following sources: $2,440.78 from royalties from oil, gas and mineral interests bequeathed to the City Library from the Estate of William T. Neyland and $500.00 from clean energy credits; changing the FY 2011-2012 Capital Budget adopted by Ordinance No. 029135 to increase appropriations by $2,940.78. (Attachment # 26) 27. First Reading Ordinance -- Amending Code of Ordinances, Chapter 39, Personnel, Article III Employee Compensation and Classification System, to revise Section 39-303 by increasing the midpoint and maximum pay ranges in Pay Plan 400; repealing all other ordinances, and rules, or parts of ordinances and rules, in conflict with this ordinance; providing for effective date. (Attachment # 27) Agenda Regular Council Meeting September 27, 2011 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the and of the agenda summary) M. FUTURE AGENDA ITEMS AND UPDATES TO CITY COUNCIL: These items are for Council's informational purposes only. No action will be taken and no public comment will be solicited, 29. [elf] FUTURE AGENDA ITEMS: a. Motion authorizing the City Manager or designee to accept a grant in the amount of $78,527.36 from the State of Texas, Criminal Justice Division to continue the Victims of Crime Act (VOCA) grant within the Police Department for Year 12 with a City cash match of $16,711.48, in-kind match of $4,000 for a total project cost of $99,238.84 and to execute all related documents. (Attachment # 28) b. Ordinance appropriating $78,527.36 from the State of Texas, Criminal Justice Division in the No. 1061 Police Grants Fund for funding available under the Victims of Crime Act (VOCA) Fund, and authorizing the transfer of $16,711.48 from the No. 1020 Cash Contribution to Grants to the No. 1061 Police Grants Fund as grant matching funds. (Attachment # 28) a. Resolution authorizing the City Manager or designee to submit a grant application to the Texas General Land Office's Coastal Management Program, in the amount of $31,097.04 for development of a master site plan for Surfside Park, located on the central portion of Corpus Christi Beach, with a City in-kind match of $20,731.36, and a total project cost of $51,828.40. (Attachment # 29) b. Resolution authorizing the City Manager or designee to submit a grant application to the Texas General Land Office's Coastal Management Program, in the amount of $31,599.24 for development of a master site plan for Dolphin Park, located on the central portion of Corpus Christi Beach, with a City in-kind match of $21,066.16, and a total project cost of $52,665.40. (Attachment # 29) a. Resolution ratifying acceptance by the City Manager or designee of grants from the U.S. Department of Housing and Urban Development ("HUD") for the 2011 Consolidated Annual Action Plan ("Plan") which consists of the Community Agenda Regular Council Meeting September 27, 2011 Page 11 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Development Block Grant Program ($3,921,174), Emergency Shelter Grant Program ($148,436), and HOME Investment Partnerships Program ($2,336,552) and authorizing the execution of all documents necessary to implement the Plan as authorized by HUD. (Attachment # 30) b. Ordinance appropriating grants from the U. S. Department of Housing and Urban Development in the No. 1059 Grant Fund for approved 2011 community planning and development projects as follows: $3,921,174 for the Community Development Block Grant Program; $148,436 for the Emergency Shelter Grant Program; and $2,336,552 for the HOME Investment Partnerships Program. (Attachment # 30) c. Motion ratifying the 2011 Emergency Shelter Grant Program funding agreements to be effective August 1, 2011. (Attachment # 30) 31. Resolution authorizing the City Manager or designee to execute an Interlocal Cooperation Agreement with the Corpus Christi Regional Transportation Authority for information technology system management assistance with reimbursement of City's costs, and ratifying effective date of August 1, 2011. (Attachment # 31) 32. Ordinance consenting to the assignment of a Ground Lease al Corpus Christi International Airport with Corpus Christi Developments 1, LLC doing business as Corpus Christi FXG, LLC to MREIC- Corpus Christi TX, LLC; authorizing the City Manager or designee to execute all documents necessary to consent to the Assignment and Assumption Agreement between all parties. (Attachment # 32) 33. Motion authorizing the City Manager or designee to execute an agreement with K Space Contemporary for the donation and acceptance of art mural to be located at the Starr Street balustrade near North Lower Broadway Street. (Attachment # 33) Agenda Regular Council Meeting September 27, 2011 Page 12 34. Motion approving the Space Contemporary temporarily close the Muertos Festival; to (Attachment # 34) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) application for street closure from K - and Downtown Management District, to following street sections for Dia De Los take place Friday, October 28, 2011. a. The temporary street closure of Starr Street between Chaparral Street and Lower Broadway, beginning at 11:00 A.M., Friday, October 28, 2011 and ending at 1:00 A.M., Saturday, October 29, 2011. b. The temporary street closure of Lower Broadway, between Taylor Street and Peoples Street, beginning at 11:00 A.M., Friday, October 28, 2011 and ending at 1:00 A.M., Saturday, October 29, 2011. c. The temporary street closure of Mesquite Street, between Taylor Street and Peoples Street, beginning at 11:00 A.M., Friday, October 28, 2011 and ending at 1:00 A.M., Saturday, October 29, 2011. 35. Coastal Bend Health Facilities Development Corporation Agenda, Tuesday, October 11, 2011, 12:00 p.m. (Attachment # 35) 36. Coastal Bend Cultural Facilities Finance Corporation Agenda, Tuesday, October 11, 2011, 12:00 p.m. (Attachment # 36) 37. a. Resolution approving amendments to the Bylaws and Articles of Incorporation of the Coastal Bend Health Facilities Development Corporation. (Attachment # 37) b. Resolution approving amendments to the Bylaws of the Coastal Bend Cultural Education Facilities Finance Corporation. (Attachment # 37) a. Resolution supporting the Park Road 22 Bridge Project and Commitment of Necessary Funding for the Bridge Project in support of the Padre Island Canal System and associated Mixed Use Development: (Attachment # 38) b. Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Texas Department of Transportation for an Advance Funding Agreement for Agenda Regular Council Meeting September 27, 2011 Page 13 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Voluntary Local Government_ Contributions to Transportation Improvement Projects for the Park Road 22 Bridge. (Attachment # 38) c. Motion authorizing the City Manager or designee to execute a Memorandum of Understanding regarding developer's participation agreement with Asset Development Corp. and Gulf Shores Joint Venture of Corpus Christi, Texas for the Park Road 22 Bridge Project. (Attachment # 38) d. Motion authorizing the City Manager or designee to execute a professional engineering contract with Urban Engineering, Inc. of Corpus Christi, Texas in an amount not to exceed $1,072,714 for the Park Road 22 Project. (Attachment # 38) e. Motion authorizing the City Manager or designee to execute a professional engineering geotechnical services contract with Raba Kistner, Inc., of Corpus Christi, Texas in an amount not to exceed $59,850 for the Park Road 22 Project. (Attachment # 38) UPDATES TO CITY COUNCIL: 39. Fixed Base Operator (FBO) Development Plan (Attachment # 39) 40. Business Case Evaluation Results for Municipal Information Systems Competitive Assessment and General Services Fleet "Rig htSizi ng"/Com petitive Assessment (Attachment # 40) 41. Presentation of Sustainability Ordinances in association with Department of Energy Grant (EECBG) previously presented by HDR to Council on September 13, 2011. (Attachment # 41) 42. Presentation on Seawall Projects Currently Recommended by the Corpus Christi Business and Job Development Corporation (Type A Board) (Attachment # 42) N. PUBLIC COMMENT ON NON -AGENDA OR AGENDA RELATED MATTERS 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 Agenda Regular Council Meeting September 27, 2011 Page 14 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the and of the agenda summary) 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.) ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. O. CITY MANAGER'S COMMENTS: Update on City Operations 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 _3:30 p.m., on September 22, 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. 24 DATE: September 1, 2011 AGENDA MEMORANDUM for the City Council Meeting of September 20, 2011 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, M.P.H., Director of Public Health P AnnetteR(a)-cctexas.com 361-826-7205 Program Income FY 11-12 Appropriation of Funds 11 CAPTION: Agenda Item: Ordinance appropriating $763,000 from the estimated program income revenue in the No. 1066 Health Grants Fund as State fiscal year 2011-2012 to fund laboratory and public health services for the period of September 1, 2011, through August 31, 2012; and declaring an emergency BACKGROUND AND FINDINGS: The Corpus Christi-Nueces County Public Health District receives funding from the Department of State Health Services (DSHS) for various public health services. As a result of this support, fees that are charged must`be prorated to determine the percentage of revenues that were generated using State/Federal funds. The State/Federal supported revenues are deemed Program Income (PI). PI earned during the State fiscal year (September 1- August 31) must be spent during that year or returned to the State. PI earned is to be used to supplement local funds for public health services. Staff reviews actual earnings and projected earnings to recommend an annual appropriation to cover expenditures. Planned expenditures for FY 11-12 include supplies, minor equipment, contractual services, training, and computer equipment. ALTERNATIVES: Unused funds must be returned to the State. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required for appropriation of program income funds. EMERGENCY/NON-EMERGENCY: One reading -grant contract begins September 1, 2011 -303- DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department Finance - Federal Grants and Office of Management and Budget. FINANCIAL IMPACT: o Not Applicable X Operating Expense X Revenue ❑ CIP Fiscal Year: 2011-2012 Project to Date Expenditures CIP Current Year Future Years TOTALS Budget Encumbered / Expended Amount This item $763,000 $763,000 BALANCE $763,000 1 $763,000 Fund(s): Program Income Comments: No fiscal impact to General Fund. . RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Ordinance Approvals: Elizabeth Hundley, Assistant City Attorney Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager -304- CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT PROGRAM INCOME APPROPRIATIONS FISCAL YEAR 11-12 140,000 $ 150;000 $ 40,000 $ 180,000 $ 53,000 $ 120,000 $ 80,000 $ 763,000 2012 Projected Revenue $ 140,000 $ 150,000 $ 40,000 $ 180,000 $ 53,000 $ 120,000 $ 80,000 $ 763,000 I to 0 co 1 1 Lab Water `- -° `" Medicaid Immunization STD Charges TB 831414L Acct# Acct# Description 930212L 830842L 831415L 830559L f '� Lab Total 510100 Salaries &Wa es 0 0 0 0 3,000 01 0$ 3,000 511000 Retirement 0 0 0 0 500 0 0$ 500 513000 Group Insurance Benefits -0 0 0 0 500 0 0 $ 500 520020 Clinical Supplies 82,600 1.30,00 0 10,000 0 50,000 34,000 $ 206,600 520030 Chemical/Household supplies 0 0 5,000 40,000 3,000 0 10,000 $ 58,000 520040 Clothing 2,000 2,000 0 0 0 800 800 $ 5,600 520050 Fuel & Lubricants 0 4,000 0 0 2,550 0 0 $ 6,550 520060 Books & Periodicals 2,500 1,500 900 1,500 0 1,000 2,000 $ 9,400 520070 Food & food supplies 1,000 1,500 0 1,000 750 1,000 0 $ 5,250 520090 Minor tools & Equipment <$1000 0 1,000 0 10,000 0 2,000 7,000 $ 20,000 520100 Minor tools & Equipment <$500 0 1,000 0 1,000 0 20,000 0 $ 22,000 520110 Minor tools & Equipment <$1000 0 1,000 0 1,000 0 0 0 $ 2,000 520120 Office Supplies 10,000 20,512 200 3,500 2,000 12,500 15,000 $ 63,712 520130 Maintenance &Repairs 0 2,000 0 3,000 0 7,150 6,000 $ 18,150 530000 Professional Services 27,900 5,028 26,800 18,500 20,000 7,150 1,000 $ 106,378 530070 Temporary Services 0 15,000 0 30,000 13,000 0 0 $ 58,000 530100 Vehicle Repairs 0 2,500 0 0 1,500 2,000 0 $ 6,000 530140 Postage & Express chares 1,000 1,200 500 250 0 800 300 $ 4,050 530170 Mileage Reimbursement 0 7,000 1,500 500 2,200 0 0 $ 11,200 530180 Non -Capital Lease Payments 0 0 0 0 2,908 0 0 $ 2,908 530200 Telephone/Telegraph Service 0 2,060 0 0 0 0 0$ 2,060 530230 Equipment Maintenance 0 1,000 0 8,000 1,000 4,000 1,000 $ 15,000 530250 Memberships Licenses & Dues 1,000 1,000 0 2,000 0 1,900 1,900 $ 7,800 530350 Training -Tuition Reimbursement 3,000 5,500 0 0 0 0 0 $ 8,500 530500 _Printing Advertisin & PR 2,000 4,000 0 5,750 0 4,700 1,000 $ 17,450 537010 Auto Liability Insurance 0 1,200 0 0 0 0 0$ 1,200 540250 Miscellaneous Charges 2,000 5,000 600 8,000 0 2,000 0 $ 17,600 547010 Travel 5,000 5,000 4,500 6,000 0 3,000 0 $ 23,500 548120 Self Insurance Allocations 0 0 0 0 92 0 0$ 92 550030 Improvements other than Bldg 0 30,000 0 30,000 0 0 0 $ 60,000 550040 Other equipment >$1000 0 0 0 0 0 0 0$ - 550050 Computer Eui ment>$500 0 0 0 0 0 0 0$ 140,000 $ 150;000 $ 40,000 $ 180,000 $ 53,000 $ 120,000 $ 80,000 $ 763,000 2012 Projected Revenue $ 140,000 $ 150,000 $ 40,000 $ 180,000 $ 53,000 $ 120,000 $ 80,000 $ 763,000 I to 0 co 1 Ordinance appropriating $763,000 from the estimated program income revenue in the No. 1066 Health Grants Fund as State fiscal year 2011-2012 to fund laboratory and public health services for the period of September 1, 2011, through August 1, 2012; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Estimated program income revenue in the amount of $763,000 is appropriated in the No. 1066 Health Grants Fund as State fiscal year 2011-2012 program income to fund laboratory and public health services for the period of September 1, 2011, through August 31, 2012. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of , 2011. ATTEST: Armando Chapa City Secretary APPROVED: September 1, 2011 Vssist Hundley ty Attorney for the City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor EHord346 PHD Program Inc FYI 112 20110901 Page 1 of 2 -306- 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, Council Members 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 David Loeb John E. Marez Nelda Martinez Mark Scott EHord346 PHD Program Inc FY1112 20110901 Page 2 of 2 -307- 25 Cityof Corpus Christi AGENDA MEMORANDUM for the City Council Meeting of September 27, 2011 DATE: September 19, 2011 TO: Ronald L. Olson, City Manager FROM: Rudy Garza, Interim Assistant City Manager of Business Support Service RudyGageetexas.com 361-826-3082 TOPIC: HUD Regional Sustainability Planning Grant for FY 2011-2014. Approval of request to apply for funding. PURPOSE: Resolution authorizing City Manager or designee to submit a grant application to the U.S. Department of Housing and Urban Development in the amount of $1,440,000 for the Coastal Bend Metropolitan Area Regional Sustainability Planning Grant, with a $360,000 in-kind match, to be shared among the Coastal Bend Metropolitan Area Sustainability (CBMAS) Consortium, and a total project cost of $1,800,000. BACKGROUND AND FINDINGS: The U.S. Department of Housing and Urban Development Office of Sustainable Communities has available funding through a competitive grant application process to support metropolitan and multijurisdictional planning efforts that integrate housing, land use, economic and workforce development, transportation and infrastructure investments in a manner that empowers local and county governments to consider the interdependent challenges of (1) economic competitiveness and revitalization; (2) social equity, inclusion, and access to opportunity; (3) energy use and climate change; and (4) public health and environmental impact. The grant application is due on October 6, 2011 and requires City Council action prior to submission. A similar project, the Corpus Christi Integrated Community Sustainability Plan, was funded by the Energy Efficiency Community Block Grant (EECBG), and this project will expand the scope of that plan as well as create momentum for a regional effort towards sustainability development. A match of 20% of $1,800,000 ($360,000), in-kind and over the course of 3 years will be budgeted as a portion of professional time for staff, as well as professional time for community partners. The grant period will cover October 2011 through October 2014 (36 months) as specified in the Notice of Funding Availability. ALTERNATIVES: The following alternatives were considered: 1) Apply for the grant and serve as the main administrator for this Regional Sustainability Plan in order to benefit, not only the City of Corpus Christi, but also the surrounding communities that comprise the Corpus Christi Metropolitan Statistical Area. 2) Not apply for the grant to consider and plan for the challenges of our region. OTHER CONSIDERATIONS: 1) This funding opportunity expands on the Corpus Christi Integrated Sustainability Plan, recently completed as part of the Energy Efficiency Community Block Grant (EECBG). —311— 2) This funding opportunity expands on and supports the efforts of Bold Future for the Coastal Bend, a vision initiative by and for the people of the Costal Bend. 3) This funding opportunity will provide for regional interagency cooperation and collaboration, strengthening relationships with our neighbors for the benefit of the Coastal Bend as a whole. 4) This funding opportunity will make us eligible to apply for implementation funds in the next round of funding availability. FINANCIAL IMPACT: X Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP Fiscal Year: 2011-2012 Prior Year Current Year Future Years TOTALS Budget Encumbered/Expended Amt This item BALANCE FUND(S): Comments: Contingent upon interagency cooperation. Matching funds must total $360,000 over the course of three years, meaning $120,000 each year. Funds can be in-ldnd, for supplies, facilities and professional time and will be comprised of contributions from all participating agencies. The following example is an estimate in which the total amount of in-kind funds comes from professional time donated. This will have no financial impact, as the salaries will be budgeted as a normal operating expense. Example of In -Kind $120,000 / $30 per hour = 4,000 hours per year Professional Time 4,000 hours / 52 weeks = 76.9 hours per week Allotment: 76.9 hours per week/ 12 agencies = 6.41 hours/ per agency/ per week RECOMMENDATION: City staff recommends that this item be approved and a grant application in the amount of $1,800,000 be submitted to the Department of Housing and Urban Development, Office of Sustainable Communities for the Regional Sustainability Planning Grant Program. Staff feels this is an opportunity to: expand on current sustainability efforts; improve quality of life for our citizens; enhance the competitiveness of the Coastal Bend; and strengthen regional relationships through interagency collaboration. CONFORMITY TO CITY POLICY: Conforms to statutes regarding grant applications. Immediate action is requested so as to respond by the October 6, 2011 application deadline. DEPARTMENTAL CLEARANCES: Finance — Federal Grants and Office of Management and Budget. LIST OF SUPPORTING DOCUMENTS: HUD Regional Sustainability Planning Grant Brief Cc: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Deputy Director of Financial Services Loyd E. Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager —312— HUD - Office of Sustainable Communities FY 2011 Regional Sustainability Planning Grant Brief Summary of the Grant: The Sustainable Communities Regional Planning Grant Program (Program) supports metropolitan and multijurisdictional planning efforts that integrate housing, land use, economic and workforce development, transportation, and infrastructure investments in a manner that empowers jurisdictions to consider the interdependent challenges of: (1) economic competitiveness and revitalization; (2) social equity, inclusion, and access to opportunity; (3) energy use and climate change; and (4) public health and environmental impact. The Program places a priority on investing in partnerships, including nontraditional partnerships (e.g., arts and culture, recreation, public health, food systems, regional planning agencies and public education entities) that translate the Livability Principles (See below) into strategies that direct long-term development and reinvestment, demonstrate a commitment to addressing issues of regional significance, use data to set and monitor progress toward performance goals, and engage stakeholders and residents in meaningful decision-making roles. Partnership for Sustainability - Federal Livability Principles 1) Provide More Transportation Choices. -Develop safe, reliable, and affordable transportation choices to decrease household transportation costs, reduce energy consumption and dependence on foreign oil, improve air quality, reduce greenhouse gas emissions, and promote public health. 2) Promote equitable, affordable housing _Expand location- and energy-efficient housing choices for people of all ages, incomes, races, and ethnicities to increase mobility and lower the combined cost of housing and transportation. 3) Enhance Economic Competitiveness_Improve economic competitiveness through reliable and timely access to employment centers, educational opportunities, services, and other basic needs by workers, as well as expanded business access to markets. 4) Support Existing Communities. Target federal funding toward existing communities—through strategies like transit - oriented, mixed-use development, and land recycling—to increase community revitalization and the efficiency of public works investments and safeguard rural landscapes. 5) Coordinate Policies and Leverage Investment. -Align federal policies and funding to remove barriers to collaboration, leverage funding, and increase the accountability and effectiveness of all levels of government to plan for future growth, including making smart energy choices such as locally generated renewable energy. 6) Value Communities and Neighborhoods_Enhance the unique characteristics of all communities by investing in healthy, safe, and walkable neighborhoods—rural, urban, or suburban. -313- Coastal Bend Metropolitan Area Sustainability Plan - Proposal Scope: The Coastal Bend Metropolitan Area Sustainability (CBMAS) Consortium intends to develop a Regional Sustainability Plan (RSP) for the Corpus Christi Metropolitan Statistical Area (MSA), comprised of Nueces, San Patricio, and Aransas counties. The RSP will expand upon the City of Corpus Christi's existing, data -driven Integrated Community Sustainability Plan (ICSP) which was created as part of the City's Energy Efficiency and Conservation Block Grant (EECBG) Program with funds from the Department of Energy. The RSP will broaden the geographic, social, and economic scope of the City's ICSP and will address in an integrated, holistic, and practical fashion several quality -of -life priorities for the MSA region: housing, mobility, sustainable economic development, local food production and access, climate change, air quality, and water supply and quality. The working draft of the contents of the RSP describes seven distinct projects in each of these priority areas. The level of importance for each item will be further specified once the funds are awarded and the planning process begins. Although there may be overlap in goals, strategies, and outcomes among some of the projects, initially defining them as primary elements of the RSP will facilitate data collection, goal -setting, strategy prioritization, and identifiable metrics. The seven projects being proposed are the following: 1) Coordinate Regional Housing Programs 2) Enhance Regional Transportation Planning 3) Develop a Regional Sustainable Economic Development Initiative 4) Develop and Implement a Regional Healthy Food Initiative 5) Initiate a Regional Climate Adaptation and Greenhouse Gas Management Plan 6) Align, Update, and Implement Clean Air Initiatives 7) Align, Update, and Implement Clean Water and Water Resource Conservation Initiatives This cross -jurisdictional partnership will enable communities in the Coastal Bend Metropolitan Area to exchange thoughts, concerns, and ideas for the benefit of the region. This collaboration is anticipated to be the first of many, and will formalize the importance of our cooperation in a region -wide plan for sustainability. Each consortium agency will designate a representative to communicate, educate, and advocate for the issues and concerns of their agency in the development of the RSP. This requirement will ensure fairness for all partners in the RSP development process, while simultaneously enabling the consortium to meet the in-kind match requirements for the funding award. Disclaimer. This document is intended to serve as a preliminary briefing on the Regional Sustainability Planning Grant. The proposal scope is in development and feedback from participants is needed to ensure adequate representation from prospective Coastal Bend Metropolitan Area Sustainability Consortium members. -314- Page 1 of 1 Resolution authorizing the City Manager or designee to submit a grant application to the U.S. Department of Housing and Urban Development in the amount of $1,440,000 for the Coastal Bend Metropolitan Area Regional Sustainability Planning Grant, with a $360,000 in-kind match, to be shared among the Coastal Bend Metropolitan Area Sustainability (CBMAS) Consortium, and a total project cost of $1,800,000. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. That the City Manager or designee is authorized to submit a grant application to the U.S. Department of Housing and Urban Development in the amount of $1,440,000 for the Coastal Bend Metropolitan Area Regional Sustainability Planning Grant, with a $360,000 in-kind match, to be shared among the Coastal Bend Metropolitan Area Sustainability (CBMAS) Consortium, and a total project cost of $1,800,000. ATTEST: Armando Chapa City Secretary Approved as to form: September 21, 2011 Lisa Agui , Assistant City Attorney for the City Attorney —315— CITY OF CORPUS CHRISTI Joe Adame Mayor Corpus Christi, Texas of 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott —316— 26 DATE: September 2, 2011 TO: Ronald L. Olson, City Manager FROM: Herb Cana[&,/Director of Libraries herbc@cctexas.com 826-7070 PURPOSE: AGENDA MEMORANDUM for the City Council Meeting of September 27, 2011 Appropriation of funds for Neyland Public Library Ordinance appropriating $2,940.78 into the Library CIP Fund No. 3210, Project No. 120095, for improvements to the Anita & W.T. Neyland Public Library from the following sources: $2,440.78 from royalties from oil, gas and mineral interests bequeathed to the City Library from the Estate of William T. Neyland and $500.00 from clean energy credits; changing FY 2011-2012 Capital Budget adopted by Ordinance No. 029135 to increase appropriations by $2,940.78. BACKGROUND AND FINDINGS: Mineral interest earnings and an energy credit are available for the Neyland Public Library. Mineral interests earnings, paid regularly, were bequeathed to the library from W. T. Neyland. With this appropriation, $1,179,286.72 has been available for the Neyland Library from private funding sources. Of that amount, $846,491.89 has been received from the Neyland Estate. ALTERNATIVES: None, other than not accepting the private donation. OTHER CONSIDERATIONS: None. —319— FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense ❑ Revenue X CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget 0 Encumbered/Expended amount 0 This item 0 1 $2,940.78 0 $2,940.78 BALANCE 01 01 0 0 FUND(S): Library CIP Fund No. 3210 Comments: Source of funding is royalty payments in mineral interest earnings from an estate plus an energy credit. RECOMMENDATION: Staff recommends appropriation of funds. LIST OF SUPPORTING DOCUMENTS: Spreadsheet showing contributions to date. CONFORMITY TO CITY POLICY: Not applicable. EMERGENCY/NON-EMERGENCY: This item is a non -emergency. DEPARTMENTAL CLEARANCES: Not applicable as no other departments are impacted. LIST OF SUPPORTING DOCUMENTS: Spreadsheet showing contributions and interest earnings. Cc: Brian Narvaez, Assistant City Attorney Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager —320— Ordinance appropriating $2,940.78 into the Library CIP Fund No. 3210, Project No. 120095, for improvements to the Anita & W. T. Neyland Public Library from the following sources: $2,440.78 from royalties from oil, gas and mineral interests bequeathed to the City Library from the Estate of William T. Neyland and $500.00 from clean energy credits; changing the FY 2011-2012 Capital Budget adopted by Ordinance No. 029135 to increase appropriations by $2,940.78. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $2,940.78 is appropriated into the Library CIP Fund No. 3210, Project No. 120095, for improvements to the Anita & W. T. Neyland Public Library from the following sources: $2,440.78 from royalties from oil, gas and mineral interests bequeathed to the City Library from the Estate of William T. Neyland and $500.00 from clean energy credits. SECTION 2. That the FY 2011-2012 Capital Budget adopted by Ordinance No. 029135 is changed to increase appropriations by $2,940.78. —321— That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2011, by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal David Loeb John Marez Nelda Martinez Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of2011, by the following vote: Joe Adame David Loeb Chris N. Adler John Marez Larry Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal PASSED AND APPROVED, this the day of 2011. ATTEST: Armando Chapa City Secretary Joe Adame Mayor APPROVED: /3 day of 2011 L. Brian Narva z Assistant City Attorney For City Attorney -322- 27 AGENDA MEMORANDUM for the City Council Meeting of 09/27/11 DATE: September 14, 2011 TO: Ronald L. Olson, City Manager �J FROM: Joan McKaughan, Interim Director of Human Resourc (iC' joanm@cctexas.com 826-3306 REVISION OF RANGE MIDPOINTS AND MXIMUMS IN PAY PLAN 400 EXECUTIVE CAPTION: AMENDING CODE OF ORDINANCES, CHAPTER 39, PERSONNEL, ARTICLE III EMPLOYEE COMPENSATION AND CLASSIFICATION SYSTEM, TO REVISE SECTION 39-303 BY INCREASING THE MIDPOINT AND MAXIMUM PAY RANGES IN PAY PLAN 400; REPEALING ALL OTHER ORDINANCES, AND RULES, OR PARTS OF ORDINANCES AND RULES, IN CONFLICT WITH THIS ORDINANCE; PROVIDING FOR EFFECTIVE DATE AND PROVIDING FOR SEVERANCE. BACKGROUND AND FINDINGS: The proposed revision will increase the maximum of the pay ranges in Pay Plan 400 Executives by 15% in order to provide a competitive position in recruitment and retention of Executive level staff. The annual Market Study conducted by the Human Resources Department in March 2011 indicated that the maximum of the pay range for Pay Plan 400 Executive lags the market by 15%. The City is currently conducting executive searches for the Director of Human Resources, Director of Finance, and Fire Chief positions. Preliminary recruitment feedback indicates that the maximum of the pay range is insufficient to meet the desired recruitment outcomes, and leaves the City at risk of losing key executive level staff. Given the increase to the maximum of the range, the midpoints are adjusted accordingly. ALTERNATIVES: OTHER CONSIDERATIONS: -325- CONFORMITY TO CITY POLICY: This action confirms to City policy, as revisions to the City's personnel ordinance, which includes Pay Plan 400 Executive pay ranges, require approval of the Council. EMERGENCY/NON-EMERGENCY: Two readings (9/27/11, 10/11/11) DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: XNot Applicable ❑ Operating Expense ❑ Revenue ❑ CIP Fiscal Year: 2011- 2012 Project to Date Expenditures CIP Current Year Future Years TOTALS Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends approval of this ordinance revision. LIST OF SUPPORTING DOCUMENTS: Approvals: Carlos Valdez, City Attorney Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager -326- SECTION OF ORDINANCE BEING REVISED Sec. 39-303. Standard classifications, pay grades, and ranges. (e) Pay Plan 400. Pay Plan 400 will include positions at the highest level of decision- making and responsibility. The pay grades and ranges for positions in Pay Plan 400 are as follows: Pay Plan 400 Executives FLSA Overtime Ineligible :244% RftGfiyp 1 ion120O P Grade Minimum Midpoint Maximum 410 $26,254 $34;996 $37242 $417838 148,229 411 33,586 46;563 51 031 3944 68 476 412 36,609 39;736 55 624 64;993 74 638 413 40,107 53;604 60 936 74;188 81 765 414 44,337 64469 67 364 74-,694- 90 391 415 49,236 687264 74 808 87-' 100 380 416 55,171 7&j487 83 822 97.893 112 473 417 62,092 86,086 94,342 444,4W9 126,591 418 69,445 965 105 513 4-21-1-3 141,580 419 70,197 9742-9 106 648 424,433 143,098 420 78,476 4797 119 231 429 418 159 986 421 79,357 440-,829 120571 44803 161785 422 87,963 99;92 107 277 448-,07-9 126,591 423 89,712 424378 136,306 459443 182 899 424 100,671 44-2;537 121,890 124,443 143 109 430 City Manager ..... No Rane —327— Ordinance amending Code of Ordinances, Chapter 39, Personnel, Article III Employee Compensation and Classification System, to revise Section 39-303 by increasing the midpoint and maximum pay ranges in Pay Plan 400; repealing all other ordinances, and rules, or parts of ordinances and rules, in conflict with this ordinance; providing for effective date and providing for severance. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39-303, is amended to read as follows: ARTICLE III. EMPLOYEE COMPENSATION AND CLASSIFICATION SYSTEM Sec. 39-303. Standard classifications, pay grades, and ranges. (e) Pay Plan 400. Pay Plan 400 will include positions at the highest level of decision-making and responsibility. The pay grades and ranges for positions in Pay Plan 400 are as follows: Pay Plan 400 Executives FLSA Overtime Ineligible 2.5% Pffenflvp 114412008 Grade Minimum Midpoint Maximum 410 $26,254 $34;996 $37,242 $41,938 $4%229 411 33,586 48 565 51 031 547544 68,476 412 36,609 5%;756 55,624 64;903 74 638 413 40,107 5&604 60,936 7-189 81 765 414 44,337 61,469 67,364 78,604 90 391 415 49,236 68;264 74 808 87,287 100.380 416 55,171 76487 83 822 97-,893 112,473 417 62,092 8686 94,342 49H979 126 591 418 69,445 96;29 105,513 423443 141 580 419 70,197 979 106 648 424438 143 098 420 78,476 4987797 119 231 439;448 159 986 421 79,357 440-,= 120,571 449 83 161 785 422 87,963 994 107,277 449;979 126,591 423 89,712 424;378 136,306 459 182 899 424 100,671 442'.557 121890 424443 143,109 430 1 City Manager .....No Range This i 0 11124/2008 provides an increase in the range maximum of 15.0%, including adjustment of the midpoints effective October 17, 2011. -328- Page 1 of 3 Section 2. This ordinance is effective upon final adoption by the City Council. Revisions to Pay Plan 400 will become effective October 17, 2011. Section 3. 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. —329— Page 2 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2011, by the following vote: Joe Adame Chris N. Adler Larry Elizondo Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame Chris N. Adler Larry Elizondo Kevin Kieschnick Priscilla G. Leal PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary APPROVED as to form By. ' --:;;,;29T V6ZZA nnifer A. Knox -Walker Assistant City Attorney for the City Attorney David Loeb John E. Marez Nelda Martinez Mark Scott day of Joe Adame Mayor —330— Page 3 of 3 2011. NH696 City of us B Chrtsti DATE: September 7, 2011 AGENDA MEMORANDUM forthe City Council Meeting of October 11, 201' TO: Ronald L. Olson, City Manager FROM: D. Troy Riggs, Chief of Police D7 { ( T,(}� TroYr(biCCtexas.com CCC//1111111((//jj'' __ 886-2603 Accepting the VOCA grant and appropriating funds CAPTION: A. Motion authorizing the City Manager or his designee to accept a grant in the amount of $78,527.36 from the State of Texas, Criminal Justice Division to continue the Victims of Crime Act (VOCA) grant within the Police Department for Year 12 with a City cash match of $16,711.48, in-kind match of $4,000 for a total project cost of $99,238.84 and to execute all related documents. B. Ordinance appropriating $78,527.36 from the State of Texas, Criminal Justice Division in the No. 1061 Police Grants Fund for funding available under the Victims of Crime Act (VOCA) Fund, and authorizing the transfer of $16,711.48 from the No. 1020 Cash Contribution to Grants to the No. 1061 Police Grants Fund as grant matching funds, and declaring an emergency. BACKGROUND AND FINDINGS: The grant continues the Victim Assistance Program that provides assistance to victims and family members with the goal of lessening the short and long-term trauma experienced as a direct result of victimization. Victims and their family members are provided with information, reassurance, and guidance for resolving problems and referrals to other social service agencies. The case managers provide services to victims including information and referral, criminal justice support and case information, assistance with filing forms for benefits available through the Crime Victims' Compensation under the Texas Crime Victims Compensation Act, informing victims of their rights as victims, advocating on victims behalf with other agencies and within the criminal justice system, and transportation to shelter or to court. Primary and secondary victims of crime are assisted in an effort to stabilize their lives after victimization, help victims to understand and participate in the criminal justice system, and provide victims of crime with a measure of safety and security. The case managers also work closely through coalitions and with other agencies in an ongoing effort to identify needs and to improve the quality and continuity of services to victims in the community. Additionally, they provide training to community groups regarding victimization issues and available resources, thereby increasing community awareness. The State provides $78,527.36 for the salary/benefits of two Victim Case Managers and a portion of mileage. Volunteer hours contribute $4,000 as an in-kind contribution, and the City contributes $16,711.48 for training, travel, supplies and miscellaneous equipment as the required 20% match. The funding is not on a declining percentage or ending funding cycle. This grant period is 9/1/2011 — 8/31/2012. City Council approval to submit the grant on 3/8/2011. ALTERNATIVES: None —333— OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval to accept the grant and appropriate the grant funds. EMERGENCY/NON-EMERGENCY: Emergency to meet grant deadlines. DEPARTMENTAL CLEARANCES: Finance — Grants management FINANCIAL IMPACT: ❑ Not Applicable X Operating Expense ❑ Revenue ❑ CIP Fiscal Year: 2011-2012 Project to Date Expenditures CIP Current Year Future Years TOTALS Budget $16,711.48 $16,711.48 Encumbered / Expended Amount This item $78,527.36 $78,527.36 BALANCE $95,238.84 $95,238.84 Fund(s): Police Grants Fund Comments: Volunteer hours provide $4,000 in-kind contribution. RECOMMENDATION: Staff recommends acceptance of the grant and appropriation of funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Approvals: Trisha Dang, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager -334- ORDINANCE APPROPRIATING $78,527.36 FROM THE STATE OF TEXAS, CRIMINAL JUSTICE DIVISION IN THE NO. 1061 POLICE GRANTS FUND FOR FUNDING AVAILABLE UNDER THE VICTIMS OF CRIME ACT (VOCA) FUND, AND AUTHORIZING THE TRANSFER OF $16,711.48 FROM THE NO. 1020 CASH CONTRIBUTION TO GRANTS TO THE NO. 1061 POLICE GRANTS FUND AS GRANT MATCHING FUNDS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $78,527.36 from the State of Texas, Criminal Justice Division in the No. 1061 Police Grants Fund for funding available under the Victims of Crime Act (VOCA) Fund, and authorizing the transfer of $16,711.48 from the No. 1020 Cash Contribution to Grants to the No. 1061 Police Grants Fund as grant matching funds. 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 on this the day of September, 2011. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form September 7, 2011 T. Tris a Dang Assistant City Attorney For City Attorney —335— 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 David Loeb —336— at AGENDA MEMORANDUM for the City Council Meeting of October 11, 2011 DATE: 9/15/2011 TO: Ronald L. Olson, City Manager FROM: Faryce Goode -Macon _-LSU 361-826-3245 faryceg@cctexas.com Texas General Land Office's Coastal Management Program Grant Cycle 17. Approval to submit grants. CAPTION: A. Resolution authorizing the City Manager, or designee, to submit a grant application to the Texas General Land Office's Coastal Management Program, in the amount of $31,097.04 for development of a master site plan for Surfside Park, located on the central portion of Corpus Christi Beach, with a City in-kind match of $20,731.36, and a total project costs of $51,828.40. B. Resolution authorizing the City Manager, or designee, to submit a grant application to the Texas General Land Office's Coastal Management Program, in the amount of $31,599.24 for development of a master site plan for Dolphin Park, located on the central portion of Corpus Christi Beach, with a City in-kind match of $21,066.16, and a total project costs of $52,665.40. BACKGROUND AND FINDINGS: The Texas General Land Office's Coastal Management Program has available funding through a competitive grant application process to support public access to the shoreline and waterfront redevelopment and ecotourism. The City of Corpus Christi is seeking support to develop a master site plan for Surfside and Dolphin Parks. Both parks provide public access to Corpus Christi Beach. These projects are part of an overall City effort to (1) remove barriers to beach access (2) increase enjoyment of the coastal zone (3) promote environmental awareness of coastal natural resource areas (CNRAs) and (4) encourage waterfront redevelopment and ecotourism. These projects fulfill the need for well-planned public access by developing master site plans for areas that currently provide shoreline access on Corpus Christi Beach. Community involvement in the project will benefit the public by fostering stewardship in the community and appreciation for the protection and preservation of the CNRAs. Development of master site plans for Surfside and Dolphin Parks are listed as priorities on the draft Corpus Christ Beach Development Plan. —339— City in-kind matches will consist of staff services. ALTERNATIVES: 1. Not apply for grant and design master site plans with existing funds only. OTHER CONSIDERATIONS: NA CONFORMITY TO CITY POLICY: Conforms to statutes regarding grant applications: FY2011-12 Capital Budget. EMERGENCY/NON-EMERGENCY: NA DEPARTMENTAL CLEARANCES: Planning -340- FINANCIAL IMPACT: Not applicable Fiscal Year: 2011-2012 Project to Date Expenditures CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: City staff recommend Items A and B be approved and a grant applications in the amounts of $31,097.04 for item A and $31,638.94 for item B be submitted to the Texas General Land Office's Coastal Management Program. LIST OF SUPPORTING DOCUMENTS: Grant Application Project Descriptions Location Maps Letters of Support for both applications • City of Corpus Christi Parks and Recreation Department • Corpus Christi Beach Task Force • The Harbors Homeowners Association, Inc. • Corpus Christi Beach Association • Coastal Bend Bays & Estuaries Program • Bay Area Smart Growth Initiative • Texas State Aquarium • Texas Sea Grant Mission -Aransas National Estuarine Research Reserve Resolutions Approvals: Jay Reining, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager —341— Reference No. CMP GRANTS PROGRAM APPLICATION GRANT CYCLE #17 The pre -proposal deadline is June 22, 2011, and the final application deadline is October 12, 2011, with a proposed project start date of October 2012. Submission of the pre -proposal is only required if you would like written comments on your pre -proposal. ❑Pre -Proposal ® Final Application Project Title Surfside Park Master Site Plan Type of Project ® Nonconstruction ❑Construction [:]Land Acquisition ❑ Research County or Counties that the project is located in or affects Nueces CMP Funds Requested $0.00 1 Local Match Contributed $0.00 Ranking (Place project in order of priority if submitting more Third Party Contributed $0.00 than one grant application.) Total Project Cost $0.00 Funding Category Under Which the Project Should Be Considered ❑ Coastal Natural Hazards Response ❑ Waterfront Revitalization and Ecotourism Development ❑ Critical Areas Enhancement ® Shoreline Access ❑ Permit Streamlining/Assistance and ❑ Water Quality Improvement Governmental Coordination Name of Applicant The City of Corpus Christi Type of Applicant Incorporated city within coastal nue boundary Project Manager Elena J Buentello Title Planning Technician First MI Last Telephone 361-826-8466 Fax Number 361-826-4215 Physical Mailing Address 1201 Leopard Street, City Hall, 2nd Floor, Planning 92164 City Corpus Christi State TX Zip 78401 Electronic Mail Address elenaj@cctexas.com Authorizing Official Juan Perales First Ml, Last Physical Mailing Address 1201 Leopard Street, City Hall, 5th Floor City, Corpus Christi Telephone 362-826-3245 Electronic Mail Address lohnnyp@cctexas.com Title Assistant City Manager State Tx Zip 78401 Fax Number 361-826-3815 2 -342- Project Description (10 points) 4000 Character Limit The project description should be concise and flow smoothly. It should include a description of the issues that CMP funding will address, the steps to accomplish the project and how success will be measured. Applicants submitting land acquisition projects should provide sufficient detail for the CMP review team to evaluate the likelihood of a successful transaction within the timeframe of the grant. These details should include, but are not limited to: a description of the tract of land, and indication of the willingness of the seller, and the length of time the willing seller is committed to holding the property. Applicants submitting education and outreach projects should include information about the target audience and why the audience was selected. The uniqueness and significance of the project benefit and need should be clearly demonstrated. Applicants submitting research projects should describe the project's objectives in laymen's terms with emphasis on research applications, relevance, and value to coastal managers/general public. In addition, information should be included describing coordination efforts with local, state and federal agencies in the sought for future phases of the project. The uniqueness and significance of the study should be clearly described to set it apartfrom other ongoing research. IThe City of Corpus Christi is seeking support to develop a master site plan for Surfside Park. Surfside Park provides central public access to Corpus Christi Beach. This project is part of an overall City effort to (1) remove barriers to beach access (2) increase enjoyment of the coastal zone (3) promote environmental awareness of coastal natural resource areas (CNRAs) and (4) encourage waterfront redevelopment and ecotourism. Development of the master site plan will developed in the following phases: • Introduction: Purpose, Demographics, History • Analysis: Needs Assessment, Site Assessment, Environmental Constraints, Operational Maintenance Costs • Project Guidelines: Guiding Philosophies, Goals/Objectives, Green Design Guidelines • Action plan: Identification and prioritization of tasks, and lead partners • Funding strategies: Operational Maintenance, Construction The Surfside Park Master Site Plan will be made available through an interactive link under the City's Planting Department web page that will include a conceptual rendering of the site. The Surfside Park Master Site Plan is projected to be completed in 10-12 months. Corpus Christi Beach is an urban waterfront within Corpus Christi Bay. Public access is limited due to private development issues. Properties at the water's edge are prime redevelopment targets, especially those well connected to tourist sites, such as Corpus Christi Reach. The Corpus Christi Beach Development Plan, an element of the City's Comprehensive Plan, cites public access as a "Development Issue" on Corpus Christi Beach and moreover, there are no mechanisms to protect access to Texas bayshores. Surfside Park's central location makes planned public access of this site critical. The city is dedicated to improving CNRAs on Corpus Christi Beach. Issues arise when people headed to the water for recreational purposes inadvertently degrade sensitive natural areas near the water. This project will generate guidelines to balance needs of public access with those of the CNRAs. Development of green design guidelines for the site will avoid or minimize adverse impacts to JCNRAs. The project will generate green park design guidelines such as the use of native landscaping and also make the park ADA accessible. Through the analysis phase of the project, oxisting site conditions will be evaluated. Development of the project guidelines will incorporate resource conservation to include taking advantage of land that is already disturbed and construction from non-toxic materials, use of recycled materials, monofilament etc ...The project will develop guidelines for placement of at least four educational signs that will (1) interpret native landscaping that will be placed in Surfside Park (2) identify CNRAs and (3) prompt visitors to remove trash from the park and adjacent beach area (4) affirm historical connections with the area as explained below. I The local community is attempting to recapture the vitality of Corpus Christi Beach past. The historic character of Corpus Christi Beach has been diminished from the hay days of the 1920s. Paradise Pier of the 1930s was a local gathering spot for residents and tourists (Seel Attachments Figure 1). Surfside Park provided public access to Paradise Pier. The process of restoring Surfside Park can affirm 3 -343- al connections and bring in both visitors and residents thereby strengthening the economy and being a center pom Y%r int redevelopment. The project will include recommendations for placement of educational signage documenting the beach's history. 4 -344- General Criteria Please limit response for each criterion to two concise paragraphs. Each response is limited to 4000 characters. 1. First, list the specific goal(s) and policy(ies) that the project will fulfill. Describe how the project is consistent with CMP goals and policies. The goals and polices are listed in Appendix D. (15 points) development of a master site plan to include ADA compliant public access, green park design guidelines, ational components, and native landscaping within this project meet the following CMP Goals and 1) to protect, preserve, restore, and enhance the diversity, quality, quantity, functions, and values of coastal natural resource areas (CNRAs); Green park design guidelines will preserve the natural landscape and ensure protection; promote the protec of the CNRAs through educational signage for native landscaping and identification of the CNRAs and explain ongoing preservation and restoration efforts. to ensure sound management of all coastal resources by allowing for compatible economic development multiple human uses of the coastal zone; en park design guidelines preserving the CNRAs will ensure sound management while simultaneously tning for public access to the beach for activities such as nature viewing, swimming, kayaking, and ;4) to ensure and enhance planned public access to and enjoyment of the coastal zone in a manner that is ,ompatible with private property rights and other uses of the coastal zone; Achieved through engaging the community, private property owners, and other stakeholders in the planning )rocess, providing for continual input and feedback into the development of the master site plan. ;5) to balance the benefits from economic development and multiple human uses of the coastal zone, the ienefits from protecting, preserving, restoring, and enhancing CNRAs, the benefits from minimizing loss of tuman life and property, and the benefits from public access to and enjoyment of the coastal zone ?romote tourism by planning for public access for ecotourism activities. 9) to make coastal management processes visible, coherent, accessible, and accountable to the people of texas by providing for public participation in the ongoing development and implementation of the Texas ?fan development will incorporate continuous public participation through public meetings and surveys using r community-based visioning process. 2. Are there any coastal natural resource areas (CNRAs) and/or associated coastal resources in the project site, and will they be affected in any way? Please identify. Will the project benefit CNRAs and/or associated coastal resources, for example, by protecting, restoring, or increasing public appreciation and awareness of them? Appendix C of the guidance document provides a list of CNRAs as defined in the Coastal Goordinatron Act. This project is associated with two types of CNIRAs, both coastal shore areas and coastal wetlands, as well as water under tidal influence. This project will promote protection and public appreciation through planning for specific area placement of educational signage about the site's CNRAs. The planned signage can cover a variety of topics to increase public awareness regarding from freshwater infows into bay systems to nonpoint source water pollution. Additionally use of landscaping will both promote water conservation and help ongoing wetland restoration with the bay system. Planned signage will also promote awareness of Corpus —q45— 3. Christi Bay's occasional high bacteria counts and su sequent state listing as impaired waters and prompt visitors to remove trash from the site. Does the project implement an already approve oca , regional, state ore era plan e.g., Local Par_R`sTJasTe—r Plan, The Galveston Bay Plan, The Coastal Bend Bays Plan, Texas Wetlands Plan, Gulf of Mexico Strategic Plan)? If so, please list the plan and explain the relationship between the project and the plan. 5points) Coastal Bend Bays Plan: Human Uses: Goals: Maintain and expand tourism and recreational opportunities while protecting natural resources; develop and implement management strategies to reduce or avoid impacts from recreational uses; minimize impacts to bay resources from development or activities occurring within the coastal shore area; action BTR -2: Provide for the appropriate number of improved, well-managed public access sites; reduce Bay debris due to improper trash disposal; reduce bay debris in the Coastal Bend to ensure minimal impact to people, aquatic life, and natural resources. <<Plan for public access, leading to expanding ecotourism opportunities while planning for protection of CNRAs; development of plan will provide opportunity to ensure well-managed public access. Educational signage will prompt proper trash disposal and educate about negative impacts of improper trash disposal on the bay system>> Public Education and Outreach: Raise the public's environmental awareness; foster community stewardship of bay resources; increase individual involvement in bay resource management issues; promote public participation in environmental stewardship programs to increase awareness and instill individual responsibility. <<Community involvement is a major component throughout development of the master site plan. Use of community visioning processes will raise public awareness of preservation needs and foster community stewardship>> Corpus Christi Beach Area Development Plan (ADP), an element of the Comprehensive Plan: Land Use and Economic Development: Policy Statement 2: Promote and develop a hest of community and tourist destinations on Corpus Christi Beach, Policy Statement 3: Develop master site plans for Dolphin and Surfside Parks with the recommendations of this area development plan. Plan Proiect Priorities: (1)Develop Paradise Pier Retro; (4)Adopt specific master site plans for Develop specific master site plans for Surfside and Dolphin Parks << Developing well-planned public access points will create unique destinations. The development of the master site plan will incorporate recommendations of the CC Beach ADP. Surfside Park provides public access to the beach and is adjacent to the site for the proposed Paradise Pier Retro. Providing well-planned public access to the beach via Surfside park would be Phase 1 of a proposed Paradise Pier Retro. Funding strategies will be developed for future phases of the proposed Paradise Pier Retro to include Development of a site master plan will specifically address priority (4). >> Corpus Christi Open Space Master Plan, an element of the Comprehensive Plan: 8.2 Park and Recreation, 6. The bayfront and public beaches (Corpus Christi Beach, McGee Beach and Gulf of Mexico beaches) are the area's number one tourist attraction, and are incredibly precious resources. As such, those beaches should be both preserved and developed with an eye to their use and enjoyment by all in the city, not just the few who can purchase waterfront locations. Creative development and cost-sharing between the private and public sectors can make this happen. <<Developed a master site plan for a space providing public access to the City's beaches with attain the goal) of preserving the natural resources and development that will enhance public enjoyment of the coastal zone» 4. Describe how the project fulfills a public need/benefit. Summarize and reference any available documentation (i.e., studies, survey results, etc.) that support this 0, Viption. (10 points) nrniert fnlfillc the nPrrl fpr urPll_nlannPA nnhlir amerce hx, Arualnnino a macter cite nlnn fnr an area that currently provides beach access and is centrally located on Corpus Christi Beach. The project balance the need for public access and the needs of the area's natural resources. Community involvement in the project will benefit the public by fostering stewardship in the community and appreciation for the protection and preservation of the CNRAs. 5. Explain how a proactive public education and/or outreach component has been incorporated into the project. poration of community input in the development of the site plan through various community visioning -Isses are included in the development of elements within the site plan, specifically project guidelines, n plan and funding strategies (See Figure 2). Additionally, the use of educational signage to include pretation of native landscaping and its importance to the CNRAs, identification of the CNRAs and rical connections will target the community. Figure 2) 6. What is the direct or indirect economic impact of the project? Summarize and reference any available documentation (i.e., studies, survey results, etc.) that support this description. (5 points) Developing a master site plan providing public access to the shoreline will offer additional tourist amenities and increased opportunities for ecotourism in a city where 40% of the economic impact of tourism is directly related to ecotourism activities. (Lee, Jim (2011) The Economic Significance of Tourism and Nature Tourism in Corpus Christi 2011 Update) 7• Summarize the details from the project support and commitment letters about the proposed project received from local citizens, local governments, elected officials, established community organizations, or state/federal resource agencies. (Support letters should describe the impact/relevance that the project will have on the area, be signed by an executive of the entity, and included with the final application.) (5 points) Support letters from the following are attached: • City of Corpus Christi Parks and Recreation Department • Corpus Christi Beach Task Force • The Harbors Homeowners Association, Inc. • Corpus Christi Beach Association • Coastal Bend Bays & Estuaries Program • Bay Area Smart Growth Initiative • Regional Transit Authority • USS Lexington * • Texas State Aquarium • Corpus Christi Convention and Visitors Bureau S. Describe how your entity plans to ensure the project's long-term success (e.g., maintenance plans, future enhancement plans) after the contract and funding have expired. Provide an estimate of future operation and maintenance costs and/or describe if future enhancements are planned. Describe the options for funding this work. project will develop an action plan identifying and prioritizing tasks and more importantly identifying I partners. Estimation of future operation and maintenance costs will be provided in the analysis phase of project. in the funding strategy phase, funding options and applicability will be evaluated including but limited to grants, local match and third party contribution. 9. Provide a brief summary of your entity's history with administering state/federal grants. If your entity has not previously received state/federal grants, why does your entity feel that it is capable of administering this - score wui also oe nasea on The City of Corpus Christi administers millions of dollars of public works projects every year. The City uses standard of and other procurement procedures, defined by state law, to hire engineers, architects, and construction companies. The City's annual budget (2010-2011) is approximately $203, 864,117 in the general fund. in 2010, the City received $87,567,065 in federal funding and expended $25,159,418 in that year. The City received the Coastal Management Program Grant contract for the City's Erosion Response Plan in 2010. The City is has submitted a draft plan as the final deliverable on the contract and CMP grant will close out in September 2011. Reference No. CMP GRANTS PROGRAM APPLICATION GRANT CYCLE #17 The pre -proposal deadline is June 22, 2011, and the final application deadline is October 12, 2011, with a proposed project start date of October 2012. Submission of the pre -proposal is only required if you would like written comments on your pre -proposal. ❑ Pre -Proposal ® Final Application Project Title Dolphin Park Master Site Plan Type of Project ®Nonconstruction ❑Construction ❑ Land Acquisition ❑ Research County or Counties that the project is located in or affects Nueces CMP Funds Requested $0.00 2 Local Match Contributed $0.40 Ranking (Place project in order of priority if submitting more Third Party Contributed $0.00 than one grant application.) Total Project Cost $0.00 Funding Category Under Which the Project Should Be Considered ❑ Coastal Natural Hazards Response ❑ Waterfront Revitalization and Ecotourism Development ❑ Critical Areas Enhancement Shoreline Access Permit Streamlining/Assistance and ❑ Water Quality Improvement ❑ Governmental Coordination Name of Applicant City of Corpus Christi, Comprehensive Planning 'type of Applicant Incorporated city within coastal zone boundary Project Manager Elena J Buentello First Ml L Telenhore 361-826-8466 Title Planning Technician Fax Number 361-826-4215 Physical Mailing Address 1201 Leopard Street, 2nd Floor, Planning #2164 City Corpus Christi Electronic :Sail Address elenaj@(,ctexas.com Authorizing Official Juan•. State TX Zip 7840001 Perales Title Assistant City Manager Physical Mailing Address 1201 Leopard Street, City Hall, 5th Fioor City corpus Christi Telephone 362-826-3245 Electronic Mai: Address johnnyp@cetexas.com Siate iti Zip 78401 Fax Number 361-826-3815 2 -349- Project Description (10 points) 4000 Character Limit The project description should be concise and flow smoothly. It should include a description of the issues that CMP fording will address, the steps to accomplish the project and how success will be measured. Applicants submitting land acquisition projects should provide sufficient detail far the CMP review team to evaluate the likelihood ofa successful transaction within the timeframe of the grant. These details should include, but are not limited to: a description of the tract of land, and indication of the willingness of the seller, and the length of time the willing seller is committed to holding the property. Applicants submitting education and outreach projects should include information about the target audience and why the audience was selected. The uniqueness and significance of the project benefit and need should be clearly demonstrated. Applicants submitting research projects should describe the project's objectives in laymen's terms with emphasis on research applications, relevance, and value to coastal managers/generalpublic. In addition, information should be included describing coordination efforts with local, state and federal agencies in the sought for f eture phases of the project. The uniqueness and significance of the study should be clearly described to set it apart f om other ongoing research. City of Corpus Christi is seeking support to develop a master site plan for Dolphin Park, which provides public access to the north of Corpus Christi Beach. This project is part of an overall City effort to (i) remove barriers to beach access (2) increase enjoyment ie coastal zone (3) promote enviroinnental awareness of coastal natural resource areas (C`1 &As) and (4) encourage waterfront elopment and ecotourism. Development of the master site plan will developed in the following phases: Introduction: Purpose, Demographics, History Analysis: Needs Assessment, Site Assessment, Environmental Constraints, Operational Maintenance Costs Project Guidelines: Guiding Philosophies, Goals/Objectives, Green Design Guidelines Action Plan: identification and prioritization of tasks, and lead partners Funding strategies: Operational Maintenance, Construction Dolphin Park Master Site Plan will be made available through an interactive web link under the City's Planning Deparanent web that will include a conceptual rendering of the site. The Dolphin Park Master Site Plan is projected to be completed in 6-12 Christi Beach is an urban waterfront within Corpus Christi Bay. Public access is limited due to private development issues. ties at the water's edge are prime redevelopment targets, especially those well Connec..ted to tourist sites; such as Corpus Christi The Corpus Christi Beach Development Plan, an element of the City's Comprehensive Plan, cites public access as a opment Issue" on Corpus Christi Beach and moreover, there are no mechanisms to protect access to Texas bayshores. Dolphin northern waterfront location and adjacency to coastal wetlands makes planned public access of this site critical. e city is dedicated to improving CNRAs on Corpus Christi Beach. Issues arise when people headed to the water for recreational poses inadvertently degrade sensitive natural areas near the water. This project will generate guidelines to balance needs of public ;ess with those of the CNRAs. Development of green design guidelines for the site will avoid or minimize adverse impacts to IRA& The project will generate green park design guidelines such as the use of native landscaphig and also make tl:e park ADA essibie. Through the analysis phase of the project, existing site conditions will be evaluated. Development of the project delines will incorporate resource conservation to include taking advantage of land that is already disturbed and construction from 1 -toxic materials, use of recycled materials, monofilament etc ... The generation of the green park design guidelines and addressing king issues will further serve to protect and preserve wetlands in the adjacent North Beach Park. The project will develop guidelines placement of at least three educational signs that will (1) interpret native landscaping that will be placed in Dolphin Park (2) identify RSs and (3) prompt visitors to remove trash from the park and adjacent beach area. A50- General Criteria Please limit response for each criterion to two concise paragraphs. Each response is limited to 4000 characters. 1. First, list the specific goal(s) and policy(ies) that the project will fulfill. Describe how the project is consistent with CMP goals and policies. The goals and polices are listed in Appendix D. (15 points) Fhe development of a master site plan to include ADA compliant public access, green park design guidelines, ducational components, native landscaping and preservation of adjacent wetlands within this project meet the bllowing CMP Goals and Policies: ) to protect, preserve, restore, and enhance the diversity, quality, quantity, functions, and values of coastal .atural resource areas (CNRAs); ireen park design guidelines will preserve the natural landscape and ensure protection; promote the protection f the CNRAs through educational signage for native landscaping and identification of the CNRAs and xplain ongoing preservation and restoration efforts including adjacent wetlands. to ensure sound management of all coastal resources by allowing for compatible economic development multiple human uses of the coastal zone; en park design guidelines preserving the CNRAs will ensure sound management while simultaneously ming for public access to the beach for activities such as nature viewing, swimming, kayaking, and 1) to ensure and enhance planned public access to and enjoyment of the coastal zone in a manner that is ompatible with private property rights and other uses of the coastal zone; ,thieved through engaging the community, private property owners, and other stakeholders in the planning rocess, providing for continual input and feedback into the development of the master site plan. to balance the benefits from economic development and multiple human uses of the coastal zone, the enefits from protecting, preserving, restoring, and enhancing CNRAs, the benefits from minimizing loss of amara life and property, and the benefits from public access to and enjoyment of the coastal zone romote tourism by planning for public access for ecotourism activities. 1) to make coastal management processes visible, coherent, accessible, and accountable to the people of exas by providing for public participation in the ongoing development and implementation of the Texas MP. !an development will incorporate continuous public participation through public meetings and surveys using cornniunity-based visioning process. 2. Are there any coastal natural resource areas (CNRAs) and/or associated coastal resources in the project site, and will they be affected in any way? Please identify. 'Will the project benefit CNRAs andior associated coastal resources, for example, by protecting, restoring: or increasing public appreciation and awareness of them? Appendix C of the guidance document provides a list of CNkAs as defined in the Coastal uooramationAct. (13 This project is associated with two types of CNRAs, both coastal shore areas and coastal wetlands. This (project will promote protection and public appreciation through planning for specific area placement of educational signage about the site's CNRAs. The planned signage can cover a variety of topics to increase public awareness regarding from freshwater infows into bay systems to nonpoint source water pollution. i Additionally use of landscaping will both promote water conservation and help ongoing wetland restoration with the t ay system. Planned signage will also promote awareness of Corpus Christi Bay's occasional high bacteria counts and subsequent state listing as impajred waters and prompt visitors to remove trash from the site. — 51— __ 3. Does the project implement an already approved local, regional, state or federal plan (e.g., Local Parks Master Plan, The Galveston Bay Plan, The Coastal Bend Bays Plan, Texas Wetlands Plan, Gulf of Mexico Strategic Plan)? If so please list the plan and explain the relationship between the project and the plan. (5 points) iastal Bend Bays Plan: Human Uses: Goals: Maintain and expand tourism and recreational opportunities while protecting natural resources; develop and implement management strategies to reduce or avoid impacts from recreational uses; minimize impacts to bay resources from development or activities occurring within the coastal shore area; action BTR -2: Provide for the appropriate number of improved, well-managed public access sites; reduce Bay debris due to improper trash disposal; reduce bay debris in the Coastal Bend to ensure minimal impact to people, aquatic life, and natural resources. <<Plan for public access, leading to expanding ecotourism opportunities while planning for protection of CNRAs; development of plan will include provide opportunity to ensure well-managed public access. Educational signage will prompt proper trash disposal and educate about negative impacts of improper trash disposal on the bay system>> Public Education and Outreach: Raise the public's environmental awareness; foster community stewardship of bay resources; increase individual involvement in hay resource management issues; promote public participation in environmental stewardship programs to increase awareness and instill individual responsibility. <<Community involvement is a major component throughout development of the master site plan. Use of community visioning processes will raise public awareness of preservation needs and foster community stewardship» rpus Christi Beach Area Development Plan (ADP), an element of the Comprehensive Plan: Land Use and Economic Development: Policy Statement 2: Promote and develop a hast of community and tourist destinations on Corpus Christi Beach, Policy Statement 3. Develop master site plans for Dolphin and Surfside Parks with the recommendations of this area development plan. Plan Project Priorities: (4)Adopt specific master site plans for Surfside and Dolphin Parks << Developing well-planned public access points will create unique destinations. The development of the master site plan will incorporate reco,mttend tions of the CC Beach ADP which call for an ecotourism theme, an ADA Adventure Park and access to recreational uses. Development of a site master plan wi. specifically address priority (4). 4• Describe how the project fulfills a public need/benefit. Summarize and reference any available documentation (i.e., studies, survey results, etc.) that support this description. (10 points) This project fulfills the need for well-planned public access by developing a masier site pian for an area that currently provides beach access and is centrally located on Corpus Christi Beach. The project balance the need for public access and the needs of the area's natural resources. Community involvement in the project will (benefit the public by fostering stewardship in the community and appreciation for the protection and preservation of the CNRAs. I_ 5• Explain how a proactive public education and/or outreach component has been incorporated into the project. oration of community input in the development of the site plan through various community visioning ses are included in the development of elements within the site plan, specifically project guidelines, plan and funding strategies (See Figure 2). Additionally, the use of educaiionai sigriage to include etation of native landscaping and its importance to the CNRAs, identification of the CNRAs and ml connections will target the community. -�52- 6. What is the direct or indirect economic impact of the project? Summarize and reference any available documentation (i.e., studies, survey results, etc.) that support this description. (5 points) Developing a master site plan providing public access to the shoreline will offer additional tourist amenities and increased opportunities for ecotourism in a city where 40% of the economic impact of tourism is directly related to ecotourism activities. (Lee, Jim (2011) The Economic Significance of Tourism and Nature Tourism in Corpus Christi 2011 Update) 7. Summarize the details from the project support and commitment letters about the proposed project received from local citizens, local governments, elected officials, established community organizations, or state/federal resource agencies. (Support letters should describe the impact/relevance that the project will have on the area, be signed by an executive of the entity, and included with the final application.) (5points) Support letters from the following are attached: • City of Corpus Christi Parks and Recreation Department • Corpus Christi Beach Task Force • The Harbors Homeowners Association, Inc. • Corpus Christi Beach Association • Coastal Bend Bays & Estuaries Program • Bay Area Smart Growth Initiative • Regional Transit Authority • USS Lexington • Texas State Aquarium • Corpus Christi Convention and Visitors Bureau S. Describe how your entity plans to ensure the project's long-term success (e.g., maintenance plans, future enhancement plans) after the contract and funding have expired. Provide an estimate of future operation and maintenance costs and/or describe if future enhancements are planned. Describe the options for funding this work. project will develop an action plan identifying and prioritizing tasks and more importantly identifying J partners. Estimation of future operation and maintenance costs will be provided in the analysis phase of project. in the fiuiding strategy phase, funding options and applicability will be evaluated including but limited t;. granas, local match and third party contribution. 9. Provide a brief summary of your entity's history with administering state/federal grants. If your entity has not previously received state/federal grants, why does your entity feel that it is capable of administering this ro.. ct? _(points - Score will also be based on Reviewers' knowledge of the entity's grant history.) The City of Corpus Christi administers millions of dollars of public works projects every year. The City uses standard bidding and other procurement procedures, defined by state law, to hire engineers, architects, and construction companies. The City's annual budget (2010-2011) is approximately $20?, 864,117 in the general fund. in 2010, the City received $87,557,065 in federal fundi.:g and expended $25,159,418 -in tli»t year. The City received the Coastal Management Program Grant contract for the City's Erosion Response Plan in 2010. The City is has submitted a draft plan as the final deliverable on the contract and CMP grant will close out in September 2011. —h3— 3908 i P ki a 3618 3821 �t 6 W7 f +�3'+8.13 � Ie - 4t' 3805 ] � 'w,- ^k'.`4�f✓}" 510 30f0 9013 j i •� t` 1v,. 9802 _ 3]10 A 3102 ,i � fip 3/tt 3615 Surfs' e P 3826 *-\-V, 202 '/ Surfside Park Corpus Christi, TX Project: Surfside Park Master Site Plan CMP Cycle 17 Surfside Pak 0@0.1t Some: Oepatmerdol Oevelapmere Stress I ki m -354- -355- OP""No Coastal Bend Bays & Estuaries Program, Inc. O a f 1305 N. Shoreline, Ste 205, Corpus Christi, Texas 78401-1500.361.885-6202 a 361.883-7801 (fax) >� 4P ' '"�1lARIES September 8, 2011 Ms. Melissa Porter CMP Grant Manager Texas General Land Office P.O. Box 12873 Austin, TX 78711-2873 Re: Sur .ide Park Master Site Plan Dolphin Park Master Site Plan Dear Ms. Porter: It is my pleasure to write a letter in support of the grant applications for the Surfside Park r -Waster Site Plan and the Dolphin Pork %Faster Site Plan projects. Bach of these projects are located on Corpus Christi Beach and are being submitted by the Comprehensive Planning Department of the City of Corpus Christi. Project ranking is as follows: 1. Surfside Park Master Site Plan 2. Dolphin Park Master Site Plan The Corpus Christ community has an opportunity to reclaim our relationship with Corpus Christi Beach. Both projects will plan for public shoreline access, physically connecting the park open space to the waterfront. There is a unique opportunity to plan for shoreline access to the built environment while ensuring protection of the coastal natural resource areas (CNRAs). As part of each project, a component will be to develop guidance for use in development of interpretive signage to promote environmental awareness of the coastal resources. In conclusion, I fully support the efforts of the Comprehensive Planning Department as they seek external funding for projects designed to ensure and enhance shoreline beach access. Sincerely, A0ua� Alley Ray Allen Executive Director W-eit our website - wmAl.cbbep.org —356— September 9,2011 MIS. Melissa Porter CMP Grant Manager Texas General Land Office P.0, Box• 12873 Austin, TX 78711-2873 Re: Sudside Park Master Site Plan Dolphin PWk Master Site Plan Dear Ms. Porter Itis my pleasure to write a letter in support of the grant applications for the Suriside. Park Master Site Plan and the Pollifilp Park tV1aRtQr Site Plan projects. Paoli of these: projects are located on Corpus Christi Beach and are being submitted by the Comprehensive.Planning , Department of the City of Q .pus: Christi, to the CMP Grants Program, overseen by theC astill Coordination Council sjul administered by the Texas General Land Office. Project ranking is as follows: 1. Surfside Park Master Ate.Ftari 2. Dolphi iParkMasterSite- Plan The National Oceanic, and Atmospheric Department of Commerce have dovolo,go.d for coastal communities. Tkc proposed elements; Association in coordination with ffijY US report incorporatingrt growth .,laments smart proadcts are consistent with the following ELEMENT 5: Foster distinctive, attractive communities with .a strong sense of place that fapitializos on the waterftw! heritage ELEMENT 5: Preserve open space, farmland, natural beauty, call onvil IAN0067b andkitd the 460 f0moental areas that C support coastal and waterfront communities laE1VfENT 7; Strengthen and direct development toward existing communities and encourage waterfront revit4i !on. ELEMENT 9. Make development decisions predictable, fairi and cost-effective through consistent policies and cortirdmated permitting processes • ELEMENT 10: community and stakeholder collaboration in development decisions, ensuring that public interests in and rights of access to the waterfront and coastal waters are uphold The Corpus Christ epmmunity has an opportutrEr to reclaim our 170140048111P with Corpus Q1140 Peach, Both projects will plain for sliftli-pe access, physically 11Y p- connecting the park open to the waterfront. We have a .: unique opportunity 4o plan for shoreline access to the, built environment while ensuring protection of thecoastal natural resource areas (C'NRAs). Witfi,coiurqunjfy do4stAkelid.140 061164oreitldn, th6iie phojocts will also plan.the framework for waterfront revitalization and ecotourism opportunities. In conclusion, I fully support the efforts of the Comprehensive Pliuming Department as they seek, external funding for projects designed to ensure and enhance shoreline beach access. Vibrant waterfronts are staples of healthy —357— September 2, 2011 Ms. Melissa Porter CMP Grant Manager Texas General Land Office P.O. Box 12873 Austin, TX 78711-2873 Re: Surfside Park Master Site Plan Dolphin Park Master Site Plan Dear Ms. Porter: It is my pleasure to write a letter in support of the grant applications for the Surfside Park Master Site Plan and the Dolphin Park Master Site Plan projects. Each of these projects are located on Corpus Christi Beach and are being submitted by the Comprehensive Planning Department of the City of Corpus Christi, to the CMP Grants Program, overseen by the Coastal Coordination Council and administered by the Texas General Land Office. Project ranking is as follows: 1. Surfside Park Master Site Plan 2. Dolphin Park Master Site Plan The Corpus Christ community has an opportunity to reclaim our relationship with Corpus Christi Beuch. Buih projects will plan for shoreline access, physically conaecting the park open space to the waterfront. We have a unique opportunity to plan for shoreline access to the built environment while ensuring protection of the coastal natural resource areas (CNRAs). With community and stakeholder collaboration, these projects will also plan the framework for waterfront revitalization and ecotourism opportunities. As a director of the Beach Association, an association of residents, we have voted to support the Master Plans for parks on Corpus Christi Beach and feel it will invite future residents and visitors to our area In conclusion, I fully support the efforts of the Comprehensive Planning Department as tney seek external funding for projects designed to ensure and enhance shoreline beach access. Vibrant waterfronts are staples of healthy coastal communities and any project providing physical access to our waterfrcnt will be a bereft for our community. Sincerely, Corpus Christi Beach Association ioAnn Gilbertson Secretary -358- September 2, 2011 Ms. Melissa Porter CMP Grant Manager Texas General Land Office P.O. Box 12873 Austin, TX 78711-2873 Re: Surfside Park Master Site Plan Dolphin Park Master Site Plan Dear Ms. Porter: It is my pleasure to write a letter in support of the grant applications for the Surfside Park Master Site Plan and the Dolphin Park Master Site Plan projects. Each of these projects are Iocated on Corpus Christi Beach and are being submitted by the Comprehensive Planning Department of the City of Corpus Christi, to the CMP Grants Program, overseen by the Coastal Coordination Council and administered by the Texas General Land Office. Project ranking is as follows: 1. Surfside Park Plaster Site Plan 2. Dolphin Park Master Site Plan The Corpus Christ community has an opportunity to reclaim our relationship with Corpus Christi Beach. Both projects will pian for shoreline access, physically connecting the park open space to the waterfront. We have a unique opportunity to plan for shoreline access to the built environment while ensuring protection of the coastal natural resource areas (CNRAs). With community and stakeholder collaboration, these projects will also pian the framework for waterfront revitalization and ecotourism opportunities. As a key player in working with the City to develop area development plan for Corpus Christi Beach, I believe these grants will help make our beautiful beach accessible to all visitors and future residents. Wheelchair accessible kayak launch and wheelchair access to the beach and new trails in the Dolphin park wet lands will mean so much to so many. Twenty percent (20%) of our population has a special need. The plan for Corpus Christi Beach gives a broad vision for Surfside Park including allowing swimming without the fear of jelly fish and including education on saltwater fishing. This project will formalize the master site plan. Alot of thought has been given to what projects will best serve the public. In conclusion, I fully support the efforts of the Comprehensive Planning Department as they seek external funding for projects designed to ensure and enhance shoreline beach access. Vibrant waterfronts are staples of healthy coastal communities and any project providing physical access to our waterfront will be a benefit for our community. Sincerely, Corpus Chisti Beach Task Force JoAnn. Gilbertson Developer -359- —360— August 29, 2011 General Land Office pE!►fi1=s' City. of Coastal Management Program k7aC:, TIRN CQuS To Whom It May Concern,Chilsti The City of Corpus Christi Comprehensive Planning Division is applying for a Cycle # 17 .Coastal Management Program Grant to assist with the development of a master site plan for Surfside Park. P.4llNladREG!!�1!9N 11FPA!IiA9EN Beyond our own grant submittal for improvements to Hans Suter Park, the Corpus Christi Parks and keereat on Depar[ment alsq supports the Comprehensive Plamiing Po Box 9.277 Division's application for assistance. The Corpus Christi Beach area is a component of the Department's Master Plan for development and improvement. corpus Chiisti Texas ie4iz52i7 _ , , lf. you have any qucstions:pr need ar y fUrthe.� . iniurmation, plenso contact out Phono,3SI.G26.ai66 department at (361)8263461. a� 351 R26;3RE4 www.cctctas:ccm Respectfully,. www ccpazksndreecom Live. Learn. Playl Michael Morris Director —360— Che Grant Mo!logor Texas General Land Office A h Pok"Ii873 Austlul 71W 79711-2873 Re: Surfside Park Master Site Plan Dolphin Park Master Site Plan Dear Ms. Porter: The FfOOPrs H-oMeownors A0000k.Inc.. -010,0 Rartlan.d..IX 78374. August 1, 2011 I am wasting left4suPPOrt Of the grantRPORcalJO0 for the. Surfside PtwkWo $teFlan and the Dolphin FarkMaster°• Site Phm.Projectsm 1�0 of PrWects are located on Carpus C Bnch.apd are being pubm' Wed by the Comprehensive Planning bqorfmant OftW City of Corpus Oil irl s ti. to t he, -C MP; Gr. a I a s Pro a M m by "-W C, Ord* -,overseen Coastal LO, WRUQACOW0i1wdad"sierqdb3 the Twos General Land Office lt' " drankin IWO, tanking 1. Surfside Park masw Site an P1 , - 2. Dolphin, Park Master Site Platt The C Chrid community has 44 op PorWt .Orpus conm y to reclaim our relationship with Corpus Christi Beach, Both Projects will plan for ihoie6c; ac6esp,, p4y'sicilffy connecting the park open 'to,the waterliont. space We have 4 unique opportunity topianshoreline OPPO Yt I ink shordl ovitotimew while ensuring proteoflon,of the coastalnatural TOW - alreas, ,(PNRAs With community acct sa6hold6k colts6dratio4i these projects O plantio OindUOA for waterfront I n;rsmW The HwObQrs flomeovvnrrs Association is the largest a*, 0 'caAt s Jon. of single fawdy homes onCorpLs Christi •Beach and strongly supports ization of Corpus CMati Bqachvjll make Corpus Christi Beach, maldng it a more livable place for both. permanent residentg4nd the 1,000s of tourist who visit each year. In conclusion, the Harbors Homeowners Association fUffy4sUppo the efforts Comprehensive. I . . s rts tS of the Planning Department 4ste,ys 'k M' alft&,rib!rp� jepis designo M 0 W. _t9ensure an enhance shoreline beach access. Vibrant waterfrontsaro. staples of heal coastal communities 04 Any project providing physical, access to our waterfront will be ,'& benefit for our community. Har 6ofs Homeowners Association —361— September 12, 2011 Ms. Melissa Porter CMP Grant Manager Texas General Land Office P.O. Box 12873 Austin, TX 78711-2873 Re: Surfside Park Master Site Plan Dolphin Park Master Site Plan Dear Ms. Porter: It is my pleasure to write a letter in support of the grant applications for the Surfside Park Master Site Plan and the Dolphin Park Master Site Plan projects. Each of these projects are located on Corpus Christi Beach and are being submitted by the Comprehensive Planning Department of the City of Corpus Christi, to the CMP Grants Program, overseen by the Coastal Coordination Council and administered by the Texas General Land Office. Project ranking is as follows: 1. Surfside Park Master Site Plan 2. Dolphin Park Master Site Plan The Corpus Christ community has an opportunity to reclaim our relationship.with Corpus Christi Beach. Both projects will plan for shoreline access, physically connecting the park open space to the waterfront. We have a unique opportunity to plan for shoreline access to the built environment while ensuring protection of the coastal natural resource areas (CNRAs). With coastal communities continuing to grow rapidly in face of significant environmental changes, it is imperative for proper site planning in future developments and redevelopments along sensitive coastal areas. The Surfside and Dolphin Park Master Site Plans will aid in protecting environmentally sensitive areas and resources, while ensuring public access to the beach is reserved for the local community. In conclusion, I fully support the efforts of the Comprehensive Planning Department as they seek external funding for projects designed to ensure and enhance shoreline beach access. Vibrant waterfronts are staples of healthy coastal communities and any project providing physical access to our waterfront will be a benefit for our community. Sincerely, Heather B. Wade Coastal Community Development Agent Texas Sea Grant Mission -Aransas National Estuarine Research Reserve —362— September 19, 2011 Ms. Melissa Porter CMP Grant Manager Texas General Land Office P.O. Box 12873 Austin, TX 78711-2873 Re: Surfside Park Master Site Plan Dolphin Park Master Site Plan Dear Ms. Porter: It is my pleasure to write a letter in support of the grant applications for the Surfside Park Master Site Plan and the Dolphin Park Master Site Plan projects. Each of these projects are located on Corpus Christi Beach and are being submitted by the Comprehensive Planning Department of the City of Corpus Christi, to the CMP Grants Program, overseen by the Coastal Coordination Council and administered by the Texas General Land Office. Project ranking is as follows: i 1. Surfside Park Master Site Plan 2. Dolphin Park Master Site Plan The Corpus Christ community has an opportunity to reclaim our relationship with Corpus Christi Beach. Both projects will plan for shoreline access, physically connecting the park open space to the waterfront. We have a unique opportunity to plan for shoreline access to the built environment while ensuring protection of the coastal natural resource areas (CNRAs). Our mission here at the Texas State Aquarium is to connect people with nature and inspire conservation of the Gulf of Mexico. This project clearly supports our mission. In conclusion, I fully support the efforts of the Comprehensive Planning Department as they seek external funding for projects designed to ensure and enhance shoreline beach access. Vibrant waterfronts are staples of healthy coastal communities and any project providing physical access to our waterfront will be a benefit for our community. Sincerely, Tom Schmid President & CEO Texas State Aquarium —363— Resolution authorizing the City Manager, or designee, to submit a grant application to the Texas General Land Office's Coastal Management Program, in the amount of $31,599.24 for development of a master site plan for Dolphin Park, located on the central portion of Corpus Christi Beach, with a City in-kind match of $21,066.16, and a total project costs of $52,665.40. Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager, or designee, is authorized to submit a grant application to the Texas General Land Office's Coastal Management Program in the amount of $31,599.24 for development of a master site plan for Dolphin Park, located on the central portion of Corpus Christi Beach . The City match for this grant is an in-kind services match of $21,066.16, and a total project costs of $52,665.40. Section 2. The City Manager, or designee, may accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. Attest: Armando Chapa City Secretary Approved: 15th day of September, 2011. R. J � fining First Assistant City Attorney For City Attorney Dolphin Park grantres 09152011.doox City of Corpus Christi Joe Adame Mayor —364— Resolution authorizing the City Manager, or designee, to submit a grant application to the Texas General Land Office's Coastal Management Program, in the amount of $31,097.04 for development of a master site plan for Surfside Park, located on the central portion of Corpus Christi Beach, with a City in-kind match of $20,731.36, and a total project costs of $61,828.40. Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager, or designee, is authorized to submit a grant application to the Texas General Land Office's Coastal Management Program in the amount of $31,097.04 for development of a master site plan for Surfside Park, located on the central portion of Corpus Christi Beach . The City match for this grant is an in-kind services match of $20,731.36, and a total project costs of $51,828.40. Section 2. The City Manager, or designee, may accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. Attest: Armando Chapa City Secretary Approved: 15th day of September, 2011. R. J,4 Reei�' ing Fir6t Assistant Ci Attorney For City Attorney Surfside Park grantres 09152011.docx City of Corpus Christi Joe Adame Mayor —365— Resolution authorizing the City Manager, or designee, to submit a grant application to the Texas General Land Office's Coastal Management Program, in the amount of $31,097.04 for development of a master site plan for Surfside Park, located on the central portion of Corpus Christi Beach, with a City in-kind match of $20,731.36, and a total project costs of $51,828.40. Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager, or designee, is authorized to submit a grant application to the Texas General Land Office's Coastal Management Program in the amount of $31,097.04 for development of a master site plan for Surfside Park, located on the central portion of Corpus Christi Beach . The City match for this grant is an in-kind services match of $20,731.36, and a total project costs of $51,828.40. Section 2. The City Manager, or designee, may accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. Attest: Armando Chapa City Secretary Approved: 15th day of September, 2011. R. J R ' ing Fi tAs istantCit Attorney For City Attorney Surfside Park grantres 09152011.docx City of Corpus Christi Joe Adame Mayor -366- Corpus Christi, Texas Of 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott Surfside Park grantres 09152011.docx -367- 2 Resolution authorizing the City Manager, or designee, to submit a grant application to the Texas General Land Office's Coastal Management Program, in the amount of $31,599.24 for development of a master site plan for Dolphin Park, located on the central portion of Corpus Christi Beach, with a City in-kind match of $21,066.16, and a total project costs of $52,666.40. Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager, or designee, is authorized to submit a grant application to the Texas General Land Office's Coastal Management Program in the amount of $31,599.24 for development of a master site plan for Dolphin Park, located on the central portion of Corpus Christi Beach . The City match for this grant is an in-kind services match of $21,066.16, and a total project costs of $52,665.40. Section 2. The City Manager, or designee, may accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. Attest: Armando Chapa City Secretary Approved: 15th day of September, 2011. R. J fining First A sistant City Attorney For City Attorney Dolphin Park grantres 09152011.docx City of Corpus Christi Joe Adame Mayor Corpus Christi, Texas Of 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott Dolphin Park grantres 09152011.doox —369— 2 30 DATE: 9/14/2011 AGENDA MEMORANDUM for the City Council Meeting of October 11, 2011 TO: Ronald L. Olson, City Manager FROM: Eddie Ortega, Director of Neighborhood Services ijo EddieO@cctexas.com 361-826-3234 Acceptance of grant award, authorize execution of agreements, and appropriate funding for FY 2011 Consolidated Annual Action Plan (CARP) which consists of Community Development Block Grant, Emergency Shelter Grant Proaram. and HOME Investment Partnerships Proaram CAPTION: A. Resolution ratifying acceptance by the City Manager or his designee of grants from the U.S. Department of Housing and Urban Development ("HUD") for the 2011 Consolidated Annual Action Plan ("Plan") which consists of the Community Development Block Grant Program ($3,921,174), Emergency Shelter Grant Program ($148,436), and HOME Investment Partnerships Program ($2,336,552), and authorizing the execution of all documents necessary to implement the Plan as authorized by HUD. B. Ordinance appropriating grants from the U.S. Department of Housing and Urban Development in the No. 1059 Grant Fund for approved 2011 community planning and development projects as follows: $3,921,174 for the Community Development Block Grant Program; $148,436 for the Emergency Shelter Grant Program; and $2,336,552 for the.HOME Investment Partnerships Program; and declaring an emergency. C. Motion ratifying the 2011 Emergency Shelter Grant Program funding agreements to be effective August 1, 2011. BACKGROUND AND FINDINGS: On January 11, 2011, City Council approved the following critical path schedule for the FY2011 CAAP January 3, 2011 Release Pre -Application form (CDBG, ESG and HOME) January 21, 2011 Deadline to submit the Pre -Application form (Mandatory for CDBG, ESG and HOME Programs) January 31, 2011 Release Full Application (Request for Proposal) for the CDBG, ESG and HOME Programs February 25, 2011 Deadline to submit Full Application (Request for Proposal) April 1, 2011 Forward to City Council FY2011 CAAP books April 12, 2011 City Council Public Hearing — Proposed FY2011 CAAP with Staff Recommendations for Full Applications submitted April 19, 2011 City Council Adoption — FY2011 CAAP On August 31, 2011, the City of Corpus Christi executed FY2011 CAAP funding grant agreements with HUD. Now that the FY2011 GAAP funding is readily available, Staff has authorization on appropriating the funds to those approved subrecipient entities. Subsequently, staff is recommending to accept, implement and execute the 2011 CAAP as appropriate related to Grant funding. —373— ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required for acceptance of grants, authorize the execution of agreements, and appropriation of funding. EMERGENCY/NON-EMERGENCY: This item requires one reading and according to Article II, Section 14 of the City Charter is classified as an "emergency" because it calls for an "immediate action necessary for the efficient and effective administration of the city's affairs." DEPARTMENTALCLEARANCES: Legal Finance — Federal Grants and Office of Management and Budget FINANCIAL IMPACT: Revenue Fund(s): Comments:The future funding of the Community Planning and Development grants by the U.S. Department of Housing and Urban Development is contingent on the budget appropriated by Congress on an annual basis, therefore an actual amount approved in future years cannot be predicted. Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Project List Resolution Ordinance -374- Project to Date Expenditures Fiscal Year: 2011-2012 CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount Contingent upon This item $6,406,162 Congress approp. $6,406,162 Contingent upon BALANCE $6,406,162 Congress approp. $6,406,162 Fund(s): Comments:The future funding of the Community Planning and Development grants by the U.S. Department of Housing and Urban Development is contingent on the budget appropriated by Congress on an annual basis, therefore an actual amount approved in future years cannot be predicted. Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Project List Resolution Ordinance -374- Approvals: Elizabeth Hundley, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager -375- CITY OF CORPUS CHRISTI FY2011 CONSOLIDATED ANNUAL ACTION PLAN FY2011 CDBG Allocation $3,054,750 Reprogrammed Funds $166,424 Program Income from Rehabilitation Program (Revolving Fund) $700,000 TOTAL FUNDS AVAILABLE FOR FY2011 CDBG PROGRAM $3,921,174 PROJECT & DESCRIPTION Project# city Connell Adopt Accessible Routes in CDBG Residential Areas Phase 2 This project involves providing accessible routes in CDBG residential areas which do not have sidewalks but heavy pedestrian traffic. This project will provide approximately 5140 linear feet of 851209 $100,000 4 to 5 foot wide sidewalks and approximately 20 curb ramps along the following streets: Wilson Lane/Westland Dr to Bartlett Dr. 1610 LF, Yerby Circle/Entire Street both sides 900 LF. Flour Bluff Drive/SPID to Sun Bird St 2630 LF. CDBG Program Administration This project will fund staff salaries and administrative costs. Staff is responsible for administering the Community Development Block Grant (CDBG), the HOME Investment Partnership (HOME) and Emergency Shelter Grant (ESG) Programs. Continuum of Care (COFC) and the Homeless Prevention and Rapid Rehousing Program (HPRP). Staff interprets CDBG, HOME, ESG, COFC 851201 $401,374 and HPRP federal regulations, conducts public hearings/meetings, reviews propose projects and activities to determine funding, eligibility, monitors Subrecipients, provides technical assistance, conducts environmental assessments of funding projects/activities and enforces Davis Bacon Federal wage rete requirements. Clearance of Vacant Properties Program This project consists of clearance of vacant properties in regards to the removal of accumulation of litter and solid waste and the mowing of high weeds and dangerous weeds. The abatement of 851206 $200,000 unsightly and unsanitary matter in all CDBG eligible areas to include Neighborhood Initiative Program Areas and Model Block. The City may charge an abatement cost and place a lien against the properties to cover the cost incurred. Code Enforcement Program The Code Enforcement, Neighborhood Initiative (NIP) & Model Block Programs (MBP) request is for salaries to support the current staff. In this amount is included a total of $13,000 for training through classes, seminars and/or conferences for education opportunities and for certifications required for code enforcement Training opportunities will also be essential for staff to accomplish the goals of both the NIP and MBP. The Property Advisors and Zoning Project Coordinators (both have Code Enforcement duties) are responsible for inspecting properties within CDBG Target Areas for violations of approximately seventy five (75) City Code and Health Ordinances. The Zoning project Coordinators implement a comprehensive approach to 851203 $325,000 coordinate City Services and programs to address specific needs of each neighborhood. The sustainability efforts for these neighborhoods need continued monitoring and citizen compliance; inspection are conducted on particular code violations. The Program Administrator oversees all functions of revitalization efforts for the Model Block Program and the implementation and sustainability efforts for the Neighborhood Initiative Program; the Zoning & Code Enforcement Administrator oversees all functions of the Code Enforcement Division. These programs support the City Council's objective of enhancing the City of Corpus Christi "Pride" efforts through revitalization and sustainability efforts for NIP Sites. (6.5 Staff Members @$1,000.00=6,500.00). Comprehensive Planning Assistance Comprehensive Planning includes development of City Area Development Plans, Master Plans and plan implementation programs required by City Charter. Comprehensive Planning also encompasses work related assessments for capital improvement planning, annexation 851216 $25,000 disannexation, and coastal management including Beachfront Construction Certificates and Dune Protection Permits. The Planning Division also reviews new subdivisions, rezonings and site plans for compliance with the City's adopted Comprehensive Plan. -376- PROJECT & DESCRIPTION - _ - - Project # ,Cdy CouncII Adopt Demolition Program This program consists of demolition of substandard structures determined to be health and safety issues 51 % or more deterioration of the general structure. The demolition of these structures is an abatement measure as deemed necessary by the Building Code and Public Safety Officials. The removal of unsafe structures is a priority for neighborhood revitalization within the community and as a goal established by City Council for livable neighborhoods. Each 851207 $200,000 Structure will be assessed and surveyed as building case, providing the property owner an opportunity to resolve the substandard conditions within the parameters of the City's Building Codes. The Substandard structures were demolished under the following: Building Standards Board, Emergency Demolitions and Demolition Grant program. The City may charge an abatement cost and place a lien against the properties to cover the cost incurred. Emergency Home Repair Grant Program Emergency repair grants up to $6,500 for repairs and up to $4,500 for based paint remedial activities. Work is limited to roof repairs, plumbing electrical, heating, minor structural repairs, and lead based paint remedial activities required by HUD regulations on houses built prior to 1978. Lead based activities may include actual work or testing required to meet the lead based 851208 $200,000 paint requirements. Assistance through this program is provided to very low income homeowners who are provided to low income homeowners who are 65 years old or older or disabled, and income. Work is limited to roof repairs, plumbing, electrical, heating and minor structural. Requesting $660,000 to assist approximately 60 homeowners. Ethel Eyeriy Senior Center Remodeling of the restrooms in the center to increase the number of stalls in each restroom by adding a building addition. This install would allow the restroom to be upgraded to full ADA accessibility standards and would help handle to heavy customer usage. Additional office space and a storage room for the center with the increased usage at the center. 2. New HVAC systems 851210 $100,000 are needed for the building. The HVAC is at the end of its service life and needs replacement 3 HVAC Units, a 7.5 ton and 2-10 tan units Outside and Inside equipment. 3. The exterior entrance way to the building has a file fascia and the weather has taken a toll. Repair and/or redesign is needed. This area will be affected by the addition to the building and would need to be addressed as part of the Restroom and office space expansion. Mortgage Servicing Staff salaries and operational funding of our Mortgage Servicing section. This section manages the servicing of all loans provided through the Single Family Rehabilitation Loam Program. Services includes collection loan payments; escrowing of insurance and property taxes; paying of insurance and property taxes; providing Tax Forth 1098; preparing end of year escrow analysis; 851204 $80,000 daily posting of payments; and providing release of liens on loans that are paid off. Increases in self Insurance and Group Insurance have been worked into this budget request Rehabilitation Services This is the operating budget for staff that service the various housing programs included are staff salaries. Staff provides services for the Single Family Rehabilitation Loan Program; Emergency Home Repair Grant Program; $5,000 Homebuyer Programs; Support services for the 4A Affordable Housing Program ,Corpus Christi Community Development Corporation and Nueces 851202 $622,000 County Community Action Agency homebuyer program. Staff services include loan counseling, Homebuyer Educational Classes, developing project specifications, project management, and estimating project cost. Requesting $740,000 for FY 11-12. Increases over last year's funding is due to new federal regulations requiring licensing of loan processors as loan originators requiring mandatory training; increase in self insurance, group insurance, and in-direct costa Residential Traffic Management Program In April 1998, the City Council approved the Residential Traffic Management Program (RTMP) which provides for installation of speed humps to improve neighborhood traffic safety on local residential streets. This program includes the possibility for residents to share in the cost of the installation of speed humps under certain conditions. The purpose of this request to allocate 851214 $10,000 CDBG funds to bear the residents'share of installation of costs in qualified CDBG eligible tracts. The City of Corpus Christi will still bear the expense of the City's share of the installation costs (which may range from 0% to 100%). Thus far, since the inception of the RTMP, residential neighborhoods in CDBG areas have not elected or been able to participate in the RTMP due to difficulty in obtaining the residents'share of the cost -377- PROJECT & DESCRIPTION Project# City Council'Main Single Family Rehabilitation Loan Program The Single Family Rehabilitation Loan Program benefits only low and very low income homeowners. The Program provides zero percent and three percent interest loans to homeowners interested in rehabilitating their homes. Funds requested will be used to provide loans; demolition; relocation of homeowners being assisted with the reconstruction of their 851227 $700,000 homes; and to pay for lead base paint remedial activities in order t comply with HUD regulations. The funds provided for demolition, relocation, and lead base paint activities are provided as a grant to the homeowner. Requesting funds for loans, relocation, demolition and lead based paint remedial activities (may include work and testing. We estimate being able to assist six (6) for demolition/reconstruction and five (5) homeowners for rehabilitation. Amistad Community Health Center Amistad Community Health Center located at 1533 S. Brownlee Blvd. is requesting funding to renovate a portion of the first floor space of our building to accommodate 6 additional patient exam rooms for adult primary health care services. Amistad 851211 $31,024 Community Health Center serves a primarily low-income, uninsured, and medically underserved population, and these additional exam rooms would allow Amistad to expand services to additional adult patient. Boys and Girls Club of Corpus Christi Complete the two parking lots at the North and South ends of the Sports Complex located at 851212 $44,244 3902 Greenwood Drive. Express Soccer is played at the South and Kickball at the north of the complex. The parking lots were begun 2003 as part of Phase 1 of development Coastal Bend Alcohol & Drug Rehabilitation Center d/b/a/ Charlie's Place In order the provide state mandated structured activities to clients in substance abuse treatment, Charlie's Place request located at 5501 IH 37 @ Mc Bride Lane funds to replace the old leaking 851213 $31,024 roof. Patched many times, the roof continues to leak and must now be replaced to prevent further damage to the building. The area is approximately 20,678 sq it Coastal Bend Center for Independent Living The project shall provide barrier removal to include building wheelchair ramps and home 851215 $99,234 modifications for individuals with disabilities Corpus Christi Hope House Replace all exterior fencing and gates: installation of two energy efficient water heaters; repair trim and drywall, paint interior and exterior of Resource Center, replace doors, trim, drywall and 851217 $46,934 paint shelter at 630 Robinson Street This will benefit up to 30 homeless women and children daily. Corpus Christi Metro Ministries The project entails re -roofing the buildings located at 1919 Leopard St., which provides programs 851218 $24,234 for Rustic House, Gabbard Clinic and Vineyard Social & Employment services. Capital Contribution $2,500 Del Mar College/Business Resource Center Small business counseling & training assistance at the facility located at 3209 S. Staples; 851205 $169,234 assistance with job creationfretention opportunities for Low to Moderate Income (LMI) & Section 3 persons/business, provide outreach/marketing efforts to better reach LMI'S. Gonzalez Foundation, Inc. This project will provide funding for existing roof replacement at the Gonzalez Education and 851219 $92,234 Recreation Center Bldg. located at 702 S. Brownlee Blvd. Corpus Christi, 78401. Mental Health Mental Retardation Center of Nueces County Remove and replace the old damaged, leaking and energy inefficient windows at 1546 S. 851220 $94,234 Brownlee (front and side windows of the building). Mother Teresa Shelter, Inc. For the renovation of a public Transitional Housing that will provide housing for 24 individual men 851221 $74,234 for a period of 18-24 months. In addition, the facility will provide critical supportive services needed for re-entry into the community. Nueces County Community Action/Weatherization/Minor Home Repair Twenty Seven (27) yery low income homes will be targeted for minor home repairs and 851222 $74,234 weathenzation making home more energy efficient Sea City Work Camp Adult and youth groups rehabilitate homes for approximately 20 low income, disabled and /or 851223 $44,234 elderly homeowners in Corpus Christi. -378- PROJECT & DESCRIPTION Protect# 4CI1yCouneii'Adopt Universal Little League Would like to provide adequate sidewalks to enable the spectators with disabilities to safely and comfortably walk or use mechanical equipment to support their family at their facility located at 851224 $44,234 4035 Greenwood Drive. Shaded bleachers with ADA area to protect from ultra violet rays or rain, also, includes improving the roof system. Wesley Community Center Our current outdated air conditioning and heating systems are in dire need of upgrading to 851225 $44,234 energy efficient units at their facility located at 4015 MacArthur. Westside Business Association This project aims to increase security and safety measures at the Antonio E. Garcia Arts S Education Center located at 2021 Agnes. The proposal includes steps to improve lighting and 851226 $44,234 the installation of security cameras and gates for parking entrances. It also includes a fence for the Garcia Park. TOTAL CDBG PROGRAM $3,821,174 -379- ADOPTED FY2011 EMERGENCY SHELTER GRANT (ESG) PROGRAM IFY201 1 ESG Allocation $148,436 PROJECT 9 DESCRIPTION aaopt4 Catholic Charities of Corpus Christ! Provision of Homeless Prevention including short term subsidies, security deposits or 1st month's rent, mediation programs, legal services and 8134130 $13,585 payments to prevent foreclosure on a home. City of Corpus Christi - ESG Administrative Cost Administrative cost is being requested in essence to offset cost for the participation in the Homeless Management Information System (HMIS). 804131 $7,420 HMIS is a Mandated database for those agencies receiving ESG, Homeless Prevention & Rapid Rehousing Program and Continuum of Care Grant Program Funds. Coastal Bend Alcohol & Drug Rehabilitation Center d.b.a. Charlie's Place Provision of Essential Services including services concerned with 804132 $13,585 employment, physical health and education for the homeless. Payment of maintenance and operations including rent, insurance, utilities and furnishings. Corpus Christi Hope House Provision of Essential Services including services concerned with employment, physical health and education for the homeless. Provision of Homeless Prevention including short term subsidies, security deposits or 804133 $13,585 1st month's rent, mediation programs, legal services and payments to prevent foreclosure on a home. Payment of maintenance and operations including rent, insurance, utilities and furnishings. Corpus Christi Metro Ministries Provision of Essential Services including services concerned with employment, physical health and education for the homeless. Provision of Homeless Prevention including short term subsidies, security deposits or 804134 $29,836 1 st month's rent, mediation programs, Legal services and payments to prevent foreclosure on a home. Payment of maintenance and operations including rent, insurance, utilities and furnishings. Mary McLeod Bethune Day Nursery, Inc. Provision of Essential Services including services concerned with employment, physical health and education for the homeless. Payment of 804135 $13,585 maintenance and operations including rent, insurance, utilities and furnishings. Recovery Contacts, Inc. Provision of Essential Services including services concerned with employment, physical health and education for the homeless. Payment of 804136 $9,835 maintenance and operations including rent, insurance, utilities and furnishings. 4 1 1 MY -Tom The Salvation Army Provision of Essential Services including services concerned with employment, physical health and education for the homeless. Payment of 804137 $19,835 maintenance and operations including rent, insurance, utilities and furnishings. Community Center Payment of maintenance and operations including rent, insurance, utilities and furnishings. Shelter of South Texas Provision of Essential Services including services concerned with employment, physical health and education for the homeless. Provision of Prevention including short term subsidies, security deposits or 1 st month's rent, mediation programs, legal services and payments to prevent foreclosure on a home. Payment of maintenance and operations rent, insurance, utilities and 804138 804139 $13,585 $13,585 IESG PROGRAM TOTAL I { $148,436 I -381- ADOPTED FY2011 HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM FY2011 HOME Allocation $1,566,552 Reprogrammed Funds $770,000 TOTAL FUNDS AVAILABLE FOR FY2011 HOME PROGRAM $2,336,552 Pf�OJECi & DESCRIPTION` mtrancri d�d0pf , CCCIC/CCHFC" Homebuyer Assistance Program (;5,000) Provide deferred forgivable loans to low income homebuyers to assist them with down $100,000 payment and closing costs for the purchase of a home. Home Administration/Technical Assistance Administrative funds for staffing, planning, oversight, coordination, staff supervision, monitoring and evaluation, contracting, recordkeeping/reporting and overall program $156,655 management. Technical assistance will be provided to enhance the capacity of CHDO's, non- profits, ownerslnvestors of rental property and other organizations that may participate in the program. May include administrative funds for direct operating support for the CHDO's. Major Rehabilitation Provide loans to low income homeowners to assist them with major rehabilitation of their $764,897 homes. Wesley Community Center Plans to renovate the former convent area of the facility as permanent housing for homeless $150,000 women with young children moving from transitional and emergency shelters. Nueces County Community Action Agency(NCCAA)- HOME Revolving fund To structure a perpetuating source of working capital to develop affordable housing projects in $300,000 the community. All projects wall target households at 80% or below the AMt. Funds will be used for property acquisition, interim financing and/or resident lending. The Palms at Leopard This project will be a new constriction 120 unit multifamily development on +/- 8.23 acres. The development will be financed primarily through LIHTC funding, with private debt and HOME $865,000 funds through the City of Corpus Christi. While the development will be open to families at 30%, 50%, and 60% of AMI it is anticipated that this development will replace North side Manor, which has become a substandard property for the residents of that development. HOME PROGRAM TOTAL $2,336,552 " Subrecipient's/Other Entities/CHDO's are contracted thru the CCCIC or the CCHFC —382— Resolution ratifying acceptance by the City Manager or his designee of grants from the U. S. Department of Housing and Urban Development ("HUD") for the 2011 Consolidated Annual Action Plan ("Plan") which consists of the Community Development Block Grant Program ($3,921,174), Emergency Shelter Grant Program ($148,436), and HOME Investment Partnerships Program ($2,336,552) and authorizing the execution of all documents necessary to implement the Plan as authorized by HUD. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Council ratifies acceptance by the City Manager, or his designee, of grants from the U. S. Department of Housing and Urban Development ("HUD") for the 2011 Consolidated Annual Action Plan ('Plan"), which consists of the Community Development Block Grant Program ($3,921,174), the Emergency Shelter Grant Program ($148,436), and the HOME Investment Partnerships Program ($2,336,552) and authorizes the execution of all documents necessary to implement the Plan as authorized by HUD. ATTEST: Armando Chapa City Secretary APPROVED: September 14, 2011 v`f ElizaVgth R. Hundley Assistfint City Attorney for the City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor EHres297 Fed Grant Funding FY1112 20110914 Q Page 1 of 2 -383- Corpus Christi, Texas day of 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott EHres297 Fed Grant Funding FYI 112 20110914 v2 Page 2 of 2 Ordinance appropriating grants from the U. S. Department of Housing and Urban Development in the No. 1059 Grant Fund for approved 2011 community planning and development projects as follows: $3,921,174 for the Community Development Block Grant Program; $148,436 for the Emergency Shelter Grant Program; and $2,336,552 for the HOME Investment Partnerships Program; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Grants from the U. S. Department of Housing and Urban Development are appropriated in the No. 1059 Grant Fund for approved fiscal year 2011 community planning and development projects as follows: $3,921,174 for the Community Develop- ment Block Grant Program; $148,436 for the Emergency Shelter Grant Program; and $2,336,552 for the HOME Investment Partnerships Program. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of .2011. ATTEST: Armando Chapa City Secretary APPROVED: September 14, 2011 i I in ffiz iiiiii, L4111111111111 Elizabexh R. HundYey Assistiht City Attorney for the City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor EHord344 Fed Grant Funding FY1112 20110914 v2 Page 1 of 2 —385— 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, Council Members 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 David Loeb John E. Marez Nelda Martinez Mark Scott EHord344 Fed Grant Funding FY1112 20110914 v2 Page 2 of 2 �. 31 DATE: 9/7/2011 TO: Ronald L. Olson, City Manager FROM: Michael Armstrong, Director of MIS MichaelAr@cctexas.com 361-826-3735 AGENDA MEMORANDUM for the City Council Meeting of October 11, 2011 Establish an interlocal cooperation agreement between the City of Corpus Christi and Regional Transportation Authority for the City to provide Information Technology system management assistance. CAPTION: Resolution authorizing the City Manager or designee to execute an Interlocal Cooperation Agreement with the Corpus Christi Regional Transportation Authority for information technology system management assistance with reimbursement of City's costs, and ratifying effective date of August 1, 2011. BACKGROUND AND FINDINGS: The Regional Transportation Authority desires to receive IT services from the City of Corpus Christi. During the month of December 2010, the RTA requested the assistance of the City of Corpus Christi's MIS Department to assist with technical support and oversight of their IT operations. On May 10, 2011 Council approved an inter -local agreement with the RTA ending July 31, 2011. Since December 2010, City MIS staff has provided 50 hours of assistance at a reimbursed cost of $1,994. As compensation for the performance of the services provided, the RTA must fully reimburse the City for all salaries and benefits due to the employees under the City's Compensation Ordinance and Benefits Plan. In addition, the RTA will allow the City access to building space for IT facilities. ALTERNATIVES: Not enter into an interlocal agreement with the Regional Transportation Authority. OTHER CONSIDERATIONS: On May 10, 2011 Council approved an agreement with the RTA for the City to provide Information Technology system management assistance through July 31, 2011. CONFORMITY TO CITY POLICY: Not applicable EMERGENCY/NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Not applicable FINANCIAL IMPACT: Revenue Fiscal Year: 2011-2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE runts/: Comments:The City will receive reimbursement of staff costs. RECOMMENDATION: Staff recommends entering into the inter -local agreement with the Regional Transportation Authority. LIST OF SUPPORTING DOCUMENTS: Resolution Interlocal Agreement Approvals: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager -390- Page 1 of 1 Resolution authorizing the City Manager or designee to execute an Interlocal Cooperation Agreement with the Corpus Christi Regional Transportation Authority for information technology system management assistance with reimbursement of City's costs, and ratifying effective date of August 1, 2011. Be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager or designee is authorized to execute an interlocal cooperation agreement with Corpus Christi Regional Transportation Authority for Information Technology System management assistance, with reimbursement of City's costs, and ratifying effective date of August 1, 2011. A copy of the agreement will be on file in the City Secretary's office. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: September 8, 2011 uC-vy..y�^-moi Lisa Aguil , Assistant City Attorney for City Attorney InterlocalRESOLUTION RTA September 2011 -391- Corpus Christi, Texas of 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott —392— I INTERLOCAL AGREEMENT FOR INFORMATION TECHNOLOGY SUPPORT This Agreement made and entered into this _day of , 2011, by and between the Corpus Christi Regional Transportation Authority hereinafter referred to as "RTA", and the City of Corpus Christi, a Texas home -rule municipal corporation hereinafter referred to as "City', under the authority and in accordance with the Interlocal Cooperation Act, as set out in Chapter 791, Texas Government Code WITNESSETH: WHEREAS, Texas Government Code, Chapter 791, authorizes local governments of the state to enter into contracts for governmental functions and services to increase their efficiency and effectiveness; and WHEREAS, the RTA and the City are local governments as defined in Texas Government Code, Section 791.003(4), have the authority to enter into this agreement, and have each entered into this agreement by the action of its governing body in the appropriate manner prescribed by law; and WHEREAS, both the City and RTA represent to one another that each respective party has the authority to enter into this agreement and perform the obligations and duties stated herein; and WHEREAS, the RTA and the City specify that each party paying for the performance of said functions of government shall make those payments from current funds available to the paying party. NOW, THEREFORE, the parties hereto agree as follows: 1. Purpose. The purpose of this Agreement is to establish the foundation for information technology ("IT") maintenance and support to be provided by the City to the RTA in exchange for reimbursement payments to be provided in accordance with Section 4 below. 2. Duties of the City. Subject to availability of sufficient City staffing and resources as determined by the City Manager or designee, the City agrees to provide the following services to the RTA for the term of this Agreement, upon written request of the RTA Chief Executive Officer, and subject to RTA payment of all costs necessary for City to complete the requested work: a. Should the RTA request, the City can assist the RTA to migrate the RTA's internet service to that of the City's. H:\MIS-DIR\ConnieB\Budget-FY1011\Agenda Items\2011-08-23 RTA ILA\2011-08-23 City RTA IT Interlocal.DOCX -393- 2 b. Should the RTA request, upgrade network infrastructure from a Layer 1 to a Layer 3 topology for improved security c. Should the RTA request, maintain current patches and service packs on all networking equipment (switches, routers, firewalls, etc.) owned and currently in service by the RTA. d. Should the RTA request, host and/or support the RTA's phone system once a migration to VoIP has been completed. e. Should the RTA request, the City can assist deploying Wi-Fl on RTA buses, common places, and bus stops as resources permit. RTA will be responsible for funding equipment purchases and installation if third -party support is needed. f. Provide maintenance and support for all servers, including work stations running as servers belonging to the RTA. Should the RTA request, and if City so chooses and applications are supported as such, the parties may migrate RTA systems to a virtualized environment to be either hosted at City Hall or RTA with prior approval of the RTA. g. Provide application support as needed within the skill sets of City Staff for software systems in place. h. Should the RTA request, migrate RTA's domain controller and Exchange email accounts to the same system being implemented by the City — Microsoft Active Directory and hosted Exchange Email. L Should the RTA request, provide hosting of RTA's website and additional services as agreed to by both parties. j. Standards for support services provided hereunder, including response and resolution times for reported problems shall be identical to those provided by the City to its own system users. k. Should the RTA request, provide a disaster recovery site for RTA systems. I. Special projects, such as new software implementations and upgrades, and others that require project management or activities by City MIS staff that cannot be classified as maintenance and support activities shall fall outside the purview of this agreement and shall be negotiated separately as needed. Should any activity require additional negotiation, those negotiations must be approved in writing by the Chief Executive Officer of the RTA and the City Manager or designee. HAMIS-DIMConnieB\Budget-FY101I�Agenda Items\2011-08-23 RTA ILA12011-08-23 City RTA IT Interlocal.DOCX —394— 3 m. The parties acknowledge that all of City obligations are subject to RTA's prior execution of necessary contract documents with the City vendors or contractors, when applicable, and subject to RTA's prior payment of all costs necessary for the City to complete the requested RTA IT work. n. The City may use remote access tools for monitoring and troubleshooting systems located at RTA facilities. The City may conduct a security audit of RTA's information technology environment at any time. 3. Duties of the RTA. The RTA agrees to meet the following obligations for the term of this Agreement: a. Continue support of RTA personal computers, laptops, and printers. b. Provide funding required in order to bring supported equipment and software to City standards if in the best interest of the RTA. c. Retain full responsibility for funding all RTA infrastructure upgrades, third - party maintenance agreements, and implementations. City will provide funding proposals as required by the RTA. d. Should the RTA determine that an upgrade to the existing copper cable infrastructure to support IP Phones and improve quality of service from 100MB to 1GB speeds be necessary, any improvements to the RTA infrastructure is the responsibility of the RTA. The City can assist the RTA with technical support for infrastructure improvements. e. Provide City MIS employees reasonable and necessary access to RTA facilities to accomplish support tasks described herein. f. Provide any requested information pertinent to security either cyber or physical. g. Use the City's tool LanDesk Service Desk to report and track any system issues. RTA IT personnel will be provided with direct contact numbers for individuals they will frequently work with at the City. h. City may require that RTA contract with competent third -parties to provide support services for either hardware or software if such support services cannot reasonably be performed by City MIS staff. L Permit use of one (1) vehicle service bay on an as -needed basis for information technology -related modifications to City vehicles. j. RTA shall be responsible for payment of all costs necessary for the City to complete RTA IT work. H:\MIS-DIR\ConnieB\Budget-FY1011\Agenda Items\2011-08-23 RTA ILA\2011-08-23 City RTA IT Interlocal.DOCX —395— 19 4. Price and Payment. As compensation for the performance of the services provided, the RTA must fully reimburse the City for all salaries and benefits due to the employees under the City's Compensation Ordinance and Benefits Plan. The RTA shall issue reimbursement payment to City within thirty (30) days of receipt of invoice from the City. 5. Implementation. The City Manager and RTA's Chief Executive Officer are authorized and directed to take all steps necessary or convenient to implement this Agreement, and shall cooperate in developing a plan for the implementation of the activities provided for in this Agreement. 6. Warranty. The Agreement has been officially authorized by the governing body of each Party, and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind their respective Party to this Agreement. 7. Expending Funds. Each Party which performs or pays for services under this Agreement must do so with funds available from current revenues of the Party. In the event that payments or expenditures are made, they must be made from current funds as required by Chapter 791, Texas Government Code. 8. Term of Agreement. a. Once approved by all Parties, this Agreement shall be for a term of one year, beginning August 1, 2011, and may be renewed annually by letter agreement executed by City Manager and RTA Executive Director, unless any party terminates participation by giving at least 90 days written notice to the other party. This Agreement may be terminated by either party at any time without cause upon 90 days written notice. b. Within 90 days of the scheduled termination date of this agreement, , RTA and City will jointly devise a plan that returns all data, systems, and associated subsets back to their rightful owner before the expiration of the notice of termination. 9. Oral and Written Agreements. All oral or written agreements between the parties relating to the subject matter of this Agreement, which were developed prior to the execution of this Agreement, have been reduced to writing and are contained in this Agreement. 10. Entire Agreement. This Agreement, including Attachments, represents the entire Agreement between the Parties and supersedes any and all prior agreements between the parties, whether written or oral, relating to the subject of this agreement. 11. Interlocal Cooperation Act. The Parties agree that activities contemplated by this Agreement are "governmental functions and services" and that the Parties are "local H:\MIS-DIR\ConnieB\Budget-FY1011\Agenda Items\2011-08-23 RTA ILA\2011-08-23 City RTA IT Interlocal.DOCX -396- 5 governments" as that term is defined in the Interlocal Cooperation Act, Chapter 791, Texas Government Code. 12. Severability. If any provision of this Agreement is held invalid for any reason, the invalidity does not affect other provisions of the Agreement, which can be given effect without the invalid provision. To this end the remaining provisions of this Agreement are severable and continue in full force and effect. 13. Validity and Enforceability. If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and so modified, this Agreement continue in full force and effect. 14. Not for Benefit of Third Parties. This Agreement and all activities under this Agreement are solely for the benefit of the Parties and not the benefit of any third party. 15. Immunity not Waived. Nothing in this Agreement is intended, nor may it be deemed, to waive any governmental, official, or other immunity or defense of any of the Parties or their officers, employees, representatives, and agents as a result of the execution of this Agreement and the performance of the covenants contained in this Agreement. 16. RELEASE OF LIABILITY AND COVENANT NOT TO SUE CITY OF CORPUS CHRISTI. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE CITY IS NOT RESPONSIBLE FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT. a. RTA agrees and understands that it will request and receive services and participate in this Agreement at its own risk and hereby releases, waives, and in all ways relinquishes any and all present or future claims against City which RTA, its officers, agents, employees, representatives, and contractors and subcontractors, and any other person or entity (collectively, hereinafter "RTA"), may assert, have, or acquire as a result of any injury, death, damage, or loss whatsoever to itself or its property resulting from, arising out of, or connected with the City's participation in this Agreement. b. RTA agrees to release, waive, and relinquish all claims, and further covenants not to sue the City for any claim, regardless of whether same may arise from any negligence, gross negligence, or willful misconduct of the City or its employees. H:1MIS-DIR1ConnieB\Budget-FY1011\Agenda Items\2011-08-23 RTA ILAX2011-08-23 City RTA IT Interlocal.DOCX -397- M c. RTA understands there may be risks involved. RTA assumes all risks, and will rely solely on itself, and not the City or its employees, in determining what those risks are. d. RTA's Release of Liability applies to all activities during or connected in any way with the City's participation under this Agreement and any performance hereunder. 17. INDEMNIFICATION OF THE CITY. To the extent permitted by law, the Regional Transportation Authority shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this contract. The foregoing indemnity shall specifically include the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. 18. Notices. a. Notices under this agreement may be delivered by mail as follows: City: RTA: City of Corpus Christi Attn: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 Corpus Christi Regional Transportation Authority Attn: Chief Executive Officer 5658 Bear Lane Corpus Christi, Texas 78405 19. Amendments to Agreement. a. This Agreement may not be amended except by written agreement approved by the governing bodies of the Parties. H:\MIS-DIR\ConnieB\Budget-FY1011\Agenda Items\2011-08-23 RTA ILAX2011-08-23 City RTA IT Interlocal.DOCX -398- b. No officer or employee of any of the Parties may waive or otherwise modify the terms or limitations in this Agreement, without the express action of the governing bodies of each Party. 20. Captions. Captions to provisions of this Agreement are for convenience and shall not be considered in the interpretation of the provisions. 21. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Texas. Venue for an action arising under this Agreement shall be in accordance with the Texas Rules of Civil Procedure. This Agreement takes effect upon date of last signature. IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their authorized representative. REGIONAL TRANSPORTATION AUTHORITY By: F -/G !% Scott Neeley Date Chief Executive Officer CITY OF CORPUS CHRISTI By: Ronald L. Olson City Manager Date: APPROVED AS TO LEGAL FORM By: Lisa AguilaV Date Assistant City Attorney H:\MIS-DIR\ConnieB\Budget-FY1011\Agenda Items\2011-08-23 RTA ILAX2011-08-23 City RTA IT Interlocal.DOCX -399- 32 -ty0f DATE: 08/24/2011 TO: Ronald L. Olson, City Manager FROM: Fred Segundo, Director of Aviation freds@cctexas.com 361-289-0171 *1216 AGENDA MEMORANDUM for the City Council Meeting of October 11, 2011 ff signment of Concession and Lease Agreement between Corpus Christi velopments 1, LLC and Monmouth Real Estate Investment Corporation. PURPOSE: ORDINANCE CONSENTING TO THE ASSIGNMENT OF A GROUND LEASE AT CORPUS CHRISTI INTERNATIONAL AIRPORT WITH CORPUS CHRISTI DEVELOPMENTS 1, L.L.C. DOING BUSINESS AS CORPUS CHRISTI FXG, L.L.C. TO MREIC CORPUS CHRISTI TX, L.L.C.; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY TO CONSENT TO THE ASSIGNMENT AND ASSUMPTION AGREEMENT BETWEEN ALL PARTIES; AND DECLARING AN EMERGENCY. BACKGROUND AND FINDINGS: Ground Lease executed between City and Corpus Christi Developments 1, LLC on November 1, 2010 included provisions which allow for assignments with approval from the City. Corpus Christi Developments 1, LLC and MREIC Corpus Christi TX, L.L.C. have requested approval of the City for the assignment of Corpus Christi Developments 1, LLC ground lease agreement. The executed lease will not be impacted by this assignment. ALTERNATIVES: None. FINANCIAL IMPACT: X Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget Encumbered/Expended amount as of (DATE) 0 This item 01 0 0 BALANCE 0 0 0 0 FUND(S): -403- Comments: No financial impact on this item. All terms and conditions will continue to apply on assignment. RECOMMENDATION: Staff recommends approval of assignment as presented, Continuity of Ground Shipping Providers required to meet current traffic demand is important for day to day operation of the Airport and continued development of our Industrial Park. CONFORMITY TO CITY POLICY: This action would be pursuant to City Charter Article IX Section 4 which states that no city lease may be transferred except with approval by ordinance. EMERGENCY/NON-EMERGENCY: Staff requests approval of emergency to continue and minimize operational impact to the leaseholder. DEPARTMENTAL CLEARANCES: Airport Advisory Board Department of Aviation LIST OF SUPPORTING DOCUMENTS: Ordinance Assignment and Assumption Agreement Cc: Lisa Aguilar, Assistant City Attorney Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan E. Perales, Jr., P.E., Assistant City Manager -404- Page 1 of 2 Ordinance consenting to the assignment of a Ground Lease at Corpus Christi International Airport with Corpus Christi Developments 1, L.L.C. doing business as Corpus Christi FXG, L.L.C. to MREIC Corpus Christi TX, L.L.C.; authorizing the City Manager or designee to execute all documents necessary to consent to the Assignment and Assumption Agreement between all parties; and declaring an emergency. WHEREAS, the City of Corpus Christi ("City") executed a Ground Lease at Corpus Christi International Airport with Corpus Christi Developments 1, L.L.C. doing business as Corpus Christi FXG, L.L.C., as approved by Ordinance 028801 on 10/12/2010, with a thirty year term; WHEREAS, Corpus Christi Developments 1, L.L.C. doing business as Corpus Christi FXG, L.L.C. requests consent of the assignment of the agreement to MREIC Corpus Christi TX, L.L.C.; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TEXAS THAT: SECTION 1. The City Council, pursuant to Article IX, Section 4, of the City Charter, approves the assignment of the Ground Lease at Corpus Christi International Airport with Corpus Christi Developments 1, L.L.C. doing business as Corpus Christi FXG, L.L.C. Inc. to MREIC LLC. under the terms and conditions stated in the attached Assignment and Assumption Agreement. Furthermore, the City Manager or designee is authorized to execute all documents necessary to consent to the Assignment and Assumption Agreement with all parties. A copy of the agreement will be filed with the City Secretary. SECTION 2. The City Manager is authorized to execute the Landlord Estoppel certificates appended to the Assignment and Assumption agreement, with copy to be filed with the City Secretary. 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 Approyied:.August 18, 2011 Lisa Aguilar, Asos ant City Attorney for the City Attorney J:ILISA12011 OrdinanceWrport Ground Lease Assignment and Asgsugneion Agreement.doc Page 2 of 2 Corpus Christi, Texas Day of 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Council Members 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 David Loeb John E. Marez Nelda Martinez Mark Scott J:\LISA\2011 OrdinanceWirport Ground Lease Assignment and As6V tion Agreement.doc ASSIGNMENT AND ASSUMPTION OF GROUND LEASE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES THIS ASSIGNMENT AND ASSUMPTION OF GROUND LEASE (the "Assignment') is effective as of the day of , 2011 (the "Effective Date"), by and between CORPUS CHRISTI DEVELOPMENT 1, L.L.C., a Missouri limited liability company d/b/a Corpus Christi FXG, L.L.C. ("Assignor") and MREIC CORPUS CHRISTI TX, LLC, a Texas limited liability company ("Assignee"), with mailing address of Juniper Business Plaza, 3499 Route 9 North, Suite 3-C, Freehold, New Jersey 07728, Attn: Mr. Eugene W. Landy, President. RECITALS WHEREAS, Assignor, as "Developer", has entered into a Ground Lease dated October 12, 2010, with CITY OF CORPUS CHRISTI ("Master Landlord"), as "Tenant', covering certain real property located in Nueces County, Texas, as more particularly described on EXHIBIT A attached hereto and incorporated herein by reference (the "Property"), a true and correct copy of which is attached hereto as EXHIBIT B ("Lease"). WHEREAS, Assignor desires to assign and transfer to Assignee all of the rights and benefits of Assignor as "Developer" under the Lease upon the terms set forth below. WHEREAS, by Assignment and Assumption of Sublease of even date herewith, Assignor has granted, sold, and conveyed to Assignee all of Assignor's interest as "Landlord" under that certain Sublease dated October 4, 2010, between Assignor and FedEx Ground Package System, Inc, covering the Property. WHEREAS, at public hearing on August 23, 2011, the City Council of the CITY OF CORPUS CHRISTI ("City Council") consented to this Assignment and Assumption of Lease and authorized the City Manager to execute the Landlord's Consent and Estoppel Certificate appended hereto. AGREEMENT NOW, THEREFORE, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration paid by Assignee to Assignor, the receipt and sufficiency of which are hereby acknowledged, Assignor hereby ASSIGNS, TRANSFERS, SETS OVER, CONVEYS, and DELIVERS unto Assignee all of Assignor's interest in the Lease. TO HAVE AND TO HOLD the Assignor's interest in the Lease, together with all and singular the rights and appurtenances thereto in anywise belonging, unto Assignee, Assignee's successors and assigns forever; and Assignor does hereby bind Assignor, and Assignor's successors and assigns, to WARRANT and FOREVER DEFEND, all and singular, the Assignor's interest in the Lease, unto Assignee, and Assignee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. By execution hereof, Assignee assumes and is obligated to keep, fulfill, observe, perform and discharge each and every covenant, duty, debt, and obligation of the "Developer" that may accrue and become performable, due, or owing on after the Effective Date under the terms, provisions and conditions of the Lease. —407— Assignor agrees to indemnify Assignee against and hold Assignee harmless from any and all cost, liability, loss, damage, or expense, including, without limitation, reasonable attorneys' fees, arising from or in any way connected with Assignor's performance of or failure to perform any duties or obligations accruing under the Lease prior to the Effective Date. Assignee agrees to indemnify Assignor against and hold Assignor harmless from any and all cost, liability, loss, damage, or expense, including, without limitation, reasonable attorneys' fees, arising from or in any way connected with Assignee's performance of or failure to perform any duties or obligations accruing under the Lease on or after the Effective Date. Assignor represents and warrants to Assignee that as of the Effective Date: (a) Assignor is the current owner and holder of all rights, titles, and interests of the "Developer" under the Lease, and Assignor's rights, title, and interest in the Lease have not been assigned, transferred, or mortgaged to any other party; (b) there are no uncured defaults by Assignor under the Lease nor does any condition exist that, with the passage of time or the giving of notice or both, would constitute a default of Assignor under the Lease; (c) to the best of Assignor's knowledge, there is no uncured default by time or the giving of notice or both, would constitute a default by Master Landlord under the Lease; (d) Attached hereto as EXMIT B is a true, correct and complete copy of the Lease, including all amendments, addenda, and other modifications thereto; (e) The Lease contains the entire agreement between Assignor and Master Landlord and has not been amended, modified, or changed in any respect except as reflected in EXMIT B; (f) the Lease is in full force and effect; (g) there are no lease commissions or other fees payable to any real estate broker or agent in connection with this transaction arising by, through, or under Assignor; and. (h) Master Landlord agrees to pay to Assignor $25,801.80 upon issuance of the Certificate of Occupancy, in full satisfaction of Paragraph 6 of the Lease. Assignor and Assignee each agree to execute and deliver such other documents and instruments as may be necessary or appropriate to transfer, assign, convey and deliver the Lease and to otherwise accomplish the purposes and intent of this Assignment. Assignee shall promptly record a copy of the fully executed Assignment and Assumption Agreement in the Official Public Records ofNueces County, Texas. Assignee may not assign or transfer the Lease without the prior written consent of the City Council expressed by Ordinance. This Assignment is binding upon and inures to the benefit of the parties and their respective legal representatives, successors, and assigns. This Assignment may be executed in any number of counterparts, each of which will be deemed an original, and all of which -- taken together -- will constitute a single instrument. Executed pages from any counterpart may be attached to another counterpart to form a complete document. Assignment%20and%20Assumption%20RHF%208-17-1 lb[l] 2 Corpus Christi, Texas. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates set forth below, but to be effective as of the Effective Date. ASSIGNOR: CORPUS CHRISTI DEVELOPMENT 1, L.L.C., a Missouri limited liability company d/b/a Corpus Christi FXG, L.L.C. Title: STATE OF COUNTY OF This instrument was acknowledged before me on the day of 2011, by the of CORPUS CHRISTI DEVELOPMENT 1, LLC., a Missouri limited liability company, on behalf of said entity. Notary Public, State of Printed My commission expires: (Signatures continued on nextpage) Assignment%20and%20Assumption%20RHF%208-17-11 bl ll 3 Corpus Christi, Texas -409- ASSIGNEE: MREIC CORPUS CHRISTI TX, LLC, a Texas limited liability company By: Monmouth Real Estate Investment Corporation, a Maryland corporation, its Member By: Name: Title: STATE OF COUNTY OF This instrument was acknowledged before me on the —day of 2011, by , the of Monmouth Real Estate Investment Corporation, a Maryland corporation, member, on behalf of MREIC CORPUS CHRISTI TX, LLC, a Texas limited liability company. Notary Public, State of Printed My commission Assignment°/u20md"/o20Assumption^/n20RHF%208-17-116[1] 4 Corpus Christi, Texas —410— EI=TI' A LEGAL DESCRIPTION LNV Inc. FNGIN8ER8 S CONSULTANTS 801 N■villatteM Suits 300 Corpus Chdoll, Tema 78408 Phone: (361) 053.1984 Fax: (361) 8834886 Field note description for an 8.18 arse tract of land out of Block 23, J. C. Bussell Farm Blocks, a sub- division ubdivision of Nueces County, Tams, recorded in Volume 3, Page 53, Map Records, Nueces County, Texas Map Records, said 8.18 acre tract of land being more particularly described by meta and bounds as follows: Beginning at a 5/8 inch iron rod set in the Northeast right of way line of Pimon Drive, for the most Westerly and beginning corner of the tract herein described from whence the intersection of the Northeast right of way line of said Pinson Drive and the Southwest right of way fine of Stem Highway 44, hours North 37°-07-37' Wert, a distance of 70339 feat; Thence North 45°-18'45" East, within said Block 23, 1. C. Russell Farm Blocks, at approximately 380 Ann, pass the center of a pipeline numiag Best -Wast, as par survey done by Maverick Engineering, Inc., dated September 25, 2006, in all, a distance of 517.77 feet to a 5/8 inch hon rod set for the Northwest comer ofthe tract herein described; Thence South 89°-59'-43" East, a distance of 159.83 feet to a 5/8 inch iron and set for a corner of the tract herein described; Thence South 440-41'-45" But, at approximately 160 feet pass said pipeline as per Maverick Engineering, Inc. in all a distance of 393.51 feet to a 5/8 inch iron rod set for a comer of the tract heroin described; Thence South 180-39'-58" East, still within said Block 23. J. C. Russell Farm Blocks, a distance of 163.72 fat to a 5/8 inch iron rod found in the adopted north right of way fine of Business Centre Boulevard, for the most Eastarly comer of the tract herein described, Thence in a Westerly and Southwesterly direction with said adopted North and Northwest right of way line of said Business Carve Boulevard, and with the am of a circular curve to the le$ whose Central Angle is 43"-01'-52", whose Radius is 330.00 firs; Chord Bearing N 670-07'-49" E, an Arc Distance of 247.84 fact ret a 5/8 inch iron rod found fm the P.T. of sold curve and for a comer of the tract herein described; Thence South 45°36'-53" West, with the adopted Northwest right of way Sue of said Business Centre Boulevard, a distance of 319.92 feet to a 5/8 inch two rod found for the Point of Cave of a circular curve in the Northeast right ofway line of said Piumn Drive and for a corner of the pont herein described; Assignment%20and%20Assumption%20RHF%208.17-11 b[l ] -411- Theuce In a Westerly and Northwesterly direction, with the am of said circular curve, whose Central Angle is 89°41'-22" whose Radius is 15.00 feet, a Chord Bearing N S9°-32'-26" W, an An Distance of 23AS feat to a 511 inch iron rod found for the Point of Tongeney of said curve and for a comer of the tract herein described; Thence North 44043'-45" West, with the Northeast right of way line of said Pinson Drive, a distance of 546.32 feet to the Point of Beginning. Containing more or leas 8.18 acres ofhmd. Basis for Bearings Texas State Plane, Zone 4205, Teras South Zone (NAD -83). State of Texas County of Nueces 1, Burstein Oliveira, a Registered Professional Land Surveyor, of LNV Inc, do hereby certify that the foregoing Field Note Description was prepared from information of record and from a survey made on the ground under my direction, and that this descriptions conforms to the current Testes Surveyor's Association Standards and Specifications for a Category I -A, Lend Title Survey. OfThutheZ.s avofI%iAAr-41 2010. Berstein Oliveira State ofTasav License No. 1415 PAGB2 0 -412- EX=IT `B" [Omitted for Recordation] -413- LANDLORD'S CONSENT AND ESTOPPEL CERTIFICATE THIS LANDLORD'S CONSENT AND ESTOPPEL CERTIFICATE ("Certificate") dated August _, 2011, is made by the City of Corpus Christi ("Landlord") to the above ASSIGNMENT AND ASSUMPTION OF GROUND LEASE ("Assignment and Assumption of Ground Lease") for the benefit of CORPUS CHRISTI DEVELOPMENT 1, L.L.C., a Missouri limited liability company d/b/a Corpus Christi FXG, L.L.C., ("Assignor"); and MREIC CORPUS CHRISTI TX, LLC, a Texas limited liability company ("Assignee"), with mailing address of Juniper Business Plaza, 3499 Route 9 North, Suite 3-C, Freehold, New Jersey 07728. RECITALS A. Landlord has leased the Real Property to Assignor pursuant to a ground lease (the "Lease") dated October 12, 2010, a copy of which is attached to the above Assignment and Assumption of Ground Lease The following information is a summary of the basic terms and conditions of the Lease: a. The Lease is for abase term of thirty (30) years commencing on the sixty-first (61st) day following final approval by the Landlord's City Council. The Lease commenced December 12, 2010, and shall expire December 11, 2040. b. Rent is abated for the period beginning on the commencement date until the date of beneficial occupancy as determined by the issuance of a certificate of occupancy by the Landlord ("Certificate of Occupancy") or September 1, 2011, whichever is earlier. c. Rent is due and payable on the first day of each calendar month of the Lease Term. Rent will be assessed as further defined in Section 7 of the lease, for the gross square footage of the Premises and paid on an annual basis to the Airport at the address show in Section 30 of the lease. d. The Lease covers the real property described in the above Assignment and Assumption of Ground Lease. e. The Real Property or its address is commonly known as 246 Glasson Drive, Corpus Christi, Texas 78406. B. Unless otherwise defined below, the capitalized terms herein shall have the meanings as set forth in the Assignment and Assumption of Ground Lease. AGREEMENT To induce Assignee to acquire Assignor's leasehold interest and for other valuable consideration, with knowledge that Assignee is relying thereon, Landlord hereby agrees with Assignee as follows: 1. CONSENT. Landlord acknowledges and agrees that it has fully consented to the assignment and transfer of Assignor's interest in the Lease to Assignee and to the assumption by Assignee of all obligations under the Lease. Additionally, Landlord consents to the lien of Sun National Bank and its successors and assigns attaching to Assignor's interest in the Lease. This consent will not be construed as a waiver of any rights Lessor may have against Assignor by reason of the past -414- performance of Assignor. No provision of this consent alters or modifies any of the terms and conditions of the Lease, including the requirement that the written consent of Lessor be obtained with respect to any future assignment of the Lease. 2. ESTOPPEL. Landlord represents and warrants to Assignee that: 2.1. Lease in Effect. A true and correct copy of the Lease is attached to Assignment and Assumption of Ground Lease. The Lease (i) has been duly executed and accepted by Landlord and Assignor, (ii) is in full force and effect, and (iii) has not been modified or changed, either in writing or orally. 2.2. Waiver of Cancellation Right: Landlord hereby waives any and all rights to cancel the Lease due to the failure of Assignor and FedEx Ground Package System, Inc. ("Sublessee") to execute a build to suit sublease on or before October 1, 2010, as required by Paragraph 4 of the Lease. Landlord acknowledges and agrees that Assignor executed such sublease with Sublessee on October 4, 2010, and that such sublease is in full force and effect and is permitted under the terms of the Lease. 2.3. Workers' Compensation Insurance. Landlord acknowledges and agrees that the requirement for the "Lessee" under the Lease to carry workers' compensation and employer's liability insurance does not apply to any such "Lessee" that does not have employees. However, worker's compensation insurance is required once Lessee hires paid employees. 2.4. No Default. As of the date of this Certificate and to Landlord's best knowledge and belief: (i) all conditions and obligations to be performed by either Landlord or Assignor under the Lease to the date hereof have been satisfied; (ii) there exists no breach, default, or event or condition which the giving of notice or the passage of time, or both, would constitute such a breach or default under the Lease: and (iii) there are no existing claims, defenses or offsets against obligations of either Landlord or Assignor under the Lease, including any against rents due or to become due under the terms of the Lease. Further, Landlord agrees to pay to Assignor $25,801.80 upon issuance of the Certificate of Occupancy, in full satisfaction of Paragraph 6 of the Lease. 2.5. Entire Agreement. The Lease constitutes the entire agreement between Landlord and Assignor with respect to the Lease of the Real Property. 2.6. No Prepaid Rent. No deposits or prepayments of rent have been made in connection with the Lease except as may be described above in the summary description of the Lease. 3. NUSCELLANEOUS PROVISIONS: This Certificate shall extend to and bind the respective heirs, personal representatives, successors and assigns of the parties to this Certificate. This Certificate shall be governed by and construed in accordance with the laws of the State of Texas. If Landlord is other than an individual, any agent or other person executing this Certificate on behalf of Landlord represents and warrants to Assignee that he or she has full power and authority to execute this Certificate on Landlord's behalf. Assignee shall not be deemed to have waived any rights under this Certificate unless such waiver is in writing and signed by Assignee. No delay or omission on the part of Assignee in exercising any right shall operate as a waiver of such right or any other right. A waiver by Assignee of a provision of this Certificate shall not constitute a waiver of or prejudice Assignee's right otherwise to demand strict compliance with that provision or any other provision. Commerce -415- Bank N.A. has provided Assignor and Landlord with written consent of this Assignment and Assumption Agreement, and a copy of consent by Commerce Bank N.A. is attached. THIS CERTIFICATE IS DATED August 2011 LANDLORD: CITY OF CORPUS CHRISTI By: STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on the_ day of 2011, by the on behalf of the City of Corpus Christi. Notary Public, State of: Texas Printed Name: My'commission expires: 10 -416- 33 &t;Of nsti DATE: September 22, 2011 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director M ichaelMo(o)cctexas. com 361-826-3464 AGENDA MEMORANDUM for the City Council Meeting of October 11, 2011 =Donat1oSntrcf mural by K Space Contemporary mural proposedforStarrade PURPOSE: Motion authorizing the City Manager, or designee, to execute an agreement with K Space Contemporary for the donation and acceptance of art mural to be located at the Starr Street balustrade near North Lower Broadway Street. BACKGROUND AND FINDINGS: The white walls beneath the balustrade and tunnel at the intersection of Starr St and Broadway are often targets of graffiti. It has been proven that the incidence of graffiti is reduced when murals are painted. K Space has provided a mural at La Retama Park through a previous agreement and would like to expand now to the walls and tunnel beneath the balustrade at Starr St and Broadway. ALTERNATIVES: Continue to clean and repaint walls and tunnel beneath balustrade due to graffiti. OTHER CONSIDERATIONS: The design of the mural will reflect the celebration of Dia de los Muertos. The site will serve as a center of activity for a Dia de los Muertos celebration on October 28, 2011. FINANCIAL IMPACT: X Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP Fiscal Year: 2010-2011 Project to date exp (CIP Only) Current Year Future Years TOTALS Budget Encumbered/Expended Amt. This item Balance: Comments: K Space will bear the cost of paint and provide artists and volunteers. They will work with the Parks and Recreation Department in case of graffiti. RECOMMENDATION: The Arts and Cultural Commission recommended acceptance of this donation of art by K Space at their Special Called Meeting on September 14, 2011. Staff recommends approval of the agreement. The Texas Historical Commission supports this project as per correspondence —419— Page 2 of 2 received on September 20, 2011, and the Corpus Christi Landmark Commission voted to approve the project at their September 22, 2011 meeting. CONFORMITY TO CITY POLICY: When any work of art is placed on city property or becomes the property of the city by gift, together with the proposed location, the work of art may be submitted to the Arts and Cultural Commission for its recommendation. Because the Broadway Balustrade is listed on the National Register of Historic Places, approval from both the Texas Historical Commission and local Landmark Commission is required. EMERGENCY / NON -EMERGENCY: non -emergency DEPARTMENTAL CLEARANCES: Parks and Recreation LIST OF SUPPORTING DOCUMENTS: Agreement with K Space Cc: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager -420- Page 1 of 7 AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND K SPACE CONTEMPORARY FOR ART MURAL AT STARR STREET BALUSTRADE This agreement ("Agreement") is entered into by and between the City of Corpus Christi, Texas, a home -rule municipal corporation ("City"), acting through its duly authorized City Manager or the City Manager's designee ("City Manager") and K Space Contemporary of Corpus Christi, Texas, a Texas nonprofit corporation. WHEREAS, the City has identified location at Starr Street Balustrade ("Project Premises") for periodic painting of a mural ("Artwork") by K Space Contemporary and its volunteer painters, ("Artist"), WHEREAS, the City and K Space Contemporary wish to set out the terms and conditions under which the Artwork is to be completed; NOW, THEREFORE, the City and K Space Contemporary, for and in consideration of the covenants and agreements set out in this Agreement, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Administrator. The City's contract administrator for this Agreement is the City's Director of Parks and Recreation ("Director'). Section 2. Artwork. The City, and K Space Contemporary, through this Agreement, agree to have Artist design, paint, and complete work of art to be located at Project Premises ("Artwork"). A representative design of the initial Artwork is attached to this Agreement as Exhibit A. Prior to initiating any Artwork at the Project Premises, Artist shall review the design for Director's prior written approval. Section 3. Term. The term of this Agreement is three (3) years, effective upon City Manager signature. This Agreement may be terminated by the City with or without cause upon thirty (30) days written notice by Director to K Space Contemporary. At termination of this agreement, K Space Contemporary shall paint over the Project Premises with fresh coat of paint, returning the Project Premises to the same condition as it existed prior to start of this Agreement. Section 4. Compensation and Payment Schedule. K Space Contemporary and its volunteers will provide all work under this Agreement at no cost to the City. The City may assist with supplies when the budget allows. Section 5. Fabrication of Artwork. Artist shall furnish all labor, tools, materials, machinery, equipment, and incidentals necessary for the execution of the Artwork. Section 6. Completion of Artwork. The parties anticipate that the initial Artwork will be fully completed no later than 60 days after execution of this MOA. Thereafter, the parties intend that the artwork will change either every six months or annually. Prior to initiating any Artwork at the Project Premises, Artist must review the design for Director's prior written approval. Section 7. Insurance. A. Artist shall secure and maintain, during the term of this Agreement and at Artist's sole expense, the levels and types of insurance set out in Exhibit B, a copy of which is attached to this Agreement and incorporated in this Agreement by reference. Macintosh HD: Users: mtchellesmythe:Documents:Mlcrosoft User Data:Saved Attachments:KSpace MOU for mural Starr Stv2.doc —421— Page 2 of 7 B. Any subcontractors, if approved by the City, must secure and maintain the same levels and types of insurance shown in Exhibit B prior to performing any work related to this Agreement. C. Artist shall provide proof, by certificate of insurance meeting the limits and requirements set out in Exhibit B, to the City's Risk Manager and Director upon the execution of this Agreement. D. The certificate of insurance must name the City as an additional insured and must provide the City with at least 30 days written notice of cancellation, material change, or intent not to renew any insurance coverage required by Exhibit B. Section 8. Artist's Expenses. Artist shall be responsible for the payments of any required insurance certificates; shipping costs of the Artwork to the City; all costs of travel by Artist; all labor costs for Artist's employees; and all other costs, unless specifically excluded in this Agreement, that are necessary for the proper performance of the work, services, and obligations required by Artist under this Agreement. Section 9. Title. Title to the Artwork will pass to the City upon completion. Artist grants the City receives an irrevocable license to reproduce the artwork for municipal purposes deemed appropriate by the Director. Artist shall not reproduce the Artwork without prior approval of the Director. Section 10. Indemnification. K Space Contempoary ("Indemnitor") shall fully indemnify, save, and hold harmless the City and its officers, employees, and agents (collectively, "Indemnitees") against any and all liability, damage, loss, claims, demands, and actions of any nature whatsoever on account of personal injury (including, without limitation on the foregoing, premises defects, workers' compensation, and death claims), properly loss, or damage of any kind whatsoever, including dishonest, fraudulent, negligent, or criminal acts of the Indemnitor or the Indemnitor's employees, volunteers, representatives, or agents, acting alone or in collusion with others, which may arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, the design, fabrication, installation, repair, restoration, or removal of the Artwork and any act or omission of the Indemnitor or of any volunteer, agent or employee of Indemnitor pursuant to performance under the terms of this Agreement. This provision survives the expiration or earlier termination of this Agreement. Prior to utilizing any volunteers at the Project Premises, K Space Contempoary must ensure that each volunteer has executed the attached Volunteer & Community Service Worker Release of Liability and Hold Harmless Agreement, and provide original executed document to the Director. Section 11. Artist's Warranties. Artist warrants and guarantees that, upon completion of the Artwork, the City acquires good title to the Artwork and that the Artwork is free from any and all claims, liens, and charges of and by any person or entity including, but not limited to, all volunteers, employees and suppliers of Artist. This provision survives the expiration of this Agreement. Macintosh HD:Users:michellesmythe:Documents:Microsoft User Data:Saved Attachments:KSpace MOU for mural Start Stv2.doc -422- Page 4 of 7 Manager or the City Manager's designated representative. If these persons do not agree upon a decision within a reasonable period of time not to exceed forty-five (45) days, the parties may pursue other legal rights and remedies to resolve the disputes. Section 19. Modification or Amendment. No modification or amendment of any of the terms of this Agreement will be effective unless the modification or amendment is in writing and signed by an authorized representative of each of the parties to this Agreement. Section 20. Entire Agreement. No verbal agreements or conversations between any officer, employee, or agent of the City and Artist or Artist's agent prior to the execution of this Agreement affect or modify any of the terms or obligations contained in this Agreement. Any verbal agreements or conversations prior to execution of this Agreement are considered unofficial information and in no way binding on either party. This Agreement and the attached and incorporated exhibits constitute the entire agreement between the City and Artist for the purpose stated. All other agreements, promises, representations, and understandings,_oral_or otherwise, with reference to the subject matter of this Agreement, unless contained in this Agreement, are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Agreement and its exhibits of the terms, conditions, promises, and covenants relating to Artist's performance under this Agreement. EXECUTED IN DUPLICATE, each of which will be considered an original, on this the /0 day of�/AS f 2011. CITY OF CORPUS CHRISTI Ronald L. Olson City Manager APPROVED AS TO LEGAL FORM I 2011 Lisa Aguila Ossistant City Attorney for City Attorney K Space Contemporary By:�' ., R Printed Title Date: 8_1(0_11 Macintosh HD:Users:michellesmythe:Documents:Microsort User Data:Saved Attachments:KSpaw MOU for mural Start Stv2.doc —423— Page 5 of 7 EXHIBIT A ARTWORK Proposed Mural at Starr Street Balustrade K TarkRec\SHAREMAGENOA ITEMS\Cauncil Meetin9s\2011\9 Sept 20\KSpace MOU\KSpace MOU for mural Starr Stv2.dcc -424- Page 6 of 7 EXHIBIT B INSURANCE REQUIREMENTS I. Liability Insurance A. KSpace must not commence work under this agreement until KSpace has obtained all insurance required herein and such insurance has been approved by the City. KSpace must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. KSpace must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Written notice of cancellation, required on all certificates or by applicable policy Bodily Injury and Property Damage endorsements Per Occurrence /Aggregate Commercial General Liability including: $500,000 Combined Single Limit 1. Broad Form 2. Premises — Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Independent Contractors to include volunteers 6. Personal Injury/ Advertising Injury Property Insurance KSpace will be responsible for any and all damage o any equipment used; regardless if owned, borrowed, rented or leased. Applicable when paid employees on site: MUST COMPLY WITH THE TEXAS WORKERS' COMPENSATION ACT AND Workers Compensation SECTION II OF THIS EXHIBIT $500,000 / $500,000/$500,000 Employers Liability C. In the event of accidents while working on City property, KSpace must furnish the Risk Manager with copies of all reports of any accidents within ten (10) days of any accident. II. ADDITIONAL REQUIREMENTS A. Applicable when paid employees on site,:KSpace must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and with endorsements approved by the Texas Department of Insurance. The Macintosh HD:Users:michellesmythe:Documents:Microsoft User Data:Saved Attachments: KSpace MOU for mural Starr Stv2.doc -425- Page 7 of 7 coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met B. KSpace's financial integrity is of interest to the City; therefore, subject to KSpace's right to maintain reasonable deductibles in such amounts as are approved by the City, KSpace shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at KSpace's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). KSpace shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. KSpace shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax #. D. KSpace agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, KSpace shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend KSpace's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this agreement. F.. In addition to any other remedies the City may have upon KSpace's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order KSpace to stop work here under and/or withhold any payment(s) which become due to KSpace hereunder until KSpace demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which KSpace may be held responsible for payments of damages to persons or property resulting from KSpace's or its subcontractors or volunteers' performance of the work covered under this agreement. H. It is agreed that KSpace's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Macintosh HD:Users:michellesmythe:Documents:Microsoft User Data:Saved Attachments:KSpace MOU for mural Staff Stv2.doc -426- Proposed Mural at Starr St / Lower Broadway Balustrade Left Panel Jqpr Or le- ° . �r •ti Iir jpr- 1.EF. e� • a i Right Panel 4 �+ 4}� r }4 y Left Overhead - - � �:- •L ���, � � i � �' � �"'r. � � � � � �� �� �� � � ,� � � _ti �. �.�, - .;�, _ _ �: r ; a - � � a- +. :�,.: ��, Contributing Artists Ricardo Ruiz Contributing Artists Jimmy Pena Contributing Artists Gerald Lopez David L. Phillips 4t" Annual Dia de los Mucrtos Festival Friday, October zs 4PM tO midnight Where: 400 & 500 blocks of Starr Street in downtown Corpus Christi. What: Live music, Mariachi vocal contest, Folklorico dancers, artist vendors, Kids' Activities, Luche Libre Ring, food, drinks and more. 34 DATE: August 31, 2011 TO: Ronald L. Olson, City Manager AGENDA MEMORANDUM for the City Council Meeting of October 11, 2011 FROM: Pete Anaya, P.E., Director of Engineering Services petean@cctexas.com (361)826-3781 Approval of Street Closure: Dia De Los Muertos Festival CAPTION: Motion approving the application for street closure from K -Space Contemporary and Downtown Management District, to temporarily close the following street sections for Dia De Los Muertos Festival; to take place Friday, October 28, 2011. A. The temporary street closure of Starr Street between Chaparral Street and Lower Broadway, beginning at 11:00 AM, Friday, October 28, 2011 and ending at 1:00 AM, Saturday, October 29, 2011. B. The temporary street closure of Lower Broadway, between Taylor Street and Peoples Street, beginning at 11:00 AM, Friday, October 28, 2011 and ending at 1:00 AM, Saturday, October 29, 2011. C. The temporary street closure of Mesquite Street between Taylor Street and Peoples Street, beginning at 11:00 AM, Friday, October 28, 2011 and ending at 1:00 AM, Saturday, October 29, 2011. BACKGROUND AND FINDINGS: The Dia De Los Muertos Festival will take place in the Downtown Area. The. one day event will require temporary street closure of Starr Street, Lower Broadway, and Mesquite Street as noted above. The street closure will begin on Friday, October 28, 2011 at 11:00 A.M. and will remain in place through Saturday, October 29, 2011 at 1:00 A.M. The Dia De Los Muertos Festival is sponsored by Corpus Christi Downtown Management District, Axis Tatoo, and K -Space Contemporary. ALTERNATIVES: Not Applicable OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Conforms to the Code of Ordinances Chapter 49 -Streets and Sidewalks; Article I. IN General; Division 2 - Temporary Closure of Streets —429— EMERGENCY/NON-EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Not Applicable FINANCIAL IMPACT: x Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP Fiscal Year: 2011-2012 Project to Date Expenditures CIP Current Year Future Years TOTALS Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: Not applicable Traffic Engineering recommends that the street closure application for Starr Street, Lower Broadway,and Mesquite Street to be approved for the Dia De Los Muertos Festival. LIST OF SUPPORTING DOCUMENTS: Street Closure Application Location Map Approvals: Veronica Ocanas, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, P.E., Assistant City Manager -430- CorpwChrM City of City of Corpus Christi` C a Department of Engineering Services Traffic Engineering t APPLICATION FOR p TEMPORARY CLOSURE pp C}IfttSi t i7 wih�Oi�Jn MU -461' 9. s Name of Organization Sponsoring Event: TATi70 i/ �P�� / DSD flAR-� Address: 41 S D S fPER G--' City:bryl-s (".qtr+s State --K Zip: '7Q ©I Phone #: 31{1 - �C�`Z- �� Fax #: 36 �- Lech—A 1eS Email: 2. Name of Proposed Event: 1)10L CIC tu5 l'J\IILC1 t L. T-%-� ' 3. Date of Planned Event: oC-rDBGP,aa 'Zo t - 4. Key Contact Individual m.ICP,hone #: ggq- t,�3 5. Street(s) Requested for Closure, Dates and Times of Day: -DESCRIBE TA'fZR S i -`irO YYL C ��O-�.r fNm2Tt-F Lf» J - A Pkj epFtR�osM -0 11:00 AM►'lgclri. ;vFrm + M.11 n 6. Purpose of Event and Detailed Description ofyActivities Ql�afnneAo j M/- INC -0 (nu -sl C- 7. List foods and beverages to be served; Page f of 8 -431- 13 9. Attach a diagram illustrating in detail the location of booths, stages, restrooms, first-aid stations, etc., that will be included in the event. 10. Enclose a check or money order for $200 to cover administrative costs of handling application, payable to the City of Corpus Christi (City Ordinance #20463, 9/20/88). 11. Attach an official letter of transmittal requesting approval of the event at least (30) day prior to the event date. 12. In consideration of obtaining a permit to close a City street for a public event, the applicant or sponsoring organization agrees to comply with the following applicable conditions: A. Admittance to said event shall be free; B. All profits derived from the event shall be for charitable causes; C. Pay the City four -percent (4%) of the gross receipts derived from event, or reimburse the City for all costs incurred by the City in support of said event. Accurate financial records shall be maintained and payment shall be made to the city within sixty (60) days after the event ends. D. *Provide and maintain an insurance policy with.the limits and requirements shown on the attached Exhibit "A". E. *Completion of Indemnification Agreement; F. *Provision of a traffic control plan for event, to be coordinated with the Traffic Engineering Division and Police Department. The City shall be reimbursed for its installation of all traffic signage and barricading determined by the City to be necessary for safe control of the event. G. *Require written notice and notice to be given to tenants and building managers; and posting of same inside entrances to multi -tenant buildings. This notice is to be furnished and posted a minimum of 2 week prior to the required City Council meeting at which the motion to approve the Temporary Street Closure permit will be considered. H. Provide adequate number of restroom facilities to accommodate the anticipated public; I. Obtain the appropriate alcohol and food permits required by State and Local authorities, at least two (2) weeks prior to the event; J. All security other than perimeter traffic control shall be provided by sponsor; security shall consist of off-duty City Police officers, or other type security officially approved by the City. Page 2 of 8 —432— K. All construction of booths, stages, displays, electrical services and plumbing shall comply with City Codes. The final layout of booths shall be approved by the Director of Parks and Recreation; L. Provide for potable water within the event site; M. Provide first-aid stations; N. Provide continuous cleaning of the site during the event and return it to pre -event condition after event ends; O. Restore any damaged City property promptly after event ends; P. Coordinate all phases of event with appropriate City departments to insure a safe and successful event; Q. Vehicles shall be prohibited from parking on grass areas within the street right-of-way. R. No obliteration or defacing of the street surface or sidewalk; except by chalk markings; S. All City Noise Abatement Ordinances shall be complied with; T. Allow for the free passage of emergency vehicles into event area in case of emergency; U. Carnival -type rides will not be permitted. V. Building and Electrical permits for a temporary promotional event, associated construction and Certificate of Occupancy are required. *Evidence that these conditions have been met must be presented to the City Traffic Engineer prior to the request being submitted to the City Council for final approval. O EIII Date Submit For more information please contact: The City of Corpus Christi, Traffic Engineering Division at: Ph: 361-826-3547 9 Fax: 361-826-3545 1201 Leopard St. Corpus Christi TX 78401 • PO Box 9277 Corpus Christi, TX 78469-9277 Page 3 of 8 —433— INDEMNITY AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF NUECES WHEREAS, Section iii of said standards, entitled Procedure and Permit Requirements, requires a contractor for a permit to close or block any part of a roadway to file a statement with the Director of Engineering Services Traffic Engineering Division indemnifying in the city against all claims or causes of action by reason of or arising from the closing or blocking of the roadway pursuant to a permit issued by the City. Now, therefore, in consideration for the issuance of a permit to the undersigned by the City of Corpus Christi, for the purpose of barricading, blocking or closing a street, alley or other public right-of-way in said City, said permit applicant agrees to indemnify and safe harmless and defended the City of Corpus Christi, its agents and employees from any and all claims, lawsuits, demands, liabilities, losses or expenses, including court costs and reasonable attorney=s fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damages to any property which arise or may be alleged to have arisen directly or indirectly, as a result of the granting of this permit. The Contractor, during the term of operations specified in this Public Right -of - Way Blockage Permit, will provide and maintain at the Contractor expense, Comprehensive General Liability Insurance coverage with a Contractual Liability endorsement and with minimum limits of $1,000,000 Combined Single Limit for large events or $500,000 for small events as required by the Risk Manager of the City of Corpus Christi pursuant to Ordinance #19277. The City of Corpus Christi will be named as Additional Insured on the policy. Evidence of required insurance coverage with a Certificate of Insurance furnished to the Traffic Engineering Division prior to the proposed blockage under this permit. Witness my (our) hand(s) this J 5 date of A�41I c'4— 20 Permit Applicant Signature Q ,p��,� rl�'►1Po 2�kk�'I Company ame Page 4 of 8 —434— EXHIBIT A - INSURANCE REQUIREMENTS PERMITTEE'S LIABILITY INSURANCE A. Permittee must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Permittee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Permittee must furnish to the City's Risk Manager, Certificate of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the General Liability policy and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 day written notice of cancellation, non- Bodily Injury and Property Damage renewal, material change or termination Is Per occurrence aggregate required on all certificates COMMERCIAL GENERAL LIABILITY $1,000,000 COMBINED SINGLE LIMIT including: 1. Commercial Form 2. Premises—Operations 3. Underground Hazard 4. Products/ Completed Operations Hazard 5. Contractual Liability 6. Broad Form Property Damage 7. Independent Contractors C. In the event of accidents of any kind, Permittee must furnish the Risk Manager with copies of all reports of such accidents within 10 days of any accident. IL ADDITIONAL REQUIREMENTS A. Certificate of Insurance: The City of Corpus Christi must be named as an additional insured on the General liability coverage and a blanket waiver of subrogation in favor of the City is also required. • If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled", and deleting the words, "endeavor to", and deleting the wording after "left". In lieu of modification of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. • The name of the project must be listed under "Description of Operations". At a minimum, a 30 -day written notice of cancellation, material change, non -renewal or termination is required. 2008 Street Closure Permit ins. req. 5-8-08 ep Risk Mgmt Risk Management Representative Approved Insurance Date Page 5 of 8 -435- DIViS1ON 2. TEMPORARY CLOSURE OF STREETS Sec. 49-15. Permit required; application. No streets shall be closed temporarily nor shall any street right-of-way be used in such a manner as to impede the free flow of traffic without the issuance of a permit by the city as provided herein. Any sponsor of an event desiring to close one (1) or more streets for said event shall make application there for on forms furnished by the city containing such information as the city may require including, but not limited to, the date and location of the event, the name of the sponsoring organization, the purpose of the event, and a diagram illustrating the street or streets to be closed and the layout of activities. The application must be submitted at least twenty (20) working days prior to the event and must be accompanied by an application fee as hereinafter provided to cover administrative costs. (Ord. No. 17651, § 1, 6-15-1983; Ord. No. 20463, § 1, 9-20-1988) Sec. 49-16. Issuance of permits; classification of events. Upon the. review and recommendation of the application by the city, permits may be issued for the temporary closure of a street or streets in the following manner: a) Neighborhood events. For neighborhood events at which no admission is charged and no items are sold and which require the closure of residential neighborhood streets for less than twelve (12) continuous hours, permits may be granted by the city manager or his designated representative. Notice of the granting of such permits shall be provided the city council. A permit application fee of one hundred ten dollars ($110.00) is required for such events. b) Small events. For small events which require the closure of one (1) or more minor streets adjacent to churches, schools, or other public institutions, not involving extensive detouring of traffic and not requiring closure for more than twelve (12) continuous hours, permits may be granted by the city manager or his designated representative. Notice of the granting of such permits shall be provided the city council. For the purposes of this section, the term "minor streets" shall mean any streets other than arterial and collector streets as classified on the urban transportation plan. A permit application fee of two hundred dollars ($200.00) is required for such events. c) large events. For all other events, which shall be treated as large events, including, but not limited to, events which require the closure of one (1) or more major streets or involve more extensive detouring of traffic, permits may only be issued by the city manager upon the approval of the city council expressed by motion. A permit application fee of two hundred dollars ($200.00) is required for such events. (Ord. No. 17651, § 1, 6-15-1983; Ord. No. 20463, § 2, 9-20-1988; Ord. No. 027349, § 5, 7-24-2007) Sec. 49-17. Conditions and requirements for permit. Prior to the temporary closure of any street, the sponsor must agree to comply with the conditions and requirements for such temporary closure imposed by the city including, but not limited to, the following: a) All events shall be open to the public and admission shall be free. b) All profits derived from the event shall be used for charitable purposes. c) Insurance policies naming the city as an additional insured shall be obtained with minimum coverage for small events of five hundred thousand dollars ($500,000.00)/five hundred thousand dollars ($500,000.00)/one hundred thousand dollars ($100,000.00) Page b of 8 —436— and for large events of five hundred thousand dollars ($500,000.00)/one million dollars ($1,000,000.00)/one hundred thousand dollars ($100,000.00). Certificates evidencing the required coverage shall be supplied the city at least five (5) days prior to the event. d) The sponsor shall agree to indemnify and forever save harmless the city from any claims arising from the event. e) Sufficient barricades shall be obtained by the sponsor and placed in accordance with a plan approved by the traffic engineer. f) (1) Notice required under this section must be furnished and posted at least two (2) weeks prior to the required city council meeting at which the motion to approve the permit will be considered. (2) Standard form of approved written notice required. The applicant/sponsor must give written notice by using the standard approved form supplied by the traffic engineer. (3) Required recipients of written notice. a. The applicant or sponsor must furnish approved written notice of the proposed temporary street closure as follows: 1. To all tenants occupying a tenant space of property abutting that portion of the street to be closed to vehicular traffic; and, in addition, 2. To all building managers and property managers of all multi -tenant properties abutting that portion of the street to be closed to vehicular traffic. 3. If the property abutting that portion of the street to be closed to vehicular traffic is vacant, approved written notice may be mailed to the property owner's last known address according to the of the Nueces County Tax Appraisal District's records. b. Proof of delivery. As part of the permit application process, the applicant must show the traffic engineer proof of having furnished the written notice required under this chapter. c. Hand delivery. Proof of each hand delivery may be shown by providing the signature of the recipient, along with the recipient's name, address, and contact information. d. Certified mail. If written notice cannot be made by hand delivery, proof may be shown by the receipt of certified mail delivery. (4) Posting of approved written notice required. The applicant or sponsor must post the approved written notice on the inside of entrances to multi -tenant buildings of properties abutting that portion of the street to be, closed to vehicular traffic. (5) At least two (2) weeks' notice of public meeting required. The applicant or sponsor's approved written notice of the proposed temporary street closure shall include notice of the date, time, and location of the city council meeting at which approval of the permit is scheduled. g) Adequate restroom facilities must be provided to accommodate the needs of the public h) All other permits required by the state or any other public authority must be obtained by the sponsor at least two (2) weeks prior to the event. 1) All security shall be provided by the sponsor. j) Any construction of booths, stages, displays, electrical services and plumbing shall comply with the relevant city codes and shall be in accordance with the layout approved in the permit. k) A sufficient supply of potable water shall be supplied within the event site. 1) Adequate first aid stations shall be provided by the sponsor. m) The sponsor shall provide continuous cleaning of the site during the event and at the conclusion of the event restore the site to the same condition it was in prior to the event. Any damaged public property shall be restored by the sponsor upon conclusion of the event. Page 7 of 8 -437- n) Vehicles shall be prohibited from parking on grass areas within the street right-of-way. o) No paint or other markings shall be permitted which in any way obliterate or deface any pavement markings. p) Provision shall be made for the free passage of emergency vehicles into the event area in case of emergency. q) City council may authorize a regularly schedule event such as Bayfest or Buccaneer Days to charge an admission fee. r) The city council by motion may authorize temporary closure of a street for producing a historical, cultural, documentary, promotional, or other similar motion picture, or for conducting a comparable event, which will promote the city. In addition to the application fee required by section 49-16, before the permit is issued the sponsor shall pay the same occupancy charges that would be required by section 53-195 for a contractor occupying public right-of-way during erection, construction or repair of a building. If the city council finds that producing the motion picture or conducting the event in the city will provide sufficient favorable publicity and economic benefits to justify waiver, the council may waive the payment of said occupancy charges and may waive the requirements of subsections (a) and (b) above. In addition to the foregoing conditions and requirements, the city may require such other conditions or requirements as are reasonably necessary to fit the particular needs of the event in order to ensure the public safety and protect public property. (Ord. No. 17651, § 1, 6-15-1983; Ord. No. 22157, § 1, 2-21-1995; Ord. No. 23128, § 1, 11- 11-1997; Ord. No. 24136, § 1, 7-25-2000; Ord. No. 027393, § 1, 8-28-2007) Sec. 49-18. Reimbursement for costs of the city. For any event requiring the temporary closure of one (1) or more streets the sponsor must agree to either: a) Pay to the city four (4) per cent of the gross receipts derived from the event to defray the public expenses involved in producing the event; or b) Pay to the city an amount equal to the actual costs and expenses incurred by the city cleaning the site after the event and any other actual expenses of the city associated with the'event. (Ord. No. 17651, § 1, 6-15-1983) Sec. 49-19. Reserved. hftp7t/www.municode.com/resources/ciateway-asp?pld=l 3945&sid=43 Chapter 49 Streets and Sidewalks* Division 2, Temporary Closer of Streets Sec. 49-15 through Sec. 49-19 Page 8 of 8 MMM Wrestling fiv y ° i G snmrsamir.�'e-.mm -. nrz, ak. � F� ��� � VDI1tl1TCer 'Food & ACea & Kids IAMLd-CC BeVice Staging Tent & } y Craw Tcnt Iron Pour BAR t Gignac f daddies House Of Rock BAR 2 KSpace Contemporary TWIGG ST. N SCALE: N.T.S. w W C Q w N � TAYLOR ST. x a U Z U 2 BUFFALO ST. STARR ST. TEMPORARY STREET CLOSURE ANTELOPE ST. a �d PEOPLES ST. to w K SOI'/ ATIf` sr m U � W z LEOPARD ST. 30 KEY ® -STREET CLOSURE - SITE PLAN - EXHIBIT - DIA DE LOS MUERTOS FESTIVAL Traffic Engineering Div. —440— Engineering Services Dept, 35 AGENDA MEMORANDUM for the City Council Meeting of October 11, 2011 DATE: 9/14/2011 TO: Ronald L. Olson, City Manager FROM: John D. Bell, General Counsel, jdbell@wbwpc.com, 888-9201 Board of Directors Meeting of the Coastal Bend Health Facilities Development Corporation. CAPTION: Board of Directors Meeting of the Coastal Bend Health Facilities Development Corporation BACKGROUND AND FINDINGS: The City has sponsored an entity to facilitate healthcare financings that are tax-exempt under federal law since 1980 with the creation of the Coastal Bend Hospital Authority. The initial board of directors was appointed by the City Council. State law changed in 1983 providing better financing flexibility through a health facilities development corporation, so the City formed the Coastal Bend Health Facilities Development Corporation in 1984. The members of the board of the Coastal Bend Hospital Authority transitioned to the new entity, and after its outstanding bond obligations were retired, the Coastal Bend Hospital Authority was dissolved. Federal law allows entities such as the Coastal Bend Health Facilities Development Corporation to issue tax- exempt bonds to finance health facilities. The owner and operator of the health facilities is solely obligated to repay the bonds, and neither the State of Texas nor the City of Corpus Christi have any liability whatsoever for the obligations. All of the financing terms, conditions and availability of funds must be structured by the owner and operator of the health facilities and its lender. Under federal tax laws, these types of financings generally are available only to 501(c)(3) non-profit organizations like Christus Spohn Health System. In 2001 the Legislature amended the Cultural Education Facilities Finance Act to allow corporations organized under that statute to finance health facilities anywhere in the State utilizing simpler procedures. Initially, that amendment only applied to corporations in counties of at least 400,000 in population, but in 2008 the board of directors of the Coastal Bend Health Facilities Development Corporation requested that the City include in its legislative program a bill to drop the population minimum to counties of at least 300,000. The City was effective in getting the law amended through the passage of H.B. 1258 by Ortiz and S.B. 1035 by Hinojosa in the 2009 legislative session. The Coastal Bend Health Facilities Development Corporation principally has assisted in financing facilities for Christus Spohn Hospital over the years, but it also has financed other facilities for non-profit organizations. Types of Financing A comparative table showing the types of financings that have been done by the Health Facilities Development Corporation under the old law and those that can be done by a new Cultural Education Facilities Finance Corporation are as follows: —443— Types of Financings by Types of Financings by Health Facilities Development Corp. Cultural Education Facilities Finance Corp. Buildings and Equipment at Christus Spohn Hospital facility Non-profit Nursing Home facility Buildings and Equipment at Christus Spohn Hospital facility as part of a multi -county Christus financing Buildings and Equipment at Christus Spohn Hospital Facility Non-profit Nursing Home facility Buildings and Equipment at Christus Spohn Hospital Facility as part of a multi -county Christus financing* Art center or museum construction or expansion by a non-profit organization Education facility construction or expansion by a non-profit organization Community center construction or expansion by a non-profit organization Although a health facilities development corporation can facilitate multi -county financings for a large non-profit entity like Christus Health System, the procedures available for cultural education facilities finance corporations in larger counties are much easier. Election of Officers The Bylaws of the Coastal Bend Health Facilities Development Corporation provide for the following officers: President, Vice President, Secretary, Assistant Secretary, Treasurer, Assistant Treasurer and General Manager. Typically, the President and Vice President have been elected from the Board of Directors. The Bylaws provide that officers do not have to be Board members, and the remaining positions have been held by the persons on City staff holding the functional equivalent positions as follows: Secretary Assistant Secretary Treasurer Assistant Treasurer General Manager Armando Chapa Mary Juarez Margie Rose Constance Sanchez Ronald L. Olson Amendment of Bylaws and Articles of Incorporation The Bylaws and Articles of Incorporation initially contemplated non-public official appointees to the Board with the City Manager and the Assistant City Manager for Development also serving on the Board. The following amendments to the bylaws and articles of incorporation conform the documents to the forms of the Corpus Christi Housing Finance Corporation and Corpus Christi Industrial Development Corporation which are similar entities that act on behalf of the City for federal tax purposes: Section 2.01 of the Bylaws is amended to read as follows: Section 2.01. The number of Directors which shall constitute the whole Board shall be nine. Directors shall be elected for terms approximately coterminous with the terms of City Council members. Any Director may succeed himself. Any Director who is a public official of the City shall, upon termination of his or her status as a public official, be deemed to have resigned as a Director, which resignation shall be effective at the next regular meeting of the corporation. 2. Section 2.06 of the Bylaws is amended to delete the second sentence which states: —444— The City Manager of the City, as a Director of the corporation, may vote in person or by proxy executed in writing by him. 3. Section 4.01 of the Bylaws is amended to read as follows: Section 4.01. The officers of the corporation shall be chosen by the Board of Directors. The Board of Directors shall choose from its members a President and a Vice President. The Board of Directors shall also choose a Secretary and a Treasurer who may or may not be members of the Board of Directors. The City Manager of the City of Corpus Christi and his or her successors shall serve as the General Manager of the corporation. The General Manager shall not be a member of the Board of Directors, but shall serve at the pleasure of the Board of Directors, and shall be under their supervision. Any two or more offices may be held by the same person, except the offices of President, Secretary and General Manager. 4. Section 5.02 of the Bylaws is amended to add "the General Manager," after "the Assistant Treasurer" in order to authorize the General Manager to sign checks. 5. A true and complete copy of the Bylaws of the Coastal Bend Health Facilities Development Corporation, as amended, is attached. 6. Article VII of the Articles of Incorporation is amended to delete the following provision: provided, however, that the term of any director who is a public official of the City shall not exceed the period for which such director shall be a public official of the City. Amendment of Outstanding Bonds The Corporation has several series of outstanding bonds issued for Christus Health System facilities in various parts of Texas. In order to take advantage of lower interest rate opportunities in the bond markets, Christus requests the amendment of one or more of the outstanding series of bonds in order to lock in better interest rates. A Resolution describing the changes is attached. ALTERNATIVES: The Board of Directors could elect not to approve the proposed amendments to the Trust Indenture concerning the referenced bond issue. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: The action conforms to all applicable City policies EMERGENCY/NON-EMERGENCY: The action is non -emergency but only requires one meeting of the City Council. DEPARTMENTAL CLEARANCES: N/A FINANCIAL IMPACT: Not applicable —445— Fiscal Year: 2011-2012 Project to Date Expenditures CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: N/A Conduct the annual meeting of the Coastal Bend Health Facilities Development Corporation, approve of the amendment of the bylaws and articles of incorporation relating to the board of directors, and consider financing proposals concerning the existing bonds of the Corporation from Christus Health System. LIST OF SUPPORTING DOCUMENTS: Agenda for Annual Meeting Minutes of September 15, 2010, Board Meeting Treasurer's Report Resolution Amending Certain Terms of 2005 Bond Issue Approvals: Oscar R. Martinez, Assistant City Manager IMM AGENDA Annual Meeting COASTAL BEND HEALTH FACILITIES DEVELOPMENT CORPORATION Date: Tuesday, October 11, 2011 Time: During the meeting of the City Council beginning at 12:00 p.m. Location: City Council Chambers, Corpus Christi City Hall 1201 Leopard Street. Corpus Christi, Texas 78401 2. 3. 13 5. Call meeting to order. Secretary Armando Chapa calls roll. Board of Directors Joe Adame Chris Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal David Loeb John Marez Nelda Martinez Mark Scott Officers Armando Chapa, Secretary Mary Juarez, Asst. Secretary , Treasurer Constance P. Sanchez, Asst. Treasurer , General Manager Approve minutes from the Board meeting on September 15, 2010. Treasurer's Report. Amendment of Bylaws and Articles of Incorporation. 6. Election of Officers: President Vice President Secretary Assistant Secretary Treasurer Assistant Treasurer General Manager Consideration of Resolution Authorizing Amendment Of Trust Indenture Relating To Interest Rate Conversion Of Revenue Bonds (Christus Health) Series 20056-2, And Related Matters. 8. Public comment. 9. Adjourn. —447— COASTAL BEND BEALTH FACILITIES DEVELOPMENT CORPORATION September 15, 2010 11:00 A.M. PRESENT Board of Directors Dan Winship, President Judy Telge, Vice President (Arrived at 11:03 a.m.) Annie Jean Castro (Arrived at 11:03 a.m.) Curtis A. Rock Erika Escobedo-Benson Dr. Richard Davis Johnny Perales Angel Escobar (Arrived at 11:09 a.m.) Officers Cindy O'Brien, Treasurer Constance P. Sanchez, Asst. Treasurer Armando Chapa, Secretary Mary Juarez, Asst. Secretary President Winship called the meeting to order in the Council Chambers of City Hall. Secretary Chapa called the roll and verified that a quorum of the Board was present to conduct the meeting and that notice of the meeting had been properly posted. President Winship asked for approval of the minutes of the September 24, 2008 meeting. A motion was made to approve the minutes as presented and passed. President Winship called for the Treasurer's Report for twelve months ended July 31, 2010. Treasurer Cindy O'Brien stated the fund balance was $3,714, She also stated that the August balance sheets were included and that the fund balance increased to $3,715. She stated the reason there was a balance was that in 2007 Metro Ministries was granted monies for a Health Wellness Center and this was the balance remaining. President Winship introduced Item No. 5., election of officers. Ms. Escobedo-Benson made a motion to reappoint all current officers, seconded by Dr. Davis and passed. President Winship asked for public comment. John Bell, Attorney for the Corporation, gave a brief update of the current schedule for the Corporation. He stated there was a balance from the grant program of. $3,715 and approximately $300 million in tax exempt bonds issued and outstanding with CHRISTUS Spohn. He said that once CHRISTUS Spohn refinances the bonds through the new Coastal Bend Cultural Education Facilities Finance Corporation then this Corporation will be dissolved. Ms. Telge asked if the new Corporation just entails health facilities. Mr. Bell stated it can finance any cultural or educational facilities as well as health care facilities. Ms. Castro asked if the proceeds could expand for nonprofits too. Mr. Bell said that yes the money could be used for broader purposes with board approval. Ms. Telge inquired if approval of the new Corporation had been passed. Mr. Bell stated the law had been amended to allow Corpus Christi to do this and it was approved by the Governor and passed. . MINUTES Coastal Bend Health Facilities Development Corporation September 15, 2010 Page 2 There being no further business to come before the board, President Winship adjourned the meeting at 11:15 A.M. on September 15, 2010. —449— Coastal Bend Health Facilities Development Corporation Balance Sheet July 31, 2011 UNAUDITED Assets Current assets: Cash Total assets Liabilities and Fund Balance Fund balance: Assigned Total fund balance Total liabilities and fund balance —450— $ 3,719 3,719 3,719 3,719 $ 3,719 Coastal Bend Health Facilities Development Corporation Summary of Transactions For twelve months ended July 31, 2011 Fund balance at August 1, 2010 Revenues: Interest earned Total revenues Fund balance at July 31, 2011 UNAUDITED -451- $ 3,714 5 5 $ 3,719 Resolution Of Coastal Bend Health Facilities Development Corporation Authorizing Amendment Of Trust Indenture Relating To Interest Rate Conversion Of Revenue Bonds (Christus Health) Series 200511-2, And Related Matters WHEREAS, the Health Facilities Development Act, Chapter 221, Texas Health and Safety Code, as amended (the "Act'), authorizes and empowers the Coastal Bend Health Facilities Development Corporation (the "Issuer") to issue revenue bonds on behalf of the City of Corpus Christi, Texas (the "Sponsoring Entity") to finance the cost of "health facilities" (as defined in the Act); and WHEREAS, the Act authorizes the Issuer to make a secured or unsecured loan to provide temporary or permanent financing or refinancing of all or part of the cost of a health facility, including refinancing of an outstanding obligation, mortgage or advance made or given by a person for the cost of a health facility; and WHEREAS, pursuant to a Trust Indenture and Security Agreement, dated as of November 1, 2005, between the Issuer and The Bank of New York Mellon Trust Company, National Association (formerly known as The Bank of New York Trust Company, National Association, successor to the corporate trust business of 7PMorgan Chase Bank, National Association), as Trustee (the "Indenture") the Issuer has previously issued its Revenue Bonds (CHRISTUS Health) Series 2005B-2 (the "Bonds"); and pursuant to a Loan Agreement, dated as of November 1, 2005, between the Issuer and CHRISTUS Health ("CHRISTUS"), the Issuer loaned the proceeds thereof to CHRISTUS for the purposes described therein; and WHEREAS, CHRISTUS desires to convert the interest rate period of the Bonds from the Auction Rate Period to the Long -Term Interest Rate Period or other interest rate period, as provided in the Indenture; and WHEREAS, in connection with such conversion of the Bonds to a different interest rate mode, CHRISTUS has requested that the Issuer approve an amendment and restatement of the Indenture (as further described herein, the "Amended Indenture") for the purpose of amending certain provisions relating to the Long -Term Interest Rate Period (as defined in the Indenture) in order to increase the marketability of the Bonds when and if converted to a Long -Term Interest Rate Period, along with certain other amendments thereto; and WHEREAS, for the aforesaid purposes, the Issuer now desires to authorize amendments to the Indenture, to authorize one or more TEFRA hearings in the City of Corpus Christi and/or Nueces County, Texas and such other jurisdictions as may be necessary, to approve offering documents in connection with the Bonds in the new interest rate mode, and to authorize other matters in connection therewith; and WHEREAS, counsel to the Issuer has been presented with and has examined the proposed form of the Amended Indenture and the Board finds that the form and substance of the Amended Indenture as so amended and restated is satisfactory and the recitals and findings made therein by the Issuer therein are true, correct and complete; and -452- WHEREAS, the Board finds that it is in the best interest of the public and the Issuer and assists in carrying out the public purpose of the Issuer and of the Act to authorize the execution and delivery of the Amended Indenture. Now, Therefore, Be It Resolved By The Board Of Directors Of The Coastal Bend Health Facilities Development Corporation, That: 1. The Board hereby authorizes and approves the amendment and restatement of the Indenture substantially in the form presented to counsel to the Issuer (the "Amended Indenture"), by and between the Issuer and The Bank of New York Mellon Trust Company, National Association, as Trustee (the "Trustee"). The President or any Vice President or other authorized officer of the Issuer are hereby authorized and directed to execute and deliver such Amended Indenture on behalf of the Issuer, and the Secretary or any Assistant Secretary of the Issuer are hereby authorized to attest such Amended Indenture with such changes therein as the officers executing the same may approve following review by counsel to the Issuer, such approval to be conclusively evidenced by such officers' execution thereof. 2. The Board further authorizes and directs the officers of the Board or any of them to execute, or cause to be executed by their facsimile signature, and deliver to the Trustee new or amended definitive Bonds as may be necessary or desirable in connection with a conversion of the Bonds to one or more new interest rate periods. 3. The officers of the Board and its counsel are hereby authorized and directed to cooperate with CHRISTUS and Bond Counsel in delivering and executing any certificates (including but not limited to a Form 8038 to be filed with the Internal Revenue Service), new or amended definitive bonds reflecting the new interest rate period and any applicable changes to the terms of the Bonds, any agreements or related documents or tax certificates or agreements required or desirable in the opinion of Bond Counsel and counsel to the Issuer in connection with the Amended Indenture, the conversion of the Bonds to another interest rate period, or to effectuate the matters approved by this Resolution. 4. The Board hereby appoints each of the following persons or their designees as the hearing officers for any public hearings required by Section 147(f) of the Internal Revenue Code with respect to the Bonds: John D. Bell, Shawn Cloonan, Peggy Christman, Amanda Edwards, and Cristy Edwards. All actions taken by or on behalf of the Issuer with respect to the publication of notices of such public hearings and the conducting of such public hearings are hereby authorized, approved, and ratified. 5. The Board hereby authorizes and approves the use and inclusion of the information relating to the Issuer in the Preliminary Reoffering Circular and Reoffering Circular relating to the Bonds under the caption "THE ISSUER', which information has been presented to counsel to the Issuer. The Board further authorizes the use and distribution of the Preliminary Reoffering Circular and Reoffering Circular by the underwriters and remarketing agents; provided that the Issuer disclaims any responsibility for the information contained therein other than under the caption "THE ISSUER." —453— 6. The officers, employees and agents of the Issuer, and each of them, shall be and each is expressly authorized, empowered and directed from time to time and at any time to do and perform all acts and things and to execute, acknowledge and deliver in the name of and on behalf of the Issuer all documents, certificates, financing statements, termination statements, instruments and other papers, whether or not herein mentioned, as they may determine to be necessary or desirable in order to carry out the terms and provisions of this resolution as well as the terms and provisions of the Amended Indenture, such determination to be conclusively evidenced by the performance of such acts and things and the execution of any such certificate, financing statement, instrument or other paper. 7. The General Manager is hereby authorized and directed to take such actions that are reasonable and necessary as determined by him to effect the foregoing matters in this Resolution and execute such approvals or contracts and provide any consents or other matters not specifically stated above. 8. This resolution shall take effect and be in full force and effect upon and after its passage. PASSED AND APPROVED this 11th day of October, 2011. ATTEST: COASTAL BEND HEALTH FACILITIES DEVELOPMENT CORPORATION By: By: Secretary President —454— we DATE: 9/21/2011 TO: Ronald L. Olson, City Manager FROM: John D. Bell, General Counsel, jdbell@wbwpc.com, 888-9201 AGENDA MEMORANDUM for the City Council Meeting of October 11, 2011 Board of Directors Meeting of the Coastal Bend Cultural Education Facilities Finance Corporation. CAPTION: Board of Directors Meeting of the Coastal Bend Cultural Education Facilities Finance Corporation. BACKGROUND AND FINDINGS: The history of the Coastal Bend Health Facilities Development Corporation, a sister organization to this corporation, is provided in the agenda item for that Corporation. In 2001 the Legislature amended the Cultural Education Facilities Finance Act to allow corporations organized under that statute to finance health facilities anywhere in the State utilizing simpler procedures. Types of Financing A comparative table showing the types of financings that have been done by the Health Facilities Development Corporation under the old law and those that can be done by a new Cultural Education Facilities Finance Corporation is provided in the agenda item for Coastal Bend Health Facilities Development Corporation. Election of Officers The Bylaws of the Coastal Bend Health Facilities Development Corporation provide for the following officers: President, Vice President, Secretary, Assistant Secretary, Treasurer, Assistant Treasurer and General Manager. Typically, the President and Vice President have been elected from the Board of Directors. The Bylaws provide that officers do not have to be Board members, and the remaining positions have been held by the persons on City staff holding the functional equivalent positions as follows: Secretary Armando Chapa Assistant Secretary Mary Juarez Treasurer Margie Rose Assistant Treasurer Constance Sanchez General Manager Ronald L. Olson —457— Amendment of Bylaws The Bylaws initially contemplated non-public official appointees to the Board with the City Manager and the Assistant City Manager for Development also serving on the Board. The following amendments to the bylaws conform the documents to the forms of the Corpus Christi Housing Finance Corporation and Corpus Christi Industrial Development Corporation which are similar entities that act on behalf of the City for federal tax purposes: 1. Section 2.01 of the Bylaws is amended to read as follows Section 2.01. The number of Directors which shall constitute the whole Board shall be nine. Directors shall be elected for terms approximately coterminous with the terms of City Council members. Any Director may succeed himself. Any Director who is a public official of the City shall, upon termination of his or her status as a public official, be deemed to have resigned as a Director, which resignation shall be effective at the next regular meeting of the corporation. 2. Section 2.06 of the Bylaws is amended to delete the second sentence which states: The City Manager of the City, as a Director of the corporation, may vote in person or by proxy executed in writing by him. 3. Section 4.01 of the Bylaws is amended to read as follows: Section 4.01. The officers of the corporation shall be chosen by the Board of Directors. The Board of Directors shall choose from its members a President and a Vice President. The Board of Directors shall also choose a Secretary and a Treasurer who may or may not be members of the Board of Directors. The City Manager of the City of Corpus Christi and his or her successors shall serve as the General Manager of the corporation. The General Manager shall not be a member of the Board of Directors, but shall serve at the pleasure of the Board of Directors, and shall be under their supervision. Any two or more offices may be held by the same person, except the offices of President, Secretary and General Manager. 4. Section 5.02 of the Bylaws is amended to add "the General Manager," after "the Assistant Treasurer" in order to authorize the General Manager to sign checks. 5. A true and complete copy of the Bylaws of the Coastal Bend Health Facilities Development Corporation, as amended, is attached. Issuance of New Revenue Bonds The Corporation has been requested to consider the issuance of new revenue bonds for Christus Health System in order to refinance bonds previously issued by the Tarrant County Cultural Education Facilities Finance Corporation to finance facilities in various parts of Texas. In order to take advantage of lower interest rate opportunities in the bond markets, Christus requests the issuance of these refunding bonds in order to lock in better interest rates. A Resolution describing the possible bond issue is attached. ALTERNATIVES: The Board of Directors could elect not to approve the proposed refunding bond issue. OTHER CONSIDERATIONS: N/A -458- CONFORMITY TO CITY POLICY: The action conforms to all applicable City policies. EMERGENCY/NON-EMERGENCY: The action is non -emergency but only requires one meeting of the City Council. DEPARTMENTAL CLEARANCES: N/A FINANCIAL IMPACT: Not applicable Fiscal Year: 2011-2012 Project to Date Expenditures CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: N/A RECOMMENDATION: Conduct the annual meeting of the Coastal Bend Cultural Education Facilities Finance Corporation, approve of the amendment of the bylaws relating to the board of directors and consider financing proposals concerning the issuance of bond financing for Christus Health System. LIST OF SUPPORTING DOCUMENTS: Agenda for Annual Meeting Minutes for September 15, 2010, Board Meeting Treasurees Report Resolution Authorizing Issuance of New Refunding Bonds Approvals: Oscar R. Martinez, Assistant City Manager -459- AGENDA Annual Meeting COASTAL BEND HEALTH CUTLURAL EDUCATION FACILITIES FINANCE CORPORATION Date: Tuesday, October 11, 2011 Time: During the meeting of the City Council beginning at 12:00 p.m. Location: City Council Chambers, Corpus Christi City Hall 1201 Leopard Street, Corpus Christi, Texas 78401 1. Call meeting to order. 2. Secretary Armando Chapa calls roll. Board of Directors Officers Joe Adame Armando Chapa, Secretary Chris Adler Mary Juarez, Asst. Secretary Larry Elizondo, Sr. , Treasurer Kevin Kieschnick Constance P. Sanchez, Asst. Treasurer Priscilla Leal General Manager David Loeb John Marez Nelda Martinez Mark Scott 3. Approve minutes from the Board meeting on September 15, 2010. 4. Treasurer's Report. 5. Amendment of Bylaws. 6. Election of Officers: President Vice President Secretary Assistant Secretary Treasurer Assistant Treasurer General Manager Consideration of Resolution Authorizing The Issuance Of Revenue Bonds On Behalf Of Christus Health, And Approving Documents And Actions In Connection Therewith; Resolving Other Matters Pertaining To The Issuance And Sale Of The Bonds; And Providing An Effective Date. 8. Public comment. 9. Adjourn. —460— MINUTES COASTAL BEND CULTURAL. EDUCATION FACILITIES FINANCE CORPORATION Organizational Meeting September 15, 2010 11:16 A.M. PRESENT Board of Directors Officers Dan Winship Cindy O'Brien, Treasurer Judy Telge Constance P. Sanchez, Asst. Treasurer Annie Jean Castro Armando Chaps, Secretary Curtis A. Rock Mary Juarez, Asst. Secretary Erika Escobedo-Benson Dr. Richard Davis Angel Escobar Cindy O'Brien Mr. Winship, Temporary Chair, called the meeting to order in the Council Chambers of City Hall. Secretary Chapa called the roll and verified that a quorum of the Board was present to conduct the meeting and that notice of the meeting had been properly posted. Mr. Winship asked for adoption of Bylaws. A motion was made to approve the bylaws as presented and passed. Mr. Winship introduced Item No. 4., election of officers. Ms. Castro made a motion to reappoint all current officers from the Coastal Bend Health Facilities Finance Corporation, seconded by Mr. Rock and passed. President Winship asked for public comment. John Bell, Attorney for Corporation, stated he would advise the Corporation if they needed to have a meeting. Mr. Winship asked if the funds from the Coastal Bend Health Facilities Finance Corporation should be transferred to this Corporation. Mr. Bell said not at this time. There being no further business to come before the board, President Winship adjourned the meeting at 11:27 A.M., on September 15, 2010. —461— Coastal Bend Cultural Education Facilities Corporation Balance Sheet July 31, 2011 UNAUDITED Assets Current assets: Cash Total assets Liabilities and Fund Balance Fund balance: Assigned Total fund balance Total liabilities and fund balance —462— Coastal Bend Cultural Education Facilities Corporation Summary of Transactions For twelve months ended July 31, 2011 Fund balance at August 1, 2010 Revenues: Interest earned Total revenues Fund balance at July 31, 2011 UNAUDITED -463- Resolution Of Coastal Bend Cultural Education Facilities Finance Corporation Authorizing The Issuance Of Revenue Bonds On Behalf Of Christus Health, And Approving Documents And Actions In Connection Therewith; Resolving Other Matters Pertaining To The Issuance And Sale Of The Bonds; And Providing An Effective Date WHEREAS, the Cultural Education Facilities Finance Corporation Act, Article 1528m, Texas Revised Civil Statutes (as amended from time to time, the "Enabling Act") authorizes and empowers the Coastal Bend Cultural Education Facilities Finance Corporation (the "Issuer") to issue revenue bonds on behalf of Corpus Christi, Texas (the "Sponsoring Entity'), in accordance with the terms of the Enabling Act, to provide funds to finance or refinance all or part of the cost of "health facilities" (as defined in the Health Facilities Development Act, Chapter 221, Texas Health and Safety Code (as amended from time to time, the "Health Act" and, together with the Enabling Act, the "Acts")); and WHEREAS, the Enabling Act authorizes the Issuer to make a secured or unsecured loan to provide temporary or permanent financing or refinancing of all or part of the cost of a health facility, including refinancing of an outstanding obligation, mortgage or advance made or given by a person for the cost of a health facility; and WHEREAS the Tarrant County Cultural Education Facilities Finance Corporation has previously issued its Variable Rate Revenue Refunding Bonds (CHRISTUS Health) Series 2008C-1, 2008C-2, 2008C-3 and 2008C-4, and loaned the proceeds thereof to CHRISTUS Health, a Texas non-profit corporation, ("CHRISTUS") for the purpose of financing and refinancing certain health facilities as permitted under the Acts (collectively, the "Prior Bonds"); and WHEREAS, CHRISTUS has requested that the Issuer issue revenue bonds in one or more series (herein, the `Bonds"), the proceeds of which are to be loaned to CHRISTUS and used, among other things, to: (i) to refinance and refund all or any portion of the Prior Bonds, (ii) finance the costs of issuance of the Bonds, and/or (iii) fund a debt service reserve fund for one or more series of the Bonds; and WHEREAS, for the aforesaid purposes, the Issuer now desires: (i) to authorize the issuance, either together or on separate dates, of one or more series of its Revenue Bonds (CHRISTUS Health) in the maximum aggregate principal amount not to exceed $220,000,000 (the "Bonds"), pursuant to the terms of one or more trust indenture and security agreements between the Issuer and The Bank of New York Mellon Trust Company, National Association, as trustee (the "Trustee"); (ii) to provide for the sale of the Bonds either to: (a) Goldman, Sachs & Co. and/or Citigroup Global Markets Inc., on behalf of itself and as representative of the underwriters named in the Contracts of Purchase (collectively, the "Underwriters") in connection with a public offering of the Bonds or (b) one or more qualified accredited investors (collectively, the "Purchasers") to be selected by CHRISTUS and named in the Contracts of Purchase in connection with a private placement of the Bonds, in either case pursuant to the terms of one or more Contracts of Purchase between the Issuer and the Underwriters or Purchasers (as applicable) (together, the "Contracts of Purchase" and each, a "Contract of am Purchase") and to approve the execution and delivery of the Contracts of Purchase; (iii) to approve and authorize the distribution of one or more preliminary official statement and final official statements (the "Offering Documents") relating to the offering and sale of the Bonds; (iv) to make certain provisions relating to financing the costs of issuing the Bonds; (v) to authorize such further actions as are necessary to effectuate the financing; and (vi) to provide for the payment of the principal of, premium, if any, and interest on the Bonds with revenues derived from the repayment of the loan of proceeds of the sale of the Bonds to CHRISTUS, pursuant to the terms and provisions of one or more loan agreements, and to take and authorize certain other actions in connection with the foregoing; and WHEREAS, counsel to the Issuer has been presented with and has examined proposed forms of the documents and instruments approved hereby (the "Financing Documents"), and the Board finds that the form and substance of the Financing Documents which are to be executed by the Issuer are satisfactory and the recitals and findings made by the Issuer therein are true, correct and complete, and the Issuer hereby adopts and incorporates by reference such recitals and findings as if set forth in full in this resolution, and finds that it is in the best interest of the public and the Issuer and assists in carrying out the public purpose of the Issuer and of the Acts to authorize the execution and delivery of the Financing Documents; and WHEREAS, the Issuer has determined, in accordance with Article 1396-2.18 of the Texas Non -Profit Corporation Act and [Section 2.13] of the Bylaws of the Issuer, to create a Pricing Committee to approve the final terms of each series of the Bonds; and WHEREAS, the Issuer desires, in accordance with the provisions of Section 221.062 of the Health Act, to submit for filing with the City Council (the "Governing Body") of the Sponsoring Entity a Notice to the City Council of Corpus Christi, Texas of Intent to Issue Bonds and Providing Certain Information Relating Thereto with respect to each series of the Bonds; and WHEREAS, the provisions of Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), may require that a public hearing be held within each governmental unit wherein the facilities to be refinanced with the proceeds of the Bonds (the "Project") are located in connection with the proposed issuance of the Bonds and the use of the proceeds thereof to refinance the Project (collectively, the "Public Hearings"), and that notice of such Public Hearings be published no less than 14 days before the date of each such Public Hearing in a newspaper of general circulation available to residents within the respective governmental units wherein the facilities to be financed with the proceeds of the Bonds are located (collectively, the "Notices of Public Hearing"); and WHEREAS, the Board desires to authorize, approve and ratify the publication of the Notices of Public Hearing and appoint persons to act on behalf of the Issuer as hearing officers for the Public Hearings; WHEREAS, in connection with the preparation of the Offering Documents, the Issuer has furnished information to the Underwriters set forth in the form of such Offering Documents concerning itself under the captions "THE ISSUER — Coastal Bend Cultural Education Facilities Finance Corporation" and the Board now desires to approve the use of such information in such —465— Offering Documents. Now, Therefore, Be It Resolved By The Board Of Directors Of The Coastal Bend Cultural Education Facilities Finance Corporation, That: 1. All of the above recitals are found and determined to be true and correct and are incorporated into the body of this Resolution as if repeated in their entirety. 2. The Board hereby authorizes and directs the issuance of the Bonds in one or more series, either together or on separate dates, in the maximum aggregate principal amount not to exceed $220,000,000, pursuant to the terms and provisions of one or more trust indenture and security agreements (collectively, the "Indentures"), by and between the Issuer and the Trustee, substantially in the form presented to counsel to the Issuer, the form, terms and provisions of such Indentures being hereby authorized and approved. The President or any Vice President of the Issuer are hereby severally authorized and directed to execute and deliver such Indentures on behalf of the Issuer, and the Secretary or any Assistant Secretary of the Issuer are hereby severally authorized to attest such Indentures, with such changes therein as the officers executing the same may approve following review by counsel to the Issuer, such approval to be conclusively evidenced by such officers' execution thereof. 3. The loan of the proceeds of the sale of the Bonds by the Issuer to CHRISTUS in order to provide for the payment of the costs of refinancing the Project, funding a debt service reserve fund for one or more series of the Bonds, and funding the costs of issuance of each series of the Bonds shall be effected pursuant to the terms and provisions of one or more loan agreements (collectively, the "Loan Agreements"), by and between the Issuer and CMUSTUS, substantially in the form presented to counsel to the Issuer, the form, terms and provisions of such Loan Agreements being hereby authorized and approved. The President or any Vice President of the Issuer are hereby severally authorized and directed to execute and deliver such Loan Agreements on behalf of the Issuer, and the Secretary or any Assistant Secretary of the Issuer are hereby severally authorized to attest such Loan Agreements, with such changes therein as the officers executing the same may approve following review by counsel to the Issuer, such approval to be conclusively evidenced by such officers' execution thereof. 4. The sale and delivery of the Bonds by the Issuer to the Underwriters or Purchasers (as applicable) is hereby authorized and approved. The sale and delivery of the Bonds shall be effected in accordance with the terms and provisions of one or more Contracts of Purchase substantially in the form which was presented to counsel to the Issuer, the form, terms and provisions of such Contracts of Purchase being hereby authorized and approved. 5. As authorized by Article 1396-2.18 of the Texas Non -Profit Corporation Act and Section 2.13 of the Bylaws of the Issuer, the President and Vice President of the Board [or any two officers of the Board] (herein, the "Pricing Committee") are hereby authorized to act as a committee on behalf of the Issuer in selling and delivering the Bonds and carrying out the other procedures specified in this Resolution, including without limitation determining the price at which the Bonds of each series will be sold, the dated dates (one or more), the issuance dates (one or more), designation of the series of the Bonds, the initial interest payment dates for the Bonds, the years in which the Bonds will mature, the principal amount to mature in each of such years, the interest rates for the Bonds, the interest rate mode or modes in which the Bonds will be issued (which may be fixed rate or variable rate or a combination thereof), any optional redemption, mandatory sinking fund redemption, or other redemption provisions for the Bonds, designation of the Prior Bonds or portions thereof to be refunded or refinanced with each series of the Bonds, determining the method of sale of the Bonds (which may include a public offering by the Underwriters or a private placement to the Purchasers) and all other matters not expressly provided in this Resolution, relating to the issuance, sale and delivery of the Bonds, provided that: (i) the aggregate principal amount of the Bonds shall not exceed $220,000,000; (ii) the net effective interest rates on the Bonds shall not exceed the maximum rate allowed by Chapter 1204, Texas Government Code, as amended; and (iii) the Bonds may not mature later than 40 years after their date of issuance. 6. The sale and delivery of the Bonds on the terms and conditions determined by the Pricing Committee are hereby approved. Following approval by the Pricing Committee, the officers of the Issuer are each hereby authorized to execute, and, if requested, attest and affix the Issuer's seal to the Contracts of Purchase and to deliver the Contracts of Purchase to the Underwriters or Purchasers (as applicable), the approval of the Pricing Committee to be conclusively evidenced by such execution and delivery of the Contracts of Purchase. 7. The form, terms and provisions of one or more letters of representations from CMISTUS to the Issuer and the Underwriters or Purchasers (as applicable) relating to the Bonds (the "Letters of Representations"), substantially in the form which was presented to counsel to the Issuer, are hereby approved. The President or any Vice President of the Issuer are hereby severally authorized to execute and accept said Letters of Representations on behalf of the Issuer, and the Secretary or any Assistant Secretary of the Issuer are hereby severally authorized to attest such Letters of Representations, with such changes therein as the officers executing the same may approve following review by counsel to the Issuer, such approval to be conclusively evidenced by such officers' execution thereof. 8. The Board hereby authorizes the refinancing, refunding, and redemption of all or a portion of the Prior Bonds pursuant to the terms and provisions of one ore more escrow agreements or irrevocable instructions to the applicable bond trustee, the form, terms, and provisions of such agreements or instructions being hereby authorized and approved. The President and Vice President of the Issuer are hereby severally authorized to execute the same, and the Secretary or any Assistant Secretary —467— of the Issuer are hereby authorized to attest the same, with such changes as the officers executing the same may approve following review by counsel to the Issuer, such approval to be conclusively evidenced by such officers' execution thereof. 9. The Board hereby authorizes and approves the use of the information described in the last recital of this resolution in the Offering Documents that were presented to counsel to the Issuer and authorizes the use and distribution of such Offering Documents; provided that, in adopting this resolution, the Issuer hereby disclaims any responsibility for the Offering Documents except for the information described as having been provided by it in the last recital of this resolution and expressly disclaims any responsibility for any other information included as part of the Offering Documents. 10. The sale and delivery of the Bonds by the Issuer shall be subject to and conditioned upon, among other things, the receipt by the Issuer, on the date of initial delivery of each series of the Bonds against payment therefor (each, a "Closing Date'), of (i) the purchase price for the Bonds; and (ii) such opinions, evidences, certificates, instruments or other documents as shall be requested by the Counsel to the Issuer or by Vinson & Elkins L.L.P., Bond Counsel ("Bond Counsel'), to evidence due performance or satisfaction by CHRISTUS at or prior to such time of all agreements then to be performed and all conditions then to be satisfied by it. The satisfaction of each of such conditions with respect to each series of Bonds authorized hereunder shall be conclusively evidenced by the delivery by or on behalf of the Issuer of the Financing Documents on the date of issuance of the applicable series of Bonds. 11. The Board hereby authorizes, approves and ratifies the publication of the required Notices of Public Hearing, if any, in such form as shall be approved by Bond Counsel and CHRISTUS, in a newspaper of general circulation in each jurisdiction where such publication is required pursuant to Section 147(f) of the Code. John Bell, Shawn Cloonan, Peggy Christman, Amanda Edwards, Cristy Edwards, or any of their designees, or any of such persons, are hereby appointed and authorized to act on behalf of the Issuer as its hearing officer, and to hold the public hearings with respect to the issuance of the Bonds in accordance with the requirements of Section 147(f) of the Code. 12. The Board hereby authorizes and directs the Secretary of the Issuer to execute and, at least 15 days before the issuance of each series of the Bonds, deliver a Notice to the City Council of Corpus Christi, Texas of Intent to Issue Bonds and Providing Certain Information Relating Thereto in form acceptable to Counsel to the Issuer and Bond Counsel. 13. The officers, employees and agents of the Issuer, and each of them, shall be and each is expressly authorized, empowered and directed from time to time and at any time to do and perform all acts and things and to execute, acknowledge and deliver in the name of and on behalf of the Issuer all agreements, certificates, financing statements, termination statements, instruments and other papers, whether or not herein mentioned, as they may determine to be necessary or desirable in order to carry out the terms and provisions of this resolution and of the Bonds to be issued hereunder, as well as the terms and provisions of the Financing Documents, such determination to be conclusively evidenced by the performance of such acts and things and the execution of any such certificate, financing statement, instrument or other paper. 14. The officers of the Board and its counsel are hereby authorized and directed to cooperate with CMUSTUS and Bond Counsel in executing any certificates, agreements or related documents or tax certificates or agreements required in the opinion of Bond Counsel and Counsel to the Issuer to effectuate the issuance of the Bonds. 15. The Board directs Bond Counsel to prepare transcripts of the proceedings in connection with the issuance of each series of the Bonds and to present them to the Attorney General of the State of Texas for review and approval and to obtain registration of the initial Bonds by the Comptroller of Public Accounts of the State of Texas and to take all actions related thereto. 16. Based upon representations made by CHRISTUS to the Board, the Board hereby affirmatively fords that: a. the issuance of the Bonds is in furtherance of the public purposes of the Acts and will promote the health and welfare of the citizens of the State of Texas and assist in providing, expanding, and improving health facilities, which will improve the adequacy, cost and accessibility of health care, research and education within the State; and b. the Project being refinanced with proceeds of the Bonds is required, necessary or convenient for health care, research and education, one or more, within the State of Texas, and will aid in the provision, expansion and improvement of health facilities; C. there is a public benefit and a public purpose for the refunding and refinancing of the Prior Bonds; and d. all notices, approvals or consents required by the Acts for the issuance of the Bonds have been given or obtained. 17. If requested by the Attorney General of the State of Texas or his representative, the President or Vice President of the Issuer or counsel to the Issuer may authorize such changes in the written text of this resolution as he or she determines are consistent with the intent and purpose of this resolution, which determination shall be final. 18. The General Manager is hereby authorized and directed to take such actions that are reasonable and necessary as determined by him to effect the foregoing matters in this Resolution and execute such approvals or contracts and provide any consents or other matters not specifically stated above. —469— 19. This resolution shall take effect and be in full force and effect upon and after its passage. ATTEST: COASTAL BEND CULTURAL EDUCATION FACILITIES FINANCE CORPORATION By: By: Secretary President —470— 37 DATE: 9/21/2011 TO: Ronald L. Olson, City Manager FROM: John D. Bell, General Counsel, jdbell@wbwpc.com, 888-9201 CAPTION: AGENDA MEMORANDUM for the City Council Meeting of October 11, 2011 A. Resolution approving amendments to the Bylaws and Articles of Incorporation of the Coastal Bend Health Facilities Development Corporation. B. Resolution approving amendments to the Bylaws of the Coastal Bend Cultural Education Facilities Finance Corporation. A. Resolution approving amendments to the Bylaws and Articles of Incorporation of the Coastal Bend Health Facilities Development Corporation. B. Resolution approving amendments to the Bylaws of the Coastal Bend Cultural Education Facilities Finance Corporation. BACKGROUND AND FINDINGS: State law requires that the City Council approve amendments to the bylaws and the articles of incorporation of these entities. The amendments are consistent with the City Council action taken on September 13, 2011, appointing the members of the City Council to serve on the Board of Directors. ALTERNATIVES: The City Council could reverse its decision made on September 13, 2011, and appoint a different board of directors. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: The action conforms to all applicable City policies EMERGENCY/NON-EMERGENCY: The action is non -emergency but only requires one meeting of the City Council. —473— DEPARTMENTAL CLEARANCES: N/A FINANCIAL IMPACT: Not applicable Fiscal Year: 2011-2012 Project to Date Expenditures CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: N/A RECOMMENDATION: Approve the amendments of the bylaws and articles of incorporation of the Coastal Bend Health Facilities Development Corporation and approve the amendments of the bylaws of the Coastal Bend Cultural Education Facilities Finance Corporation relating to the board of directors. LIST OF SUPPORTING DOCUMENTS: Resolution Approving Amendments To The Bylaws And Articles Of Incorporation Coastal Bend Health Facilities Development Corporation Resolution Approving Amendments To The Bylaws Of The Coastal Bend Cultural Education Facilities Finance Corporation Approvals: Jay Reining, Assistant City Attorney Oscar R. Martinez, Assistant City Manager -474- A RESOLUTION Approving Amendments To The Bylaws And Articles Of Incorporation Coastal Bend Health Facilities Development Corporation Be It Resolved By The City Council Of The City Of Corpus Christi, Texas That: SECTION 1. The Amendment to Section 2.01 of the Coastal Bend Health Facilities Development Corporation Bylaws (the 'Bylaws") is approved and Section 2.01 is amended to read as follows: Section 2.01. The number of Directors which shall constitute the whole Board shall be nine. Directors shall be elected for terms approximately coterminous with the terms of City Council members. Any Director may succeed himself. Any Director who is a public official of the City shall, upon termination of his or her status as a public official, be deemed to have resigned as a Director, which resignation shall be effective at the next regular meeting of the corporation. SECTION 2, The Amendment to Section 2.06 of the Bylaws is approved and Section 2.06 is amended to delete the second sentence which states: The City Manager of the City, as a Director of the corporation, may vote in person or by proxy executed in writing by him. SECTION 3. The Amendment to Section 4.01 of the Bylaws is approved and Section 4.01 is amended to read as follows: Section 4.01. The officers of the corporation shall be chosen by the Board of Directors. The Board of Directors shall choose from its members a President and a Vice President. The Board of Directors shall also choose a Secretary and a Treasurer who may or may not be members of the Board of Directors. The City Manager of the City of Corpus Christi and his or her successors shall serve as the General Manager of the corporation. The General Manager shall not be a member of the Board of Directors, but shall serve at the pleasure of the Board of Directors, and shall be under their supervision. Any two or more offices may be held by the same person, except the offices of President, Secretary and General Manager. SECTION 4. The Amendment to Section 5.02 of the Bylaws is approved and Section 5.02 is amended to read as follows: Section 5.02. All checks or demands for money and notes of the corporation shall be signed by and any two of the following: the President, the Vice President, the Secretary, the Treasurer, the Assistant Treasurer, the General —475— Manager, or such other person or persons as the Board of Directors may from time to time designate. SECTION 5. The Amendment to Article VII of the Articles of Incorporation is approved and the following provision is deleted in order to make the Articles of Incorporation consistent with the Bylaws: provided, however, that the term of any director who is a public official of the City shall not exceed the period for which such director shall be a public official of the City. SECTION 6. The persons appointed to the Board of Directors on September 13, 2011, are confirmed as Directors of the Corporation. DULY PASSED AND ADOPTED this day of ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: 2011 Carlos Valdez, City Attorney Assistant City Attorney —476— 2011 CITY OF CORPUS CHRISTI Joe Adame Mayor A RESOLUTION Approving Amendments To The Bylaws Of The Coastal Bend Cultural Education Facilities Finance Corporation Be It Resolved By The City Council Of The City Of Corpus Christi, Texas That: SECTION 1. The Amendment to Section 2.01 of the Coastal Bend Cultural Education Finance Corporation Bylaws (the "Bylaws") is approved and Section 2.01 is amended to read as follows: Section 2.01. The number of Directors which shall constitute the whole Board shall be nine. Directors shall be elected for terms approximately coterminous with the terms of City Council members. Any Director may succeed himself. Any Director who is a public official of the City shall, upon termination of his or her status as a public official, be deemed to have resigned as a Director, which resignation shall be effective at the next regular meeting of the corporation. SECTION 2. The Amendment to Section 2.06 of the Bylaws is approved and Section 2.06 is amended to delete the second sentence which states: The City Manager of the City, as a Director of the corporation, may vote in person or by proxy executed in writing by him. SECTION 3. The Amendment to Section 4.01 of the Bylaws is approved and Section 4.01 is amended to read as follows: Section 4.01. The officers of the corporation shall be chosen by the Board of Directors. The Board of Directors shall choose from its members a President and a Vice President. The Board of Directors shall also choose a Secretary and a Treasurer who may or may not be members of the Board of Directors. The City Manager of the City of Corpus Christi and his or her successors shall serve as the General Manager of the corporation. The General Manager shall not be a member of the Board of Directors, but shall serve at the pleasure of the Board of Directors, and shall be under their supervision. Any two or more offices may be held by the same person, except the offices of President, Secretary and General Manager. SECTION 4. The Amendment to Section 5.02 of the Bylaws is approved and Section 5.02 is amended to read as follows: Section 5.02. All checks or demands for money and notes of the corporation shall be signed by and any two of the following: the President, the Vice President, the Secretary, the Treasurer, the Assistant Treasurer, the General Manager, or such other person or persons as the Board of Directors may —477— from time to time designate. SECTION 5. The persons appointed to the Board of Directors on September 13, 2011, are confirmed as Directors of the Corporation. DULY PASSED AND ADOPTED this day of ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: Carlos Valdez, City Attorney LIM Assistant City Attorney 2011 09E 2011 CITY OF CORPUS CHRISTI Joe Adame Mayor DATE: October 11, 2011 AGENDA MEMORANDUM for the City Council Meeting of: Presentation: September 27, 2011 Action: October 11, 2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director of Engineering Services 1A E -Mail: Petean(a_cctexas.com Work Phone: 826-3781 Approval of Resolution, Developer's Participation Agreement, and the Professional Engineering and Geotechnical Contracts for the Park Road 2211 Bridge Project. PURPOSE: a. Resolution Suporting the Park Road 22 Bridge Project and Commitment of Necessary, Funding for the Bridge Project in Support of the Padre Island Canal System and Associated Mixed -Use Development. b. Resolution Authorizing the City Manager or Designee to Execute an Interlocal Agreement with the Texas Department of Transportation for an Advance Funding Agreement for Voluntary Local Government Contributions to Transportation Improvement Projects for the Park Road 22 Bridge. c. Motion authorizing the City Manager, or designee, to execute a Memorandum of Understanding regarding developer's participation agreement with Asset Development Corp. & Gulf Shores Joint Venture of Corpus Christi, Texas for the Park Road 22 Bridge Project. d. Motion authorizing the City Manager, or designee, to execute a professional engineering contract with Urban Engineering, Inc. of Corpus Christi, Texas in an amount not to exceed $1,072,714.00 for the Park Road 22 Project. e. Motion authorizing the City Manager, or designee, to execute a professional engineering geotechnical services .contract with Raba Kistner, Inc. of Corpus Christi, Texas in an amount not to exceed $59,850.00 for the Park Road 22 Project. BACKGROUND AND FINDINGS: The Park Road 22 Project was approved by voters as part of the 2004 Bond election. The project as originally conceived was to include participation by TXDOT. TXDOT subsequently de -listed Park Road 22 as an approved TXDOT project as unnecessary for transportation and due to financial constraints. The project was to be based on box culverts under Park Road 22 to improve water circulation and quality for the Padre Island canals. KAEngineenng GateExchange\KevinS\GEN\STREETS15251 ParkRoad22-2004Bond'AEAwardMemo.dou ZMC Page 2 of 4 TXDOT ADVANCED FUNDING AGREEMENT: The agreement provides for the construction of a bridge structure on PR 22 that includes a waterway and pedestrian traffic crossing. The agreement provides for the City to: • provide TXDOT with the plans, specifications and contract documents in TXDOT format; • bid and award the construction agreement subject to TXDOT concurrence; • pay the TXDOT the estimated cost of TXDOT's construction oversight costs sixty days prior to receipt of bids; • submit all change orders to TXDOT for concurrence prior to approval; • pay for the construction of the project; • administer the construction of the project; and • pay TXDOT for any additional costs that may be required. TXDOT will: • review and approve all plans and specifications, • review and comment on all change orders; and • cooperate with the City in the administration of the project. No payment to TXDOT is required. TXDOT will absorb their indirect cost for engineering administration as the project is an on system project. DEVELOPER'S PARTICIPATION MEMORANDUM OF UNDERSTANDING: This Memorandum of Understanding (MOU) delineates the roles and responsibilities of the City and Developer in implementing the Project. The MOU is specific to Phase 1, which is the design and engineering phase of the Park Road 22 Bridge. The MOU sets the stage for making the necessary decisions to go forward with the construction of the bridge. Upon completion of Phase 1, this MOU will be replaced with a more detailed contractual agreement between the parties for Phases 2, 3, and 4. Phase 1 provides for the private Developer to: • Obtain a revision to the existing U.S. Army Corp. of Engineer Permit, associated with the Padre Isles Country Club Golf Course water features, for the canal system expansion. • Design the canal system associated with the Project. • Dedicate the necessary right-of-way and easement property for the development of the associated canal system adjacent to and necessary for the Project. • Provide overall management of the Project design and planning, starting with the canal system and developing and administering implementation and phasing of the Master Plan. • Set priorities for the overall development of the Site, including a phasing plan. The City is responsible in Phase 1 under the MOU to: • Provide an executive level single point of contact from the City for the proposed project. • Determine available funding sources for the Park Road 22 bridge design and construction. • Seek final council approval for the recommended funding sources. • Contract for engineering services related to environmental assessments and associated bridge design. • Provide project management coordination for overall project development activities requiring the City's coordination and inspection services. CONTRACTS: The Engineering Services contract provides for the Consultant to prepare plans, specifications, contract and bid documents in the TXDOT format that are necessary to obtain bids to allow award of a construction contract. Their fee includes permitting and construction management and observation K\Engineenng DalaExchange%KevinS\GENISTREETS16251 ParkRoad22-2004BondWEAwardMemo.docx -482- Page 3 of 4 services. The anticipated schedule is for construction to begin in October/November of 2012. A contract summary is attached. See Exhibit A. The Geotechnical Services contract provides for subsurface borings, laboratory testing to assess soil classification, characteristics, a report of findings, recommendations concerning the design and construction of the improvements. This contract is necessary to ensure the proper design and construction of water exchange channel, bridge, pavement, wastewater lift station, and other utility improvements. PROJECT DESCRIPTION: The current project concept provides for a 60 -ft. wide canal with broad sidewalks. The proposed design would allow small boats, pedestrians and golf carts to pass under the bridge. The increased cost of the enhanced bridge will be available from remaining 2004 and 2008 Street Bonds as projects are completed with Council approval. ALTERNATIVES: 1. Awarding the contract to Urban Engineering and Raba Kistner as recommended. 2. Direct staff to re -negotiate the contract for an alternative project scope. 3. Issue a new RFQ to select an engineering firm for negotiation. FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense ❑ Revenue X CIP FISCAL YEAR: 2011-2012 Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget 1,400,000 7,100,000 8,500,000 Encumbered/Expended amount as of 07/31/2011 0 0 0 This item(s) 01 1,132,5641 of 1,132,564 BALANCE 01 267,4361 7,100,000 7,367,436 FUND(S): street Cir Fund A separate construction contract will be bid and awarded during the early fall of 2012. Funding for the construction contract will require use of Street 2004 and 2008 Street Bond which are not necessary to complete the voter approved projects. RECOMMENDATION: Approval of the motion as presented. CONFORMITY TO CITY POLICY: The contracts and selection process complies with Professional Procurement Act and City Policy, CONSULTANT SELECTION: Urban Engineering was selected through a Request for Proposals (RFQ 2011-03). EMERGENCY/NON-EMERGENCY: N.A. K %Engineanng DataEmhangelKevinSlGEN1STREETS18281 ParkRoad22-2004BondtAEAwardMema.do.x i DEPARTMENTALCLEARANCES: Engineering Services LIST OF SUPPORTING DOCUMENTS: Page 4 of 4 Exhibit A: Contract Exhibit B: Memorandum of Understanding (Draft) Exhibit C: Budget Exhibit D: Location Map Cc: Veronica Ocanas, Assistant City Attorney Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager K:\Engineering DatoExchange\KavinS\GEN\STREETS16281ParkRoad22-2DD4BDndWEAWardMemo.docx —484— CONTRACT SUMMARY SCOPE OF SERVICES A. Basic Services. 1. Preliminary Phase. The Architect/Engineer-A/E will: It is the intent of the Preliminary Phase to provide a study and report of project scope with economic and technical evaluation of alternatives. This report shall be in the form of a TXDOT "Design Summary Report" and a draft of a TXDOT "Categorical Exclusion" document. a. Provide scope of soil investigations, borings, and laboratory testing. (The City Engineering Services Department will provide necessary soil investigation and testing under one or more separate contracts). b. Confer with the City staff, United States Army Corps of Enginieers and TXDOT regarding the design parameters of the Project. The Engineer will participate in a minimum of seven (5) formal meetings with City staff, provide agenda and purpose for each formal meeting; document and distribute meeting minutes and meeting report within seven (7) working days of the meeting. The A/E will participate in discussions with the operating department and other agencies (such as the Texas Department of Transportation (TXDOT) and Texas Commission of Environmental Quality (TCEQ)) as required to satisfactorily complete the Project. c. Submit one (1) copy in an approved electronic format, and one (1) paper copies of the Design Summary Report and Categorical Exclusion including opinion of probable construction costs with life cycle analysis, defined technical evaluations of identified feasible alternatives, and review with City staff to produce an acceptable format which contains common municipal elements. The Design Summary Report will include the following (with CONSTRUCTABILITY being a major element in all the following items): 1) Review of the Project with the respective Operating Department(s) and discussions including clarification and definition of intent and execution of the Project; The A/E will meet with City staff to collect data, discuss materials and methods of construction, and identify design and construction requirements. 2) Review and investigation of available records, archives, and pertinent data related to the Project including taking photographs of the Project site, list of potential problems and possible conflicts, intent of design, and improvements required, and conformance to relevant Master Plan(s). 3) Identify results of site field investigation including site findings, existing conditions, potential right of way/easements, and probable Project design solutions; (which are common to municipalities). 4) Provide a presentation of pertinent factors, sketches, designs, cross-sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, identification of needed additional services, preliminary details of construction of critical elements, identification of needed permits, identification of specifications to be used, identification of quality and quantity of materials of construction, and other factors required for a professional design (CONSTRUCTABILITY). 5) Advise of environmental site evaluations and archeology reports that are needed for the Project (Environmental issues and archeological services to be an Additional Service). 6) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project and permitting, environmental, historical, construction, and geotechnical issues; and meet with pertinent authorities. 7) Confer, discuss, and meet with City operating department(s) and Engineering Services staff to produce a cohesive, well-defined proposed scope of design, probable cost estimates(s) and design alternatives. 8) Provide a letter stating that the A/E and Sub -consultant Engineers have checked and reviewed the Design Summary Report prior to submission. EXHIBIT "A" Page 1 of 7 -485- 9) Additional items are required with the design memorandum to identify and summarize the project by distinguishing key elements such as: • Pipe Size or Building Size • Pipe Material, etc. • Why one material is selected over another • Pluses of selections • ROW requirements and why • Permit requirements and why • Easement requirements and why • Embedment type and why • Constructability, etc. • Specific requirements of the City • Standard specifications • Non-standard specifications • Any unique requirements • Cost, alternatives, etc. • Owner permit requirements and status d. Field location of existing utilities using Texas one -call system (Coordinate with appropriate City Operating Departments). e. Provide subsurface utility engineering in accordance with ASCE Standard "ASCE C-1, 38-02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data". The proposed subsurface utility investigation will be as follows: 1) Excavation — The survey scope includes working with a subsurface utility excavator to perform Quality Level A investigation of underground utilities in specified areas through the project limit. (Quality Level A involves the use of nondestructive digging equipment at critical points to determine the horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics.) Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified and an elevation will be obtained to the top of the utility. 2) Utility Location — The survey scope includes locating all utilities as directed by the A/E within project limits to Quality Level B including surveying visible above ground utility facilities, such as manholes, valve boxes, posts, etc., and correlating this information with existing utility records. 3) Stormwater— Stormwater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible stormwater manholes and drainage inlets. 4) Wastewater— Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed location of accessible wastewater manholes except for critical locations which will require Quality Level A. 5) Water— Water facilities within the project limits will be located to Quality Level C expect for critical locations which will require Quality Level A. 6) Gas — Gas facilities within the project limits will be located to Quality Level C by the A/E. The City of Corpus Christi Gas Department will provide Quality Level A. The A/E will coordinate this activity. 7) Franchise Facilities— Coordinate with provider within the project limits to locate facilities to Quality Level A in selected critical areas. A/E will investigate areas of high probability of conflict with proposed improvements. EXHIBIT "A" Page 2 of 7 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a. Study, verify, and implement Preliminary Phase recommendations including construction sequencing, connections to the existing facilities, and restoration of property and incorporate these plans into the construction plans. Development of the construction sequencing will be coordinated with the City Operating Department(s), Engineering Services staff and TXDOT. b. Prepare one (1) set of Construction Bid and Contract Documents for each phase (total of two (2)) in City format (using City Standards as applicable), including Contract agreement forms, general conditions and supplemental conditions, notice to bidders, instruction to bidders, insurance, bond requirements, and preparation of other contract and bid related items; specifications and drawings to fix and describe, for one bid each phase, the size and character of the entire Project; description of materials to be utilized; and such other essentials as may be necessary for construction and cost analysis. c. Provide assistance identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). d. Prepare final quantities and estimates of probable costs with the recommended construction schedule. The construction schedule will provide a phased approach to bettertrack progress and payments. e. Provide one (1) copy of pre -final plans and bid documents to the City staff for review and approval purposes with revised estimates of probable costs. Compile comments and incorporate any requirements into the plans and specifications, and advise City of responding and non -responding participants. f. Assimilate all review comments, modifications, additions/deletions and proceed to next phase, upon Notice to Proceed. g. Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that submittal of the interim, pre -final, and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City staff. The Consultant A/E and Sub -consultant A/E shall submit a letter declaring that all engineering disciplines of all phases of the submittals have been checked, reviewed, and are complete prior to submission, and include signature of all disciplines including but not limited to structural, civil, mechanical, electrical, etc. h. Provide a Traffic Control Plan with illumination, markings, striping, and signalization for review and approval by the City Traffic Engineering Department. i. Upon approval by the Director of Engineering Services, provide one (1) set (hard copy and electronic) of final plans and contract documents suitable for reproduction (In City Format) and said bid documents henceforth become the sole property and ownership of the City of Corpus Christi. j. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. k. Prepare and submit monthly status reports by the fifth of each month with action items developed from monthly progress and review meetings. I. Provide a Storm Water Pollution Prevention Plan. Bid Phase. The A/E will: a. Participate in the pre-bid conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. EXHIBIT "A" Page 3 of 7 —487— c. Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d. Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e. In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re -advertise that particular portion of the Project for bids. 4. Construction Phase. The A/E will perform contract administration to include the following: a. Participate in pre -construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Review for conformance to contract documents, shop and working drawings, materials and other submittals. c. Provide testing schedule and review field and laboratory tests. d. Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e. Make two visits per month to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f. Prepare change orders as authorized by the City (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g. Make final inspection with City staff and provide the City with a Certificate of Completion for the project. h. Review construction "red -line" drawings, prepare record drawings of the Project as constructed (from the "red -line' drawings, inspection, and the contractor provided plans) and deliver to the Engineering Services a reproducible set and electronic file (AutoCAD r.14 or later) of the record drawings. All drawings will be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. B. Additional Services (ALLOWANCE) This section defines the scope (and ALLOWANCE) for compensation for additional services that may be included as part of this contract, but the A/E will not begin work on this section without specific written approval by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E will, with written authorization by the Director of Engineering Services, do the following: 1. Permitting. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. TheA/E will prepare and submit all permits as applicable to the appropriate local, state, and federal authorities, including, but not limited to: a. U.S. Army Corps of Engineers (USAGE) b. NPDES Permit/Amendments EXHIBIT "A" Page 4 of 7 c. TXDOT Categorical Exclusion d. Texas Department of License and Regulation (TDLR ) e. Coast Guard Permit Section 9 2. Public Meeting. Participate in public meetings (two) to coordinate with the community and to obtain community support for the project, including all necessary exhibits as directed by the City. 3. Topographic Survey. Provide field surveys, as required for design including the necessary control points, coordinates and elevations of points. Establish base survey controls for line and elevation staking (not detailed setting of lines and grades for specific structures or facilities). All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. 4. Subsurface Utility Investigation. Field location of existing utilities using Texas One -Call System (Coordinate with appropriate City Operating Departments) Provide subsurface utility engineering in accordance with ASCE Standard "ASCE C -I, 38-02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data". 5. Landscaping & Irrigation. Provide a landscaping and irrigation plan that will beautify the bridge surroundings. 6. Construction Observation Services. a. Provide a project representative (PR) to provide periodic construction inspection. 1) Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the PR and assistants, the A/E shall endeavor to provide further protection for the CITY against defects and deficiencies in the Work. 2) The duties and responsibilities of the PR are described as follows: a) General: PR will act as directed by and under the supervision of A/E, and will confer with A/E regarding PR's actions. PR's dealings in matters pertaining to the Contractor's work in progress shall in general be with A/E and Contractor, keeping the CITY advised as necessary. b) Conference and Meetings: Attend meetings with Contractor, such as pre -construction conferences, progress meetings, job conferences and other project -related meetings as required by the City, and prepare and circulate copies of minutes thereof. c) Liaison: 1. Serve as liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. 2. PR shall communicate with CITY with the knowledge of and under the direction of A/E d) Interpretation of Contract Documents: Report when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued. e) Shop Drawings and Samples: 1. Receive Samples, which are furnished at the Site by Contractor, and notify of availability of Samples for examination. 2. Record date of receipt of Samples and approved Shop Drawings. 3. Advise Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which PR believes that the submittal has not been approved. f) Review of Work and Rejection of Defective Work: EXHIBIT "A" Page 5 of 7 -489- 7 91 a 1. Conduct on -Site observations of Contractor's work in progress to assist A/E in determining if the Work is in general proceeding in accordance with the Contract Documents. 2. Report whenever PR believes that any part of Contractor's work in progress will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise City and A/E of that part of work in progress that PR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 3. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. g) Records: 1. Maintain orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the Contract, A/E's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. 2. Prepare a daily report utilizing approved City format, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to A/E and the City. h) Reports: 1. Furnish periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. 2. Report immediately to the CITY and A/E the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the Work, and property damaged by fire or other causes. 3. Provide project photo report on CD-ROM at the rate of a minimum of two photographs per day, including an adequate amount of photograph documentation of utility conflicts. i) Completion: 1. Before the issue of Certificate of Completion, submit to Contractor a list of observed items requiring completion or correction. 2. Participate in a final inspection in the company of A/E, the CITY, and Contractor and prepare a final list of items to be completed or corrected. 3. Observe whether all items on final list have been completed or corrected and make recommendations concerning acceptance and issuance of the Notice of Acceptability of the Work. Environmental Issues a. Provide environmental site evaluations and Archeology Reports that are needed for the Project. b. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. Start-up Services. Provide on-site services and verification for all start-up procedures during actual start up of major Project components, systems, and related appurtenances if needed and required. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, EXHIBIT "A" Page 6 of 7 restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. 3. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all 'Basic Services" authorized as per the table below. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services" the City will pay the A/E a not -to -exceed fee as per the table below: C. Summary of Fees Fee for Basic Services Total 1. Preliminary Phase $131,250 2. Design Phase $364,000 3. Bid Phase $7,250 4. Construction Phase $52,500 Subtotal Basic Services Fees $555,000.00 Fee for Additional Services Allowance 1. 1 Permit Preparation as applicable) U.S. Arm Corps of Engineers $180,000 NPDES Permit/Amendments TXDOT Categorical Exclusion $3,000 $101,534 Public Meetings for CE 2 Meetings)$20,000 Public Hearing for CE Texas Department of License and Regulation $10,850 $2,500 Coast Guard Permit Section 9 $19,830 Total Permitting 2. Public Meetings 3. Topographic Survey AUTHORIZED 4. Subsurface Utility Investigation AUTHORIZED $337,714 $5,000 $50,000 $16,500 5. Construction Observation Services 6. Environmental Issues 7. Start-up Services Lift Station $94,000 $8,000 $3,000 8. Warrant Phase $3,500 $517,714.00 Sub -Total Additional Services Fees Total Authorized Fee $1,072,714.00 The estimated cost of construction including contingency for the Park Road 22 Bridge project is $6,666,000. The basic services fee is $555,000. Therefore, the percent of basic engineering services costto construction is 8.3%. EXHIBIT "A" Page 7 of 7 Eno MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING ("MOU") is by and between the City of Corpus Christi, a Texas Home -Rule Municipal Corporation (the "City") and Asset Development Corporation/Gulf Shores Joint Venture (the "Project Developer"). The City and the Project Developer (each, a "party" and together, the "parties") enter into this MOU and agree as follows: 1. Definitions. 1.1 "Master Plan" refers to the approximately 500 acre proposed mixed use development on North Padre Island in Corpus Christi,' Texas. 1.2 "Project" refers to the design'afid construction p the Park Road 22 bridge. A" ,_}, +_ i f � 1.3 "Site" refers to the pro pen d bridge location alonii ark Road 22 between Compass St. and Nemo Ct. directly ad�aceia't to Padre Isles Country Club Golf Course and the right-of-way and easement property required for the associated canal crossing. 1.4 "Phase 1" refers to the design and engineering phase of the Park Road 22 bridge, including the Texas Department of Transportation permit process associated with the bridge design and the submission and approval of all required environmental permit revisions for the Banal crossing with the U.S. Army Corp. of Engineers. 1.5 °Phase 2" refers to the construction of the Park Road 22 bridge and canal system crossing. j 1.6 "Phase 3" refers to the development of the Master Plan 1.7 "Phase 4" refers to future construction phases associated with the Master Plan. 2. Purpose. The purpose of this MOU is to create an implementation structure for the Master Plan'I'll MOU 4 X11 delineate the roles and responsibilities of both parties in implementing the Prbtzt t`dfically as it relates to Phase 1, which is the design and engineering phase of thexagv Road 22 bridge and sets the stage for making the necessary decisions to go forward with the construction of the bridge as well as pursuing the implementation of the Master Plan as it may be revised. 3. Roles and Responsibilities of the Project Developer. The Project Developer shall undertake the following roles and responsibilities to the extent that they are necessary to accomplish Phase 1: Exhibit B Page 1 of 4 —492— 3.1. Obtain a revision to the existing U.S. Army Corp. of Engineer Permit, associated with the Padre Isles Country Club Golf Course water features, for the canal system expansion. 3.2 Design the canal system associated with the Project. 3.3. Dedicate the necessary right-of-way and easement property for the development of the associated canal system adjacent to and necessary for the Project. 3.4. Provide overall management of the Project design and planning, starting with the canal system and developing and administering implementation and phasing of the Master Plan. 3.5. Set priorities for the overall development of the Site, including a phasing plan. 4. Roles and Responsibilities of the City. The City shall undertake the following roles and responsibilities to the extent that they are: necessary to accomplish Phase 1: 4.1 Provide an exreOgtive level smgle'pont of contact from the City for the proposed project. 4.2 Determine availably}undmgii's pc,es for the Park Road 22 bridge design and construction. 4.3 Seek final council approval for the recommended funding sources. 4.4 Contract for engineering services related to environmental assessments arid' associated bridge design. 4.5 Provide project management coordination for overall project development activities requiring the City's coordination and inspection services. 5. Term, This MOU shall be effective upon the date last signed and executed by the duly authorized representatives of the parties to this MOU and shall remain in full force and effect for the completion of Phase 1 or whichever occurs first. 6. Agreement. Upon completion of Phase 1, this MOU will be replaced with a more detailed contractual agreement between the parties for Phases 2, 3, and 4. 7. Contact Information. Each party shall designate a representative to serve as the official contact for that party and to coordinate the activities of each party in carrying out this MOU. The initial contacts designated by each party are as follows: Exhibit B Page 2 of 4 —493— FOR CITY: Johnny Perales, Assistant City Manager 1201 Leopard Street, 5th Floor Corpus Christi, Texas 78401 361-826-3828 JohnnyP@cctexas.com FOR PROJECT DEVELOPER Contact Person: Paul Schexnailder Address: 14646 Compass StreeC , City, State, Zip: Corpus Christi, TX 7S`41$-6231 Phone: (361) 949-761.1 Email: pschex2000@aol.com 8. Dispute Resolution. The parties agree to use a mutually agreed upon mediator to attempt to informally resolve any conflicts or disagreement arising out of this MOU. 9. Modification. Either party may request changes to this MOU, but any changes, modifications, revisions or amendments to this MOU must be mutually agreed upon in writing and signed by the parties. 10. Severalnlity. ff .any provision of this MOU is !determined to be illegal or unenforceable, such provision shall be fully severable, and` the remainder of this MOU shall continue in full force qqd effect :Neither party may renegotiate the illegal or unenforceable provisions. P i 1l. Tefthiii ation. " I? irs MOU riiay be terminated, for cause, by either party upon the other party's failure to cure any breach of this MOU. The process to cure a breach of this MdU begins with a written notice of the breach, followed by a 120 day period to cure. If the breach cannot be cured within the cure period, either party may terminate this MOU upon thirty (30) days' advance written notice to the other party. 12. Notice. Any required notice shall be in writing and hand -delivered or sent by certified mail to the designated contact person listed in this MOU. 13. Sovereign Immunity. The City does not waive its sovereign immunity by entering into this MOU, and the City fully retains all available immunities and defenses provided by law with respect to any action based on or occurring as a result of this MOU. If the City raises sovereign immunity as a defense to any claim brought against it by the Project Developer, both parties shall be released from their respective obligations under this MOU for both past and future performance. 14. Third Party Beneficiary Rights. The parties do not intend to create in any other individual or entity the status of a third party beneficiary, and this MOU shall not be construed to Exhibit B Page 3 of 4 —494— create such status. The rights, duties and obligations contained in this MOU shall operate only between the parties to this MOU, and shall inure solely to the benefit of the parties to this MOU. The provisions of this MOU are intended only to assist the parties in determining and performing their obligations under this MOU. The parties intend and expressly agree that only they shall have the legal or equitable right to enforce this MOU or to seek any remedy arising out of either party's performance or failure to perform under this MOU. 15. Compliance With Laws. This MOU is subject to all applicable regulatory requirements, including federal, state, and local laws, rules, regulations, orders, codes, criteria and standards. IN WITNESS WHEREOF, the parties to this MOU through their duly authorized representatives have executed this MOU in duplicate on the dates set forth below, but effective as of the date of the last signature, and certify thatthey have read :understood, and agreed to the terms and conditions of this MOU as set forth hgc"In,' PROJECT DEVELOPER Asset Develop ent Corp. & Guhf`S"lipres Joint Venture By: Name: Paul Schexnailder Title: Partner Date: CITY OF CORPUS CHRISTI ATTEST: , By: By: Arm an City Seerd qy Date: APPROVED AS TO FORM: This day of _ Lo Carlos Valdez City Attorney Ronald L. Olson City Manager -495- 2011, Exhibit B Page 4 of 4 PROJECT BUDGET PARK ROAD 22 BRIDGE Project No. 6281 September 27, 2011 FUNDS AVAILABLE: Street CIP 2004 Bonds........................................................................ 1,400,000.00 Street CIP 2004 Bonds Remaining Balance .............................................. 2,000,000.00 Street CIP 2008 Project Savings'........................................................... 4,250,000.00 Developer Participation..................................................................... - Utility CIP Capital Budget(FY2013)....................................................... 850,000.00 8,500,000.00 FUNDS REQUIRED: Construction (Est.).............................................................................. 6,060,000.00 Contingencies(10%)............................................................................. 606,000.00 Consultant Fees: Consultant (Urban Engineering)................................................................. 1,072,714.00 Construction Management/Inspection (Included in Urban Contract) ...................... _ Geotechnical Services (Raba Kistner).................................................................... 59,850.00 Materials Inspection & Testing (Est.) ......................... ............... :............ ................ 67,650.00 Reimbursements: Engineering, Traffic Engineering, Finance, etc. 508.750.00 Total................................................................................................. 8, 374, 964.00 Variance 125,036.00 Exhibit C -496- Page 1 of 1 Oso Creek PROJECT #6281 CORPUS C3fRIS71 Bally NAS PROJECT SITE LOCATION MAP NOT TO SCALE .CAGVXA A=PIE i�l Gu -CF OF MEXICO PARK ROAD 22 CITY COUNCIL EXHIBITIT It CITY OF CORPUSRPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES BRIDGE PAGE: 1 of 1 DATE: 9/13/2011 %�% RESOLUTION SUPPORTING THE PARK ROAD 22 BRIDGE PROJECT AND COMMITMENT OF NECESSARY FUNDING FOR THE BRIDGE PROJECT IN SUPPORT OF THE PADRE ISLAND CANAL SYSTEM AND ASSOCIATED MIXED-USE DEVELOPMENT WHEREAS, the tourism industry drives approximately 7.2 million visitors to the Corpus Christi area each year; and WHEREAS, a majority of those visitors generate economic activity on Upper Padre Island in Corpus Christi; and WHEREAS, Upper Padre Island is home to some of the most stunning beachfront on the Texas Gulf Coast and is home to attractions such as Mustang Island State Park, J.P. Luby Park, Packery Channel, Bob Hall Pier, and the Padre Island National Seashore; and WHEREAS, a private development has been proposed on Upper Padre Island that will include a significant mixed-use development built around a series of new canals that will connect Lake Padre to the Laguna Madre through the existing canal system by the creation of a new connector system; and WHEREAS, a critical component of this proposed development includes a new bridge along Park Road 22 that would allow for water flow between the east and west canal systems that would bring environmental benefits to these water systems and allow for boat access under Park Road 22 which would generate additional boating opportunities for citizens of and visitors to Corpus Christi; and WHEREAS, implementation of these project components would require a partnership between the public and private sectors which would require a public investment in the Park Road 22 Bridge infrastructure that would allow for private investment in the canal system and associated mixed-use development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City of Corpus Christi supports the Park Road 22 Bridge Project which would be a catalyst for private development for the Upper Padre Island community. Section 2. The City of Corpus Christi agrees to: (a) commit the 1.4 million dollars approved as part of the Bond 2004 Capital Improvement Program to the Park Road 22 Bridge Project; and (b) identify the funding necessary to complete the Park Road 22 Bridge Project. Section 3. The City Council requests that the Project Developer work with the City Manager to develop an implementation plan and schedule that sets an achievable path to making the proposed project concept a reality. J:\1.ENG\1 ..... AGENDA IT E M S\2011\092711\092711 RESO Park Road 22 Bridge.dou —498— ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Joe Adame Mayor APPROVED AS TO FORM on the day of September, 2011. Carlos Valdez City Attorney J:\1.ENG\1 ..... AGENDA ITEM S\2011\092711\092711 RESO Park Road 22 Bridge.docx -499- Corpus Christi, Texas Of 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott J:\1.ENG\1 ..A GEN D A ITEM S\2011\092711\092711 RESO Park Road 22 Bridge.dom —500— Page 1 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR AN ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS FOR THE PARK ROAD 22 BRIDGE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: -- SECTION 1. The City Manager or designee is authorized to execute an Interlocal Agreement with the Texas Department of Transportation for an Advance Funding Agreement for Voluntary Local Government Contributions to Transportation Improvement Projects for the Park Road 22 Bridge. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor APPROVED AS TO LEGAL FORM: 22 -Sep -11 N o�� 0"" Veronica Ocanas Assistant City Attorney For City Attorney J:\1.ENG\1 ..... AGENDA ITEM S\2011\0KLI1 %C) JU 1 RESO AFA Park Rd 22 Bridge.docx Page 2 of 2 Corpus Christi, Texas day of 2011. The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott J:\1.ENG\1 ..... AGENDA IT E M S\2011\0927445\gy.Z11 RESO AFA Park Rd 22 Bridge.dou 39 DATE: September 12, 2011 TO: Ronald L. Olson, City Manager FROM: Fred Segundo, Director of Aviatione� 289-0701 Ext 1213 freds@cctexas.com AGENDA MEMORANDUM for the City Council Meeting of September 27, 2011 UPDATE TO CITY COUNCIL — Fixed Base Operator (FBO) Development Plan STAFF PRESENTER(S): Name 1. Fred Segundo 2. Enrique Castillo 3. Kim Bridger Name 1. Don Feferman 2. Bill McCord 3. BACKGROUND: Title/Position Department Director Aviation Asst. Director Aviation Marketing & PR Coord. Aviation Title/Position Organization Chairman Airport Board Vice Chairman Airport Board The 30 -year agreement on the West FBO has expired and is currently on a month to month tenancy and the 30 -year agreement on the East FBO will expire in September 2012. At a previous Council meeting staff was directed to accomplish several tasks and put together a plan for the future operations of the East and West FBO. This presentation it intended to discuss the FBO Development plan and provide business model options for Council to assess. LIST OF SUPPORTING DOCUMENTS: (E.g. PowerPoint, report) Power Point Approvals: Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager —505— CORPUS CHRISTI INTERNATIONAL AIRPORT Fixed Base. Operator (FBO) I Development Plan Fred Segundo, Director of Aviation What is an FBO? FBO = Fixed Base Operator Provide aeronautical services to all aircraft operators o Commercial Airlines o Military o General AviationCD ti o Air Cargo ul Services provided by FBO o Fueling o Ground Handling o Hangar & Office Space o Aircraft Maintenance oSCHRISTI INTPRNATIONAL AIRPORT 2 VWEST `A FRO uA EAST F 0 FBO Customers Commercial Airlines 760,000 Passengers Military 2.8 Million Gal Fuel Contract 60,000 Operations General Aviation 65 Based Aircraft Corporate In -Transit Recreational Air Cargo 1.4 million pounds CORPUS CHRISTI INT�p�(R� 4 Community Needs Air Service o 3 Legacy Carriers (American/United/Southwest) More Destinations o Low Cost and Low Frequency Airlines o Non -Stop Flights General Aviation —Competitive Pricing o Fuel o Ground Handling o Facilities CORPUS CHRISTI INT�n`�AIR�� pO rj The Plan...How do we get there? y Use a Balanced FBO Approach Use Two Business Models to Satisfy All Customers o Traditional FBO Model (Signature/Atlantic/Million Air/Wilson Air Center) o Privately Managed FBO (Charlotte, NC/Chattanooga, LO TN/Appleton, WI) ' Use the strength of both Models o Provides Most Competitive Environment for Incumbent Airlines o Attract Low Cost Carriers/Charters/GA o Encourage Capital Investments o Provide Competitive Pricing Alternatives CORPUS CHRISTI I,NT` E In�A1R Key Benefit: New Air Service Fastest growing segment of airline industry is low -frequency, low cost carrier service o Like Allegiant Airlines o Flies non-stop to leisure destinations like Las Vegas Airlines like Allegiant much prefer flying to airports with privately managed FBOs o Much lower operating costs (such as ground handling) o Lower fuel costs o More direct control over customer service CORPUS CHRISTI tvrota 7 N LO Other Benefits of The Plan M o Helps keep current Airlines in Corpus Christi - providing stability. o GA/Military: Provides better customer service and possibly at lower costs co LO o Satisfies the business needs of our Customer Base ]CORPUS CHRISTI M What's Next.... Future Council and Staff Action o A resolution authorizing the implementation of a balanced business model approach for our FBO's o Solicitation of Proposals & Statement's of Qualifications Jt I LO for both East & West FBO sites o Evaluation and Award of Contracts INTERNATIONAL. AIRPORT 9 w DATE: September 27, 2011 AGENDA MEMORANDUM for the City Council Meeting of September 27, 2011 TO: Ronald L. Olson, City Manager FROM: Margie C. Rose, Assistant City Manager of General Government & Operations Support margier@cctexas.com 361-826-3232 PRESENTATION — Business Case Evaluation Results for Municipal Information Systems Competitive Assessment and General Services Fleet "RightSizing"/Competitive Assessment STAFF PRESENTER(S): Name 1. Margie C. Rose 2. Michael Armstrong 3. Jim Davis OUTSIDE PRESENTER(S): Name 1. Adam Rujan 2. Randy Owen 3. Dennis Bagley 4. Ralph Filicko Title/Position Assistant City Manager Director Director Title/Position Project Director Senior Vice President Senior Partner Senior Manager Department General Government & Operations Municipal Information Systems General Services Organization Plante & Moran, Inc. Mercury Associates, Inc. Plante & Moran, Inc. Mercury Associates, Inc. BACKGROUND: This past year, City Council indicated an interest in seeking alternatives to providing services currently provided by municipal government through privatization and/or outsourcing. The City identified two candidates for potential privatization: Municipal Information Services (NIIS) and General Services Fleet (Fleet). Due to the complexity, risk, and significant impact these.areas have on other core city related services, contracts were awarded to firms with extensive experience in this area: Plante & Moran (for MIS) and Mercury Associates (for Fleet), to provide a business case analysis (also called "competitive assessment') and a Fleet "RightSizing" study to determine optimal fleet size and cost savings. The assessments and study have been completed and results will be discussed during the presentation. Directors will also respond to the report findings and discuss resulting action plan commitments. LIST OF SUPPORTING DOCUMENTS: PowerPoint cc: Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager General Government & Operations —517— im DATE: September 14, 2011 TO: Ronald L. Olson, City Manager FROM: Stephen Draper, Director StephenD@cctexas.com (361) 826-3246 AGENDA MEMORANDUM for the City Council Meeting of September 27, 2011 Department of Development Services` - UPDATE TO CITY COUNCIL — Presentation of Sustainability Ordinances in association with Department of Energy Grant (EECBG) previously presented by HDR to Council on 9/13/11. STAFF PRESENTER(S): Name 1. Andrew K. Dimas 2. Lisa Wargo 3. Deborah Brown 4. Miguel Saldana OUTSIDE PRESENTER(S): Name 1. Jeff Pollack 2. 3. BACKGROUND: Title/Position City Planner .Senior Planner City Attorney Senior Planner Title/Position Consultant Department Development Services Planning Legal Development Services Organization HDR Numerous presentations were given to community advocates and citizen led vetting groups. The proposed ordinances were presented to the Planning Commission on August 3, 2011 and approved. Below are captions and a description for each of the proposed ordinances. Sustainability Ordinances: § 6.6 Development Concept and Special Overlay Zoning Districts. Ordinance amending the Corpus Christi Unified Development Code by adding a new Section 6.6 entitled, "Development Concept and Special Overlay Zoning Districts", relating to the establishment and use of specific development concept overlays and special overlay zoning districts; Amending conflicting provisions of the City's Comprehensive Plan; Repealing conflicting ordinances; Providing for severance, penalties, publication and an effective date. —521— This ordinance establishes authority to adopt development -concept overlays and special overlay districts utilizing alternative standards and incentives to address a particular need or outcome for special areas within the City. These areas are designated by the City's Comprehensive Plan, Area Development Plans, or by adoption by the City Council. § 6.7. Clustered Development Overlay District. Ordinance amending the Corpus Christi Unified Development Code by adding a new Section 6.7 entitled, "Clustered Development Overlay District", relating to the use, regulations, and review standards for clustered development; Amending conflicting provisions of the City's Comprehensive Plan; Repealing conflicting ordinances; Providing for severance, penalties, publication and an effective date. This ordinance permits residential compact and clustered development that encourages creative and flexible site design, reduces impervious surfaces, reduces storm water runoff, and preserves a percentage of contiguous open space onsite for residents. § 6.8 Mixed -Use Overlay District. Ordinance amending the Corpus Christi Unified Development Code by adding a new Section 6.8 entitled, "Mix Use Overlay District", relating to the use, regulations, and review standards for mixed use development; Amending conflicting provisions of the City's Comprehensive Plan; Repealing conflicting ordinances; Providing for severance, penalties, publication and an effective date. This ordinance provides standards for mixed use development that includes residential uses that foster a variety of small and flexible home-based businesses. The standards encourage pedestrian - oriented neighborhood centers which are conducive to public transportation uses. The mixed-use overlay facilitates the reduction of dependence on automobiles, by locating residents, jobs, hotels, and transit services in close proximity. The overlay district standards promote a 24-hour downtown environment. § 6.11 Uptown -Downtown Mixed -Use (MUS) Special Overlay District. Ordinance amending the Corpus Christi Unified Development Code by adding a new Section 6.11 entitled, "Uptown -Downtown Mixed -Use (MUS) Special Overlay District", relating to the establishment of_a_mixed-use special overlay district promoting mixed-use development within the uptown and downtown areas of the City; Amending conflicting provisions of the City's Comprehensive Plan; Repealing conflicting ordinances; Providing for severance, penalties, publication and an effective date. This ordinance establishes a Mixed Use Special Overlay District and boundary around the Uptown and Downtown areas of the City. The proposed ordinance includes all mixed-use developments incorporating residential uses. The development must be within the proposed boundaries of the overlay district and must be developed in accordance with the district standards to be afforded the appropriate incentives. § 6.12 Target Area Redevelopment Special Overlay District. Ordinance amending the Corpus Christi Unified Development Code by adding a new Section 6.12 entitled, "Target Area Redevelopment Special (TARS) Overlay District", relating to the use, regulations, and review standards promoting infill and redevelopment of designated targeted areas within the City limits; Amending conflicting provisions of the City's Comprehensive Plan; Repealing —522— conflicting ordinances; Providing for severance, penalties, publication and an effective date. The purpose of this ordinance is to provide for alternative development options within areas of the City. Such areas have been designated for rehabilitation and redevelopment through the City's Comprehensive Plan, Area Development Plans, and through appointment by the City Council. When any of the development concept overlays listed above are implemented within the target area, the target area receives the incentives of that overlay. § 6.13 Streetscape Zone Standards. Ordinance amending the Corpus Christi Unified Development Code by adding a new Section 6.13 entitled, "Streetscape Zone Standards", relating to the use, regulations and review standards for creation of streetscape zones; Amending conflicting provisions of the City's Comprehensive Plan; Repealing conflicting ordinances; Providing for severance, penalties, publication and an effective date. This ordinance promotes an active street life atmosphere through the incorporation of street furniture, wider sidewalks, lighting, landscaping, and the use of pedestrian amenities such as fountains, trash containers, informational signs, and crosswalks to encourage a pedestrian -oriented atmosphere. Standards within the Overlays will take precedence over underlying zoning district and landscape ordinance standards. § 6.14 Alternative Housing Options. Ordinance amending the Corpus Christi Unified Development Code by adding a new Section 6.14 entitled, "Alternative Housing Options', relating to the use, regulations and review standards for alternative housing options; Amending conflicting provisions of the City's Comprehensive Plan; Repealing conflicting ordinances; Providing for severance, penalties, publication and an effective date. This ordinance provides additional urban compact and affordable housing options that may not ordinarily be permitted within some of the City's Zoning Districts through the use of Development Concept Overlays and Special Overlay Districts. § 7.11 Neighborhood Mixed -Use (NMU) Development Standards Ordinance amending the Corpus Christi Unified Development Code by adding a new Section 7.11 entitled, "Neighborhood Mixed -Use (NMU) Development Standards", relating to the use, regulations and review standards for residential mixed-use development; Amending conflicting provisions of the City's Comprehensive Plan; Repealing conflicting ordinances; Providing for severance, penalties, publication and an effective date. This ordinance provides for a mix of small to medium scale residential mixed uses that are compatible with the surrounding residential neighborhoods. This encourages infill and redevelopment while providing services to local residential communities, and reducing trips outside of the neighborhood for the same services. § 7.12 Adaptive Reuse Development Standards. Ordinance amending the Corpus Christi Unified Development Code by adding a new Section 7.11 entitled, "Adaptive Reuse Development Standards", relating to the use, regulations and review —523— standards for Adaptive Reuse and redevelopment of existing and historical structures; Amending conflicting provisions of the City's Comprehensive Plan; Repealing conflicting ordinances; Providing for severance, penalties, publication and an effective date. The purpose of this ordinance is to revitalize the City's downtown areas and any other designated targeted area by incentivizing and facilitating the conversion of older, economically distressed, or historically significant buildings to residentially mixed-use Commercial, Professional Office, Civic, and Residential structures. The goal being the reduction of vacant space as well as to encourage the further development of a residential community downtown and other blighted areas of the City. LIST OF SUPPORTING DOCUMENTS: None Approvals: Eddie Houlihan, Assistant Director of Management and Budget Rudy D. Garza, Assistant City Manager —524— Energy Efficiency and Conservation Block Grant (EECBG) Project #9: Amend Development Codes to: ■ Provide for "by right" implementation and N LO flexibility in design of current redevelopment and infill practices at less cost to the developer ■ Promote residentially mixed uses ■ Facilitate and incentivize re-establishment of original City core areas 1 Proposed Zoning UDC Additions "Clustered Development Overlay District" "Mixed Use (MU) Overlay District Standards" "Development Concept and Special Overlay Districts" "Uptown -Downtown Special Mixed Use (MUS) LON Overlay District" "Target Area Special Mixed Use Overlay District" "Streetscape Zone Standards" "Alternative Housing Options for Overlay Districts" "Neighborhood Mixed Use Standards" "Adaptive Reuse Standards" Upcoming UDC Text Amendments/ Agenda Items Related the EECBG- "Definitions" Text Amendment "Urban Agricultural Uses" (New Addition & Text Amendment) N "Accessory Dwelling Units" Text Amendment "Off -Street Parking and Loading Regulations" Text Amendment "Non -Conforming Lots of Record" Text Amendment Fq Li 7 IF 17 �� r gFiF7Ir J I � s E p All _ .7.VIaI i;d xt T e 1 {'l --_wile 0 . ;q, u��,y, 'j s Streetscape zones Ordinance Residentiall Mixed -Use 0 Co Lfi Development Concept and Special Overlay Ord. ■ Establishes authority to adopt development -concept overlays and special overlay districts utilizing alternative standards and incentives to address a particular need or outcome for special areas within the City. ■ Areas are designated by the City's Comprehensive Plan, Area Development Plans, by adoption by the LO City Council. ■ Standards within the Overlays will take precedence over underlying zoning district standards. ■ Development Concept overlays.- By -Right in compatible zoning districts, or through Rezoning. ■ Special Overlays — Designated by City Council. Special Mixed Use (MUS) Overlay District Ord. N M Ln FUTURE LAND USE MAP �..�. FOR TARGET AREAS WTHIN T Y? \ boy `" '" g '42� 2A�aM� mn � ,� yn.: 6•. _ xa wx "f,"S§� s � y ,nma ilk `i " �,u�� �kFr ,,• Sti ii+�,wr�� � ��i pups+: 0 f I^R ''. 'Y�c x ai .S f i 9P Y ni fir{ t N 8' +'T rn•%"#. Im lr d� § �5 "I y�LYUsyJ F' z I s'ix �," a �i I + � .„•f �, Y.C.-., b ., 17 i NI 4 fl'k�v�U-�k ��U JIV SrWe i�'f`Zt> i�"4 'Ur Luh+ M ++Y�V�L �M -C JIT, r V� i — t P BBBB� F ! �� ti�xY ", rw � c r V� i — t P BBBB� F ! �� ti�xY ea d r p _ , r 7 ' ON ONlt.t� z� tLr 3a1 4-0-,' 1'�' �.Az. ^rL+� Ar 551 r , WI . y' , Adaptive.Reuse Standards Ord. ❖ Existing heights, floor area, and setbacks may remain. ❖ Projects qualify to enter the "Fast Track" development review process at no additional cost. ❖ Additional new parking spaces or loading spaces would not be required. ❖ Lot area and density standards are waived if new floor area added does not exceed more than 25% of the existing floor area. Co Co Ln I _� f '::�; Clustered Development Ord. Changes ■ A Clustered Development (and multiple clustered developments within 500 ft of each other) may not exceed 139 acres without including a transitioning mixed-use, commercial, neighborhood/ town centerLO consisting of 3 to 5 acres within the development boundaries ■ Clarified to include two-family dwelling units. 42 DATE: . September 15, 2011 AGENDA MEMORANDUM for the City Council Meeting of September 27, 2011 TO: Ronald L. Olson, City Manager FROM: Juan Perales, Jr., Assistant City Manager; Public Works, Utilities, & JohnnyP@cctexas.com (361)826-3850 CAPTION: 1A Transportatio Presentation on Seawall Projects Currently Recommended by the Type A Board Presentation on Seawall Projects Currently Recommended by the Type A Board BACKGROUND AND FINDINGS: During review and approval of the Fiscal Year 2011-2012 Capital Improvement Program, City Council requested that staff schedule a presentation to discuss seawall related projects recommended for funding by the Type A Board. ALTERNATIVES: N/A, this is a Council requested presentation. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: N/A EMERGENCY/NON-EMERGENCY: N/A, this item is intended for presentation and discussion only. DEPARTMENTALCLEARANCES: N/A, this item is intended for presentation and discussion only. —543— FINANCIAL IMPACT: X Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP Fiscal Year: 2011-2012 Project to Date Expenditures CIP Current Year Future Years TOTALS Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: N/A, this item is intended for presentation and discussion only. LIST OF SUPPORTING DOCUMENTS: PowerPoint presentation Approvals: Juan Perales, Jr., Assistant City Manager -545- Y W • E S 0 1,000 2,000 Feet Seawall System Location Map Project Summary Seawall Maintenance Fund $4.0'M Barge Dock Elevation $8.7 M USAGE Bulkhead Repairs " - $7:1 M Salt Flats Levee System (short term) $1.1 M Sunfish island and; Breakwater $3.3 M Breakwater at McGee Beach $7.3 M `I' Total Estimated Cost $38.2 M 3 Project Status E 9 Ab r, r-, 5 Barge Dock Elevation Project Location 106'-0' CONCRETE PAVING (7'2) CONCF A GRADE i BASE NEW REfAMING WALL (TYP ) CAP frWE rNEW CONCRETE PILE CAP CONTINUOLIS (20' WIDE X 36' DEEP) ' PILING EXISTING PILING BARGE DOCK CONCEPTUAL SECTION n N.T.S. V-0. CONCRETE FOOTING T.-0, 7 City of Corpus Christi L� Project No. 2 - Barge Dock Elevation Feb. 2009 ATmMI'M 1►7TLT:■1, i 'h91 4v'V., j f S 1l Mr ?Y - LN. Y 2f y� �.w ! ATmMI'M 1►7TLT:■1, i r „ a - LN. Bulkhead Repairs USACE Bulkhead Repairs E:. City of Corpus Christi F Project No. 7 - U.S.A.C.E. Bulkhead Repairs eb. 2009 Concept Aerial 7C-5 N w. 4 W^vs'"kr o ISalt System Flats Levee N w. 4 W^vs'"kr u � M N w. Sunfish Island (in 2008) ►reakwaters Island Restoration Area rrr� Gap Closure Breakwater Shoreline Protection Breakwater Sunfish Island and Breakwater 0 250 500 11000 Feet 9 .,a a kF^P �I 13 MCI 9 .,a a kF^P �I 13 r 4 p K 4 g 1 M1.a r Emerald Beach 14 F� g Emerald Beach 14 Old Wienerschnitzel i(ding rA EMM 15 4 4+` M 4ff•! �!('J � f •, �$ .�iFi •U., �`M1WnJ �� 4 n8 tl 1 H •k?�Qvd ux++�i' a q* nkWMr tv' S"ri � ✓ �, ++4rm.M a,� 4 •4 � -5, ip' f `�✓tA� 4 ���o a m N M+YYmVl .+Nnv'Ahyl kp wi.rA°W y� i"^� wri�S L:' ■}+v�t_M.15Hd1<ru .x M'T4 4Ti �1Ar k awF1�.�1'M Old Wienerschnitzel i(ding rA EMM 15 Questions/Comments 16 -580-