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Agenda Packet City Council - 10/11/2011
11:45 A.M. - Proclamation declaring October 15, 2011 as "Walk 'N" Roll Celebration for Disability Awareness Day" Proclamation declaring the week of October 14-16, 2011 as "51st Annual Texas Jazz Festival" AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 OCTOBER 11, 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 es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe Adame to call the meeting to order. B. Invocation to be given by Reverend Greg Hackett, First United Methodist 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 October 11, 2011 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: 1. Approval of Regular Meeting of September 27, 2011. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. * City Council's Youth Advisory Committee * Community Youth Development (78415) Program Steering Committee * Nueces County Tax Appraisal District * Park and Recreation Advisory Committee * Port of Corpus Christi Authority G. EXPLANATION OF COUNCIL ACTION: H. For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. if deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote an all motions, resolutions and ordinances not removed for individual consideration.) 3. 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 Agenda Regular Council Meeting October 11, 2011 Page 3 4. 5. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) (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 # 3) 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 # 3) 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. (Attachment # 4) 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. (Attachment # 4) 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. (Attachment # 5) 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 Agenda Regular Council Meeting October 11, 2011 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to Legend at the end of the agenda summary) for the Emergency Shelter Grant Program; and $2,336,552 for the HOME Investment Partnerships Program. (Attachment # 5) c. Motion ratifying the 2011 Emergency Shelter Grant Program funding agreements to be effective August 1, 2011. (Attachment # 5) 6. 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 # 6) 7. 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 # 7) 8. 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 # 8) 9. Motion approving the application for street closure from K - Space Contemporary and Downtown Management District, to temporarily close the following street sections from Dia De Los Muertos Festival; to take place Friday, October 28, 2011. (Attachment # 9) 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., Agenda Regular Council Meeting October 11, 2011 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Friday, October 28, 2011 and ending at 1:00 A.M., Saturday, October 29, 2011. 10. Second 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. (First Reading — 09/27/11) (Attachment # 10) 11. Second 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. (First Reading — 09/27/11) (Attachment # 11) EXECUTIVE SESSION: (NONE) 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. J. PUBLIC HEARINGS: (NONE) (RECESS REGULAR COUNCIL MEETING) K. CORPORATION MEETINGS: 12. COASTAL BEND HEALTH FACILITIES DEVELOPMENT CORPORATION (Attachment # 12) AGENDA COASTAL BEND HEALTH FACILITIES DEVELOPMENT CORPORATION REGULAR MEETING Agenda Regular Council Meeting October 11, 2011 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) DATE: Tuesday, October 11, 2011 TIME: During the meeting of the City Council beginning at 12:00 p.m. PLACE: City Council Chambers 1201 Leopard Street Corpus Christi, TX 78401 1. Call meeting to order. 2. _._Secretary Armando Chapa calls. roll. .. . Board of Directors Officers Joe Adame Armando Chapa, Secretary Chris N. Adler Mary Juarez, Asst. Secretary Larry Eiizondo, Sr. , Treasurer Kevin Kieschnick Constance P. Sanchez, Asst. Treas. 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 and Articles of Incorporation. 6. Election of Officers: President, Vice President, Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, General Manager. 7. Public Comment 8. Adjourn. 13. COASTAL BEND CULTURAL EDUCATION FACILITIES FINANCE CORPORATION (Attachment # 13) AGENDA COASTAL BEND CULTURAL EDUCATION FACILITIES FINANCE CORPORATION REGULAR MEETING DATE: Tuesday, October 11, 2011 Agenda Regular Council Meeting October 11, 2011 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) TIME: During the meeting of the City Council beginning at 12:00 p.m. PLACE: City Council Chambers 1201 Leopard Street Corpus Christi, TX 78401 1. Cali meeting to order. 2. Secretary Armando Chapa calls roll. Board of Directors Officers Joe Adame Armando Chapa, Secretary Chris N. Adler Mary Juarez, Asst. Secretary Larry Elizondo, Sr. , Treasurer Kevin Kieschnick Constance P. Sanchez, Asst. Treas. Priscilla Leal , General Manager David Loeb John Marez Nelda Martinez Mark Scott L. 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. 7. Public Comment 8. Adjourn. (RECONVENE REGULAR COUNCIL MEETING) REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 14. a. Resolution approving amendments to the Bylaws and Articles of Incorporation of the Coastal Bend Health Facilities Development Corporation. (Attachment # 14) Agenda Regular Council Meeting October 11, 2011 Page 8 15. 16. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) b. Resolution approving amendments to the Bylaws of the - Coastal Bend Cultural Education Facilities Finance Corporation. (Attachment # 14) a. Ordinance authorizing the City Manager or designee to execute a lease with Corpus Christi Chamber of Commerce for the McCampbell House in Heritage Park for three year term with rent of $1,500 per month. (Attachment # 15) b. Ordinance appropriating $13,500 of anticipated rental income, from the lease of the McCampbell House in Heritage Park to the Corpus Christi Chamber of Commerce, in the No. 4710 Visitor's Facility Fund for the maintenance of Heritage Park facilities; changing the FY 2011-2012 Operating Budget adopted July 26, 2011 by Ordinance No. 029155, by increasing revenues and expenditures by $13,500 each. (Attachment # 15) 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 # 16) 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. (Attachment # 16) 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 # 16) 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 Bridge Project. (Attachment # 16) Agenda Regular Council Meeting October 11, 2011 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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 Bridge Project. (Attachment # 16) M. FIRST READING ORDINANCES: 17. First Reading Ordinance - Repealing Section 23-23, Chapter 23, Code of Ordinances, relating to a fee paid by cosmetology license applicants. (Attachment # 17) 18. First Reading Ordinance - Appropriating $1,393,692 from the unreserved fund balance in Passenger Facility Charge Fund No. 4621 and transferring $971,742 into the Airport 2000A Debt Service Fund No. 4640 and $421,950 into the Airport 2000B Debt Service Fund No. 4641 for Debt Service on Airport Improvements; changing the, FY2011-2012 Capital Budget adopted by Ordinance No. 029135 to increase appropriations by $1,393,692. (Attachment # 18) 19. First Reading Ordinance — Authorizing the City Manager to execute a temporary raw water sales contract with Formosa Plastics Corporation, Texas. (Attachment # 19) 20, First Reading Ordinance - Providing for continuation of taxation of goods in transit in tax years beginning on or after January 1, 2012 in accordance with Texas Tax Code Section 11.253. (Attachment # 20) 21. SUSTAINABILITY ORDINANCES a. First Reading 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 penalties, publication and an effective date. (Attachment # 21) b. First Reading Ordinance - Amending the Corpus Christi Unified Development Code by adding a new Section 6.7 entitled, "Clustered Development Overlay District", relating to Agenda Regular Council Meeting October 11, 2011 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) the use, regulations, and review standards for clustered development; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective date. (Attachment # 21) c. First Reading 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 penalties, publication and an effective date. (Attachment # 21) d. First Reading 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 penalties, publication and an effective date. (Attachment # 21) e. First Reading 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 conflicting ordinances; providing for penalties, publication and an effective date. (Attachment # 21) f. First Reading 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 penalties, publication and an effective date. (Attachment # 21) Agenda Regular Council Meeting October 11, 2011 Page 11 g. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) First Reading 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 penalties, publication and an effective date. (Attachment # 21) h. First Reading 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 penalties, publication and an effective date. (Attachment # 21) i. First Reading Ordinance - Amending the Corpus Christi Unified Development Code by adding a new Section 7.12 entitled, "Adaptive Reuse Development Standards", relating to the use, regulations and review 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 penalties, publication and an effective date. (Attachment # 21) N. 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. FUTURE AGENDA ITEMS: 22. Motion approving a service agreement with All Points Environmental, LLC, of Corpus Christi, Texas for lead-based paint testing, cleaning and clearance services in accordance with Bid Invitation No. Bl -0093-11, based on best value for an estimated annual expenditure of $202,565. The term of the service agreement will be for twelve months with an option to extend the agreement for up to two additional twelve month periods, subject to the approval of the contractor and the City Manager or designee. (Attachment # 22) Agenda Regular Council Meeting October 11, 2011 Page 12 23. 24. 25. 26. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) a. Motion authorizing the City Manager or designee to accept a grant in the amount of $20,000 from the Office of Juvenile Justice and Delinquency Prevention Internet Crimes Against Children (ICAC) Task Force program to continue the ICAC program within the Police Department and to execute all related documents. (Attachment # 23) b. Ordinance appropriating $20,000 from the Office of the Juvenile Justice and Delinquency Prevention Internet Crimes Against Children (ICAC) Task Force program to continue the ICAC program within the Police Department in the No. 1061 Police Grants Fund. (Attachment # 23) a. Motion authorizing the City Manager or designee to accept a grant in the amount of $59,914 from the State of Texas, Office of the Governor, Criminal Justice Division to establish a Regional Fusion Center grant within the Police Department and to execute all related documents. (Attachment # 24) b. Ordinance appropriating $59,914 from the State of Texas, Office of the Governor, Criminal Justice Division in the No. 1061 Police Grants Fund to establish a Regional Fusion Center within the Police Department. (Attachment # 24) a. Motion authorizing the City Manager or designee to accept a grant in the amount of $500,000 from the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS) for funding available under the 2011 COPS Child Sexual Predator Program with a city in-kind contribution of $10,000 to be used to reduce child endangerment and to execute all related documents. (Attachment # 25) b. Ordinance appropriating $500,000 from the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS) for funding available under the 2011 COPS Child Sexual Predator Program with a city in-kind contribution of $10,000 in No. 1061 Police Grants Fund to be used to reduce child endangerment. (Attachment # 25) a. Motion authorizing the City Manager or designee to accept a grant in the amount of $94,705.63 from the State of Texas, Agenda Regular Council Meeting October 11, 2011 Page 13 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Criminal Justice Division to continue the Violence Against Women Act (VAWA) grant within the Police Department for Year 12 with a city cash match of $47,165.44, in-kind match of $7,200 for a total project cost of $149,071.07 and to execute all related documents. (Attachment # 26) b. Ordinance appropriating $94,705.63 from the State of Texas, Criminal Justice Division in the No. 1061 Police Grants Fund for funding available under the Violence Against Women Act (VAWA) fund, transferring $47,165.44 from the No. 1020 Cash contributions to grants and appropriating it in the No. 1061 Police Grants Fund as grant matching funds. (Attachment # 26) 27. a. Motion authorizing the City Manager or designee to accept grant funding in the amount of $90,206.50 from the Texas Department of Transportation (TxDOT) for the Comprehensive Selective Traffic Enforcement Project (STEP) in the Police Department for overtime Driving While Intoxicated (DWI) and Speed enforcement with a City match of $94,047.10 and to execute all related documents. (Attachment # 27) b. Ordinance appropriating $90,206.50 from the Texas Department of Transportation (TxDOT) for funding for the Comprehensive Selective Traffic Enforcement Project (STEP) in the No. 1061 Police Grants Fund. (Attachment # 27) 28. Resolution authorizing the City Manager to execute GLO surface lease No. SL20110014 (TXDOT lease No. L16-178- 356) and the related memorandum of GLO surface lease for an approximate 2.2 acre tract in the right-of-way of Park Road 22 (Clem's & Billings boat ramps parking lot). (Attachment # 28) 29. Resolution authorizing the City Manager or designee to negotiate and execute Memoranda of Agreement with the Federal Aviation Administration for various FAA technical services associated with Runway Safety Project at Corpus Christi International Airport, in total amount not to exceed $650,000 to be paid from funds awarded under Federal Aviation Administration Grant No. 3-48-0051-047-2011. (Attachment # 29) Agenda Regular Council Meeting October 11, 2011 Page 14 30. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) a. Ordinance appropriating $814,025.66 of anticipated revenues from the Texas Department of Transportation in Fund No. 3530 for the Yorktown Boulevard from Staples to Cimarron Landscaping Improvements; changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase revenues and expenditures by $814,025.66. (BOND 2008) (Attachment # 30) b. Motion authorizing the City Manager or designee to execute a construction contract with Barcom Commercial of Corpus Christi, Texas, in the amount of $1,017,532.07 for Yorktown Boulevard from Staples to Cimarron Landscaping Improvements for the Base Bid. (BOND 2008) (Attachment # 30) 31. Motion authorizing the City Manager or designee to execute a Professional Services contract with Naismith Engineering of Corpus Christi, Texas, in the amount of $667,690 for Oso Creek Basin Drainage Relief. (STORMWATER CIP) (Attachment # 31) 32. Motion authorizing the City Manager or designee to execute a Contract for Professional Services with Urban Engineering of Corpus Christi, Texas, in the amount of $138,000 for La Voila Creek Drainage Channel Excavation. (STORMWATER CIP) (Attachment # 32) 33. Motion authorizing the City Manager or designee to execute a construction contract with Graham Construction Services, Inc. of Eagan, Minnesota in the amount of $1,891,600 for Resaca Lift Station Upgrade 2009 for the Base Bid. (Attachment # 33) 34. Motion authorizing the City Manager or designee to execute a construction contract with Blue Bay Construction of Houston, Texas in the amount of $348,910.95 for the Corpus Christi Beach Promenade Northward Extension for the Base Bid plus Additive Alternate No. 2. (BOND 2008) (Attachment # 34) UPDATES TO CITY COUNCIL: 35. Presentation on Seawall Projects Currently Recommended by the Corpus Christi Business and Job Development Corporation (Type A Board) (Attachment # 35) Agenda Regular Council Meeting October 11, 2011 Page 15 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 36. Texas Municipal Retirement System (TMRS) — Overview of City's TMRS Plan and Options for Change (To be considered at approximately 12:15 pm) (Attachment # 36) 37. Oso Bay Wetland Preserve and Learning Center Master Plan Update (Attachment # 37) 0. 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 CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. P. CITY MANAGER'S COMMENTS: * Update on City Operations Q. ADJOURNMENT: Agenda Regular Council Meeting October 11, 2011 Page 16 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at S. 15 p.m., on October 6, 2011. rmando 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. 1 Minutes - Regular Council Meeting September 27, 2011 - Page 2 3.a. ORDINANCE NO. 029213 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. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adler was absent. 3.b. MOTION NO. 2011-203 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. The foregoing motion was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adler was absent. 4.a. RESOLUTION NO. 029214 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. The foregoing resolution was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adler was absent. 4.b. ORDINANCE NO. 029215 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. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adler was absent. 5.a. RESOLUTION NO. 029216 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. The foregoing resolution was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adler was absent. —2— Minutes - Regular Council Meeting September 27, 2011 - Page 3 5.b. ORDINANCE NO. 029217 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. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adler was absent. 6.a. RESOLUTION NO. 029218 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. The foregoing resolution was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adler was absent. 6.b. ORDINANCE NO. 029219 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. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adler was absent. 7. MOTION NO. 2011-204 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. The foregoing motion was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adler was absent. 9. MOTION NO. 2011-206 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) The foregoing motion was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adler was absent. Minutes - Regular Council Meeting September 27, 2011 - Page 4 10. MOTION NO. 2011-207 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. The foregoing motion was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adler was absent. 11. MOTION NO. 2011-208 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. 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. The foregoing motion was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adler was absent. 12. MOTION NO. 2011-209 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. The foregoing motion was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adler was absent. —4— Minutes - Regular Council Meeting September 27, 2011 - Page 5 13. MOTION NO. 2011-210 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 Colonias Drive, for the continued use of the property as a warehouse with outdoor storage. The foregoing motion was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adler was absent. 14. ORDINANCE NO. 029220 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 Ordinance No. 029135 to increase revenues and expenditures by $6,061.55 each. (First Reading — 09/20/11) The foregoing ordinance was passed and approved on second reading with the following vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adler was absent. The following item was pulled for individual consideration and was voted on separately. There were no comments from the audience. City Secretary Chapa polled the Council for their vote on Item No. 8 as follows: 8. MOTION NO. 2011-205 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. The foregoing motion was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adler was absent. Mayor Adame announced the executive session listed on the agenda as follows: Executive session pursuant to Texas Government Code Section 551.071 regarding Cause No. 2011 CCV1933-2 styled Mike Hummel! 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. The council went into executive session. The council returned from executive session and Mayor Adame announced that no action would be taken in open session. PUBLIC HEARING: Mayor Adame referred to Item 15, and a motion was made, seconded and passed to open the public hearing on the following right-of-way closure: —5— Minutes - Regular Council Meeting September 27, 2011 - Page 6 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. Miguel Saldana, Senior Planner explained that this request is for closure of a 20 -foot wide public right-of-way located between Yorktown Boulevard public right of way and Oso Creek for the development of Ranch Lake Unit 2. No one appeared in opposition to the right-of-way closure. A motion was made to close the public hearing, seconded and passed. City Secretary Chapa polled the Council for their votes as follows: 15. ORDINANCE NO. 029221 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) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Kieschnick, Loeb, Marez, Martinez and Scott, voting "Aye"; Elizondo and Leal were absent. REGULAR AGENDA: Mayor Adame referred to Item No. 16. Johnny Perales, Assistant City Manager stated that Item 16 is a five part item involving multiple issues relating to the packery channel project including--- a revised project and financing plans; appropriating and transferring $1,393,400 for the approved projects; changing the three year revenue and expenditure projection for Reinvestment Zone No. 2; awarding a contract for packery channel dredging and beach nourishment and a monitoring contract. Mayor Adame called for public comment. There was no public comment. City Secretary Chaps polled the Council for their votes as follows: 16.a. ORDINANCE NO. 029222 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 equipment in the Packery Channel project area with funds from the Zone's Maintenance Reserve; providing for publication. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez and Scott, voting "Aye"; Leal was absent. -6- Minutes - Regular Council Meeting September 27, 2011 - Page 7 16.b. ORDINANCE NO. 029223 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. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez and Scott, voting "Aye"; Leal was absent. 16.c. ORDINANCE NO. 029224 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. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez and Scott, voting "Aye"; Leal was absent. 16.d. MOTION NO. M2011-211 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. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez and Scott, voting "Aye"; Leal was absent. 16.e MOTION NO. 2011-212 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. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez and Scott, voting "Aye"; Leal was absent. MayorAdame referred to Item No. 17. Pete Anaya, Director of Engineering Services stated that this item is for a construction contract to Bay, Ltd. for Buddy Lawrence Drive from 11-1 37 to Antelope Street. MayorAdame called for public comment. There was no comment from the public. City Secretary Chapa polled the Council for their votes as follows: 17. MOTION NO. 2011-213 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) —7— Minutes - Regular Council Meeting September 27, 2011 - Page 8 The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". MayorAdame referred to Item No. 18. Pete Anaya, Director of Engineering Services stated that this item is fora construction contract to Texas Sterling Construction Company for Airline Road from Saratoga to Rodd Field. Mayor Adame called for public comment and the .following citizens spoke: Abel Alonzo, Philip Skrobarczyk and Darryl Haas. City Secretary Chapa polled the council for their votes as follows: 18. FAILED Cencrcte). (BOND 2008) The foregoing motion failed with the following vote: Adame, Adler, Kieschnick, Martinez and Scott, voting "No"; Elizondo, Leal, Loeb and Marez, voting "Aye". Council Member Scott then made a motion to award the contract to Haas -Anderson, seconded by Council Member Kieschnick. City Secretary Chapa polled the Council for their votes as follows: 18. MOTION NO. 2011-214 Motion authorizing the City Manager or designee to execute a construction contract with Haas -Anderson, Ltd of Corpus Christi, Texas in the amount of $6,261,415.15 for the Airline Road from Saratoga to Rodd Field for the Base Bid 2 (Full Phased Closure - Asphalt). (BOND 2008) The foregoing motion passed with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". MayorAdame referred to Item No. 19. Pete Anaya, Director of Engineering Services stated that this item is for a construction contract to Ti -Zack, Inc. for the ADA Improvements Group 2. Mayor Adame called for comments from the audience. There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 19. MOTION NO. 2011-215 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) The foregoing motion passed with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". Mayor Adame referred to Item No. 20. Pete Anaya, Director of Engineering Serices stated that this is a two-part item related to appropriating an FAA grant in the amount of $3,250,000, and a construction contract for upgrades to the communication center, perimeter security, standby generator and commercial aviation apron lighting at the Corpus Christi International Airport. Mayor —8— Minutes - Regular Council Meeting September 27, 2011 - Page 9 Adame called for comments from the audience There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 20.a. ORDINANCE NO. 029225 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. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 20.b. MOTION NO. M2011-216 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. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". Mayor Adame referred to Item No. 21. Fred Segundo, Director of Aviation stated that this item relates to a Memorandum of Agreement for non-federal reimbursement between the City and the FAA in the amount of $194,386.77 for projects associated with runway safety. Mayor Adame asked for comments from the audience. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 21. RESOLUTION NO. 029226 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. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". Mayor Adame referred to Item No. 22. Jay Reining, Assistant City Attorney explained that this item relates to the appointment of directors to the Lower Nueces River Water Supply District. Mayor Adame asked for comments from the audience. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 22. RESOLUTION NO. 029227 Resolution requesting the appointment of new directors to the Lower Nueces River Water Supply District. Minutes - Regular Council Meeting September 27, 2011 - Page 10 The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". Mayor Adame referred to Item No. 23. Constance Sanchez, Interim Director of Finance, explained that this item is related to the final issuance of bonds for the Bond 2008 projects in an amount not to exceed $49,300,000. MayorAdame asked for comments from the audience. There were no comments from the audience. City Secretary Chapa polled their Council for their votes as follows: 23.a. MOTION NO. 2011-217 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. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 23.b. ORDINANCE NO. 029228 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. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". Mayor Adame referred to Item No. 24. Aurora Parlamas, Assistant Director of Health explained that this item is related to program income for FY 2011-2012. Mayor Adame asked for comments from the audience. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 24. ORDINANCE NO. 029229 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. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". Mayor Adame referred to Item No. 25. Rudy Garza, Interim Assistant City Manager stated that this item is related to a grant application submission to the U.S. Department of Housing and Urban Development for a Regional Sustainability Plan. MayorAdame asked for comments from —10— Minutes - Regular Council Meeting September 27, 2011 - Page 11 the audience. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 25. RESOLUTION NO. 029230 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. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". FIRST READING ORDINANCE(S): MayorAdame referred to Item No. 26. Herb Canales, Director of Libraries stated that is for the appropriation of $2,940.78 from royalties from oil, gas and mineral interests bequeathed to the Library from the Estate of William T. Neyland. Mayor Adame asked for comments from the audience. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 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. The foregoing ordinance was passed and approved on first reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez and Scott, voting "Aye"; Martinez was absent. Mayor Adame referred to Item No. 27, Joan McKaughan, Interim Director of Human Resources stated that this item is a revision to the Personnel Ordinance to increase the midpoint and maximum pay ranges in Pay Plan 400. MayorAdame asked for comments from the audience. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 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. The foregoing ordinance was passed and approved on first reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". —11— Minutes - Regular Council Meeting September 27, 2011 - Page 12 FUTURE AGENDA AITEMS AND UPDATES TO COUNCIL: Mayor Adame referred to the Future Agenda Item section on the agenda. Items 28 - 38. Mr. Adame stated that these items are for informational purposes only and that no action or public comment will be taken at this time. Staff presented a brief overview on each of the following items: 28.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. 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. 29.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. 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. 30.a. Resolution ratifying acceptance by the City Manager or designee of grants from the U.S. Department of Housing and Urban Development ("HUD") 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. 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. 30.c. Motion ratifying the 2011 Emergency Shelter Grant Program funding agreements to be effective August 1, 2011. 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. -12- Minutes - Regular Council Meeting September 27, 2011 - Page 13 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. 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. 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. 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. 36. Coastal Bend Cultural Facilities Finance Corporation Agenda, Tuesday, October 11, 2011, 12:00 p.m. 37.a. Resolution approving amendments to the Bylaws and Articles of Incorporation of the Coastal Bend Health Facilities Development Corporation. 37.b. Resolution approving amendments to the Bylaws of the Coastal Bend Cultural Education Facilities Finance Corporation. 38.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. 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 Voluntary Local Government Contributions to Transportation Improvement Projects for the Park Road 22 Bridge. 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. -13- Minutes - Regular Council Meeting September 27, 2011 - Page 14 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. 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. UPDATES TO CITY COUNCIL: MayorAdame referred to the Updates to City Council section on the agenda, Items 39 - 42. Fred Segundo, Director of Aviation addressed Item No. 39, a presentation on the Fixed Based Operator Development Plan. Mr. Segundo recognized the Team that worked on the plan, Don Feferman, Chairman of the Airport Board, Bill McCord, Vice Chairman of the Airport Board, Enrique Castillo, Assistant Director of Aviation, and Kim Bridger, Marketing Director of Aviation. Mr. Segundo stated that the purpose of the plan is for future operations of the east and west FBO and to provide business model options. The presentation included providing aeronautical services to all aircraft operators, services provided by FBO, FBO customers, community needs, and key benefits. Margie Rose, Assistant City Manager address Item No. 40, a presentation regarding Business Case Evaluation Results for Municipal Information Systems Competitive Assessment and General Services Fleet "RightSizing"/Competitive Assessment. Ms. Rose stated that Plante & Moran, Inc. was hired to do a competitive assessment of the Municipal Information Systems department, and Mercury Associates, Inc. to conduct a competitive assessment of the Fleet Services including a RightSizing component. Mr. Adam Rujan, Project Director and Dennis Bagley, Senior Partner, Plante & Moran, Inc. provided a presentation on the findings of the MIS department including the objectives, comprehensive methodology, approach and timing, the IT privatization study, industry trends, discussed the services towers within the MIS department, IT infrastructure, changes within the MIS department, performance, usersatisfaction, benchmarking, outsourcing assessment strengths and weaknesses, net present value scenarios, conclusions and recommendations, and work plan. Mr. Randy Owen, Senior Vice President and Ralph Filicko, Senior Manager, Mercury Associates, Inc. provided a presentation on the Fleet Assessment/RightSizing including the project scope, fleet size by department, expansion of fleet pool, utilization and criticality, cost comparisons, service level benchmarks, performance of fleet, vehicle replacement, organization issues, infrastructure issues and cost distribution issues, return on investment, and fleet action plan. Ms. Lisa Wargo, Senior Planner, Development Services addressed Item No. 41. Ms. Wargo provided a presentation of the Sustainability Ordinances associated with Department of Energy Efficiency and Conservation Block Grant. Ms. Wargo added that the purpose is to promote sustainable development which led to the creation of 13 new ordinances to focus on uses allowed by right and to promote residential mixed uses. She referred to a presentation and explained the purpose and uses for the following ordinances: Mixed -Use Overlay District Standards, Alternative Housing Options for Overlay, Streetscape Zone Standards, Development Concept and Special Overlay, Special Mixed Use Overlay District, Uptown/Downtown MUS Special Overlay District, Target Area Redevelopment Special Overlay, Neighborhood Mixed Use, Urban Agricultural Use Standards, Adaptive Reuse Standards, Amended Off -Street Parking Standards and Clustered Development Overlay District. —14— Minutes - Regular Council Meeting September 27, 2011 - Page 15 City Manager Olson stated that Item No. 42, presentation on Seawall Projects is being postponed. PUBLIC COMMENT The following citizens spoke during public comment: The following citizens spoke in support of the Schlitterbahn project: Dan Winship, Keith Arnold, CVB, Colleen McIntyre, Gladys Choyke, Stan Hulls, Mike Capelo, Foster Edwards CEO Chamber of Commerce, Glenn Lyons, Carolyn Moon, Abel Alonzo, John White, Shiela Allen and Tim Lawson. Robert Nash, concerned that residents have not been polled regarding Schlitterbahn project, Charles Marshall, spoke of rights. CITY MANAGER COMMENTS Mr. Olson stated that the next department for a business case analysis would be the Solid Waste department. He informed the council that in the next couple of weeks the Office of Management and Budget will also begin to function as a management office and look at continuous improvement and go into departments to review their operations and conduct small studies. There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 5:55 pm on September 27, 2011. -15- 2 INDIVIDUAL SELECTED BY THE PRINCIPAL OF THE RESPECTED CAMPUS Katie Baker Junior. Activities include: Club and School Volleyball; Track; Sea City Work Camp; and Still Water Sports Camp. (9-26-11)(Calallen High School, Alternate) -20- b. COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING COMMITTEE — Six (6) vacancies with terms to 8-31-12 and 8-31-13, four (4) must reside in the 78415 zip code area. (Note: Youth membership is no longer a state requirement therefore staff is planning to remove the youth membership on this committee and will bring back to Council for consideration) DUTIES: To advise the City Council on a periodic basis, as requested by the City Council, regarding the progress of the Community Youth Development Program and make recommendations to the City Council on items pertaining to the Community Youth Development Program. COMPOSITION: Eleven (11) voting members with two-year, staggered terms. The officers of the committee shall be residents of the 78415 zip code area. City guidelines require that at least 51% of the collaborative steering committee members must be community residents or people closely connected to the community who are not social service providers. Two of the voting members shall be youth involved in the CYD Youth Advisory Committee. City guidelines also require that no members of the committee may be related to each other. MEMBER ***Fr. Peter Martinez Belinda Barrera ***Sal Hernandez (78415 Resident) Jean Marie Giegerich Linda Moyer (78415 Resident), Chair *Rosa "Linda" Rincon (78415 Resident) * * * Shon Jimenez *Sandra M. Rivera (78415 Resident) Norma Soliz (78415 Resident) Melanee Gonzalez (Youth) (78415 Res.) VACANT (Youth) TERM 8-31-12 8-31-12 8-31-11 8-31-12 8-31-12 8-31-11 8-31-11 8-31-11 8-31-12 8-31-12 8-31-11 Legend: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met term limitation ORIGINAL APPTD. DATE 2-19-08 10-13-09 2-10-09 6-09-09 2-19-08 1-16-07 2-23-10 9-14-10 9-14-10 9-14-10 11-18-08 ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NAME THIS TERM Rosa Rincon (78415 Resident) 4 Sandra M. Rivera (78415 Resident) 4 —21— NO. % OF ATTENDANCE PRESENT LAST TERM YEAR 3 75% 4 100% OTHER INDIVIDUALS EXPRESSING INTEREST Ron Antosko Jennifer De La Mora Denise Etheridge Jeff Fonseca William M. Kramer, Jr. Joel S. Mumphord Anthony John Mulheron Norman Navarro Erica Rios Rosa Romero Financial Advisor, Bank of America — Merrill Lynch. Received MBA in International Trade and Series 7 License in securities. (7/12/11) Office Administrator, American Tire Distributors. Previously volunteer in school fundraisers; breast cancer fundraisers; and coordinated "Fun in the Sun" day for former employer. (10/06/11) Student (Junior), Tuloso-Midway High School. Ranked 10th in class. Activities include. Band, Soccer, CX Debate, Extemp, Mock Trail, and UIL Math Team. Interested in politics. (1/16/11) Owner, Green Tree Lawn Care. (6/8/11) Agent, Kramer Insurance Agency. Received Bachelors in Political Science from Texas A&M University -Corpus Christi. Activities include: Cystic Fibrosis Walk and Diabetes Walk. (6/17/11) Retired, Encycle, Inc. Served in Law Enforcement. Activities include: Host of T.V. Show, Community Action Agency, Molina Neighborhood Day Care, HIALCO President. (4/28/11) Quality Control Inspector, L3. Owner, AJM Tactical. Attends Liberty University Online. Activities include: Wounded Warrior. (5/02/11) Technology Center Instructor, Lulac National Education Service Centers, Inc. Presently pursuing Master's in Educational Technology. Activities include: American GI Forum Member. (5/25/11) Front Desk Support, Francisco's Salon. Received BA from Texas A&M University -Corpus Christi. Activities include: American GI Forum and Coastal Bend Premie Network. (5/5/11) (78415 Resident) Owner, Mike's Custom Upholstery and Interiors. Activities include: Communities of Shalom, Advisory Board of Mexicans Living Abroad, Fuerza Communitaria, and Hispanic Woman's Network of Texas. (6/06/11) (78415 Resident) —22— Cookie Silverman Homemaker. Attended Texas Tech University. Activities include: Jewish Community Center. (4/22/11) Roger Vazquez Teaching Assistant, Texas A&M University -Corpus Christi. Received a Bachelor's in Psychology from University of Texas at Austin and Master's in Clinical Psychology from Texas A&M University -Corpus Christi. (5/18/11) —23— c. NUECES COUNTY TAX APPRAISAL DISTRICT — One (1) vacancy with term to 12-31-13. DUTIES: The district is responsible for making general policy regarding the operation of the appraisal district i.e., reappraisal programs, analysis of procedures, etc. They are also responsible for appointing the Appraisal Review Board. COMPOSITION: Seven (7) members, each shall serve a two-year term and shall have one vote. Each member of the board shall be selected or elected to fill one place on the board, which places shall be numbered one through seven. The term of each member shall begin on January 1 of each even -numbered year. A member must be a resident of the district, reside in the district for at least two (2) years immediately preceding the date the individual takes office, and not owe delinquent property taxes to the taxing entity. A person may not be appointed or continue to serve if related within second degree of consanguinity to an appraiser who appraises property for use in the appraisal review board proceedings or represents property owners for compensation before the appraisal district's appraisal review board. The following entities will designate board members for the places as listed: PLACE NUMBER JURISDICTION VOTING ON THIS PLACE 1 and 2 Corpus Christi ISD 3 and 4 City of Corpus Christi 5 Nueces County 6 Urban -Port Aransas to be decided by the following ISDs: Calallen, Flour Bluff, Port Aransas, City of Port Aransas, Tuloso-Midway ISD, and West Oso 7 Rural -Agribusiness to be decided by these: Agua Dulce ISD, City of Agua Dulce, Banquete ISD, Bishop ISD, City of Bishop, Driscoll ISD, City of Driscoll, London ISD, Robstown ISD, City of Robstown, and Santa Cruz ISD. The City of Corpus Christi shall submit names for Places 3 and 4 to Nueces County Clerk before October 15, and each odd -numbered year thereafter. MEMBERS TERM Place 1: Ed Lopez 12-31-11 Place 2: Paul Altheide 12-31-11 *Place 3: Robert Adler 12-31-11 Place 4: Gerardo "Jerry" Garcia 12-31-13 Place 5: David Berlanga, Vice Chair 12-31-11 Place 6: Richard C. Pittman, Chair 12-31-11 Place 7: John Sendejar 12-31-11 Ramiro R. Canales, Ex-Offico Member Legend: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met term limitation —24— ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Robert Adler 12 11 92% INDIVIDUALS EXPRESSING INTEREST Richard Bell Eugene H. Bouligny Sylvia Cantu Margareta Fratila Coretta Graham Director, Texas A&M Corpus Christi — Coastal Bend Business Innovation Center. Received a BS in Management at Excelsior College and MA in Accounting from Texas A & M University — Corpus Christi. Activities include: Corpus Christi Yacht Club and Corpus Christi Sunrise Rotary. Licensed United States Coast Guard Master. (3/31/11) Self -Employed in Investments and Philanthropy. Graduate of the University of Texas at Austin. Activities include: Del Mar College Foundation; Art Museum of South Texas; Arts Center Board of Directors; and major contributor to Del Mar College Foundation, Habitat for Humanity; Texas A & M University; and Children's Advocacy Center. (8/23/11) Self Employed, Texas Sno-Pro. Formerly Records Management Coordinator/Supervisor for Nueces County. Recipient of Outstanding Awards from Texas State Library and South Texas State Associate Records Management Association. (4/29/11) Owner, Margaret's Greenhouse and European Floral Design. Received Master of Science in Horticulture and Agriculture from Horticultural University of Bucharest, Romania, Master of Art Degree from Webster University at St. Louis, Missouri and Certification in Secondary Education from Corpus Christi State University. Activities include: Americans for Prosperity, Texas State Society of Washington, D.C., Society of American Florists, Republican Women's Club and Numerous Other Organizations. Recipient of Republican Senatorial Medal of Freedom, 2003. (6/29/11) Self -Employed, Attorney. Activities include: Junior League; Leadership Corpus Christi Alumni; Corpus Christi Chamber 40 under 40; BoldFuture; NAACP; Delta Sigma Theta CC Alumnae Chapter. (9/06/11) —25— Paul Grivich President, Grivich mineral & Mining Corporation. Received Bachelors of Science from Sam Houston State University. Activities include: Oil and Gas Commission; Nueces County Civil Service Commission; and former members of the Nueces County Tax Appraisal District, Hispanic Chamber of Commerce and Zoning Commission. (8/18/11) Carl Bob Hellums President, Tasador, Inc. Received Bachelors of Science and Masters of Land Economics and Real Estate from Texas A & M University. Currently holds a General Certified Real Estate Appraisal Certification and a Texas Real Estate Commission Brokers License. (5/03/11) Rose Mary Knippa Owner, Valdez Fleet Sales. Attended Business College at Durhams and Business Management courses at Del Mar College. Activities include: served as Chairman on Appraisal Review Board and current member of the Coastal Bend Chapter of Texas Association of Assessing Officers. (4/18/11) William M Kramer, Jr. Agent, Kramer Insurance Agency. Received Bachelors in Political Science from Texas A&M University -Corpus Christi. Activities include: Cystic Fibrosis Walk and Diabetes Walk. (6/17/11) Joel S. Mumphord Marsha Williams Retired, Encycle, Inc. Served in Law Enforcement. Activities include: Host of T.V. Show, Community Action Agency, Molina Neighborhood Day Care, HIALCO President. (4/28/11) Realtor, Re/Max Metro Properties. Received B.A. in Business from Texas A & I University Kingsville. Past Chairman of Corpus Christi Association of Realtors. Active member of the Kiwanis Club and the Re/Max Lifetime Hall of Fame. (6/8/11) —26— d. PARK AND RECREATION ADVISORY COMMITTEE — Six (6) vacancies with terms to 8- 23-13. DUTIES: To provide advice on City parks and buildings therein, public outdoor recreation areas and centers and other grounds under its purview by the City Manager. COMPOSITION: Eleven (11) members appointed by the City Council, who are residents of the City and serve without compensation for a two-year term beginning August 23, or until their successor is appointed. The Board elects its Chairman. ORIGINAL MEMBERS TERM APPTD. DATE **Art Norman 8-23-11 11-10-09 Rene Richard Gutierrez, Chair 8-23-12 10-17-06 Huxley Smith 8-23-12 5-26-09 Ron Woods 8-23-12 6-17-08 *Lisa Ann Torres, Vice Chair 8-23-11 6-17-08 Dorian E. Ramirez 8-23-12 4-27-10 *Rita Sonia Herrera-Padron 8-23-11 5-26-09 *Dr. Jinsun Kim 8-23-11 3-11-08 *Sylvia Samaniego 8-23-11 12-18-07 Rick Barrera 8-23-12 10-12-10 *Carlos Haney 8-23-11 2-24-09 Legend: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met term limitation (The Park and Recreation Advisory Committee is recommending the reappointments of Lisa Ann Torres, Rita Sonia Herrera-Padron, Dr. Jinsun Kim, Sylvia Samaniego, and Carlos Haney and the new appointment of Richard Avila) ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Lisa Ann Torres 9 6 (3 exc) 66% Rita Sonia Herrera-Padron 9 9 100% Dr. Jinsun Kim 9 8 (1 exc) 89% Sylvia Samaniego 9 9 100% Carlos Haney 9 9 100% —27— OTHER INDIVIDUALS EXPRESSING INTEREST Richard Avila Sarah Lathrop Baugh Captain Ron Behnke Stephanie Cloutet Vincent E. Doyle Margareta Fratila Olga Gonzales Retired. Part -Time Adjunct Professor Texas A&M University -Corpus Christi. Received BS and Masters Degree from Pan American University. Certified Athletic Administrator and Certified Masters Athletic Administrator. Activities include: Supervisor of Student Teachers at TAMU-CC; serves as UIL Region IV -3A Director; and Past Athletic Director of Corpus Christi Independent School District (4/11/11) Chief Operating Officer, Dash Truck and Equipment Sales, Inc. Activities include: Cowboy Church Committee for Buc Days, Calallen Baptist Church, Junior League and Republican Party. (2/25/11) Retired, Fishing Guide. Licensed United States Coast Guard Captain. Attended College. (4/12/11) Recent college graduate, housewife. Received BBA in Business Management at Baylor University. (7/26/11) Retired, Technical Engineer, Pipe and Maintenance Department. Received Associate Degree. (4/12/11) Owner, Margaret's Greenhouse and European Floral Design. Received Master of Science in Horticulture and Agriculture from Horticultural University of Bucharest, Romania, Master of Art Degree from Webster University at St. Louis, Missouri and Certification in Secondary Education from Corpus Christi State University. Activities include: Americans for Prosperity, Texas State Society of Washington, D.C., Society of American Florists, Republican Women's Club and Numerous Other Organizations. Recipient of Republican Senatorial Medal of Freedom, 2003. (6/29/11) Retired, Bilingual Research/Marketing Director. Attended college. National Certified AARP Advocate. Activities include: Nueces County Community Action Board, Greenwood AARP Chapter 4386, Nueces County Seniors, Inc., Greenwood Center Coffee Club, Westside Business Association and League of Women Voters. (4/25/11) —28— Anthony John Mulheron Quality Control Inspector, L3. Owner, AJM Tactical. Attends Liberty University Online. Activities include: Wounded Warrior. (5/02/11) Abel A. Sanchez Letter Carrier, U.S. Postal Service. Attended Del Mar College. Activities include: Volunteers at Veterans Center, Coastal Bend Council of Alcohol & Drugs, VA Outpatient Cline and Golf Marshal at Base. (4/12/11) Roger Vazquez Teaching Assistant, Texas A&M University -Corpus Christi. Received a Bachelor's in Psychology from University of Texas at Austin and Master's in Clinical Psychology from Texas A&M University -Corpus Christi. (5/18/11) Dan Wilkerson Personal Financial Representative, Allstate Financial Services, LLC. Activities include: Beautify Corpus Christi Association —Vice President. (4/14/11) —29— e. PORT OF CORPUS CHRISTI AUTHORITY — One (1) vacancy with term to 1-01-15. DUTIES: Those set in Article XVI, Section 59 of the Texas Constitution. COMPOSITION: Seven (7) members appointed as follows: three (3) City Council, three (3) Nueces County Commissioners Court and one (1) San Patricio County for staggered terms. Each person who is appointed or elected commissioner shall be a resident of the proposed navigation district and shall be an elector of the county. A person must have been a resident of Nueces County for at least six months to be eligible for appointment to the port commission. ORIGINAL MEMBERS TERM APPTD. DATE Robert Kostelnik (City) 1-01-13 12-08-09 **Francis I. Gandy, Jr. (City) 1-01-12 12-09-08 Richard M. Borchard (County), Vice -Chair 1-01-12 12-17-08 Robert J. Gonzalez, Sr. (County) 1-01-12 01-11-00 Mike Scott (County) 1-01-14 12-01-10 Mike Carrell (City), Chair 1-01-14 08-28-01 Judy Hawley (San Patricio) 1-01-14 01-01-04 Legend: * Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met term limitation INDIVIDUALS EXPRESSING INTEREST Jim Abram Shawn P. Bodine Stephanie Cloutet Margareta Fratila Self-employed, Air Traffic Control Consultant. Received B.S. in Aeronautics and M.S. in Aviation Management. (4/14/11) Project Manager, Flint Hills Resources. Received B.S. in Electrical Engineering from Texas A & M University — Kingsville and MBA from University of Utah. Activities include: Project Management Professional; Certified LEED Professional; Class A& B California Contractors License; and PE in Texas and other states. Former member of Texas Society of Professional Engineers; Project Managers Institute; Builders Association. (6/08/11) Recent college graduate, housewife. Received BBA in Business Management at Baylor University. (7/26/11) Owner, Margaret's Greenhouse and European Floral Design. Received Master of Science in Horticulture and Agriculture from Horticultural University of Bucharest, Romania, Master of Art Degree from Webster University at —30— Alfred (Al) Jones William M. Kramer, Jr. Anthony John Muiheron Elizabeth Chu Richter Curtis Rock Roger Vazquez St. Louis, Missouri and Certification in Secondary Education from Corpus Christi State University. Activities include: Americans for Prosperity, Texas State Society of Washington, D.C., Society of American Florists, Republican Women's Club and Numerous Other Organizations. Recipient of Republican Senatorial Medal of Freedom, 2003. (6/29/11) Chairman & CEO, American Bank. Majored in Finance at the University of Texas in Austin. Activities include: Texas A & M University — Corpus Christi Foundation; Christus Spohn Health Systems; Governor's Business Council; Independent Bankers Association. Received awards including: Outstanding Leadership Award — Leadership Corpus Christi; Henry B. Baldwin Leadership Award; and the Russell Kirkland Distinguished Visitor Award. (6/08/11) Agent, Kramer Insurance Agency. Received Bachelors in Political Science from Texas A&M University -Corpus Christi. Activities include: Cystic Fibrosis Walk and Diabetes Walk. (6/17/11) Quality Control Inspector, L3. Owner, AJM Tactical. Attends Liberty University Online. Activities include: Wounded Warrior. (5/02/11) CEO, Richter Architects. Activities include: Corpus Christi Regional Economic Development Corporation; Christus Spohn Health Systems; American Institute of Architects National Board Member; Texas Society of Architects; and Street Maintenance Finance Ad Hoc Committee. (4/29/11) Business Development Manager, Rock Engineering & Testing Laboratory. Received Bachelors of Business Administration from Texas A&M University — Corpus Christi. Activities include: Leadership Corpus Christi Chairman Class XL; TAMU-CC National Alumni Board Member; and Chairman of the Transportation Advisory Committee. Received the "Person of the Year" Award from Corpus Christi 40 Under 40. (8/12/11) Teaching Assistant, Texas A&M University -Corpus Christi. Received a Bachelor's in Psychology from University of Texas at Austin and Master's in Clinical Psychology from Texas A&M University -Corpus Christi. (5/18/11) -31- City of Corpus B Chnsti AGENDA MEMORANDUM for the City Council Meeting of October 11, 201 DATE: September 7, 2011 TO: Ronald L. Olson, City Manager FROM: D. Troy Riggs, Chief of Police pretci; • ,p Trovr(mcctexas.com J 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 -35- 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: o Not Applicable X Operating Expense o 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 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. Trisha Dang Assistant City Attorney For City Attorney —37— 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 —38— 4 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 j-41\4_9_6,-7..._ 361-826-3245 faryceg@cctexas.com CAPTION: Texas General Land Office's Coastal Management Program Grant Cycle 17. Approval to submit grants. 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. —41— City in-kind matches will corisist 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 —42— 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 —43— 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 NNonconstruction (Construction ❑ Land Acquisition County or Counties that the project is located in or affects CMP Funds Requested Local Match Contributed Third Party Contributed Total Project Cost $0.00 $0.00 $0.00 $0.00 Nueces ❑ Research Ranking 1 (Place project in order of priority if submitting more than one grant application.) Funding Category Under Which the Project Should Be Considered ❑ Coastal Natural Hazards Response ❑ Critical Areas Enhancement Permit Streamlining/Assistance and n Governmental Coordination Name of Applicant The City of Corpus Christi ❑ Waterfront Revitalization and Ecotourism Development M Shoreline Access n Water Quality Improvement Type of Applicant Incorporated city within coastal zone boundary Project Manager Elena J Buentello Telephone 361-826-8466 Physical Mailing Address City Corpus Christi First MI Title Planning Technician Last Fax Number 361-826-4215 1201 Leopard Street, City Hall, 2nd Floor, Planning #2164 Electronic Mail Address elenaj@cctexas.com State TX Zip 78401 Authorizing Official Juan Perales First MI • Last Physical Mailing Address 1201 Leopard Street, City Hall, 5th Floor City Corpus Christi Title Assistant City Manager State TX Zip 78401 Telephone 362-826-3245 Electronic Mail Address Johnnyp@,cctexas.com Fax Number 361-826-3815 —44— Project Description (10 points) 4000 Character Limit The project description should be concise and tow 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 time frame 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 apart from other ongoing research. The 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 Planning 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 1united 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 Beach. 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 CNRAs. 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, existing 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. 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 (See Attachments Figure 1). Surfside Park provided public access to Paradise Pier. The process of restoring Surfside Park can affirm historical connections and bring in both visitors and residents thereby strengthening the economy and being a center point for waterfront redevelopment. The project will include recommendations for placement of educational signage documenting the beach's vibrant history. - 4t - 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) The development of a master site plan to include ADA compliant public access, green park design guidelines, educational components, and native landscaping within this project meet the following CMP Goals and Policies: 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 protection of the CNRAs through educational signage for native landscaping and identification of the CNRAs and explain ongoing preservation and restoration efforts. (2) to ensure sound management of all coastal resources by allowing for compatible economic development and multiple human uses of the coastal zone; Green park design guidelines preserving the CNRAs will ensure sound management while simultaneously planning for public access to the beach for activities such as nature viewing, swimming, kayaking, and running. (4) to ensure and enhance planned public access to and enjoyment of the coastal zone in a manner that is compatible 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 process, 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 benefits from protecting, preserving, restoring, and enhancing CNRAs, the benefits from minimizing loss of human Life and property, and the benefits from public access to and enjoyment of the coastal zone Promote 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 CMP. Plan development will incorporate continuous public participation through public meetings and surveys using a 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 Coordination Act. (15 points) This project is associated with two types of CNRAs, 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 sites 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. Pkanned signage will also promote awareness of Corpus —47— Christi Bay's occasional high bacteria counts and subsequent state hstmg as impaired waters and prompt visitors to remove trash from the site. 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, .lease list the .Ian and ex am the relationshibetween the .ro'ect and the ' lan. 5 .oints 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» orpus Christi Beach Area Development Plan (ADP), an element of the Comprehensive Plan: Land Use and Economic Development: Policy Statement 2: Promote and develop a host 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: (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 this4l%ccrintion. (10 points) IThic nrniert fulfills the need fnr well-nlanned nnhhr arrecc by develnnina a master cite nlan 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. (5 points) Incorporation of community input in the development of the site plan through various community visioning processes are included in the development of elements within the site plan, specifically project guidelines, action plan and funding strategies (See Figure 2). Additionally, the use of educational signage to include interpretation of native landscaping and its importance to the CNRAs, identification of the CNRAs and historical connections will target the community. (See 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 ap.lication.) (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 * 8. 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 ongoing work. (5 points) The project will develop an action plan identifying and prioritizing tasks and more importantly identifying lead partners. Estimation of future operation and maintenance costs will be provided in the analysis phase of the project. In the funding strategy phase, funding options and applicability will be evaluated including but not Limited to grants, local match and third party contribution. 7 —49— 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 capable of administering this project? (5 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 $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. -56- 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. 0 Pre -Proposal ® Final Application Project Title Dolphin Park Master Site Plan Type of Project Z Nonconstruction ❑Construction ❑ Land Acquisition County or Counties that the project is located in or affects CMP Funds Requested Local Match Contributed Third Party Contributed Total Project Cost $0.00 '$0.00 $0.00 $0.00 Nueces ❑ Research Ranking 2 (Place project in order of priority if submitting more than one grant application.) Funding Category Under Which the Project Should Be Considered ❑ Coastal Natural Hazards Response ❑ Critical Areas Enhancement Permit Streamlining/Assistance and n Governmental Coordination ❑ Waterfront Revitalization and Ecotourism Development Shoreline Access ❑ Water Quality Improvement Name of Applicant City of Corpus Christi, Comprehensive Planning Type of Applicant Incorporated city within coastal zone 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, 2nd Floor, Planning #2164 City Corpus Christi Electronic Mail Address elenaj@cctexas.com state TX Zip 78401 Authorizing Oficial Juan Perales FirstI,fI Last Physical Mailing Address 1201 Leopard Street, City Hall, 5th Floor City Corpus Christi Title Assistant City Manager Telephone 362-826-3245 Electronic Mail Address iohnnyp@cctexas.com Fax Number State TX Zip 78401 361-826-3815 2 -51- 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 time frame 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 apart from other ongoing research. The City of Corpus Christi is seeking support to develop a master site plan for Dolphin Park, which provides public access to the north end of 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 development 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 Dolphin Park Master Site Plan will be made available through an interactive web link under the City's Planning Department web nage that will include a conceptual rendering of the site. The Dolphin Park Master Site Plan is projected to be completed in 6-12 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 prince redevelopment targets, especially those well connected to tourist sites; such as Corpus Christi Beach. 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. Dolphin Park's northern waterfront location and adjacency to coastal wetlands 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 CNRAs. 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, existing 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 generation of the green park design guidelines and addressing parking issues will further serve to protect and preserve wetlands in the adjacent North Beach Park. The project will develop guidelines for placement of at least three educational signs that will (1) interpret native landscaping that will be placed in Dolphin Park (2) identify CNRAs and (3) prompt visitors to remove trash from the park and adjacent beach area. 2— 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) The development of a master site plan to include ADA compliant public access, green park design guidelines, educational components, native landscaping and preservation of adjacent wetlands within this project meet the following CMP Goals and Policies: 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 protection of the CNRAs through educational signage for native landscaping and identification of the CNRAs and explain ongoing preservation and restoration efforts including adjacent wetlands. (2) to ensure sound management of all coastal resources by allowing for compatible economic development and multiple human uses of the coastal zone; Green park design guidelines preserving the CNRAs will ensure sound management while simultaneously planning for public access to the beach for activities such as nature viewing, swimming, kayaking, and ru: ning. (4) to ensure and enhance planned public access to and enjoyment of the coastal zone in a manner that is compatible 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 process, 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 benefits from protecting, preserving, restoring, and enhancing CNRAs, the benefits from minimizing loss of human life and property, and the benefits from public access to and enjoyment of the coastal zone Promote 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 CMP. Plan development will incorporate continuous public participation through public meetings and surveys using a 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 Coastai Coordination Act. (15 points) 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. Additionally use of landscaping will both promote water conservation and help ongoing wetland restoration with the hay system. Planned signage will also promote awareness of Corpus Christi Bay's occasional high bacteria counts and subsequent state listing as impaired waters and prompt visitors to remove trash from the site. —53- 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, .lease list the •lan and exlain the relationshibetween the .ro'ect and the lan. 5 .oints 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 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 hay 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»> 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 host 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 reconmiepdations 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 will 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 master site plan 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. 5. Explain how a proactive public education and/or outreach component has been incorporated into the project. (5 points) Incorporation of community input in the development of the site plan through various community visioning processes are included in the development of elements within the site plan, specifically project guidelines, action pian and funding strategies (See Figure 2). Additionally, the use of educational signage to include interpretation of native landscaping and its importance to the CNRAs, identification of the CNRAs and historical connections will target the community. -84- 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 a. .lication.) (5 • flints 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 8. 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 ongoing work. (5 points) 9. The project will develop an action plan identifying and prioritizing tasks and more importantly identifying lead partners, Estimation of future operation and maintenance costs will be provided in the analysis phase of the project. In the funding strategy phase, funding options and applicability will be evaluated including but not limited to grants, local match and third party contribution. 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 roject? (5 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 $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 lvfanagentent 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. -65- Surfside Park Corpus Christi, TX Project: Surfside Park Master Site Plan CMP Cycle 17 lot m Surtside Parc 0.20•I I Source; Department of Deveiopmert So -vas Iaomlon Mp -56- Dolphin Park Corpus Christi, TX Project: Dolphin Park Master Site Plan CMP Grant Cycle 17 Dolphin Park O40-11 Source: Department of Development Savkes Lowtfen Map -57- Coastal Bend Bays & Estuaries Program, Inc. E 1305 N. Shoreline, Ste 205, Corpus Christi, Texas 78401-1500. 361.885.6202. 361-883-7801 (fax) a September 8, 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 Dclp":- Park Master Site Plan projects. Each of these projects are located ori 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 externa! funding for projects designed to ensure and enhance shoreline beach access. Sincerely, air Ray Ray Allen Executive Director Visit our website — :w ww cbbep.org -58- September 9, 2011 Ms, Melissa Porter CMP Grant Manager Texat General Land Office P.O. Box 12873 Atistin, TX 78711-2873 Re: Stwfsirla Park Master Site Plan Dolphin Park Master Site Plan Dear Ms. Potter: It is my pleastue to write a Lotter in support of the :grant applications for the StiefsidePark Master Site Plan and the. Dolphin Park Master She Plan project$. Fah atheSe. projects are located on Corpus Christi Beach and are being submitted by the Comprehensive Planning Department Of the City Of Cotpus, Christi, to the CMP Grants Program, overseen by the Coastal Coordination Coupeil and achtiiitistered by the Texas General tend Office.Projet ranking is es fellows: 1. Surfside part Mager Shp Piga 2. Dolphin Park Mester Site ?km The National Oceanic. and Atmospheric Association in coordination with the QS Department of Commerce have developed a report inoorgorgrikg smart growth olontohts for coastal communities. The proilesed projects are consistent with the following elethents: • FUMENT 5: Foster distinctive, attractive communities with a strong sense of place that capitalizes on the waterfrosics heritage • ELEMENT:6: Preserve open space, fitt004, natural So% and the entioal eiWitntutterititi areas that characterize and support and waterfront communities • $Latagt Strengthen and direct development toward existing communities and encourage waterfront reviMilation. • E.ESIONT. Make development decisions predictahle, Wei and cost-effective through consistent pope* and coordinated permdting processes • ELEMENT 10: fincotint$0 community and stakeholder c011iberatirat in development decisions, ensuring that public interests in and rights .of access to the waterfront and coastal waters:are upheld The Corps ChriatcommtmitY has an opportunity to .rectairt1 our relationship With corpus Christi boob, Both Pto_i0t0 plan :for ghosIttio hooa, physically 0004.00 the park open space to the waterfront,We have a unique.opportunity to plan for shoreline access to the haill'eavirentnent whik.'0400g1Pr0±0400 of th coastal natural reSettree areas(01411...AS).. With 000.0.004y 4041t4kohOhlor 0401,01h40,the§e.tirOjebts will also plan the frarneWork for waterfront revitalization and eccdourism opportunities. In conclusion, I fidly support the *its of the Comprehensive Planning DePartment as they seek external funding for projects designed to ensure and ehhance shoreline heath acce§s. Vibrant waterfronts are staples of healthy —59— 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 Pian 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 'rne 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 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 fiuly support the efforts of the Comprehensive Planning Department as they seek external riding 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 Christi Beach Association JoAnn Gilbertson Secretary —60— 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 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 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 —61— City of Corpus Christi PANS a PENMEN 118111ITMENT P9 neix 0217 corpustivisti Tppl.178469a77 Pho40.41.1274.340 FOOgr.Pg0.4 www.cetexas.com linmt4ppftyldoiosoill Live. Learn: Playi August 29, 2011 General Land =cc Coastal Management Program To Whom It May Concern, The City of Corpus Christi Comprehensive Meaning Division is applying for a Cycle #17 Coastal Management Program Grant to assist with the development of a master site plan for Surfside Park. Beyond our own grant submittal for improvements to N0.: 1gtGx Park, the. Corpus Christi Parks and Recreation Department also supporta the Comprehensive Planning Division's applioatiori‘fef assiatatiee. The Corpus Christi Beach area is a component of the Departittent's Mager Phut fbi deVelopment and iinprovernent. If yen have any cinnations Or need any flitter infermadon, please Contact our department at (360$2&3461. ReSpecthilly, Michael Morris Direbtor —62— 11 Hetneetenta. Atsr!Sclerk Ind. W. Melissa Potter CMP Grant Manager Texas General Land Office P.O. Box 128M Austin, DC 78711-2873 Re: Surfs* Park Master Site Plan Dolphin Park Master Site Plan Dear Ms. Porter: The Flarb9tS llogisovoriots s..s5041,0f!i0c. FA BOX 565 PorrlaneX 78374. Augst 3, 2011 I a* vgitin$tiiislettai hastippott ofthe grant apPlicatiOile for the Stiffs* reds:Water Site vitas the Dolphin Park master skeins projects, .404 ottese prows are located on Corpus :Christi Beach aral are being stibMitted by the COMprobelialteanning Department Of the City &mons Chrisd, to the CMP progroni,{:werson by the tdatiol Coordinatien Council and administered by the Teas Derietel Ladd .0£fice.Tfrejeet ganking is eatellOWSt 1, Surfaitie Pa* Master Site.Pleit :Dolphin Park Master Site Plan The Corpus arid community has an opportunity to reolaita our relationship with ?raps 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 tatheimilt environment Whik ensuring protection of the coastal natural resource areaa:(pNRAS), With community and stakehOlder collaboration, these pmjeets wiII also plant* framework for waterfront revitalization anilccotetnit oppertunitiess The Hens liomeovvbers Association is the largest association of skgle family homes on Conics Ciuiati Beach and strongly supports ftrevitalization of Corpus Christi Beach will make Corpus Christi Beach, making it a more livable place for both pennant& residents and the 1,000s oftourist who ViSit each year. In conclusion, the Harbors Homeowners Association fully supports the efforts el the Comprehensive Pluming Depart/Pent as they seek external fielding for prejectsdesigned to ensure and enhance shoreline beach access, Vibrant waterfronts are §1:010§ Of healthy coastal communities and any project providing physical access to mg waterfront will be it benefit for our Comaiunity. SinceriT - off Skan, Se re Harbors liteneowners Association —63— 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 —64— 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: 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 —65— 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: City of Corpus Christi Armando Chapa Joe Adame City Secretary Mayor Approved: 15th day of September, 2011. R. JJa'y ming First A sistant City Attorney For City Attorney Dolphin Park grantres 09152011.docx —66— 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: City of Corpus Christi Armando Chapa Joe Adame City Secretary Mayor Approved: 15th day of September, 2011. R. J R ' ing Fi t As istant Ci Attorney For City Attorney Surfside Park grantres 09152011.docx —67— 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: City of Corpus Christi Armando Chapa Joe Adame City Secretary Mayor Approved: 15th day of September, 2011. R. J R ' ing Fi t As tstantCit Attorney For City Attorney Surfside Park grantres 09152011.docx —68— 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 -69- 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 $52,665.40. 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: City of Corpus Christi Armando Chapa Joe Adame City Secretary Mayor Approved: 15th day of September, 2011. R. J ning First A sistant City Attorney For City Attorney Dolphin Park grantres 09152011.docx —70— 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.docx -71- 2 DATE: TO: FROM: CAPTION: AGENDA MEMORANDUM for the City Council Meeting of October 11, 2011 9/14/2011 Ronald L. Olson, City Manager Eddie Ortega, Director of Neighborhood Services Eddieo@cctexas.com 361-826-3234 Acceptance of grant award, authorize execution of agreements, and appropriate funding for FY 2011 Consolidated Annual Action Plan (CAAP) which consists of Community Development Block Grant, Emergency Shelter Grant Program. and HOME Investment Partnerships Program 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 arid 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 January 21, 2011 Programs) January 31, 2011 Programs February 25, 2011 April 1, 2011 April 12, 2011 Release Pre Application form (CDBG, ESG and HOME) Deadline to submit the Pre -Application form (Mandatory for CDBG, ESG and HOME Release Full Application (Request for Proposal) for the CDBG, ESG and HOME Deadline to submit Full Application (Request for Proposal) Forward to City Council FY2011 CMP books 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 CARP funding grant agreements with HUD. Now that the FY2011 CAAP 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. —75— 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 ll, 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." DEPARTMENTAL CLEARANCES: Legal Finance — Federal Grants and Office of Management and Budget 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 $6,406,162 Contingent upon Congress approp. $6,406,162 BALANCE $6,406,162 Contingent upon 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. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Project List Resolution Ordinance —76— Approvals: Elizabeth Hundley, Assistant City Attomey Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager —77— CITY OF CORPUS CHRISTI FY2011 CONSOLIDATED ANNUAL ACTION PLAN FY2011 CDBG Allocation Reprogrammed Funds Program Income from Rehabilitation Program (Revolving Fund) TOTAL FUNDS AVAILABLE FOR FY2011 CDBG PROGRAM $3,054,750 $166,424 $700,000 $3,921,174 PROJECT & DESCRIPTION Project# ! City Council 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 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. 851209 $100,000 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 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 rate requirements. 851201 $401,374 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 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. 851206 $200,000 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 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). 851203 $325,000 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 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. 851216 $25,000 1 -78- PROJECT & DESCRIPTION - - - Project # '- Criy Coaneil 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 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. 851207 $200,000 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 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. 851208 $200,000 Ethel Eyerly 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 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 ton units Outside and Inside equipment. 3. The exterior entrance way to the building has a tile 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. 851210 $100,000 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 Form 1098; preparing end of year escrow analysis ; 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. 851204 $80,000 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 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 costs. 851202 $622,000 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 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. 851214 $10,000 —79— PROJECT & DESCRIPTION Project # ` City Council Adopt 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 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. 851227 $700,000 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 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. 851211 $31,024 Boys and Girls Club of Corpus Christi Complete the two parking lots at the North and South ends of the Sports Complex located at 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 851212 $44,244 Coastal Bend Alcohol & Drug Rehabilitation Center dlbla/ 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 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 ft 851213 $31,024 Coastal Bend Center for Independent Living The project shall provide barrier removal to include building wheelchair ramps and home modifications for individuals with disabilities 851215 $99,234 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 paint shelter at 630 Robinson Street This will benefit up to 30 homeless women and children daily. 851217 $46,934 Corpus Christi Metro Ministries The project entails re -roofing the buildings located at 1919 Leopard St, which provides programs for Rustic House, Gabbard Clinic and Vineyard Social & Employment services. Capital Contribution $2,500 851218 $24,234 Del Mar College/Business Resource Center Small business counseling & training assistance at the facility located at 3209 5. Staples; assistance with job creation/retention opportunities for Low to Moderate Income (LMI) & Section 3 persons/business, provide outreach/marketing efforts to better reach LMI'S. 851205 $169,234 Gonzalez Foundation, Inc. This project will provide funding for existing roof replacement at the Gonzalez Education and Recreation Center Bldg. located at 702 S. Brownlee Blvd. Corpus Christi, 78401. 851219 $92,234 Mental Health Mental Retardation Center of Nueces County Remove and replace the old damaged, leaking and energy inefficient windows at 1546 S. Brownlee (front and side windows of the building). 851220 $94,234 Mother Teresa Shelter, Inc. For the renovation of a public Transitional Housing that will provide housing for 24 individual men for a period of 18-24 months. In addition, the facility will provide critical supportive services needed for re-entry into the community. 851221 $74,234 Nueces County Community Action/WeatherizationlMinor Home Repair Twenty Seven (27) yery low income homes will be targeted for minor home repairs and weatherization making home more energy efficient 851222 $74,234 Sea City Work Camp Adult and youth groups rehabilitate homes for approximately 20 low income , disabled and /or elderly homeowners in Corpus Christi. 4 851223 $44,234 _80_ PROJECT & DESSCIZIPTION , " Project* ' City Council 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 4035 Greenwood Drive. Shaded bleachers with ADA area to protect from ultra violet rays or rain, also, includes improving the roof system. 851224 $44,234 Wesley Community Center Our current outdated air conditioning and heating systems are in dire need of upgrading to energy efficient units at their facility located at 4015 MacArthur. 851225 $44,234 Westside Business Association This project aims to increase security and safety measures at the Antonio E. Garcia Arts & Education Center located at 2021 Agnes. The proposal includes steps to improve lighting and the installation of security cameras and gates for parking entrances. It also includes a fence for the Garcia Park. 851226 $44,234 TOTAL CDBG PROGRAM - $3,921,174 4 -81- ADOPTED FY2011 EMERGENCY SHELTER GRANT (ESG) PROGRAM FY2011 ESG Allocation $148,436 PROJECT & DESCRIPTION= - role b. 11114‘Ic Adopte Catholic Charities of Corpus Christi Provision of Homeless Prevention including short term subsidies, security deposits or 1st month's rent, mediation programs, legal services and payments to prevent foreclosure on a home. 804130 $13,585 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). HMIS is a Mandated database for those agencies receiving ESG, Homeless Prevention & Rapid Rehousing Program and Continuum of Care Grant Program Funds. 804131$7A20 Coastal Bend Alcohol & Drug Rehabilitation Center d.b.a. Charlie's Place Provision of Essential Services including sentices concerned with employment, physical health and education for the homeless. Payment of maintenance and operations including rent, insurance, utilities and fumishings. 804132 $13,585 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 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. 804133 $13,585 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 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. 804134 $29,836 Mary McLeod Bethune Day Nursery, Inc. Provision of Essential Services including services concemed with employment, physical health and education for the homeless_ Payment of maintenance and operations including rent, insurance, utilities and fumishings. 804135 $13,585 Recovery Contacts, Inc. Provision of Essential Services including services concemed with employment, physical health and education for the homeless. Payment of maintenance and operations including rent, insurance, utilities and fumishings. 804136 $9,835 -82- P494001:etikSquiP -.'-- - ] .; ---:.--- :-f :-.;,:, ..--,;;;::.-.?:.- 1/4i,,.., Igsfig',R,W.'{-T;(1...-;;:k,'12:1•::!: nject# , v ii,•o,:-t.,:e.t;47,,kci4:.. Cit' '\ '-'-- 11:-,c. L * The Salvation Army Provision of Essential Services including services concerned with employment, physical health and education for the homeless. Payment of maintenance and operations including rent, insurance, utilities and fumishings. 804137 $19,835 Wesley Community Center Payment of maintenance and operations including rent, insurance, utilities and fumishings. 804138 $13,585 Women's Shelter of South Texas 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 1st month's rent, mediation programs, legal services and payments to prevent foreclosure an a home. Payment of maintenance and operations including rent, insurance, utilities and furnishings. 804139 $13,585 ESG PROGRAM TOTAL $148,436 2 -83- ADOPTED FY2011 HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM FY2011 HOME Allocation Reprogrammed Funds TOTAL FUNDS AVAILABLE FOR FY2011 HOME PROGRAM $1,566,552 $770,000 $2,336,552 PROJECT.& DESCRIPTION',,:?::: :', Cityc4 ! CCCIC/CCHFC* Homebuyer Assistance Program ($5,000) Provide deferred forgivable loans to low income homebuyers to assist them with down payment and closing costs for the purchase of a home. $100,000 Home AdministrationlTechnical Assistance Administrative funds for staffing, planning, oversight, coordination, staff supervision, monitoring and evaluation, contracting, recordkeeping/reporting and overall program management. Technical assistance will be provided to enhance the capacity of CHDO's, non- profits, owners/investors of rental property and other organizations that may participate in the program. May include administrative funds for direct operating support for the CHDO's. $156,655 Major Rehabilitation Provide loans to low income homeowners to assist them with major rehabilitation of their homes $764,897 Wesley Community Center Plans to renovate the former convent area of the facility as permanent housing for homeless women with young children moving from transitional and emergency shelters. $150,000 Nueces County Community Action Agency(NCCAA)- HOME Revolving fund To structure a perpetuating source of working capital to develop affordable housing projects in the community. All projects will target households at 80% or below the AMI. Funds will be used for property acquisition, interim financing and/or resident lending. $300,000 The Palms at Leopard This project will be a new construction 120 unit multifamily development on +/- 8.23 acres. The development will be financed primarily through LIHTC funding, with private debt and HOME funds through the City of Corpus Christi. While the development will be open to families at 30%, 50%, and 6096 of AN it is anticipated that this development will replace North side Manor, which has become a substandard property for the residents of that development $865,000 HOME PROGRAM TOTAL $2,336,552 *Subrecipients/Other Entities/CHDO's are contracted thru the CCCIC or the CCHFC 1 -84- 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: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: September 14, 2011 Eliza • = h R. Hundley Assis . nt City Attorney for the City Attorney Joe Adame Mayor EHres297 Fed Grant Funding FY1112 20110914 v2 Page 1 of 2 -85- 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 FY1112 20110914 v2 —86— 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: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: September 14, 2011 ilA 041 er:`0 �r Elizabe t R. Hund ey Assist.' t City Attorney for the City Attorney Joe Adame Mayor EHord344 Fed Grant Funding FY1112 20110914 v2 Page 1 of 2 —87— Corpus Christi, Texas day of , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott EHord344 Fed Grant Funding FY1112 20110914 v2 Page 2 of 2 -88- 6 AGENDA MEMORANDUM for the City Council Meeting of October 11, 2011 DATE: 9/7/2011 TO: Ronald L. Olson, City Manager FROM: Michael Armstrong, Director of MIS MichaelAr@cctexas.com 361-826-3735 CAPTION: 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. 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 —91— 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 unfits): 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 —92— 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 via Lisa guil , Assistant City Attorney for City Attorney InterlocalRESOLUTION RTA September 2011 -93- 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 —94— 1 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 Govemment 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 —95— 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-Fi 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. i. 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 thatrequire 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. H:\MIS-DIR\ConnieB\Budget-FY1011\Agenda Items \2011-08-23 RTA ILA\2011-08-23 City RTA IT Interlocal.DOCX —96— 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. i. 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 InterlocaLDOCX —97— 4 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 -98- 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:\MIS-DIR\ConnieB\Budget-FY1011\Agenda Items\2011-08-23 RTA ILA\2011-08-23 City RTA IT Interlocal.DOCX -99- 6 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 ILA\2011-08-23 City RTA IT Interlocal.DOCX —100- 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: Scott Neeley Chief Executive Officer CITY OF CORPUS CHRISTI Date By: Ronald L. Olson City Manager Date: APPROVED AS TO LEGAL FORM By: LS -7 ,2-011 Lisa Aguil Date Assistant City Attorney H:\MIS-DIR\ConnieB\Budget-FY1011\Agenda Items\2011-08-23 RTA ILA\2011-08-23 City RTA IT Interlocal.DOCX —101— 7 Coy us B Chnssti AGENDA MEMORANDUM for the City Council Meeting of October 11, 2011 DATE: 08/24/2011 TO: Ronald L. Olson, City Manager FROM: Fred Segundo, Director of Aviation freds@cctexas.com 361-289-0171 *1216 Assignment of Concession and Lease Agreement between Corpus Christi Developments 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 o Operating Expense o 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 0 0 0 BALANCE 0 0 0 0 FUND(S): —105— 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 —106— 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 City Secretary Appro vd:August 1$, 2011 By: «4'3—+ Lisa Aguilar, As'is ant City Attorney for the City Attomey Joe Adame Mayor J:ILISA12011 Ordinance\Airport Ground Lease Assignment and ,A Assumption Anreementdoc Page 2 of 2 Corpus Christi, Texas Day of , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott J:\LISA\2011 Ordinance\Airport Ground Lease Assignment acutettantinn 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 DELVERS 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. -109- 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 attomeys' 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 EXHIBIT 13 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 EXHIBIT 13; (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 of Nueces 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%208-17-11 b[1] 2 Corpus Christi, Texas —110— 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. STATE OF COUNTY OF ASSIGNOR: CORPUS CHRISTI DEVELOPMENT 1, L.L.C., a Missouri limited liability company d/b/a Corpus Christi FXG, L.L.C. By: Name: Title: 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 Name: My commission expires: (Signatures continued on next page) Assignment%20and%20Assumption%20RHF%208-17-llb[1] 3 Carpus Christi, Texas —111— STATE OF COUNTY OF § § § 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: 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 Name: My commission expires: Assignment%20and%20Assumption%2ORHF%208-17-11 b[ 1] 4 Corpus Christi, Texas --14 -Fa-- EDIT A LEGAL DESCRIPTION LNV Inc. ENGINEERS & CONSULTANTS 801 Navyetleq Salts 300 Corpus Christi, Tania 78408 Phone: (351) 883-1984 Pax: (361) 863-1986 Field note description for an 8.18 acre tract of land out of Block 23, L C. Russell Fam Blocks, a sub- division of Nueces County, Texas, recorded in Volume 3, Page 53, Map Records, Nueces County, Texas Map Records, said 8.18 ave tract of land being more particularly described by mates and bounds as follows: Beginning at a 5/8 inch iron rod set in the Northeast right of way line of Pinson Drive, for the most Westerly and beginning corner of the tract heroin described, from whence the intersection of the Northeast right of way line of said Pinson Drive and the Southwest right of way line of State Highway 44, bears North 37°-07'-37" West, a distance of 703.39 feet; Thence North 45°-18'45" East, within said Block 23,1. C. Russell Farm Blocks, at approximately 380 feet, pass the center of a pipeline running East -West, aa per survey done by Maverick Engineering, Inc., dated September 25, 2006, in all, a distance of 517.77 feet to a 5/8 inch iron rod set for the Northwest comer of the tract herein described; Thence South 89°-59'-43" East, a distance of 159.83 feet to a 5/8 inch iron rod set for a corner of the tract herein described; Thence South 44°-41'-45" East, 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 fora comer of the tract herein described; Thence South 18°39'-58" East, mill within said Block 23.1. C. Russell Fannn Blocks, a distance of 163.72 feet to a 5/8 inch hon rod found in the adopted north right of way line of Business Centre Boulevard, for the most Easterly 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 Cernre Boulevard, and with the arc of a circular curve to the left, whose Central Angle is 43°-01'-52", whose Radius is 330.00 feet, Chord Bearing N 67°-07'-49" E, an Arc Distance of 247.84 feet tot a 5/8 inch iron rod found for the P.T. of said curve and for a corner of the tract herein described; Thence South 45°-36'-53" Wert, with the adopted Northwest right of way line of said Business Centre Boulevard, a distance of 319.92 feet to a 5/8 inch iron rod found for the Point of Cure of a circular curve in the Northeast right ef way line of said Pinson Drive and for a corner of the point herein described; PAGE 1 Assignment%20and%20Assumption%20RHF%208-17-11 h[1 ] -113- Thence in a Westerly and Northwesterly direction, with the arc of said circular curve, whose Central Angle is 89°-41'-22" whose Radius is 15.00 feet, a Chord Bearing N 89°-32'-26" W, an Arc Distance of 23.48 feet to a 5I8 inch iron rod found for the Point of Tangency of said curve and fora comer of the tract herein described; Thence North 44°41'-45" West, with the Northeast right of way line of said Pinson Drive, a distance of 546.32 fat to the Point of Beginning. Containing more or less 8.18 acres of land. Basis for Bearings Texas State Plane, Zone 4205, Texas South Zone (NAD -83). State of Texas County of Nunes I, Borscht 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 gromd under my direction, and that this description conforms to the current Texas Surveyor's Association Standards and Specifications for a Category 1-A, Land Title Survey. This the a- ay ofifW.9 2010. G.FTr.,p " Horatio Oliveira State ofiexas License No. 1415 PAGE 2 6 -114- EDIT "B" [Omitted for Recordation] 7 —115— 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 sununary of the basic terms and conditions of the Lease: a. The Lease is for a base 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 8 — 11 6— 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. 'MISCELLANEOUS 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 9 -117- 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: Name: Title: 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 —118— 8 City of Corpus Chnsti AGENDA MEMORANDUM for the City Council Meeting of October 11, 2011 1 DATE: September 22, 2011 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director M ichaelMo(a)cctexas. com 361-826-3464 Donation of mural by K Space Contemporary mural proposed for Starr St. balustrade 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 o Operating Expense o 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 —121— 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 —1 2 2— 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 Directors 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:mlchellesmythe:Documents:Mlcrosoft User Dafa:Saved Attachments:KSpace MOU for mural Starr SN2.doc —123— 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), property 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 AttachmegtsNnace MOU for mural Starr Stv2.doc 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 Artistfor 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 M A30S* 2011. CITY OF CORPUS CHRISTI Ronald L. Olson City Manager AP ROVED AS TO LEGAL FORM , (1 2011 ��� Lisa Aguila , sststant City Attorney for City Attorney K Space Contemporary By: y-Q\l ck �rn'Vc bi R OIe-I Printed Title Date: 846-11 Macintosh HD:Users:michellesmythe:Documents:Microsoft User Data:Saved Attachments:KSpace font l for mural Starr Stv2.doc —125— Page 5 of 7 EXHIBIT A ARTWORK Proposed Mural at Starr Street Balustrade K:\ParkRec\SHAREDWGENDA ITEMS\Councll Meetings \2011\9 Sept 20\KSpace MOy\mace MOU for mural Starr Stv2.tloc Page 6 of 7 EXHIBIT B INSURANCE REQUIREMENTS 1. 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 endorsements Bodily Injury and Property Damage Per Occurrence / Aggregate Commercial General Liability including: 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 $500,000 Combined Single Limit Property Insurance KSpace will be responsible for any and all damage to any equipment used; regardless if owned, borrowed, rented or leased. Workers Compensation Employers Liability Applicable when paid employees on site: MUST COMPLY WITH THE TEXAS WORKERS' COMPENSATION ACT AND SECTION II OF THIS EXHIBIT $500,000 / $500,000/$500,000 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:KSaace MOU for mural Starr Stv2.doc -127- 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. I. 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 Attachme1tsIGCharp MOU for mural Starr Stv2.doc 9 AGENDA MEMORANDUM for the City Council Meeting of October 11, 2011 DATE: August 31, 2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director of Engineering Services petean@cctexas.com (361) 826-3781 CAPTION: Approval of Street Closure: Dia De Los Muertos Festival 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, 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, 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, 11:00 AM, Friday, October 28, 2011 and ending at 1:00 AM, Saturday, October 29, 2011. beginning at beginning at beginning at 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 1. IN General; Division 2 - Temporary Closure of Streets —1 3 1-- --1 EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Not Applicable FINANCIAL IMPACT: x Not Applicable o 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 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 —132— City of Corpus Chnsti City of Corpus Christi Department of Engineering Services Traffic Engineering Corpaschrtslt '1111' APPLICATION FOR TEMPORARY CLOSURE g-aSTREET(S)mriowlnSwn.Ma.te1ne4t1- Sfn� S TAitOf K �Pl� cbrl7�`Yri6'a�4R-i 1. Name of Organization Sponsoring Event: Address: 4-15 D Si pap_ . City: Corpus �hr+ s-� State:-15CZip: 78 `t ©/ Phone #: 30l - Sc87- lR S1'34 Fax #: 34 /- ego -goes Email: 11 - k p te-c one ITT ora ryj" .�o rr�' 2. Name of Proposed Event:1)1a. de. lOS WOAD r ts-Hv I 3. Date of Planned Event: CCTV 6G1 . 026 ,r 20l{ 1 4. Key Contact Individual Aida I S't11v'Yk2 Phone #: 'KV 1- (f ?3 Lj 5. Street(s) Requested for Closure, Dates and Times of Day: - DESCRIBE s1-kIti2 5t 4 -nm (`h&wzr al -It gig, Li ,� ,. �r�art M.650/d fE' �t -Ern V' Tnyi.cJ r. qi 481‘. Ina FRw DATA: ©CTotTF2!DIN JOI I 0 11-00 API peer." TrN18S: C_i.oSE MOM 1.1 am -En\ ( vNET: 4pm4amidfltj� 6. Purpose of Event and Detailed Description of Activities Planned: Pup•o : - a • at. . SPee Mara,' IZ :�'' l C To 1)DtJIJ-rnAIN 4 S-rMJQ s -r. Nes. ca. e6giori 'Duh vE use, IVIue'foS kali-rugs: 0 CgAFIC -rxPa 3 WI EX rfin+v ini;52 STArc Wall- tag- vl tvcsv c - AN b TM( r• pP FOIC 1/nn AN LO.CIM C) LuLAWQ T6 A MaizPvC COrnmiAlti-y aI-f_r- 7. List foods and beverages to be served: RC at : ' a = WU'i& .sod;- D pD : Turn<EV LEGS i A. ' t Roe-rb cog Al, FfAi3nPI -/ _Pc Page 1 of 8 -133- 8. Se ices Request - d by the City: _ a • • �QIC' 4."a[e5airIaI _ . t a it 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; L 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 —134— 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. —At Ev-: airman/OSignature i1 lir 14 tit Sp. sor ` Organization � Ia Date Submitt t 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 —135— INDEMNITY AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES KNOW ALL MEN BY THESE PRESENTS 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 fumished to the Traffic Engineering Division prior to the proposed blockage under this permit. Witness my (our) hand(s) this J-5 date of ILLS 20 i I 1 plicant Signature Company ame Page 4 of 8 —136— II. 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 fumish 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 required on all certificates Per occurrence aggregate COMMERCIAL GENERAL LIABILITY including: $1,000,000 COMBINED SINGLE LIMIT 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 fumish the Risk Manager with copies of all reports of such accidents within 10 days of any accident. 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. 2006 Street Closure Permit ins. req. 5-8-08 ep Risk MgmL Risk Management Representative Approved Insurance Date Page 5 of 8 —137— 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 famished 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) Neiahborhood 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)lone hundred thousand dollars ($100,000.00) Page 6of8 —138— 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 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 fumish 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 —139— 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. htto://wvvw.municode.com/resources/qateway.asp?pid=13945&sid=43 Chapter 49 Streets and Sidewalks* Division 2, Temporary Closer of Streets Sec. 49-15 through Sec. 49-19 Page 8 of 8 -140- a i L._ L Restroom5 ▪ Men ■ Women Bevera Mucks ■ Vendor Booths 2.Atbek::!_y? Anaqua' Kids Tent TAM CC Tcnt & lion Pour Food & Beverage BAR Gignac Voltmtccr Arca & Staging Craw daddies Axis Tattoo House of Rock Thlrst; & McAlister's BAR 2 KSpace Contemporary Dia De Los Muertos 2011 SCALE: N.T.S. BUFFALO ST. TEMPORARY STREET CLOSURE ANTELOPE ST. TAYLOR ST. STARR ST. PEOPLES ST. LEOPARD ST. -STREET CLOSURE ieLit MEV - SITE PLAN - EXHIBIT - DIA DE LOS MUERTOS FESTI; 42_ Traffic Engineering Div. Engineering Services Dept. 10 15{ Reading - 9/27 2nd Reading -10/11 AGENDA MEMORANDUM for the City Council Meeting of September 27, 2011 DATE: September 2, 2011 TO: Ronald L. Olson, City Manager FROM: Herb Canalg Director of Libraries herbc@cctexas.com 826-7070 Appropriation of funds for Neyland Public Library PURPOSE: 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. —145— FINANCIAL IMPACT: o Not Applicable ❑ Operating Expense o 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 $2,940.78 0 $2,940.78 BALANCE 0 0 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 1 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 —146— 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. —147— That the foregoing ordinance was read for the first time and passed to its second reading on this the r).� day ofSe}en-i fi-2011, by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. J�— Nelda Martinez y_ Kevin Kieschnick 3-2�_ Mark Scott Priscilla Leal ../'-_ David Loeb v John Marez e_ Thatthe foregoing ordinance was read for the second time and passed finally on this the day of , 2011, 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 Seri-eiaeaz , 2011 L Brian z Assistant City Attorney For City Attorney -148- 11 1St Reading - 9/27 2nd Reading -10/11 AGENDA MEMORANDUM for the City Council Meeting of 09/27/11 DATE: September 14, 2011 TO: Ronald L. Olson, City Manager FROM: Joan McKaughan, Interim Director of Human Resourc joanm@cctexas.com 826-3306 CAPTION: REVISION OF RANGE MIDPOINTS AND MXIMUMS IN PAY PLAN 400 EXECUTIVE 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: —151— 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 o Operating Expense o Revenue o 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 —152— 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 2.5% Effective 11/21/2003 Grade Minimum Midpoint Maximum 410 $26,254 $347096 $37,242 $41,938 $48,229 411 33,586 16,565 51,031 59,511 6/1476 412 36,609 5507756 55,624 64,903 74 638 413 40,107 65,604 60,936 71,100 81 765 414 44,337 61,160 67,364 78,601 90,391 415 49,236 68,261 74,808 87,287 100 380 416 55,171 76,187 83,822 07,803 112473 417 62,092 86,086 94,342 110,079 126 591 418 69,445 86,279 105,513 123,113 141 580 419 70,197 97,320 106,648 121,133 143 098 420 78,476 108,797 119,231 139,11& 159,986 421 79,357 110,020 120,571 110,683 161 785 422 87,963 00,021 107,277 110,078 126,591 423 89,712 1247378 136,306 159,013 182,899 424 100,671 112,557 121,890 121,113 143 ,109 430 City Manager No Range This - - - - and a 2.5% pay increa - - - 11/21/2008 provides an increase in the range maximum of 15.0%, including adjustment of the midpoints effective October 17, 2011. -153- 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% Effective 11/21/2008 Grade Minimum Midpoint Maximum 410 $26,254 $34496 $37,242 $44438 $48,229 411 33,586 46,565 51,031 59,511 68,476 412 36,609 50,756 55,624 61,903 74,638 413 40,107 55,604 60.936 X180 81,765 414 44,337 61,160 67,364 78,601 90,391 415 49,236 68,261 74,808 87,287 100,380 416 55,171 76,187 83,822 97,803 112.473 417 62,092 86,086 94,342 110,070 126,591 418 69,445 96,270 105.513 123,113 141,580 419 70,197 97,320 106,648 121,433 143,098 420 78,476 108,797 119,231 139,118 159.986 421 79,357 110,020 120.571 110,683 161,785 422 87,963 00,021 107,277 110,070 126 591 423 89,712 121,378 136.306 159,043 182.899 424 100,671 112,557 121.890 121,113 143 109 430 City Manager No Range 11/21/2008 provides an increase in the range maximum of 15.0%, including adjustment of the midpoints, effective October 17, 2011. -154- 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. —155— Page 2 of 3 That the foregoin ordinance was read fpr the first time and passed to its second reading on this theSS day of r ep-fre-m� , 2011, by the following vote: David Loeb John E. Marez Nelda Martinez Mark Scott Joe Adame Chris N. Adler Larry Elizondo Kevin Kieschnick Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry Elizondo Nelda Martinez Kevin Kieschnick Mark Scott Priscilla G. Leal PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa City Secretary Joe Adame Mayor APPROVED as to form: 2►qk.?�^076/1 By: nnifer A. Knox -Walker Assistant City Attorney for the City Attorney -156- Page 3 of 3 12 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: -159- Types of Financings by Health Facilities Development Corp. Types of Financings by 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: 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: —160— 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. ALTERNATIVES: N/A 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 Fiscal Year: 2011-2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount -161- This item BALANCE Fund(s): Comments: N/A RECOMMENDATION: Conduct the annual meeting of the Coastal Bend Health Facilities Development Corporation and approve the amendment of the bylaws and articles of incorporation relating to the board of directors. LIST OF SUPPORTING DOCUMENTS: Agenda for Annual Meeting Minutes of September 15, 2010, Board Meeting Treasurer's Report Approvals: Oscar R. Martinez, Assistant City Manager —162— 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 1. Call meeting to order. 2. Secretary Armando Chapa calls roll. 3. 4. 5. 6. 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. Election of Officers: 7. Public comment. 8. Adjourn. President Vice President Secretary Assistant Secretary Treasurer Assistant Treasurer General Manager -163- MINUTES COASTAL BEND HEALTH 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. —164— 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. -165- 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 $ 3,719 3,719 3,719 3,719 Total liabilities and fund balance $ 3,719 —1 6 6— Coastal Bend Health Facilities Development Corporation Summary of Transactions For twelve months ended July 31, 2011 UNAUDITED Fund balance at August 1, 2010 $ 3,714 Revenues: Interest earned 5 Total revenues 5 Fund balance at July 31, 2011 $ 3,719 -167- 13 AGENDA MEMORANDUM for the City Council Meeting of October 11, 2011 DATE: 9/21/2011 TO: Ronald L. Olson, City Manager FROM: John D. Bell, General Counsel, jdbell@wbwpc.com, 888-9201 CAPTION: Board of Directors Meeting of the Coastal Bend Cultural Education Facilities Finance Corporation. 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 -171- 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. ALTERNATIVES: N/A 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: —172— 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 and approve the amendment of the bylaws relating to the board of directors. LIST OF SUPPORTING DOCUMENTS: Agenda for Annual Meeting Minutes for September 15, 2010, Board Meeting Treasurer's Report Approvals: Oscar R. Martinez, Assistant City Manager —173— AGENDA Annual Meeting COASTAL BEND CULTURAL 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 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 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 7. Public comment. 8. Adjourn. -174- i MINUTES COASTAL BEND CULTURAL EDUCATION FACILITIES FINANCE CORPORATION Organizational Meeting September 15, 2010 11:16 A.M. PRESENT Board of Directors Dan Winship Judy Telge Annie Jean Castro Curtis A. Rock Erika Escobedo-Benson Dr. Richard Davis Angel Escobar Cindy O'Brien Hall. Officers Cindy O'Brien, Treasurer Constance P. Sanchez, Asst. Treasurer Armando Chapa, Secretary Mary Juarez, Asst. Secretary Mr. Winship, Temporary Chair, called the meeting to order in the Council Chambers of City 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. —175— 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 $ —176— Coastal Bend Cultural Education Facilities Corporation Summary of Transactions For twelve months ended July 31, 2011 UNAUDITED Fund balance at August 1, 2010 $ Revenues: Interest earned Total revenues Fund balance at July 31, 2011 $ —177— 14 AGENDA MEMORANDUM for the City Council Meeting of October 11, 2011 DATE: 9/21/2011 TO: Ronald L. Olson, City Manager FROM: John D. Bell, General Counsel, jdbell@wbwpc.com, 888-9201 CAPTION: 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. —181— 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 —182— 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 —183— 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 , 2011 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED AS TO FORM: Joe Adame Mayor , 2011. Carlos Valdez City Attorney -184- 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 bemembersof 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 -185- 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 , 2011 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED AS TO FORM: , 2011. )11APteat Carlos Valdez City Attorney -186- 15 City of Corpus Christi AGENDA MEMORANDUM for the City Council Meeting of October 11, 2011 DATE: September 22, 2011 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director M ichaelMo(cacctexas. com 361-826-3464 Lease agreement with Corpus Christi Chamber of Commerce for the McCampbell House at Heritage Park PURPOSE: A. Ordinance authorizing the City Manager or designee to execute a lease with Corpus Christi Chamber of Commerce for the McCampbell House in Heritage Park for three year term with rent of $1,500 per month; and declaring an emergency. B. Ordinance appropriating $13,500 of anticipated rental income, from the lease of the McCampbell House in Heritage Park to the Corpus Christi Chamber of Commerce, in the No. 4710 Visitor's Facility Fund for the maintenance of Heritage Park facilities; changing the FY 2011-2012 Operating Budget adopted July 26, 2011 by Ordinance No. 029155, by increasing revenues and expenditures by $13,500 each; and declaring an emergency. BACKGROUND AND FINDINGS: The McCampbell House has been the offices for Parks and Recreation staff since 2005. Staff will be relocating to the Galvan and Mary Carroll houses. Heritage Park provides non-profit and civic organizations the opportunity to lease available historic houses. ALTERNATIVES: Allow McCampbell House to sit vacant. OTHER CONSIDERATIONS: none FINANCIAL IMPACT: Maintenance of the houses at Heritage Park is partially supported through the lease payments of the tenants. Revenues for existing leases were budgeted for FY2012. o Not Applicable o Operating Expense EI Revenue ❑ CIP Fiscal Year: 2010-2011 Project to date exp (CIP Only) Current Year Future Years TOTALS Budget Encumbered/Expended Amt. This item $13,500 $18,000 $31,500* Balance: *The revenue for the lease will budgeted for each future fiscal year included in the lease agreement. —189— Page 2 of 2 RECOMMENDATION: Staff recommends approval of lease agreement. CONFORMITY TO CITY POLICY: City Council must authorize the City Manager to execute a contract or agreement for lease of City property. EMERGENCY / NON -EMERGENCY: Emergency. DEPARTMENTAL CLEARANCES: Parks and Recreation LIST OF SUPPORTING DOCUMENTS: Attachment — Lease Agreement 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 -190- Ordinance authorizing the City Manager or designee to execute a lease with Corpus Christi Chamber of Commerce for the McCampbell House in Heritage Park for three year term with rent of $1,500 per month; and declaring an emergency. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager or designee is authorized to execute a lease with Corpus Christi Chamber of Commerce for the use of the McCampbell House in Heritage Park, in consideration of monthly rental payment of $1,500.00. The lease is on file with the City Secretary. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2011. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor Legal form approved September 21, 2011 By: iar ' j Lisa Aguilar, A istant City Attorney for City Attorney —191— Corpus Christi, Texas Day of , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott —192— Page 1 of 2 Ordinance appropriating $13,500 of anticipated rental income, from the lease of the McCampbell House in Heritage Park to the Corpus Christi Chamber of Commerce, in the No. 4710 Visitor's Facility Fund for the maintenance of Heritage Park facilities; changing the FY 2011- 2012 Operating Budget adopted July 26, 2011 by Ordinance No. 029155, by increasing revenues and expenditures by $13,500 each; and declaring an emergency. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That $13,500.00 of the anticipated rental income from the lease of the McCampbell House in Heritage Park to the Corpus Christi Chamber of Commerce is appropriated in the No. 4710 Visitor's Facility Fund for the maintenance of Heritage Park Facilities. Section 2. The FY 2011-2012 operating budget, adopted by Ordinance 029155, is changed to increase revenues and expenditures by $13,500.00 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 October, 2011. Attest: City of Corpus Christi Armando Chapa Joe Adame City Secretary Mayor Approved as to form October 4, 2011 ttorne failar City y y C:\Documents and Settings\jayr.CCPD1\My Documents\JayR\Park Rec\ORD•approp rev-expend-McCampbell House.doc —193— Page 2 of 2 Corpus Christi, Texas Day of , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott C:\Documents and Settings \jayr.CCPD1\My Documents\JayR\Park Rec\ORD-approp rev-expend-McCampbell House.doc —194— LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI CHAMBER OF COMMERCE STATE OF TEXAS COUNTY OF NUECES KNOW ALL BY THESE PRESENTS: 1 This lease agreement ("Lease") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), acting through its duly authorized City Manager, or his designee ("City Manager"), and the Corpus Christi Chamber of Commerce. WHEREAS, the City owns the McCampbell House located in Heritage Park at 1501 North Chaparral Street, Lot 2, Block 61, Beach Portion, Corpus Christi, Nueces County, Texas, together with all Improvements thereon; ("Premises"); WHEREAS, Lessee has requested the use of the Premises for the purpose of office space for its operations as the Corpus Christi Chamber of Commerce, upon the conditions and covenants contained in this Lease; and, WHEREAS, City desires to allow Lessee to use the Premises for this purpose. NOW, THEREFORE, City and Lessee, in consideration of the mutual promises and covenants contained herein, agree as follows: Section 1 Definitions. (A) City means the City of Corpus Christi, Nueces County, Texas, a home rule municipal corporation. (B) City Manager means the City's City Manager or the City Manager's designee. (C) Council means the City's City Council. (D) Director means the City's Director of Park and Recreation or the Director of Park and Recreation's designee. (E) Finance Director means the City's Director of Finance or the Director of Finance's designee. (F) Lease means this lease document, including all attached and incorporated exhibits. (G) Lessee means Corpus Christi Chamber of Commerce. (H) Parks means the City's Park and Recreation Department. —195— 2 (1) Premises means Lot 2, Block 61, Beach Portion, Corpus Christi, Nueces County, commonly known as the McCampbell House, located at 1501 North Chaparral Street, in the City. (J) Risk Manager means the City's Director of Risk Management or the Director of Risk Managements designee. Section 2. Purpose. The purpose of this Lease, between City and Lessee, is to enable Lessee to utilize Premises for office space for its business operations. Lessee shall not operate the Premises for any other purpose without Director's prior written approval. Section 3. Term. The City leases the Premises, subject to all terms and conditions of this Lease, to the Lessee on a three year term beginning , 2011, effective upon final City Council approval, unless sooner terminated as set out herein. Lessor agrees Lessee may, after occupying Premises for not more than six months, terminate this Lease and vacate the Premises if conditions at Premises are unsuitable for purposes of Lessee. Section 4. Acceptance of Premises Disclaimer: A. LESSEE ACKNOWLEDGES THAT IT IS LEASING THE PREMISES "AS IS" WITH ALL FAULTS AS MAY EXIST ON THE PREMISES, AND THAT NEITHER LESSOR, NOR ANY EMPLOYEE OR AGENT OF LESSOR, HAS MADE ANY REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION OF SUCH PREMISES. LESSEE HEREBY WAIVES ANY AND ALL CAUSES OF ACTION, CLAIMS, DEMANDS, AND DAMAGES BASED ON ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF SUITABILITY FOR A PARTICULAR PURPOSE, ANY AND ALL WARRANTIES OF HABITABILITY, AND ANY OTHER IMPLIED WARRANTIES NOT EXPRESSLY SET FORTH IN THIS LEASE. B. LESSEE ACKNOWLEDGES AND AGREES THAT LESSEE HAS BEEN PROVIDED, TO ITS SATISFACTION, THE OPPORTUNITY TO INSPECT THE PREMISES FOR ANY DEFECTS AS TO THE SUITABILITY OF SUCH PROPERTY FOR THE PURPOSE TO WHICH LESSEE INTENDS TO USE THE PREMISES, AND IS RELYING ON ITS OWN INSPECTION. C. LESSEE ACKNOWLEDGES THAT ANY AND ALL STRUCTURES AND IMPROVEMENTS EXISTING ON THE PREMISES ON THE COMMENCEMENT DATE, IF ANY, ARE ACCEPTED "AS IS" WITH ANY AND ALL LATENT AND PATENT DEFECTS AND THAT THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY LESSOR WITH RESPECT THERETO. LESSEE ACKNOWLEDGES THAT IT IS NOT RELYING UPON ANY REPRESENTATION, STATEMENT OR OTHER ASSERTION BY LESSOR WITH RESPECT TO ANY EXISTING STRUCTURES OR IMPROVEMENTS, BUT IS RELYING ON ITS EXAMINATION THEREOF. —196— 3 D. THE PROVISIONS OF THIS Section 4 SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE. Section 5. Contact Person/Lease Administrator. For this Lease, the City's contact person and lease administrator is the Director. Section 6. Lease Payments. (A) For and in consideration of the rights and privileges herein granted, Lessee agrees to pay the City, on a monthly basis, one thousand five hundred dollars per month. (B) All rental fees are due and payable on or before the 10th day of each month for the term of this Lease. Payment must be made to the order of the City of Corpus Christi and mailed to the City Collections Department, P. O. Box 9257, Corpus Christi, TX, 78469, or delivered to City Hall at 1201 Leopard Street, Corpus Christi, TX, 78401. Section 7. Quiet Enjoyment. Lessee shall have peaceful and uninterrupted possession of the Premises, subject to Lessee's payment of rent and Lessee's compliance with the terms of this Lease, except during City approved events at Heritage Park scheduled in accordance with Section 13(B) below, and maintenance at Heritage Park. Section 8. Parking. (A) Lessee is given, during the term of this Lease, the right to designate up to eight (8) parking spaces within the general parking area of Heritage Park. If Lessee chooses to designate the parking spaces, the Director shall determine and approve Lessee's method and manner of designation of the spaces. Lessee shall bear any and all expense associated with designation of the parking spaces. (B) Lessee's designated parking spaces are for use by customers of the Premises during Lessee's hours of operation only. At all other times when Lessee is not open under normal operating hours, any member of the public can utilize the designated parking spaces. (C) Lessee's designated parking spaces are for use by passenger vehicles only and must not be unreasonably utilized for purposes, such as loading and unloading of equipment or supplies, by Lessee or Lessee's vendors or suppliers. Section 9. Utilities. (A) It is understood by and between the parties that scheduled, regular garbage collection service is available to the Premises and that the provision of this —197— 4 service shall be the responsibility of Parks under the City's present Heritage Park maintenance program. (B) The cost to Lessee, for the provision of garbage collection service by the City, is included and made a part of Lessee's monthly lease payment. (C) Lessee shall deposit, or cause to be deposited, all garbage and debris generated at the Premises into the garbage dumpster provided by City at the Premises. Any garbage needs Lessee may determine are required at Premises, beyond regular service, or in addition to existing park dumpster capacity, shall be the responsibility of, and at the sole expense of, Lessee. Lessee may request that City Director obtain a larger container (6 cubic yard approximately) from City contractor for Lessee's use, with Lessee to pay City the monthly rate of the difference between a four (4) cubic yard container and a six (6) cubic yard container. (D) The Premises is wired for telephone service; however, Lessee shall contract separately with a telephone service provider of Lessee's choice for the provision of active telephone service, which service is to be incurred at Lessee's sole expense. (E) The Premises is wired for electrical service and has a separate electric meter. Lessee shall contract for electric service to the Premises. Lessee shall bear the cost of all electricity used at the Premises for the term of this Lease. Additionally, Lessee shall bear the cost for the use and maintenance of the existing security alarm system in the Premises for the term of this Lease. Lessee is responsible to contract for security alarm system monitoring at the Premises. (F) Water and sewage service is available at the Premises, and the cost to Lessee, for the provision of water and sewage service by the City, is included and made a part of Lessee's monthly lease payment. (G) Should Lessee require any modification to the provision of the enumerated utilities in this section or require any additional utility service not herein covered during the term of this Lease, Lessee shall submit a request, in writing, to the Director for consideration and possible amendment of this Lease. (H) Lessee shall pay for all utilities related to usage of Premises, excluding water and sewage service as herein provided for, prior to the due date. Failure to pay any utility bill(s) prior to the due date constitutes grounds for termination of this Lease. Section 10. Abandonment, Interruption of Utilities, Removal of Lessee's Property, and Lockout. —198— 5 Chapter 93 of the Texas Property Code governs the rights and obligations of the parties with regard to: (a) abandonment of the leased premises; (b) interruption of utilities; (c) removal of Lessee's personal property; and (d) lock out of Lessee. Section 11. Maintenance. (A) The City will maintain the exterior of the Premises and adjacent park grounds, including buildings and public parking lots in the vicinity of the Premises, subject to sufficient annual budget appropriations. The City shall be responsible for major repairs to the exterior of the Premises, subject to sufficient annual budget appropriations, unless damage occasioned to the exterior is or was caused by Lessee's negligence. It is further understood and agreed that the City shall maintain the utility lines serving the Premises, subject to sufficient annual budget appropriations. (B) The City will repair and maintain the heating and cooling systems at the Premises, subject to sufficient annual budget appropriations. (C) The City will repair and maintain the electrical wiring system at the Premises, subject to sufficient annual budget appropriations. (D) Lessee covenants and agrees to maintain the interior of the Premises during the term of this Lease, such maintenance to include, but not be limited to, interior painting (in a neutral color preapproved by the Director) and keeping in good repair the plumbing and light fixtures. (E) Lessee shall be responsible for cleaning the interior of the Premises and will supply paper goods and chemicals necessary for cleaning. (F) During Lessee's normal business hours, City may, upon reasonable notice, enter the Premises for any reasonable purpose, including but not limited to, repairs, maintenance, alterations and showing the premises to prospective tenants. City may access the Premises at any time for emergency repairs. (G) City maintenance to the Premises is subject to sufficient annual budget appropriations. Section 12. Furniture, Fixtures, and Equipment. (A) It is understood that Lessee will be responsible for furnishing and equipping the Premises and that the City has no obligation to furnish any equipment or furnishings for Lessee. (B) All capital construction to the premises, such as installation of plumbing fixtures remain the property of the City. —199— 6 Section 13. City Use and Special Events. (A) City retains the right to use or cross the Premises with utility lines and easements. City may exercise these rights without compensation to Lessee for damages to the Premises from installing, maintaining, repairing, or removing the utility lines and easements. City must use reasonable judgment in locating the utility lines and easements to minimize damage to the Premises. (B) Lessee acknowledges that Heritage Park premises are used for special events which may occasionally interfere with Lessee's access to the Leased Premises and parking space availability. Lessee shall not be entitled to any compensation, in whatever form, either tangible or intangible, for such non -Lessee use. Lessor agrees to provide Lessee with at least five (5) days notice of special events at Heritage Park. Section 14. Laws Affecting Operation of Premises and Performance. (A) Lessee shall ensure that purpose of its use of the Premises is in accordance with all applicable Federal, State, and local laws, ordinances, rules and regulations. (8) Lessee shall bear the expense and responsibility of meeting all requirements for acquiring all applicable licenses and permits related to its operations. Lessee shall also bear the expense of meeting and complying with all health regulations and Certificate of Occupancy requirements. Section 15. Inspection. Any officer or authorized employee of the City may enter upon the Premises, at all reasonable times and notice, to determine whether Lessee is providing maintenance in accordance with and as required by above, or for any other purpose incidental to City's retained rights of and in the Premises. Section 16. Relationship of Parties. This Lease establishes a landlord/tenant relationship, and none other, and this Lease must be construed conclusively in favor of that relationship. In performing this Lease, both City and Lessee will act in an individual capacity and not as agents, representatives, employees, employers, partners, joint venturers, or associates of one another. The employees or agents of either party shall not be, nor be construed to be, the employees or agents of the other party for any purpose whatsoever. Section 17. Insurance. (A) Lessee shall secure and maintain at Lessee's expense, during the term of this Lease, insurance of the type and with the amount of coverage shown on the Attachment, which is incorporated in this Lease by reference. —200— 7 (B) The Certificate of Insurance must be sent to the Risk Manager prior to occupancy of and operations at the Premises. Lessee agrees to notify Lessor of any substantive change to its insurance coverage. (C) Lessee shall provide, during the term of this Lease, copies of all insurance policies to the Risk Manager upon written request by the City Manager. The Risk Manager shall retain the right to annually review the amount and types of insurance maintained by Lessee, to require increased coverage limits, if reasonably necessary in the interest of public health, safety, or welfare, and to decrease coverage, if so warranted. (D) In the event of any necessary increase, Lessee shall receive ninety (90) days written notice prior to the effective date of the requirement to obtain increased coverage. In the event alcoholic beverages are to be served or consumed on any Premises covered by this Lease, the Lessee shall additionally obtain or cause to be obtained alcoholic beverage liability insurance in the amount of one million dollars ($1,000,000.00) covering the event or time period when alcoholic beverages are to be served or consumed. (E) Lessee shall, prior to any addition or alteration to, in, on, or about the Premises, obtain prior clearance, in writing, from the Risk Manager that the proposed addition or alteration will not necessitate a change or modification in the existing insurance coverage maintained by Lessee. This clearance is in addition to the prior consent required by Section 19(a), as contained herein. (F) The City carries the property and flood insurance on the building. Lessee is responsible for insuring its own contents. Section 18. Indemnity. In consideration of allowing Lessee to use the Premises, Lessee ("Indemnitor") covenants to fully indemnify, save and hold harmless the City, its officers, agents, representatives, and employees (collectively, "Indemnitees") from and against any and all liability, loss, damages, claims, demands, suits, and causes of action of any nature whatsoever asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers' compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part: (1) Lessee's performance pursuant to this Lease; (2) Lessee's use of the Premises and any and all activities associated therewith pursuant to this Lease; (3) the violation by Lessee, its officers, employees, agents, or representatives or by Indemnitees or any of them, of any law, rule, regulation, ordinance, or government order of any kind pertaining, directly or indirectly, to this Lease; (4) the exercise of rights under this Lease; or (5) an act or omission on the part of Lessee, its officers, employees, agents, or representatives or of Indemnitees, or any of them, pertaining to this Lease, regardless of whether the injury, damage, loss, violation, exercise of rights, act or omission is caused or is claimed to be caused by the contributing or concurrent negligence of Indemnitees, or any of them, but not if caused by the sole negligence of Indemnitees, or any of them, unmixed with the fault of any other person or entity and including all expenses of -201- S litigation, court costs, and attorneys' fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident Lessee covenants and agrees that, if City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with legal counsel satisfactory to City, and pay all charges of attorneys and all other costs and expenses of any kind whatsoever arising from any said liability, injury, damage, loss, demand, claim or action. Such indemnity provisions contained in this Section 18 herein apply to the extent insurance (as approved by City in Section 17) may apply for protection of the City and Lessee. Section 19. Alterations. (A) Lessee shall not make any alterations, additions, or improvements to, in, on, or about said Premises, without the prior written consent of the City Director of Parks and Recreation. Lessee must also obtain clearance from the Risk Manager as required above. (B) Lessee agrees not to harm the Premises beyond normal wear and tear. (C) All approved alterations, improvements, and additions made by the Lessee upon said Premises, which are permanent in nature, even if made at Lessee's own expense, shall, if not removed by Lessee at any termination or cancellation hereof, become the property of the City in fee simple without any other action or process of law. Lessee agrees to be contractually and financially responsible for repairing any and all damage caused by such removal. If items are installed in such a manner as to become fixtures, such fixtures shall not be removed by Lessee upon termination and shall become the property of the City. Section 20. Signs. (A) Lessee shall not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering ("Signs") at, on, or about the Premises, or any part thereof, without the Director's prior written approval. (8) City may require Lessee to remove, repaint, or repair any Signs allowed. If Lessee does not remove, repaint, or repair the Signs within ten (10) days of Director's written demand, City may do or cause the work to be done, and Lessee will pay City's costs within thirty (30) days of receipt of Director's invoice. If payment is not timely made, the City may terminate this Lease upon ten (10) -202- 9 days written notice to Lessee. Alternatively, City may elect to terminate this Lease after ten (10) days written notice to Lessee. Section 21. Sublease and Assignment. Lessee understands and agrees that Lessee shall not sublease the Premises or any part thereof without obtaining the prior written consent of the City. Lessee shall not, in whole or in part, assign or transfer directly or indirectly this Lease unless prior written approval has been obtained from the City. Written consent or approval shall not be unreasonably withheld by Lessor. Section 22. Default. (A) The following constitute Events of Default under this Lease: (i) failure to keep, perform, and observe any other promises, covenants and conditions contained in this Lease. (B) Upon the occurrence of any Event of Default, the City may, at its option, in addition to any other remedy or right given hereunder or by law: (i) give notice to Lessee that this Lease terminates upon the date specified in the notice, which date will be no earlier than thirty (30) days after the giving of such notice. Section 23. No debts. Lessee shall not incur any debts or obligations on the credit of the City during the term of this Lease. Section 24. Notice. (A) All notices, demands, requests or replies provided for or permitted under this Lease by either party must be in writing and must be delivered by one of the following methods: (i) by personal delivery; or (ii) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid. (B) Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. (C) All these communications must only be made to the following: IF TO CITY: City of Corpus Christi Park and Recreation Department P. 0. Box 9277 Corpus Christi, Texas 78469-9277 IF TO LESSEE: Corpus Christi hamber Qqf Commerce Attn: LECwA led / a O / ,t. a -,4714 -in AI 5 r, Corpus Christi, Texas 78401 —203— 10 Attn: Director of Park and Recreation (D) Either party may change the address to which notice is sent by using a method set out above. Lessee shall notify the City of an address change within ten (10) days after the address is changed. Section 25. Nondiscrimination. Lessee covenants and agrees that it shall not unreasonably discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Premises, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. The City hereby reserves the right to take such action as the United States may direct to enforce this covenant. Section 26. Modifications. No changes or modifications to this Lease may be made, nor any provisions waived, unless the change or modification is made in writing and signed by persons authorized to sign agreements on behalf of each party. Section 27. Force Majeure. No party to this Lease shall be liable for delays or failures in performance due to any cause beyond their control including, without limitation, any delays or failures in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. These delays or failures to perform shall extend the period of performance until these exigencies have been removed. Section 28. Surrender. Lessee acknowledges and understands that the lease of the Premises to Lessee is expressly conditioned on the understanding that the Premises must be surrendered, upon the expiration, termination, or cancellation of this Lease, in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction where Lessee is without fault, excepted. Any reasonable costs incurred for repairs or corrections for which Lessee is responsible under this Lease are payable by Lessee to City as additional rental on the next rental payment date, or within 30 days written demand. Section 29. Publication Costs. Lessee shall pay for the cost of publishing the Lease description and related ordinance, if required by the City Charter, in the legal section of the local newspaper. Section 30. Interpretation. This Lease will be interpreted according to the Texas laws that govern the interpretation of contracts. Venue lies in Nueces County, Texas, where this Lease was entered into and will be performed. Section 31. Captions. The captions utilized in this Lease are for convenience only and do not in any way limit or amplify the terms or provisions hereof. —204— 11 Section 32. Casualty. If the Premises become damaged due to weather event, fire, or other natural or man-made disaster, such that the Premises are not deemed safe for occupation by the City Building Official, and repairs are not completed within 30 days of the event of disaster, then either party may terminate this lease upon 30 days written notice to the other party, without penalty. Section 33. Termination. It is Lessee's responsibility to remove its personal property from the Premises prior to termination or expiration of the Lease. Lessee agrees that any of personal property remaining on the Premises after the termination or expiration of the Lease automatically becomes City property without any notice, action, or process of law, for disposition by the City as City deems appropriate in City Manager sole discretion, with no compensation to Lessee. Lessee shall be invoiced for City's costs to remove property from the Premises after termination or expiration of the Lease, and Lessee shall pay said invoice within thirty (30) days of receipt. Section 34. Entirety Clause. This Lease and the incorporated and attached exhibits constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter hereof, unless contained in this Lease are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits of the terms, conditions, promises, and covenants relating to Lessee's operations and the Premises to be used in the operations. Section 35. Severability. (A) If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Lease that every section, paragraph, subdivision, clause, provision, phrase or word hereof be given full force and effect for its purpose. (B) To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Lease, then the remainder of this Lease is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid and enforceable, will be added to this Lease automatically by the Court construing such clause or provision to be invalid. EXECUTED IN DUPLICATE, each of which shall be considered an original, on the day of , 2011. —205— 12 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Ronald L. Olson City Secretary City Manager APPROVED AS TO LEGAL FORM this '2 day of 2011. By: Lisa Aguilar 3 Assistant City Attorney for City Attorney LESSEE: CORPUS CH TI CHAMBER 0 COMMERCE By: GrX�✓ Name: FUS Tate L CC✓�9v1c� Title: P2P 5; a e- /C e 9 Date: 9 2 3 — / —206— 13 INSURANCE REQUIREMENTS 1. LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. Lessee must furnish to the City's Risk Manager, 2 copies of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured on the General liability policy, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $500,000 COMBINED SINGLE LIMIT LIQUOR LIABILITY COVERAGE If liquor being served $1,000,000 COMBINED SINGLE LIMIT Property Coverage Lessee will be responsible for any and all damage to equipment used regardless if owned, rented, leased or borrowed. WORKERS' COMPENSATION EMPLOYERS' LIABILITY Applicable when employs paid employees, WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND SECTION II OF THIS EXHIBIT $500,000 /$500,000 /$500,000 C. In the event of accidents of any kind, Lessee must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. —207— 14 II. ADDITIONAL REQUIREMENTS A. Applicable when employing paid employees, Lessee must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Lessee will be promptly met. B. Lessee's financial integrity is of interest to the City; therefore, subject to Lessees right to maintain reasonable deductibles in such amounts as are approved by the City, Lessee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lessee'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). Lessee 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. Lessee 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 and Director of Parks and Recreation P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Lessee 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; —208— 15 • 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, Lessee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee'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 Lessee'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 Lessee to stop work hereunder, and/or withhold any payment(s) which become due to Lessee hereunder until Lessee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be held responsible for payments of damages to persons or property resulting from Lessee's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Lessee'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. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. —209— 16 AGENDA MEMORANDUM for the City Council Meeting of: Presentation: September 27, 2011 Action: October 11, 2011 DATE: October 11, 2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director of Engineering Services E -Mail: Peteancctexas.com Work Phone: 826-3781 Approval of Resolution, Developer's Participation Agreement, and the Professional Engineering and Geotechnical Contracts for the Park Road 22 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. K:\Engineering Dal aExchange\KevinS\GEN\ STREETS\6281 ParkRoad22-2004Bond AEAwardMemo.docx —213— 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 \Engineering DalaExchange\KevinS\GEN\STREETS\6261 PerkRoatl22-20D4Bond\AEAwardMemo,docx —214— 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: o Not Applicable o Operating Expense o 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) 0 1,132,564 0 1,132,564 BALANCE 0 267,436 7,100,000 7,367,436 FUND(S): Street CIP Fund COMMENTS: 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:\Engineering DataExchange\KevinS\GEMSTREETS\6261 ParkRoad22-2004Sond\AEAwardMemo.doox -215- DEPARTMENTAL CLEARANCES: Engineering Services Page 4 of 4 LIST OF SUPPORTING DOCUMENTS: Exhibit A: Contract Exhibit B: Memorandum of Understanding 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 DaleExchenge\KevinS\GEN\STREETS\6281 ParkRaad22-2004BonrMEAwardMemo.docx -216- CONTRACT SUMMARY 1. SCOPE OF SERVICES A. Basic Services. 1. Preliminary Phase. The Architect/Engineer-NE 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 NE 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 NE 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. 5) 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 —217— 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. NE will investigate areas of high probability of conflict with proposed improvements. EXHIBIT "A" Page 2 of 7 -218- 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 better track 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. 3. Bid Phase. The NE 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 3of7 —219— 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 NE 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 NE 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 NE will prepare this documentation for all required signatures. The NE 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 (USACE) b. NPDES Permit/Amendments EXHIBIT "A" Page 4 of 7 —220— 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 Surveyor$' 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 NE regarding PR's actions. PR's dealings in matters pertaining to the Contractor's work in progress shall in general be with NE 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 ofA/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 —221— 1. Conduct on -Site observations of Contractor's work in progress to assist NE 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. 7. 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. 8. 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. 9. 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 —222— 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 NE 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 NE 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 $7,250 3. Bid Phase 4. Construction Phase $52,500 Subtotal Basic Services Fees $555,000.00 Fee for Additional Services (Allowance) 1. Permit Preparation (as applicable) U.S. Army Corps of Engineers 5180,000 NPDES Permit/Amendments $3,000 TXDOT Categorical Exclusion $101,534 Public Meetings for CE (2 Meetings) $20,000 Public Hearing for CE $10,850 Texas Department of License and Regulation $2,500 Coast Guard Permit Section 9 $19,830 Total Permitting $337,714 2. Public Meetings $5,000 3. Topographic Survey (AUTHORIZED) $50,000 4. Subsurface Utility Investigation (AUTHORIZED) $16,500 5. Construction Observation Services 594,000 6. Environmental Issues $8,000 7. Start-up Services (Lift Station) $3,000 8. Warranty 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 cost to construction is 8.3%. EXHIBIT "A" Page 7of7 -223- 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 and Gulf Shores Joint Ventures (together, 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 and construction of the Park Road 22 bridge. 1.3 "Site" refers to the proposed bridge location along Park Road 22 between Compass St. and Nemo Ct. directly adjacent 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 canal 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. 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. This MOU will delineate the roles and responsibilities of both parties in implementing the Project, specifically as it relates to Phase 1, which is the design and engineering phase of the Park 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: Page 1 of 5 —224— 3.1. Obtain a revision to the existing U.S. Arrny 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 executive level single point of contact from the City for the proposed project. 4.2 Determine available funding sources 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 and 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: Page 2 of 5 —225— 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 Street City, State, Zip: Corpus Christi, TX 78418-6231 Phone: (361) 949-7611 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. Severability. If 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 and effect. Neither party may renegotiate the illegal or unenforceable provisions. 11. Termination. This MOU may 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 MOU 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 Page 3 of 5 —226— 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 that they have read, understood, and agreed to the terms and conditions of this MOU as set forth herein. ATTEST: By: PROJECT DEVELOPER: Asset Development Corporation By: N�fne: P- e Sche Title: Presi n Date: /0 / Gulf Shores Joint Ventures By: d.. N. e: P..� Title: Partn Date: /0/t4' CITY OF CORPUS CHRISTI: By: Armando Chapa Ronald L. Olson City Secretary City Manager Date: Page 4 of 5 —227— 1 APPROVED AS TO FORM: This 5 day of Oao $ iIL_. , 2011. By: Carlos Valdez City Attorney Page 5 of 5 —228— 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 Page 1 of 1 -229- \ Mproject\ councilexhibits \exh6281. dwg CORPUS C3 -1 -RESIT BA.y LAGUNA MADRRE iso ` Creek LOCATION MAP NOT TO SCALE PROJECT #6281 GULF OF MEXICO PARK ROAD 22 BRIDGE CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 9/13/2011 —- -230- 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 ITEM S\2011\092711\092711 RESO Park Road 22 Bridge.docx —231— ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM on the gig Carlos Valdez City Attorney THE CITY OF CORPUS CHRISTI Joe Adame Mayor day of September, 2011. J:\1.ENG\1 AGENDA ITEM S\2011\0927111092711 RESO Park Road 22 Bridge.docx -232- 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 JM .ENG AGENDA ITEM S\2011\0927111092711 RESO Park Road 22 Bridge.docx —233- 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 NeftitivOciwrA Veronica Ocanas Assistant City Attorney For City Attorney J:\1.ENG\1 AGENDA I T E M S\2011\092711\g j 711 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:11.ENG\1 AGENDA ITEMS V011\092711 W92711 RESO AFA Park Rd 22 Bridge.docx —235— 17 AGENDA MEMORANDUM for the City Council Meeting of October 25, 2011 DATE: 9/7/2011 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, M.P.H., Director of Public Health Annetter@cctexas.com 361-826-7205 PURPOSE Ordinance to repeal Section 23-23 of the City's Code of Ordinances A. Ordinance repealing Section 23-23, Code of Ordinances, relating to a fee paid by cosmetology license applicants; providing for severance. BACKGROUND AND FINDINGS: On July 07, 2003, by City Ordinance 25398, cosmetology license applicants were required to obtain a verification letter from the Health Department indicating that the applicant was free of any communicable disease. In 2005 during the 79th Legislature, passage of Senate Bill 411 which regulates the cosmetology profession was transferred to the Texas Department of Licensing and Regulation. A new board, the Advisory Board on Cosmetology, was created for oversight thus ending the need for the Health Department to charge a fee. Fee provision in City Municipal Code Section 23-23 is no longer required. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required for repeal of Cosmetology license applicant fee EMERGENCY / NON -EMERGENCY: Two readings DEPARTMENTAL CLEARANCES: Corpus Christi — Nueces County Public Health District Legal Department FINANCIAL IMPACT: Not applicable -239- 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: No fiscal impact RECOMMENDATION: Staff recommends approval of this agenda item LIST OF SUPPORTING DOCUMENTS: Ordinance 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 —240— ORDINANCE REPEALING SECTION 23-23, CHAPTER 23, CODE OF ORDINANCES, RELATING TO A FEE PAID BY COSMETOLOGY LICENSE APPLICANTS; PROVIDING FOR SEVERANCE. WHEREAS, pursuant to passage of Ordinance No. 25398 on July 7, 2003, a fee was enacted to be paid by a cosmetology license applicant in order to obtain a verification letter from the Health Department that the applicant was free of any communicable disease, which fee requirement was codified in Section 23-23, Chapter 23, of the Code of Ordinances; and WHEREAS, the verification letter is no longer required to be produced by the State of Texas, ending the need for the Health Department to charge the fee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1: The substantive content in Section 23-23, Chapter 23, of the Code of Ordinances is repealed and the section number is reserved to read as follows: "Sec. 23-23. Reserved. "The fee for the health department to provide a cosmetology license disease is fifty dollars ($50.00)." SECTION 2. If, for any reason, any section, subsection, paragraph, subparagraph, division, subdivision, sentence, clause, phrase, or word of this ordinance is held to be invalid or unconstitutional by final judgment of a court of competent jurisdiction, the decision shall not affect the validity or constitutionality of any other section, subsection, paragraph, subparagraph, division, subdivision, sentence, clause, phrase, or word of this ordinance, for it is the definite intent of this City Council that every section, subsection, paragraph, subparagraph, division, subdivision, sentence, clause, phrase, and word be given full force and effect for its purpose. EHord347 Cosmetology Fee Repeal 20110926 Page 1 of 2 —241— 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 David Loeb Chris N. Adler John E. Marez Larry Elizondo Nelda Martinez Kevin Kieschnick Mark Scott Priscilla G. Leal The foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry Elizondo Nelda Martinez Kevin Kieschnick Mark Scott Priscilla G. Leal PASSED AND APPROVED this the day of , 2011. ATTEST: Armando Chapa City Secretary APPROVED as to form: September 26, 2011 Eliza h R. Hundley Assistant City Attorney for the City Attorney Joe Adame Mayor EHord347 Cosmetology Fee Repeal 20110926 Page 2 of 2 -242- 18 AGENDA MEMORANDUM for the City Council Meeting of October 18, 2011 DATE: 9/22/2011 TO: Ronald L. Olson, City Manager FROM: Fred A. Segundo, Director of Aviation 289.0171 ext.1213 FredS(v7cctexas.com CAPTION: Appropriate Passenger Facility Charge funds for use in payment of debt service associated with building and roadway improvements at Corpus Christi International Airport.. Ordinance appropriating $1,393,692 from the unreserved fund balance in Passenger Facility Charge Fund No. 4621 and transferring $971,742 into the Airport 2000A Debt Service Fund No. 4640 and $421,950 into the Airport 2000B Debt Service Fund No. 4641 for Debt Service on Airport Improvements; changing the FY2011- 2012 Capital Budget adopted by Ordinance No. 0029135 to increase appropriations by $1,392,892. BACKGROUND AND FINDINGS: Passenger Facility Charges (PFC's) for the Corpus Christi International Airport were approved by the Federal Aviation Administration to fund debt service and related fees on bonds issued for completed terminal building improvements. The current PFC charge is $4.50 per enplaned passenger and must be appropriated prior to any expenditure. ALTERNATIVES: The only possible option is to fund the $1.5 million in debt service entirely from the Airport Operating Fund. This is not a completely viable option as the Fund has a balance of approximately $4.5 million and debt obligations continue until 2025 OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: All Ordinances require Council approval. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Financial Services Management and Budget —245— FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011-2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 0 Encumbered / Expended Amount 0 0 This item $1,393,692 $1,393,692 BALANCE $1,393,692 $1,393,692 Fund(s): Passenger Facility Fund - 4621 Comments: Passenger Facility Charge funds along with budgeted operating funds combine to provide the total debt service requirement. RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance 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 —246— Ordinance appropriating $1,393,692 from the unreserved fund balance in Passenger Facility Charge Fund No. 4621 and transferring $971,742 into the Airport 2000A Debt Service Fund No. 4640 and $421,950 into the Airport 2000B Debt Service Fund No. 4641 for Debt Service on Airport Improvements; changing the FY2011-2012 Capital Budget adopted by Ordinance No. 029135 to increase appropriations by $1,393,692. Be it ordained by the City Council of the City of Corpus Christi Texas: SECTION 1. That $1,393,692 is appropriated from the unreserved fund balance in Passenger Facility Charge Fund No. 4621 and that $971,742 is transferred into the Airport 2000A Debt Service Fund No. 4640 and that $421,950 is transferred into the Airport 2000B Debt Service fund No. 4641 for debt service on airport improvements. SECTION 2. That the FY 2011-2012 Capital Budget adopted by Ordinance No. 029135 is changed to increase appropriations by $1,393,692. —247— 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 David Loeb Chris N. Adler John E. Marez Larry Elizondo Nelda Martinez Kevin Kieschnick Mark Scott Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry Elizondo Nelda Martinez Kevin Kieschnick Mark Scott Priscilla G. Leal PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form: 41+ . 28, ?o t By: e�..4i Lisa Aguilar sistant City Attorney for the City orney —248— 19 DATE: TO: /�,� /J/ FROM: Gustavo Gonzalez, P.E. Director of Water Operati togil gustavogo@cctexa.com 361.826.1874 AGENDA MEMORANDUM for the City Council Meeting of September 27, 2011 Ronald L. Olson, City Manager CAPTION: Temporary Raw water sales contract with Formosa Plastic Corporation, Texas Ordinance authorizing the City Manager to execute a Temporary raw water sales contract with Formosa Plastics Corporation -- Texas. BACKGROUND AND FINDINGS: Lavaca Navidad River Authority has an annual contract for approximately 25,000 acre feet of raw water with Formosa Plastics, Inc a Texas Corporation located in Point Comfort, Texas. Contract provisions stipulate that if the storage volume of Lake Texana falls below fifty percent (50%) storage, then LNRA has a right to reduce the diversions to Formosa Plastics, Inc. by ten (10) percent. This amount equates to 250 acre feet per month. Formosa Plastics has requested a water contract from the City of Corpus Christi for the amount of 250 acre feet per month for four months not to exceed 1,000 acre feet. This amount will be reduced from our contract water allocation from Lake Texana of 3,483 acre feet per month. ALTERNATIVES: Deny the request for a short term raw water supply contract. OTHER CONSIDERATIONS: Additional short term revenues will benefit the City's Water Fund. CONFORMITY TO CITY POLICY: The City of Corpus Christi has several other water contracts with municipalities and industrial customers in the area. EMERGENCY / NON -EMERGENCY: Non -Emergency —251— DEPARTMENTAL CLEARANCES: None required FINANCIAL IMPACT: o Not Applicable ❑ Operating Expense X Revenue ❑ CIP Fiscal Year: 2011-2012 Project to Date Expenditures (CIP) Current Year Future Years TOTALS Budget 0 0 Encumbered / Expended Amount This item 1,000,000 1,000,000 BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of this item. LIST OF SUPPORTING DOCUMENTS: Water sales contract 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 —252— Page 1 of 2 An ordinance authorizing the City Manager to execute a temporary raw water sales contract with Formosa Plastics Corporation, Texas; and providing for severance. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager is authorized to execute a temporary raw water sales contract with Formosa Plastics Corporation, a substantial copy of which is attached to and incorporated into this ordinance as Exhibit "A". Section 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. Formosa Contract ord 10052011.docx —253— Page 2 of 2 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 David Loeb Chris N. Adler John E. Marez Larry R. Elizondo, Sr. Nelda Martinez Kevin Kieschnick 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 David Loeb Chris N. Adler John E. Marez Larry R. Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal Passed and Approved, this the day of , 2011. Attest: Armando Chapa Joe Adame City Secretary Mayor Approved: 5th day of October, 2011: R. fining First ssistant City Attorney For City Attorney Formosa Contract ord 10052011.docx —254— TEMPORARY RAW WATER SALES CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND FORMOSA PLASTICS CORPORATION, TEXAS THE STATE OF TEXAS § COUNTY OF NUECES § This Contract for the temporary sale of untreated raw water, made as of this day of , 2011, by and between the City of Corpus Christi ("City"), a Texas home -rule municipal corporation, whose address is P.O. Box 9277, Corpus Christi, Texas 78469-9277, and acting through its duly authorized City Manager, or the City Manager's designee ("City Manager"), which is supplied water from, among other sources, Lake Texana by the Lavaca Navidad River Authority ("LNRA") and which owns a regional water supply system that provides untreated raw water and treated water to municipal and industrial districts, and Formosa Plastics Corporation, Texas ("Formosa"), a Delaware corporation, authorized to do business in Texas, whose address is 201 Formosa Drive, Point Comfort, Texas 779978, acting by and through its duly authorized representative ("Formosa's Representative"), which also is supplied water from Lake Texana by LNRA. This Contract is the only agreement of the parties relating to the retail sale, diversion, and use of untreated raw water. Any prior understandings or written or oral agreements between the parties are superseded by this Contract. The City and LNRA entered into a Water Delivery and Conveyance Contract dated December 14, 1993 under which LNRA conveys 41,840 acre feet of water annually from Lake Texana to the City from an intake structure, pipeline, and pump referred to the West Delivery System ("LNRA/City Contract"). Formosa and LNRA entered into a Water Delivery and Conveyance Contract dated May 1, 1980, as amended, under which LNRA conveys 30,800 acre feet of water annually from Lake Texana to the Formosa from an intake structure, pipeline and pump referred to the East Delivery System ("LNRA/Formosa Contract").Formosa wants to divert through the East Delivery System untreated raw water supplied by LNRA to the City for the City's sale to Formosa for its use for industrial purposes , or any corporation, which is a successor to, subsidiary to, or affiliated with Formosa in the operation of Formosa's plants and all additions to the plants, or affiliated or subsidiary plants located in Calhoun County, Texas (for the purpose of this Contract they are collectively considered as the "Plant"), and the City desires to allow or otherwise facilitate the diversion, sale, and use of untreated raw water by Formosa through this retail raw water sale contract. In consideration of the above recitals and the mutual promises, covenants, and agreements, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: Page 1 of 8 —255— 1. Term. This Contract remains in effect from the date of final approval of this Contract, until December 31, 2011, and is subject to the termination provisions. contained in this Contract. 2. Use and Quantity of Water. a. The City agrees to allow Formosa to divert and use consumptively untreated raw water from Lake Texana supplied to the City under the LNRA/City Contract, at Formosa's existing point of diversion defined in the LNRA/Formosa Contract, for industrial purposes in such quantity as may be required by Formosa, but not exceeding a total of 1,000 acre feet, to be diverted at the amount of eight (8) acre feet per day or 250 acre feet per month. Formosa may divert the water the rate of diversion authorized by LNRA. b. However, if a situation arises, Formosa may divert the untreated raw water at a higher rate of diversion, as long as the City and LNfApermitthe increase, Formosa recognizes that the City may need to lirnit the rate of diversions due to the City's own need for water. However, Formosa may not divert from the water supplied to the City by LNRA more than the contracted for 1,000 acre feet, during the term of this agreement. Because LNRA has implemented a pro -rata reduction of water deliveries as defined in LNRA's current Drought Contingency Plan (DCP), the volume of water to be transferred as a result of this agreement will be added to Formosa's average daily allotment as defined per the DCP and an equal amount deducted from the City's current delivery rate. c. Under the LNRA/City Contract and LNRA/Formosa Contract, title to and possession of the untreated raw water passes from LNRA to Formosa at the point of diversion. 3. Point of Diversion. Formosa will divert the untreated raw water at and with its current facilities. 4. Measurement of Raw Water. a. The untreated raw water delivered under this contract must be measured in U.S. standard gallons by a suitable water meter or meters installed and maintained by LNRA at the point of diversion, which shall be accurate within 2%, either plus or minus. Checks as to the accuracy of the meter or meters may be made by the Director of Water Operations by request to LNRA, at the City's expense. The Director of Water Operations will notify the Formosa's Representative in writing 10 days in advance of all checks and tests in order that the Formosa may have a representative present as a witness. However, if the Formosa's representative is not present, LNRA may proceed with the check. (1) If either the City's Director of Water Operations or Formosa's Representative, at any time, notifies the other that it desires a special test of any meter, the parties will cooperate in arranging for a special test to be made by LNRA.. Page 2 of 8 -256- (2) The expense of the special test of the meter or meters will be paid by the party requesting the test. (3) If, on any test, the meter tested is found to be inaccurate, the inaccuracy will be addressed in accordance with the provisions relating to meter inaccuracies in the LNRA/Formosa Contract. (4) If, for any reason, the meter or meters are out of service so that the volume of untreated raw water delivered cannot be ascertained or computed, the untreated raw water delivered during the period the meter or meters are out of service will be estimated under the provisions relating to meter inaccuracies in the LNRA/Formosa Contract. b. LNRA will read the meter or meters under the LNRNFormosa Contract and will determine from these readings the amount of untreated raw water delivered to the Formosa: All meter readings will be made available to the Formosa's Representatives during the City's normal office hours. 5. Price of Raw Water. The price to be charged for untreated raw water sold by the City to the Formosa is One Thousand ($1,000:00) per acre foot or fraction thereof. 6. Fixed Minimum Obligation Formosais obligated to purchase the contract amount of untreated raw water by the end of the contract term, December 31, 2011, but Formosa must pay the City for the water at the daily amount in increments of eight (8) acre feet per day. 7. Billing. a. All untreated raw water taken in any one calendar month Will be billed between the first and tenth of the next succeeding calendar month, and Forrnosa will pay the bill within 10 days of the receipt of such bill. Any clerical error in the bill or minor question regarding the bill is not sufficient grounds to delay payment by Formosa to the City. Any such questions, will be properly settled under the terms of this Contract and by the agreement of both parties. Any adjustments in the amount paid as a result of such agreement will be added to or deducted from the following month's bill. b. Any failure by Formosa to pay the monthly billing within 10. days after such billing date is a "default" under Section 14 of this Contract. In the event it becomes necessary to collect such charges through any Court procedure, the City is entitled to also recover reasonable attorney's fees. If Formosa fails to pay its water bills, the City may require the payment in advance of eachmonthly water bill based on a diversion of eight (8) acre feet per day, plus a deposit, as a condition to furnishing untreated raw water to Formosa, and may request LNRA cease delivery of water to Formosa until the City receives the required advanced payment and deposit. Page 3 of 8 -257- 8. Restrictions on Resale. Formosa, its affiliates, its subsidiaries, or any successor may use at the Plant all water diverted up to the maximum stated in Section 2,a. of this Contract. Formosa's water may not be used by any other person, corporation, partnership, or entity, except for activities performed for Formosa at Formosa's Plant. Sale to or use by any other person, corporation, partnership, or entity is "default" under Section 14 of this Contract. 9. Water Rights. It is mutually agreed and understood that the City has acquired the contracted water from the LNRA, which water contracted by the City is not under Contract to others, and may be used to supply water to Formosaduring the time this Contract remains in force. Further, that this Contract is subject to the City's responsibility andobligation to provide water to municipal and industrial consumers within the Corpus Christi city limits and municipal and industrial consumers outside its city limits. It is alsomutually agreed and understood that this Contract is subject to the jurisdiction of the Texas Commission oh Environmental Quality ("TCEQ"), any successor agency, or any other regulatory authority that may have jurisdiction over such matters. Formosa agrees for the term of this Contract to support any future City requests to the TCEQ or other regulatory authorities for permission to acquire water rights or provide water to Formosa and other customers. 10. Water Conservation and Drought Contingency Measures: a. Formosa acknowledges the terms of the TCEQ Agreed Order of April 28, 1995, which amended the operational procedures relating to Special Condit`on 5.B, Certificate of Adjudication Na 21-3214, and the City's responsibilities under both the Agreed Order and the Certificate of Adjudication. The agreed order requires the City to provide in any future contracts or any amendments, modifications, or changes to existing contracts the condition that all customers and any subsequent customers must develop and have in effect a water conservation and drought management plan consistent with the City plan as required by the TCEQ rule. Therefore, Formosa agrees that during the terra of this Contract, Formosa, its affiliates, and subsidiaries shalt comply with any restrictions imposed on industrial customers within the City of Corpus Christi when the City has implemented any provisions of its Water Conservation and Drought Contingency Plan, adopted under Section 55-156, Code of Ordinances, City of Corpus Christi, or any amendments to the City's Water Conservation and Drought Contingency Plan or successor plan adopted by the City.. The failure of Formosa, its affiliate, or subsidiary to comply with the City's Water Conservation and Drought Contingency Plan is a "" under Section 14 of this Contract. b: To the extent that the TCEQ or other regulatory agency requires rationing of water in a manner stricter than that imposed by the City, Formosa shall comply with such stricter method of rationing water. 11. Force Majeure. If the City or Forrnosa are prevented, wholly or in part, from fulfilling its obligations under this Contract by reason of any act of God, unavoidable accident, acts of enemies, strikes, fires, floods, conservation of water for those with superior and legal rights to such water, governmental restraint or regulation, other Page 4 of 8 -258- causes of force majeure, or by reason of circumstances reasonablybeyond its control, then the obligations of City or Formosa, as provided in this Contract, are temporarily suspended during continuation of such force majeure. No damage is recoverable by Formosa from City by reason of the temporary suspension of delivery of water due to any of the causes above mentioned. If the City's obligation is affected by any of such causes, the City will promptly notify Formosa's Representative in writing, giving full particulars of such force majeure as soon as possible after the occurrence of the cause or causes relied upon. 12. Right to Terminate. a. Formosa may, by giving 48 hours written notice to the City's Director of Water Operations, cancel, and terminate this Contract in its entirety. Formosa may give the notice by facsimile at (361) 826-4382. Notice by the same manner must be provided to LNRA. b. The City may terminate this Contract upon written notice to Formosa's Representative and LNRA in the event the combined storage capacity of the City's Lake Corpus Christi -Choke Canyon Reservoir system reaches fifty (50%) percent of capacity as determined by the City. 13. Assignability. This Contract may not be assigned by Formosa to an unrelated third party without the prior written consent of the governing body of the City and LNRA, which consent will not be unreasonably withheld. 14. Authority to Execute. In order to make this Contract fully binding, the individual signing this Contract on behalf of each of the parties must have been duly authorized to execute. this Contract by proper ordinance or resolution of its governing body (e.g., the City's City Council and Formosa's managers) and certified copies of the authorization must be furnished by each party to the other party for attachment to this Contract, The City's authorization shall be Exhibit "A", and'. Formosa's authorization shall be Exhibit 15. Notices and Addresses. a. Any notice, communication, or statement required to be given pursuant to this Contract will be in writing and deemed to have been received when delivered in person or three (3) clays after mailing if sent by certified mail, postage prepaid, return receipt requested, to the address of the respective party indicated below: City of Corpus Christi Attn.: Director of Water Operations P. O. Box 9277 Corpus Christi, Texas 78469-9277 Phone: (361) 826 1881 Fax: (361) 826 1889 Formosa Plastics Corporation -- Texas Attn.: Randy Smith Vice-PresidenGeneral Manager 201 Formosa Drive Point Comfort, Texas 77978 Phone: (361)'987-7410 Fax: (361) 987-8121b. Page 5 of 8 -259- b. Either party may change the individual or address to which notice is sent by sending_ a notice to the address designated in subsection (a) of this section. 16. Regulatory Agencies. Formosa and City agree that theeffectiveness of this Contract is subject to the jurisdiction of the TCEQ and is dependent upon compliance with the regulations in Title: 31, Texas Administrative Code, Chapter 295 and 297, Subchapter J., and any arnendnients thereto. 17. severability, In case any one or more provisions contained in this Contract is for any reason held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability does not affect any other provision hereof, and this Contract will be construed as if such invalid, illegal., or unenforceable provision had never been contained in this Contract. 18. Captions. All titles of the Sections of this Contract have been inserted for convenience of reference only and are not considered a part of this Contract and in no way will they affect the interpretation of any provisions of this Contract. 19. Modifications. Any amendments, or alternative or supplementary agreements, to this Contract must be made in writing and duly executed by an authorized representative or agent of each of the parties to this Contract. 20. No Third Party Beneficiaries. This Contract is for the sole and exclusive benefit of the parties, and shall never be construed to confer any benefit on any third party. This Contract will be binding upon and inure to the benefit of the parties and their respective successors and assigns where permitted by this Contract. 21. Texas Law to Apply. This Contract will be construed under and in accordance with the laws of the State of Texas. 22. Venue. Performance of this Contract will take place in Nueces County, Texas. Any action or proceedingss relating to this Contract must be taken in Nueces County, Texas. The parties agree that the courts in Nueces County, Texas, shall have exclusive jurisdiction over this agreement. 23. Prior Agreements Superseded. This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 24. All Agreements Contained in this Written Instrument. This Contract represents the entire agreement between Formosa and City and supersedes all prior negotiations, representations, or agreements either oral or written, The parties have executed this Contract in multiple counterparts, each executed copy shall be considered as an original, by their respective duly authorized representatives, this day of , 2011. Page 6 of 8 -260- FORMOSA PLASTICS CORPORATION, TEXAS By: Name:Randy Sm Title: Vice-President/General Manager ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF CGie § ////KK This instrument was acknowledged before me on the 5'4'- day of D6,7a4-@.c% , 2011, by Randy Smith, Vice-President/General Manager, Formosa Plastics Corporation — Texas, on behalf of the corporation. - r �Grtiilr- Name: Lu er • Art#su3n ) Notary Public, State of Texas My Commission Expires: /0—/4-/Z ATTEST: Armando Chapa City Secretary City Manager " athi /4° LORI ATKINSON ss+1,,, : Notary Public, State of Texas 4;;; k' MyOotobor 19, CommissionExpires CITY OF CORPUS CHRISTI Ronald L. Olson ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of , 2011, by Ronald L. Olson, City Manager, City of Corpus Christi, on behalf of the City. Notary Public, State of Texas Page 7 of 8 —261— APPROVED: O4 day of t9c 46 er 2011. By: R. J Re' :ing Fl st A istant Gj For City Attorney Page 8 of 8 —262— 20 AGENDA MEMORANDUM for the City Council Meeting October 11, 2011 DATE: TO: FROM: October 11, 2011 Ronald L. Olson, City Manager Constance P. Sanchez, Interim Director of Financial Services C, constancep@cctexas.com (361) 826-3227 Public Hearing and Authorization for the City of Corpus Christi to Tax Tangible Personal Goods -in -Transit in 2012 PURPOSE: Public hearing and ordinance authorizing the City of Corpus Christi to tax tangible goods - in -transit which would otherwise be exempt pursuant to Texas Tax Code, Section 11.253. BACKGROUND AND FINDINGS: Legislation passed during the Special Session in June 2011 modified Section 11.253 of the Tax Code relating to property taxes on certain types of "goods -in -transit". A property tax exemption, commonly referred to as the "Super Freeport" exemption, allows a local exemption for goods -in -transit that ultimately will stay in Texas to remain at a location for up to 175 -days tax free and can be claimed when the goods are at certain warehouses not owned by the owner of the goods. Senate Bill 1 (SB 1), Article 48 requires cities to take official action between October 1, 2011 and December 31, 2011, to provide for the taxation of these goods -in -transit beginning in 2012. The city must also conduct a public hearing prior to doing so. These new requirements apply regardless of any action taken by a city in the past to tax "Freeport" goods. Failure to take official action within the timeframe will mean that the goods -in -transit will be exempt from taxation in 2012. It should be noted that the "Freeport" exemption applies to goods -in -transit, mostly warehouse inventory and manufacturing materials, that pass through the state of Texas within 175 days (as compared to the "Super Freeport" goods -in -transit that remain in the state of Texas). In addition, some cities expressed concern that the previous statutory language would impermissibly allow some retailers to claim the exemption by "spinning off' ownership of goods -in -transit. SB1 also clarified that the "Super Freeport" property tax exemption is not available for goods stored at a warehouse that is in any way owned or controlled by the owner of the goods. —265— In order for the City of Corpus Christi to continue taxing these goods, the City must pass an ordinance by December 31, 2011 electing to exclude the exemption so that there will not be any potential loss in ad valorem property valuation and revenue loss. The goods -in - transit will then remain subject to taxation by the City until the City Council rescinds or repeals the ordinance which approved the taxation of the goods -in -transit. ALTERNATIVES: n/a OTHER CONSIDERATIONS: The required public hearing is scheduled to be held on Tuesday October 18, 2011 during the City Council meeting beginning at 12:00 p.m. in the City Council Chambers. Notification for the public hearing is planned to be published on Sunday, October 9, 2011 in the Corpus Christi Caller -Times. FINANCIAL IMPACT: o Not Applicable o 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 - $ - $ 132,000 $ 132,000 BALANCE - $ - $ 132,000 $ 132,000 FUND(S): 1020 "General Fund" 2010 "Debt Service Fund" 1111 "Reinvestment Zone #2" 1112 "Reinvestment Zone #3" COMMENTS: As this exemption is similar to the "Freeport" exemption, if the value associated with the Freeport exemption is used as a beginning basis to estimate the impact of SBI, it is estimated that the City of Corpus Christi could have a potential ad valorem property value loss of $23,045,000 if this ordinance is not approved. The potential revenue loss would then be approximately $132,000 per year. RECOMMENDATION: Staff recommends approval of the ordinance as presented. —266— CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY NON -EMERGENCY: This ordinance requires two readings. The second reading is scheduled for October 18, 2011. DEPARTMENTAL CLEARANCES: • Office of Management and Budget • Legal Department LIST OF SUPPORTING DOCUMENTS: Copy of Article 48 of Senate Bill 1 Ordinance cc: Lisa Aguilar, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager —267— S.B. No. 1 1 (a) Not later than June 1 of every fifth [ ach] yeas, the 2 commission shall provide to the comptroller, for the purpose of 3 assisting the comptroller in the identification of persons entitled 4 to unclaimed property reported to the comptroller, the name, 5 address, social security number, and date of birth of each person 6 about whom the commission has such information in its records. 7 SECTION 47.04. The Department of Public Safety, the 8 Employees Retirement System of Texas, the Teacher Retirement System 9 of Texas, and the Texas Workforce Commission shall provide 10 information to the comptroller as required by Subsection (a), 11 Section 411.0111, and Subsection (a), Section 821.010, Government 12 Code, and Subsection (a), Section 301.086, Labor Code, as amended 13 by this article, beginning in 2016. 14 ARTICLE 48. AD VALOREM TAXATION OF CERTAIN STORED PROPERTY 15 SECTION 48.01. Subsection (a), Section 11.253, Tax Code, is 16 amended by amending Subdivision (2) and adding Subdivisions (5) and 17 (6) to read as follows: 18 (2) "Goods -in -transit" means tangible personal 19 property that: 20 (A) is acquired in or imported into this state to 21 be forwarded to another location in this state or outside this 22 state; 23 (B) is stored under a contract of bailment by a 24 public warehouse operator [dctainci] at one or more public 25 warehouse facilities [a 1 cati n] in this state that are not in any 26 way owned or controlled by [in which] the owner of the personal 27 property [docc not have a direct or indirect ancrchip intcrect] 121 -268- S.B. No. 1 1 fox the account of [acccmbling, ctoring, manufacturing, 2 proccccing, or fabricating purpoccc by] the person who acquired or 3 imported the property; 4 (C) is transported to another location in this 5 state or outside this state not later than 175 days after the date 6 the person acquired the property in or imported the property into 7 this state; and 8 (D) does not include oil, natural gas, petroleum 9 products, aircraft, dealer's motor vehicle inventory, dealer's 10 vessel and outboard motor inventory, dealer's heavy equipment 11 inventory, or retail manufactured housing inventory. 12 (5) "Bailee" and "warehouse" have the meanings 13 assigned by Section 7.102, Business & Commerce Code. 14 (6) "Public warehouse operator" means a person that: 15 (A) is both a bailee and a warehouse; and 16 (B) stores under a contract of bailment, at one 17 ox more public warehouse facilities, tangible personal property 18 that is owned by other persons solely for the account of those 19 persons and not for the operator's account. 20 SECTION 48.02. Section 11.253, Tax Code, is amended by 21 amending Subsections (e) and (h) and adding Subsections (j-1) and 22 (j-2) to read as follows: 23 (e) In determining the market value of goods -in -transit 24 that in the preceding year were [acccmblod,] stored[, manufactured, 25 pr occccd, r fabricatci] in this state, the chief appraiser shall 26 exclude the cost of equipment, machinery, or materials that entered 27 into and became component parts of the goods -in -transit but were 122 -269- S.B. No. 1 1 not themselves goods -in -transit or that were not transported to 2 another location in this state or outside this state before the 3 expiration of 175 days after the date they were brought into this 4 state by the property owner or acquired by the property owner in 5 this state. For component parts held in bulk, the chief appraiser 6 may use the average length of time a component part was held by the 7 owner of the component parts during the preceding year at a location 8 in this state that was not owned by or under the control of the owner 9 of the component parts in determining whether the component parts 10 were transported to another location in this state or outside this 11 state before the expiration of 175 days. 12 (h) The chief appraiser by written notice delivered to a 13 property owner who claims an exemption under this section may 14 require the property owner to provide copies of property records so 15 the chief appraiser can determine the amount and value of 16 goods -in -transit and that the_locationin—this-state-where-the 17 goods -in -transit were detained for storage [^womb r. r 18 manufacturing, pr ccccing, r fabricating purp ccc] was not owned 19 by or under the control of the owner of the goods -in -transit. If 20 the property owner fails to deliver the information requested in 21 the notice before the 31st day after the date the notice is 22 delivered to the property owner, the property owner forfeits the 23 right to claim or receive the exemption for that year. 24 (j-1) Notwithstanding Subsection (j) or official action 25 that was taken under that subsection before October 1, 2011, to tax 26 goods -in -transit exempt under Subsection (b) and not exempt under 27 other law, a taxing unit may not tax such goods -in -transit in a tax 123 -270- S.B. No. 1 1 year that begins on or after January 1, 2012, unless the governing 2 body of the taxing unit takes action on or after October 1, 2011, in 3 the manner required fox official action by the governing body, to 4 provide for the taxation of the goods -in -transit. The official 5 action to tax the goods -in -transit must be taken before January 1 of 6 the first tax year in which the governing body proposes to tax 7 goods -in -transit. Before acting to tax the exempt property, the 8 governing body of the taxing unit must conduct a public hearing as 9 required by Section 1-n(d), Article VIII, Texas Constitution. If 10 the governing body of a taxing unit provides for the taxation of the 11 goods -in -transit as provided by this subsection, the exemption 12 prescribed by Subsection (b) does not apply to that unit. The 13 goods -in -transit remain subject to taxation by the taxing unit 14 until the governing body of the taxing unit, in the manner required 15 fox official action, rescinds or repeals its previous action to tax 16 goods -in -transit or otherwise determines that the exemption 17 prescribed by Subsection (b) will apply to that taxing unit. 18 (j-2) Notwithstanding Subsection (j-1), if under Subsection 19 (j) the governing body of a taxing unit, before October 1, 2011, 20 took action to provide for the taxation of goods -in -transit and 21 pledged the taxes imposed on the goods -in -transit for the payment 22 of a debt of the taxing unit, the tax officials of the taxing unit 23 may continue to impose the taxes against the goods -in -transit until 24 the debt is discharged, if cessation of the imposition would impair 25 the obligation of the contract by which the debt was created. 26 SECTION 48.03. Subdivision (2), Subsection (a), Section 27 11.253, Tax Code, as amended by this article, applies only to an ad 124 -271- S.B. No. 1 1 valorem tax year that begins on or after January 1, 2012. 2 SECTION 48.04. (a) Except as provided by Subsection (b) of 3 this section, this article takes effect January 1, 2012. 4 (b) Section 48.02 of this article takes effect October 1, 5 2011. 6 ARTICLE 49. FISCAL MATTERS CONCERNING ADVANCED PLACEMENT 7 SECTION 49.01. Subsection (h), Section 28.053, Education 8 Code, is amended to read as follows: 9 (h) The commissioner may enter into agreements with the 10 college board and the International Baccalaureate Organization to 11 pay for all examinations taken by eligible public school students. 12 An eligible student is a student [ea.] who: 13 (1) takes a college advanced placement or 14 international baccalaureate course at a public school or who is 15 recommended by the student's principal or teacher to take the test; 16 and 17 (2) demonstrates financial need as determined in 18 accordance with guidelines adopted by the board that are consistent 19 with the definition of financial need adopted by the college board 20 or the International Baccalaureate Organization. 21 ARTICLE 50. FISCAL MATTERS CONCERNING TUITION EXEMPTIONS 22 SECTION 50.01. Section 54.214, Education Code, is amended 23 by amending Subsection (c) and adding Subsection (c-1) to read as 24 follows: 25 (c) To be eligible for an exemption under this section, a 26 person must: 27 (1) be a resident of this state; 125 -272- Page 1 of 3 Ordinance providing for continuation of taxation of goods in transit in tax years beginning on or after January 1, 2012 in accordance with Texas Tax Code Section 11.253. Whereas, in accordance with Tax Code Section 11.253 Q), the City Council, in Ordinance No. 027542 approved on December 18, 2007, authorized property taxes on goods in transit which would otherwise be exempt under subsection (b); Whereas, Texas Senate Bill 1 which passed during June 2011 special session of the Texas Legislature, modified Tax Code Section 11.253 relating to property taxes on goods in transit; Whereas, Senate Bill 1, Article 48, requires cities to take official action between October 1, 2011 and December 31, 2011 to provide for the continued taxation of goods in transit; Whereas, SB1 modified the definition of "goods in transit" in Texas Tax Code Section 11.253 (a) (2) to mean tangible personal property that: (A) is acquired in or imported into this state to be forwarded to another location in this state or outside this state; (B) is stored under a contract of bailment by a public warehouse operator at one or more public warehouse facilities in this state that are not in any way owned or controlled by the owner of the personal property for the account of the person who acquired or imported the property; (C) is transported to another location in this state or outside this state not later than 175 days after the date the person acquired the property in or imported the property into this state; and (D)does not include oil, natural gas, petroleum products, aircraft, dealer's motor vehicle inventory, dealer's vessel and outboard motor inventory, dealer's heavy equipment inventory, or retail manufactured housing inventory; Whereas, SB1 provides that notwithstanding that official action was taken under the previous law before October 1, 2011, to tax goods in transit exempt under subsection (b) and not exempt other law, a taxing unit may not tax such goods in transit in a tax year that begins on or after January 1, 2012, unless the governing body of the taxing unit takes action on or after October 1, 2011, in the manner required for official action by the governing body, to provide for the taxation of the goods in transit, after holding a public hearing; Whereas SB1 provides that the goods in transit remain subject to taxation by the taxing unit until the governing body of the taxing unit, in the manner required for official action, rescinds or repeals its previous action to tax goods in transit; —273— Page 2 of 3 Whereas, the City Council of the City of Corpus Christi conducted a public hearing as required by SB 1; Now therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. In accordance with Texas Tax Code Section 11.253 as amended by Senate Bill 1 during the June 2011 special session of the 82nd Texas Legislature, all goods in transit as defined in Texas Tax Code Section 11.253 shall continue to be subject to taxation by the City of Corpus Christi, Texas, in tax years beginning on or after January 1, 2012. SECTION 2. This Ordinance shall be effective upon date of final approval, and shall continue to provide for taxation of goods in transit in succeeding tax years until rescinded or repealed by action of the City Council. —274— Page 3 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 David Loeb Chris N. Adler John E. Marez Larry Elizondo Nelda Martinez Kevin Kieschnick Mark Scott Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry Elizondo Nelda Martinez Kevin Kieschnick Mark Scott Priscilla G. Leal PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form: Aq.zrt . I Ic, oII By: Lisa Aguilar, ssistant City Attorney for the City Attorney —275— 11:45 A.M. - Proclamation declaring October 15, 2011 as "Walk 'N" Roll Celebration for Disability Awareness Day" Proclamation declaring the week of October 14-16, 2011 as "51st Annual Texas Jazz Festival" AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 OCTOBER 11, 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 es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe Adame to call the meeting to order. B. Invocation to be given by Reverend Greg Hackett, First United Methodist 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 October 11, 2011 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: 1. Approval of Regular Meeting of September 27, 2011. (Attachment # 1) F BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2 * City Council's Youth Advisory Committee * Community Youth Development (78415) Program Steering Committee * Nueces County Tax Appraisal District * Park and Recreation Advisory Committee * Port of Corpus Christi Authority G. EXPLANATION OF COUNCIL ACTION: H. For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) 3. 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 Agenda Regular Council Meeting October 11, 2011 Page 3 4. 5. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) (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 # 3) 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 # 3) 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. (Attachment # 4) 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. (Attachment # 4) 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. (Attachment # 5) 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 Agenda Regular Council Meeting October 11, 2011 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) for the Emergency Shelter Grant Program; and $2,336,552 for the HOME Investment Partnerships Program. (Attachment # 5) c. Motion ratifying the 2011 Emergency Shelter Grant Program funding agreements to be effective August 1, 2011. (Attachment # 5) 6. 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 # 6) 7. 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 # 7) 8. 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 # 8) 9. Motion approving the application for street closure from K - Space Contemporary and Downtown Management District, to temporarily close the following street sections from Dia De Los Muertos Festival; to take place Friday, October 28, 2011. (Attachment # 9) 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., Agenda Regular Council Meeting October 11, 2011 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Friday, October 28, 2011 and ending at 1:00 A.M., Saturday, October 29, 2011. 10. Second 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. (First Reading — 09/27/11) (Attachment # 10) 11. Second 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. (First Reading — 09/27/11) (Attachment # 11) EXECUTIVE SESSION: (NONE) 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. J. PUBLIC HEARINGS: (NONE) (RECESS REGULAR COUNCIL MEETING) K. CORPORATION MEETINGS: 12. COASTAL BEND HEALTH FACILITIES DEVELOPMENT CORPORATION (Attachment # 12) AGENDA COASTAL BEND HEALTH FACILITIES DEVELOPMENT CORPORATION REGULAR MEETING Agenda Regular Council Meeting October 11, 2011 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summery) DATE: Tuesday, October 11, 2011 TIME: During the meeting of the City Council beginning at 12:00 p.m. PLACE: City Council Chambers 1201 Leopard Street Corpus Christi, TX 78401 1. Call meeting to order. 2. _ Secretary Armando Chapa calls roll. Board of Directors Officers Joe Adame Armando Chapa, Secretary Chris N. Adler Mary Juarez, Asst. Secretary Larry Elizondo, Sr. , Treasurer Kevin Kieschnick Constance P. Sanchez, Asst. Treas. 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 and Articles of Incorporation. 6. Election of Officers: President, Vice President, Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, General Manager. 7. Public Comment 8. Adjourn. 13. COASTAL BEND CULTURAL EDUCATION FACILITIES FINANCE CORPORATION (Attachment # 13) AGENDA COASTAL BEND CULTURAL EDUCATION FACILITIES FINANCE CORPORATION REGULAR MEETING DATE: Tuesday, October 11, 2011 Agenda Regular Council Meeting October 11, 2011 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) TIME: During the meeting of the City Council beginning at 12:00 p.m. PLACE: City Council Chambers 1201 Leopard Street Corpus Christi, TX 78401 1. Call meeting to order. 2. Secretary Armando Chapa calls roll. Board of Directors Officers Joe Adame Armando Chapa, Secretary Chris N. Adler Mary Juarez, Asst. Secretary Larry Elizondo, Sr. , Treasurer Kevin Kieschnick Constance P. Sanchez, Asst. Treas. Priscilla Leal , General Manager David Loeb John Marez Nelda Martinez Mark Scott L. 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. 7. Public Comment 8. Adjourn. (RECONVENE REGULAR COUNCIL MEETING) REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 14. a. Resolution approving amendments to the Bylaws and Articles of Incorporation of the Coastal Bend Health Facilities Development Corporation. (Attachment # 14) Agenda Regular Council Meeting October 11, 2011 Page 8 15. 16. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) b. Resolution approving amendments to the Bylaws of the - Coastal Bend Cultural Education Facilities Finance Corporation. (Attachment # 14) a. Ordinance authorizing the City Manager or designee to execute a lease with Corpus Christi Chamber of Commerce for the McCampbell House in Heritage Park for three year term with rent of $1,500 per month. (Attachment # 15) b. Ordinance appropriating $13,500 of anticipated rental income, from the lease of the McCampbell House in Heritage Park to the Corpus Christi Chamber of Commerce, in the No. 4710 Visitor's Facility Fund for the maintenance of Heritage Park facilities; changing the FY 2011-2012 Operating Budget adopted July 26, 2011 by Ordinance No. 029155, by increasing revenues and expenditures by $13,500 each. (Attachment # 15) 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 # 16) 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. (Attachment # 16) 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 # 16) 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 Bridge Project. (Attachment # 16) Agenda Regular Council Meeting October 11, 2011 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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 Bridge Project. (Attachment # 16) M. FIRST READING ORDINANCES: 17. First Reading Ordinance - Repealing Section 23-23, Chapter 23, Code of Ordinances, relating to a fee paid by cosmetology license applicants. (Attachment # 17) 18. First Reading Ordinance - Appropriating $1,393,692 from the unreserved fund balance in Passenger Facility Charge Fund No. 4621 and transferring $971,742 into the Airport 2000A Debt Service Fund No. 4640 and $421,950 into the Airport 2000B Debt Service Fund No. 4641 for Debt Service on Airport Improvements; changing the, FY2011-2012 Capital Budget adopted by Ordinance No. 029135 to increase appropriations by $1,393,692. (Attachment # 18) 19. First Reading Ordinance — Authorizing the City Manager to execute a temporary raw water sales contract with Formosa Plastics Corporation, Texas. (Attachment # 19) 20, First Reading Ordinance - Providing for continuation of taxation of goods in transit in tax years beginning on or after January 1, 2012 in accordance with Texas Tax Code Section 11.253. (Attachment # 20) 21. SUSTAINABILITY ORDINANCES a. First Reading 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 penalties, publication and an effective date. (Attachment # 21) b. First Reading Ordinance - Amending the Corpus Christi Unified Development Code by adding a new Section 6.7 entitled, "Clustered Development Overlay District", relating to Agenda Regular Council Meeting October 11, 2011 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) the use, regulations, and review standards for clustered development; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective date. (Attachment # 21) c. First Reading 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 penalties, publication and an effective date. (Attachment # 21) d. First Reading 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 penalties, publication and an effective date. (Attachment # 21) e. First Reading 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 conflicting ordinances; providing for penalties, publication and an effective date. (Attachment # 21) f. First Reading 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 penalties, publication and an effective date. (Attachment # 21) Agenda Regular Council Meeting October 11, 2011 Page 11 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) g. First Reading 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 penalties, publication and an effective date. (Attachment # 21) h. First Reading Ordinance - Amending the Corpus Christi Unified Development Code by adding a new Section 7.11 entitled, "Neighborhood Mixed -Use (NM U) 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 penalties, publication and an effective date. (Attachment # 21) i. First Reading Ordinance - Amending the Corpus Christi Unified Development Code by adding a new Section 7.12 entitled, "Adaptive Reuse Development Standards", relating to the use, regulations and review 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 penalties, publication and an effective date. (Attachment # 21) N. 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. FUTURE AGENDA ITEMS: 22. Motion approving a service agreement with All Points Environmental, LLC, of Corpus Christi, Texas for lead-based paint testing, cleaning and clearance services in accordance with Bid Invitation No. BI -0093-11, based on best value for an estimated annual expenditure of $202,565. The term of the service agreement will be for twelve months with an option to extend the agreement for up to two additional twelve month periods, subject to the approval of the contractor and the City Manager or designee. (Attachment # 22) Agenda Regular Council Meeting October 11, 2011 Page 12 23. 24. 25. 26. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) a. Motion authorizing the City Manager or designee to accept a grant in the amount of $20,000 from the Office of Juvenile Justice and Delinquency Prevention Internet Crimes Against Children (ICAC) Task Force program to continue the ICAC program within the Police Department and to execute all related documents. (Attachment # 23) b. Ordinance appropriating $20,000 from the Office of the Juvenile Justice and Delinquency Prevention Internet Crimes Against Children (ICAC) Task Force program to continue the ICAC program within the Police Department in the No. 1061 Police Grants Fund. (Attachment # 23) a. Motion authorizing the City Manager or designee to accept a grant in the amount of $59,914 from the State of Texas, Office of the Governor, Criminal Justice Division to establish a Regional Fusion Center grant within the Police Department and to execute all related documents. (Attachment # 24) b. Ordinance appropriating $59,914 from the State of Texas, Office of the Governor, Criminal Justice Division in the No. 1061 Police Grants Fund to establish a Regional Fusion Center within the Police Department. (Attachment # 24) a. Motion authorizing the City Manager or designee to accept a grant in the amount of $500,000 from the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS) forfunding available under the 2011 COPS Child Sexual Predator Program with a city in-kind contribution of $10,000 to be used to reduce child endangerment and to execute all related documents. (Attachment # 25) b. Ordinance appropriating $500,000 from the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS) for funding available under the 2011 COPS Child Sexual Predator Program with a city in-kind contribution of $10,000 in Na. 1061 Police Grants Fund to be used to reduce child endangerment. (Attachment # 25) a. Motion authorizing the City Manager or designee to accept a grant in the amount of $94,705.63 from the State of Texas, Agenda Regular Council Meeting October 11, 2011 Page 13 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Criminal Justice Division to continue the Violence Against Women -Act (VAWA) grant within the Police Department for Year 12 with a city cash match of $47,165.44, in-kind match of $7,200 for a total project cost of $149,071.07 and to execute all related documents. (Attachment # 26) b. Ordinance appropriating $94,705.63 from the State of Texas, Criminal Justice Division in the No. 1061 Police Grants Fund for funding available under the Violence Against Women Act (VAWA) fund, transferring $47,165.44 from the No. 1020 Cash contributions to grants and appropriating it in the No. 1061 Police Grants Fund as grant matching funds. (Attachment # 26) 27. a. Motion authorizing the City Manager or designee to accept grant funding in the amount of $90,206.50 from the Texas Department of Transportation (TxDOT) for the Comprehensive Selective Traffic Enforcement Project (STEP) in the Police Department for overtime Driving While Intoxicated (DWI) and Speed enforcement with a City match of $94,047.10 and to execute all related documents. (Attachment # 27) b. Ordinance appropriating $90,206.50 from the Texas Department of Transportation (TxDOT) for funding for the Comprehensive Selective Traffic Enforcement Project (STEP) in the No. 1061 Police Grants Fund. (Attachment # 27) 28. Resolution authorizing the City Manager to execute GLO surface lease No. SL20110014 (TXDOT lease No. L16-178- 356) and the related memorandum of GLO surface lease for an approximate 2.2 acre tract in the right-of-way of Park Road 22 (Clem's & Billings boat ramps parking lot). (Attachment # 28) 29. Resolution authorizing the City Manager or designee to negotiate and execute Memoranda of Agreement with the Federal Aviation Administration for various FAA technical services associated with Runway Safety Project at Corpus Christi International Airport, in total amount not to exceed $650,000 to be paid from funds awarded under Federal Aviation Administration Grant No. 3-48-0051-047-2011. (Attachment # 29) Agenda Regular Council Meeting October 11, 2011 Page 14 30. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) a. Ordinance appropriating $814,025.66 of anticipated -• revenues from the Texas Department of Transportation in Fund No. 3530 for the Yorktown Boulevard from Staples to Cimarron Landscaping Improvements; changing the FY 2012 Capital improvement Budget adopted by Ordinance No. 029135 to increase revenues and expenditures by $814,025.66. (BOND 2008) (Attachment # 30) b. Motion authorizing the City Manager or designee to execute a construction contract with Barcom Commercial of Corpus Christi, Texas, in the amount of $1,017,532.07 for Yorktown Boulevard from Staples to Cimarron Landscaping Improvements for the Base Bid. (BOND 2008) (Attachment # 30) 31. Motion authorizing the City Manager or designee to execute a Professional Services contract with Naismith Engineering of Corpus Christi, Texas, in the amount of $667,690 for Oso Creek Basin Drainage- Relief. (STORMWATER CIP) (Attachment # 31) 32. Motion authorizing the City Manager or designee to execute a Contract for Professional Services with Urban Engineering of Corpus Christi, Texas, in the amount of $138,000 for La Voila Creek Drainage Channel Excavation. (STORMWATER CIP) (Attachment # 32) 33. Motion authorizing the City Manager or designee to execute a construction contract with Graham Construction Services, Inc. of Eagan, Minnesota in the amount of $1,891,600 for Resaca Lift Station Upgrade 2009 for the Base Bid. (Attachment # 33) 34. Motion authorizing the City Manager or designee to execute a construction contract with Blue Bay Construction of Houston, Texas in the amount of $348,910.95 for the Corpus Christi Beach Promenade Northward Extension for the Base Bid plus Additive Alternate No. 2. (BOND 2008) (Attachment # 34) UPDATES TO CITY COUNCIL: 35. Presentation on Seawall Projects Currently Recommended by the Corpus Christi Business and Job Development Corporation (Type A Board) (Attachment # 35) Agenda Regular Council Meeting October 11, 2011 Page 15 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 36. Texas Municipal Retirement System (TMRS) — Overview of City's TMRS Plan and Options for Change (To be considered at approximately 12:15 pm) (Attachment # 36) 37. Oso Bay Wetland Preserve and Learning Center Master Plan Update (Attachment # 37) O. 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 CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. P. CITY MANAGER'S COMMENTS: Update on City Operations Q. ADJOURNMENT: Agenda Regular Council Meeting October 11, 2011 Page 16 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at S. 15 p.m., on October 6, 2011. rmando 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. 21 AGENDA MEMORANDUM for the City Council Meeting of October 11, 2011 & October 18, 2011 DATE: 9/12/2011 TO: Ronald L. Olson, City Manager FROM: Stephen Draper, Director, Department of Business Support Services/f Ste phen D©cctexas. com (361) 826-3568 Proposed Sustainability Ordinances in association with the Department of Energy Grant (EECBG), previously presented to Council by HDR on 9/13/11 CAPTION: 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. § 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. § 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. § 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. —279— § 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 conflicting ordinances; Providing for severance, penalties, publication and an effective date. § 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. § 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. § 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. § 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 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. BACKGROUND AND FINDINGS: The proposed ordinances under the auspice of a Department of Energy grant promote a myriad of planning methods to improve the vitality and economic development opportunities for the City of Corpus Christi. Examples of these methods are clustered development, mixed-use development, alternative housing, special overlay districts, streetscape zones, adaptive reuses, neighborhood mixed-use, urban agricultural use, and target area redevelopment standards. 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 is a brief description of each of the proposed ordinances. —280— Sustainability Ordinances: § 6.6 Development Concept and Special Overlay Zoning Districts. 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. 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. 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. 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. 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. 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. —281— § 6.14 Alternative Housing Options. 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 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. 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. ALTERNATIVES: Denial of the proposed ordinances. OTHER CONSIDERATIONS: Proposed ordinances are recommended for approval by the Planning Commission and Staff. CONFORMITY TO CITY POLICY: The proposed ordinances will create new City planning policy. EMERGENCY / NON -EMERGENCY: Two Readings 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 —282— RECOMMENDATION: The Planning Commission and Staff recommend approval of the proposed ordinances. LIST OF SUPPORTING DOCUMENTS: Ordinances Approvals: Deborah Brown, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Rudy D. Garza, Assistant City Manager -283- § 6.6 Development Concept and Special Overlay Zoning Districts Ordinance 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. WHEREAS, the Corpus Christi Comprehensive Plan directs the City to promote infill development on vacant tracts or lots and improve the economic viability of infill development through incentives that will attract private investors; WHEREAS, the Corpus Christi Comprehensive Plan recognizes that traditional land use regulations are not always conducive to development on problematic sites and can prevent innovative design, therefore valid innovations in land planning are encouraged; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, August 3, 2011, during meetings of the Planning Commission, and on Tuesday, October 18, 2011, during meetings 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; WHEREAS, the City Council has determined that this amendment to the Unified Development Code (UDC), would best serve the general welfare of the City and its citizens by providing a regulatory base for more sustainable communities by ensuring compatibility in development; maintaining consistency and character; and ensuring growth in an orderly and desirable manner that will preserve the public health and safety; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the Corpus Christi UDC is amended by adding a new Section 6.6 entitled, "Development Concept and Special Overlay Zoning Districts" to read as follows: 6.6 Development Concept and Special Overlay Zoning Districts. 6.6.1 Purpose. The purpose of this Section is to provide for alternative development standards to address unique site characteristics and to address development opportunities which can exceed the quality of standard developments, by: A. Establishing authority to adopt property -specific development standards for increasing minimum —284— § 6.6 Development Concept and Special Overlay Zoning Districts Ordinance Page 2 of 5 requirements of the code on individual sites; and B. Establishing Development Concept Overlay and Special Overlay Districts with alternative standards for special areas designated by the City's Comprehensive Plan,_ Area Development Plans, or by adoption by the City Council. 6.6.2 Application. This Section authorizes the City of Corpus Christi to increase development standards or limit uses on specific properties beyond the general requirements of the Unified Development Code through property -specific development standards. and to carry out Comprehensive Plan and Area Development Plan policies through Development Concept Overlay and Special Overlay Districts which supplement, modify, or expand the range of the underlying Zoning District standards and the standards of the Unified Development Code, through different uses, design, or density standards or review processes. Development Concept Overlay and Special Overlay Districts shall be applied in the following manner: A. Development Concept Overlay. A Development Concept Overlay District or Zone may be established to implement a development concept with specific design and development standards as a By -Right permitted use or through the rezoning process. t By -Right Use. Where design and development standards of an Development Concept Overlay District or Zone are compatible with the underlying Zoning District and neighboring uses, the Development Concept Overlay District standards may be applied as a By-Right/Permitted Use. The specific zoning districts for which the By -Right Use applies must be listed within the standards of the Development Concept Overlay District. 2. Rezoning Requirement. Where the standards of the Development Concept Overlay District have the potential to negatively affect the neighboring uses through increased densities, inadequate transitioning between differing densities or uses, lack of adequate onsite infrastructure for development, or similar factors, the applicant shall be required to rezone the property to one of the more suitable Zoning Districts listed as a 13‘, - Right permitted District. The Development Concept Overlay standards must include a list or statement of the specific Zoning Districts for which rezoning is required for the application of the standards. C:\Documents and Settings\DeborahWB.CCPD Italy Documents\Federal Grant Ordinances \8-7-I I .Sec. 6.6 Development Concept & Special Overlay Zoning Districts.DWBFinal.doc —285— § 6.6 Development Concept and Special Overlay Zoning Districts Ordinance Page 3 of 5 B. Special Overlay Districts. Special Overlay Districts are generally established in order to apply specific development designs and concepts within a specific area to promote infill or redevelopment of an area. Special Overlay Districts may also utilize special financing techniques, including but not limited to, tax abatements, block grants, housing grants, tax increment financing, or other financial or developmental incentives to meet a specific development goal. 1. Council Approval. Special Overlay Districts are established through the City Council review, public hearing, and approval process. The City Council may assign a Special Overlay District designation to any area it feels shall be "targeted" to receive special development consideration in the planning and development or redevelopment of an area. 2. By-Right/Permitted Uses. The established Special Overlay District may include development incentives or concepts that are applied as a By-Right/Permitted Use within the Special Overlay District. By Right/Permitted Uses under a Special Overlay District must be compatible with the surrounding neighborhood and uses. C. Unless specifically modified, provided for, and permitted under the provisions of this section and the standards of each Development Concept Overlay or Special Overlay District Ordinance, the standard requirements and regulations of the underlying Zoning District and Unified Development Code shall govern the remaining development and land uses within a Development Concept Overlay or Special Overlay District Zone. SECTION 2. That the UDC and corresponding Zoning Map of the City of Corpus Christi, Texas, effective July 1, 2011, 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 3. That to the extent that this amendment to the UDC represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as amended by this ordinance. SECTION 4. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. C:\Documents and Settings\DeborahWB.CCPDI\My Document \Fgdeml Grant Ordinances \8-7-11.5ec. 6.6 Development Concept & Special Overlay Zoning Districts.DWBFinal.doc bb 6.6 Development Concept and Special Overlay Zoning Districts Ordinance Page 4 of 5 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 may not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable as provided in Section 1.10.1 and/or Article 10 of the UDC. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. This Ordinance shall take effect upon and after publication of this Ordinance. Signatures found at next page. C:\Documents and Settings\DeborahWB.CCPDI\My Documents\Federal Grant Ordinances \8-7-11.Sec. 6.6 Development Concept & Special Overlay Zoning Districts.DWBFinal.doc — 2 8 7 — § 6.6 Development Concept and Special Overlay Zoning Districts Ordinance Page 5 of 5 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 David Loeb Chris Adler John E. Marez Larry Elizondo, Sr. Nelda Martinez Kevin Kieschnick 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 David Loeb Chris Adler John E. 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 as to form only: September 8, 2011. For Carlos Valdez, City Attorney eborah Walther L:7P' n Assistant City Attorney C:\Documents and Settings\DeborahWB.CCPDI\My Documents\Federal Grant Ordinances \8-7-11.Sec. 6.6 Development Concept & Special Overlay Zoning Districts.DWBFinal.doc —288— § 6.7 Clustered Development Overlay District Ordinance 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. WHEREAS, the Corpus Christi Comprehensive Plan supports a range of densities to improve the affordability of housing, increase the cost effectiveness of services, and offer citizens a desired quality of life; WHEREAS, the Corpus Christi Comprehensive Plan directs the City to promote infill development on vacant lots and improve the economic viability of infill development through incentives that will attract private investors; WHEREAS, the Corpus Christi Comprehensive Plan encourages a contiguous, compact growth pattern in areas where services already exist or can be economically provided, thereby requiring minimal improvements to the existing utility system; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, August 3, 2011, during meetings of the Planning Commission, and on Tuesday, October 18, 2011, during meetings 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; WHEREAS, the City Council has determined that this amendment to the Unified Development Code (UDC), would best serve the general welfare of the City and its citizens by providing a regulatory base for more sustainable communities by ensuring compatibility in development; maintaining consistency and character; and ensuring growth in an orderly and desirable manner that will preserve the public health and safety; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the Corpus Christi Unified Development Code is amended by adding a new Section 6.7 entitled "Clustered Development Overlay District' to read as follows: 4 6.7. Clustered Development Overlay District. 6.7.1 Purpose. It is the purpose of this ordinance to permit residential compact or clustered development in order to: A. Encourage creative and flexible site design. -289- § 6.7 Clustered Development Overlay District Ordinance Page 2 of 16 B. Promote cost savings in infrastructure installation and maintenance by such techniques as reducing the distance over which utilities, such as water and sewer lines, need to be extended or by reducing the width or length of streets. C. Decrease or minimize nonpoint source pollution impacts by reducing the amount of impervious surfaces in site development. D. Protect environmentally sensitive areas of a development site and preserve open space, natural features, and prime agricultural lands on a permanent basis. E. Provide opportunities for social interaction, walking, and hiking in open space areas. 6.7.2 Allowances. A. The clustered development standards under this ordinance are applied as an "overlay zone" and subject to the rules of the underlying Zoning District, in addition to the rules of the Overlay District standards established under this Ordinance. 1. Development under this Ordinance applies to new development and requires platting of individual lots within the development. 2. Where a conflict exists between the standards of the underlying Zoning District and the Clustered Development Overlay District, the standards established under the Clustered Development Overlay District Ordinance shall take precedence. 3. The standards provided under this Ordinance may only be applied to a clustered development platted, developed, and constructed in accordance with this Ord inance. 4. Commercial use of dwelling units in a clustered development for commercial leasing purposes (i.e. leased for a period of under 30 days) must comply with the International Building Codes (IBC) and the City's Fire Department Codes, and is only permitted in the "RM -AT", "CR -2", and "CR -3" Zoning Districts. C:\Documents and Settings \DeborahWB.CCPD1\My Dosu2e®\Eederal Grant Ordinances\8-7-11.Sec. 6.7 Clustered Development Overlay District.DWBFinal.doc § 6.7 Clustered Development Overlay District Ordinance Page 3 of 16 B. Permitted Districts. 1. A clustered development consisting of multiple single- family attached, single-family detached or two-family dwelling units shall be a permitted use (not requiring rezoning) in the RS -6, RS -4.5, RS -TF RM -1, RM -2, RM -3, RM -AT, ON, CN -1, CR -2, CR -3, and CG -2, when platted, developed, and constructed in accordance with this Ordinance. 2. All principal uses authorized in the applicable residential zoning district(s) shall be allowed in the clustered development. C. Minimum Acreage. A residential clustered development consisting of 1 acre or greater shall be permitted in any zoning district allowing for residential uses pursuant to the standards outlined under this ordinance. D. Density. 1. When platted under the standards of this Ordinance, a clustered development may not exceed the maximum density permitted within the underlying zoning district. 2. When platted under the standards of this Ordinance, a clustered development may not exceed a maximum density of 9.68 dwelling units per acre in any zoning district. 3. The minimum density permitted within a clustered development is 4 dwelling units per acre. 4. The maximum density permitted under Section 6.7.2(D)(1) and (2) above may be exceeded if the developer agrees to implement one or more of the density bonus techniques outlined under Section 6.7.6 below. 5. A Clustered Development may not exceed 139 acres without including a transitioninq mixed-use, commercial, neighborhood/town center consisting of 3 to 5 acres located within the development boundaries, and in accordance with Traditional Neighborhood Development Ordinance. C:\Documents and Settings\DeborahWB.CCPD1\My DocunnislEederal Grant Ordinances\B-7-11.Sec. 6.7 Clustered Development Overlay District.DWBFinal.doc § 6.7 Clustered Development Overlay District Ordinance Page 4 of 16 6. Multiple clustered developments located within 500 feet of each other and consisting of more than 139 acres shall include a transitioning mixed-use, commercial, neighborhood/town center consisting_ of 3 to 5 acres, and shall be developed as part of a Master Planned Community and approved through the Planning Commission and City Council public hearing process. E. Impervious Coverage Allowance. The maximum impervious coverage of the entire clustered development cannot exceed 65% of the development boundaries, which includes parking areas, unless the parking areas consist of pervious surfaces. F. Infrastructure. Clustered developments are only permitted in areas served by public sewer and water, except when the proposed development is part of a comprehensive development plan providing for adequate infrastructure through phased development. 1. The developer must provide evidence that adequate infrastructure facilities and capacity exist to sustain the higher densities of agroposed clustered development. 2. If adequate infrastructure and capacity does not exist on the proposed development site, the developer must provide a plan of action indicating what services will be provided to meet the densities of the development. G. Stormwater Management. 1. To compensate for higher densities and increased impervious surfaces within a clustered development proiect the project design must include onsite stormwater management techniques acceptable under the Best Management Practices (BMP) Manual. 2. Onsite stormwater management techniques may be included in the required common open space calculations to the extent outlined under Section 6.7.4(F)(4). 6.7.3 Platting Restrictions. New development of sites consisting of 1 acre or greater can be platted, or replatted, as small lot clustered developments for single- family attached, detached, or two-family dwelling units as follows: A. All lots within the proposed cluster development must be platted. C:\Documents and Settings\DeborahWB.CCPDt\My Dcrcuagnatederal Grant Ordinances\8-7-11.Sec. 6.7 Clustered Development Overlay District.DWBFinal.doc § 6.7 Clustered Development Overlay District Ordinance Page 5 of 16 B. Each clustered development must have a Home Owner's Association or another designated managing entity approved by the City for the maintenance of common facilities drives, alleys, pedestrian paths, open space, parking areas, and stormwater maintenance onsite. C. Proposed deed restrictions must be submitted with the plat and must state that individually platted lots and common open spaces within the clustered development will not be further divided into smaller tracts. The deed restrictions must be noted on the plat and recorded, and are enforceable through the Home Owner's Association or another assigned managing entity approved by the City. D. Where a Home Owner's Association, or other assigned managing entity approved by the City, is assigned as the managing entity of the development, the covenants, conditions, and restrictions of the development will be automatically renewable at the end of the established term unless 51% of the members agree to dissolve the association and the dissolution of the association is approved by the City. E. Platting or replatting of lots must not create flag lots or inaccessible lots within the development. The portion of the common open space that is inaccessible by a street or lane shall be permitted, provided that the common open space portion of the lot is shown and labeled on the plat, and noted that the common area shall not be developed for anything other than a community building or common recreational use. 6.7.4 Required Common Open Space. A. Not less than 35% of the site shall be conveyed as common open space and shall be applied to the entire development site rather than to any individual lot: B. Forty percent of the total square footage or acreage required for common open space may consist of active recreational features (i.e. swimming pools, tennis courts, playgrounds), while the remaining 60% must consist of pervious surfaces for passive recreational use (Fig. 6.7.4.B). C:\Documents and Settings\DeborahWB.CCPD1\My Docn5s1Federal Grant Ordinances\8-7-11.Sec. 6.7 Clustered Development Overlay District.DWBFinal.doc § 6.7 Clustered Development Overlay District Ordinance Fi ure 6.7.4.B. Passive Recreational Use. Page 6 of 16 C. Common open space may include undevelopable areas such as wetlands, creeks, and onsite vegetated stormwater dry detention basins planned for the site, as outlined under Section (F) below. D. The required common open space must be continuous, shaped for passive or active recreation, and must not measure less than 5 feet for a maximum distance of 20 linear feet, with exception of extraordinary circumstances such as the use of a walking bridge to cross a stormwater ditch or other unusual topographical situations onsite in which case the minimum width/maximum distance requirement may be extended. E. Parking areas, impervious surfaces, impervious right-of- ways, impervious driveways, right-of-way yard setbacks, individual lot yard setbacks, and spaces between buildings of 10 feet or less in width do not qualify as common open space. F. Alternative Compliance Options. Compliance with the common open space requirement can be met by implementing one or more of the following options: 1. Exclusive Use by Residents. The required common open space onsite (e.q, private trails, passive and active recreational areas) can be dedicated to a Home Owner's Association who will be responsible for the maintenance of the common grounds. C:\Documents and Settings\DeborahWB.CCPD1\My Dee2r$s\Federal Grant Ordinances\8-7-11.Sec. 6.7 Clustered Development Overlay District.DWBFinal.doc § 6.7 Clustered Development Overlay District Ordinance Page 7 of 16 2. Public Recreational Use. The common open space provided within the development boundaries may contributed toward the Community Enrichment Fund land dedication and fees required by the City for new development, provided that the common open space provides at least one recreational element (i.e. green space/small park, jogging or walking trails, etc.) that is available to the public and maintenenced by the Home Owners' Association or other designated managing entity. 3. Wetlands as Open Space. a. Non -jurisdictional wetlands, i.e. those for which impacts would not require a USAGE permitting process, may be counted in a 2:1 ratio (i.e. 2 acres of open space credit for every 1 acre of wetland preserved) up to 50% of the total open space requirement if incorporated into the design of the clustered development property boundaries. b. Preservation of iurisdictional wetlands (those for which impacts would require USAGE permitting) can be used in a 1:1 ratio to offset up to 50% of the total open space requirement if incorporated into the design of the development property boundaries. 4. Stormwater and Wastewater Management Techniques. a. Vegetated stormwater bioswales, rain gardens, (or other preferable infiltration -based or retention - based systems, designed and sized in accordance with and acceptable under, the Best Management Practices Manual) planned onsite may be counted towards the common open space requirement using a 1:1 ratio to offset up to 50% of the total open space requirement, if incorporated into the design of the clustered development property boundaries. b. Construction plans detailing the construction of the Best Management practices proposed onsite including target side slopes, depths retention time, proposed plant species, and a long-term maintenance plan must be pre -approved by the Development Services Department ACM or their designee. C:\Documents and Settings \DeborahWB.CCPD1\My 1202!9).ts\Federal Grant Ordinances\8-7-11 Sec 6 7 Clustered Development Overlay District.DWBFinal.doc § 6.7 Clustered Development Overlay District Ordinance Page 8 of 16 5. Plazas & Courtyards. Where pedestrian (non -vehicular) plazas or courtyards are incorporated into the design of the project, the square footage of plaza or courtyard areas that incorporate at least three of the features listed below may be contributed toward up to 100% of the common open space required onsite: a. Special interest planting with a wide range of plant materials including perennials and drought tolerant flowering shrubs. A minimum of 50% of the plant material used shall provide seasonal flower and/or foliage color. b. Pedestrian scale, bollard, or other accent lighting in accordance with the Illuminating Engineering Society of North America's (IESNA) "Guideline for Security Lighting for People, Property, and Public Spaces". c. Special porous paving, such as colored/stained pervious concrete, pervious brick, or elevated decks constructed over earthen ground (not over slab), and utilizing methods that allow rainwater to reach and infiltrate into the ground below (Fig. 6.7.4.F). Fi • ure 6.7.4.F. Common Cou ard. d. Seating, such as benches, tables, or low seating walls. C:1 Documents and Settings\DeborahWB.CCPD1\My Docymgrats\Federal Grant Ordinances\8-7-11.Sec. 6.7 Clustered Development Overlay District.DWBFinal.doc L ti D § 6.7 Clustered Development Overlay District Ordinance Page 9 of 16 G. Maximum Common Open Space Alternative Compliance. 1. Where the common open space in a residential cluster development is conveyed by one, or through a combination of the methods above, no more than 50% of the common open space can be achieved utilizing these methods (excluding the plazas and courtyards listed above, or buffers required between two zoning districts, which can contribute up to 100% of the requirement). 2. A deed restriction enforceable by the Homeowner's Association or another designated managing entity, shall be recorded that provides that the common open space shall be kept in the authorized condition(s), and not be developed for principal uses, accessory uses parking or roadways. Failure to keep the common open space in its authorized condition shall be considered to be in violation of the City's Unified Development Code. 6.7.5 Residential Development Standards. The following provisions shall apply to any residential lot within a clustered development, regardless of the general requirements of the applicable residential zoning district: A. The single-family and two-family dwelling units listed under Section 6.14 shall be permitted units when developed in accordance with the development standards listed under that section for each unit. B. No minimum width or depth of a lot shall apply. C. A minimum separation of 8 feet shall be provided between all principal buildings and structures, separation footage shall increase by 1 foot for each additional story added. D. There must be a minimum eave separation of 6 feet, with an additional 1 foot separation between eaves added for each additional story. E. Front and rear yard setbacks for individual unit lots must equal a minimum of 15 feet combined, and must not be less than 5 feet for either yard. C:\Documents and Settings\DeborahWB.CCPD1\My Doen)siFederal Grant Ordinances\B-7-11.Sec. 6.7 Clustered Development Overlay District.DWBFinal.doc § 6.7 Clustered Development Overlay District Ordinance Page 10 of 16 F. Buildings located along a public street at the entrance to a clustered development shall not be located within 10 feet from the front property line of the project site along the public street (i.e. street yard). This standard does not apply to the individual dwelling units within the proiect site located on private alleys or local collector streets. 6.7.6 Density Bonuses. A. The City's Development Services Department may approve an increase in the maximum number of dwelling units allowed within a compact or clustered development (based on the maximum impervious coverage allowance onsite) through one of the following options: 1. For each dwelling unit constructed as a fully accessible unit in accordance with the Texas Accessibility Standards, one additional dwelling unit shall be permitted, up to a maximum of 15 % increase (above the underlying Zoning District allowance) in the number of dwelling units. 2. For each affordable housing unit (i.e. affordable to families earning 80% of the Area Median Income) provided within the development boundary, one additional dwelling unit shall be permitted, up to a maximum of 15 % increase (above the underlying Zoning District allowance) in the number of dwelling units. a. Affordable housing must be made available on approximately the same schedule as the balance of housing in the proposed development and maV not be deferred until the final phases. b. The bedroom mix of affordable housing units must be roughly proportional to the bedroom mix of the market rate homes in each proposed development. c. Affordable housing units are expected to vary from the market rate offerings in each development due to smaller sizes and fewer interior amenities; however, these variations must not adversely affect the energy efficiency of the affordable housing units. C:\Documents and Settings\DeborahWB.CCPD1\My Ddo24&stFederal Grant Ordinances\8-7-11.Sec. 6.7 Clustered Development Overlay District.DWBFinal.doc § 6.7 Clustered Development Overlay District Ordinance Page 11 of 16 d. Affordable housing units must be complementary in exterior design and materials and must be dispersed throughout each development when planned. e. Affordable housing units must be sold or rented only to qualified households as defined by the City of Corpus Christi. f. Affordable housing units used as the basis for approving a density bonus shall be subject to a deed restriction and a mortgage lien to ensure that newly constructed low- and moderate -income sales and rental units remain affordable to low - and moderate -income households for a period of not less than 30 years, which period may be renewed. B. Where any of the above methods are approved by the City's Development Services Department, the approved density bonus may not be applied to more than 15% of the gross area designated as the common open space area onsite. C. Where pervious paving techniques (i.e. the use of pervious concrete, porous pavers, pervious asphalt, etc.) is utilized in the design of clustered development, the pervious areas will not count towards the 65% maximum impervious cover allowance on a site. The impervious surface area from which runoff is collected can be deducted from the maximum allowable impervious surface allowance, provided that the applicant is able to demonstrate the assimilation capacity and the runoff from the impervious surface areas being directed into vegetated green space within the site, on the site plan. 6.7.7 Sidewalks. Access and connectivity of sidewalks provided for each residential dwelling, office, or commercial building must be developed in accordance with the City City's Building Code and the Texas Accessibilities Standards. 6.7.8 Fences. All fences proposed within a clustered development and shall comply with the following guidelines: A. Lot Interior front and side yard fencing. All fencing on individual unit lots located in any front or side yard forward of the front wall of the dwelling unit facade, may not be more than 48 inches in height. C:\Documents and Settings\DeborahWB.CCPD1 \My Dosu29i9Wederal Grant Ordinances\B-7-11.Sec. 6.7 Clustered Development Overlay District.DWBFinal.doc § 6.7 Clustered Development Overlay District Ordinance Page 12 of 16 1. Front fencing must be picket, split rail, iron, or any decorative fencing that provides a minimum of 50% transparency. 2. Wire, chain-link, or solid fencing is prohibited along the side or front property lines forward of the front wall facade of the dwelling unit, with the exception of low stone walls no higher than three feet, if a part of the Developers design scheme for the project. 3. Fencing shall not be placed in a right-of-way, shall not be located closer than 1 foot from an existing sidewalk, or not closer than 6 feet from the right-of-way where a sidewalk does not currently exist. B. Lot Rear yard fencing. Provided that fencing is not constructed any closer to the front of a dwelling unit lot than the rear facade or back wall of the dwelling unit fencingmay be constructed along the rear and rear side yard property line of a dwelling unit lot as follows: 1. The height of the fencing constructed along a rear or rear -side property line may not exceed 6 feet in height. 2. Wire or chain-link fencing along the rear or rear -side Yard property line, and rearward of the front dwelling unit wall is prohibited. C. Development Site Fencing. When a clustered development is located adjacent to a single-family development, a screening fence of up to 6 feet in height must be provided along the property lines of the development as a visual buffer, and is not required to be solid; the fence may be an alternating picket or decorative iron design, provided that the fence does not provide more than 30-40% transparency. 1. Fencing is not required when the clustered development site that is located 100 yards or greater from the property line of neighboring single-family, multiple -family, or commercial uses. 2. Fencing as a visual buffer between clustered developments and adjacent undeveloped vacant lots is not required. 3. Fencing is required when the clustered development is located adjacent to oil and gas wells or telecommunication facilities or structures. C:\Documents and Settings\DeborahWB.CCPD1\My Dostail6ederal Grant Ordinances\6-7-11.Sec. 6.7 Clustered Development Overlay District.DWBFinal.doc § 6.7 Clustered Development Overlay District Ordinance Page 13 of 16 6.7.9 Buffers. A. Where a proposed clustered development developed under this Ordinance is located adiacent to an RE or RS Zoning District, the applicant is required to provide a minimum buffer between the two differing densities in accordance with the standards of Section 7.9.5. B. Where the buffer includes walkways, pathways, seating areas, pedestrian or other passive recreation amenities (i.e. those activities that do not include development or alteration of the site other than the creation of hiking, biking, and horseback riding trails, picnic areas, etc.), the square footage of the landscaped area providing the amenities may be contributed towards the common open space requirement onsite. C. Street Buffers. 1. All development located along a street designated as a Freeway, Arterial, or Collector Street on the Urban Transportation Plan Map or Text shall be required to provide one of the following buffers (listed under Table 6.7.9.0 below) along the entire street frontage abutting the right-of-way, and no vegetation shall interfere with a required clear sight triangle at a driveway or intersection. 2. Parking visible from any public street shall include a continuous evergreen hedge or wall for the entire linear extent of the vehicular use area visible from the right-of- way. a. The height of the hedge or wall shall be a minimum of 18 inches and a maximum of 36 inches as measured from the elevation of the vehicular use area or the street curb, whichever is higher. b. Such hedge or wall may be substituted for any individual shrubs that may be required in the street buffer. D. Utility Lines. No trees under utility lines shall have a natural height over 25 feet. C:\Documents and Settings \DeborahWB.CCPD1 Wly Docaaii tstFederal Grant Ordinances\6-7.11.Sec. 6.7 Clustered Development Overlay District.DWBFinal.doc § 6.7 Clustered Development Overlay District Ordinance Table 6.7.9.C. 20ft 20ft r r �exar�t V_ ee#pr 10 ft 10 ft Plant Material Illustration Page 14 of 16 Plants/100 Ln. F 1 four -foot continuous evergreen hedge 3 canopy trees 1 four -foot conenunus evergreen hedge 2 canopy trees 3 understory trees r _ t 3 canopy trees 2 canopy trees 2 underarm,/ trees IO ft Utility Line Option 6ft 6ft 6.7.10 4 understory trees I canopy tree I understory tree 7 shrubs 1 canopy tree 2 understory tree 3 shrubs Site Plan. The preliminary and final site plan for a residential clustered development shall include, but shall not be limited to, the following information: A. The maximum number and type of dwelling units proposed. C:\Documents and Settings \DeborahWB.CCPD1\My Dee31QEtelFederal Grant Ordinances\8-7-11.Sec. 6.7 Clustered Development Overlay District.DWBFinal.doc § 6.7 Clustered Development Overlay District Ordinance Page 15 of 16 B. The areas of the site on which the dwelling units are to be constructed or are currently located and their size (this may take the form of the footprint of the dwelling unit or a building envelope showing the general area in which the dwelling unit is to be located) and the lot setbacks. C. Illustrations showing the areas of the site designated for common open space and buffers and their dimensions and square footage/acreage. D. The areas of the site designated for parking and the dimensions of individual spaces. E. The number and percentage of dwelling units,_if any, that are proposed to be accessible and/or affordable housing units. F. The location of sidewalks, trails, and bike paths. G. Locations and dimensions of planned right-of-ways, alleys, and onsite stormwater and wastewater features. H. Landscaping and Lightinq Plans required or proposed for all vehicular, common open space, buffer, street yards, and right-of-way areas. SECTION 2. That the UDC and corresponding Zoning Map of the City of Corpus Christi, Texas, effective July 1, 2011, 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 3. That to the extent that this amendment to the UDC represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as amended by this ordinance. SECTION 4. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. 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 may not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable as provided in Section 1.10.1 and/or Article 10 of the UDC. C:\Documents and Settings\DeborahWB.CCPD1\My Dor$reats\Federal Grant Ordinances\8-7-11.Sec. 6.7 Clustered Development Overlay District.DWBFinal.doc § 6.7 Clustered Development Overlay District Ordinance Page 16 of 16 SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. This Ordinance shall take effect upon and after publication of this Ordinance. 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 David Loeb Chris Adler John E. Marez Larry Elizondo, Sr. Nelda Martinez Kevin Kieschnick 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 David Loeb Chris Adler John E. 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 as to form only: September 8, 2011. For Carlos Valdez, City Attorney B borah Walther ssistant City Atto ey C:\Documents and Settings\DeborahWB.CCPDI\My D4c3r4tslFederal Grant Ordinances\8-7-11.Sec. 6.7 Clustered Development Overlay District.DWBFInal.doc § 8.8 Mixed Use Overlay District Ordinance 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. WHEREAS, the Corpus Christi Comprehensive Plan recognizes that well- planned commercial and residential activities in the same or adjacent buildings may enhance the quality of life in an area by providing needed service activities and by encouraging pedestrian rather than vehicular movement; WHEREAS, the Corpus Christi Comprehensive Plan and Area Development Plans recognize mixed-use development as a preferred alternative and method of development within areas of the City targeted for infill development and redevelopment; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, August 3, 2011, during meetings of the Planning Commission, and on Tuesday, October 18, 2011, during meetings 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; WHEREAS, the City Council has determined that this amendment to the Unified Development Code (UDC), would best serve the general welfare of the City and its citizens by providing a regulatory base for more sustainable communities by ensuring compatibility in development; maintaining consistency and character; and ensuring growth in an orderly and desirable manner that will preserve the public health and safety; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the Corpus Christi Unified Development Code is amended by adding a new Section 6.8 entitled "Mixed -Use Overlay District" to read as follows: Mixed -Use Overlay District. 6.8.1 Purpose. The purpose of the Mixed Use Overlay District is to provide standards for mixed use development that includes residential uses to promote compatibility_ between new and existing development and ensure that mixed uses compatibly co -exist, and foster a variety of small, entrepreneurial, and flexible home-based businesses. Mixed residential uses encourage live, work, shop, and recreational environments, and more pedestrian -oriented social and economic neighborhood centers, which are conducive to transit C:\Documents and Settings\DeborahWB.CCPD1\My Doot ,Qr s Federal Grant Ordinances\8-7-11.Sec. 6.8 Mixed -Use Overlay District.DWBFinal.doc § 6.8 Mixed Use Overlay District Page 2 of 23 use and can reduce dependence on automobiles for sinple-purpose trips, by locating residents, lobs hotels, and transit services near each other. This Ordinance hereby recognizes Mixed Use as an independent land use designation to be included within the City's Future Land Use Map. 6.8.2 Preapplication Conference. Required. Prior to submitting an application, and site plan review and approval for a residential mixed use project, the applicant shall request a "preapplication conference" meeting with the City's Development Services Department. 6.8.3 Allowances. A mixed-use development consisting of a single building on a single lot, or multiple buildings and lots, and incorporating residential uses, shall be a permitted use in the RM -AT, ON, CR -3 CN -1, CN -2, CR -1, CR -2, CG -1, CG -2, CI, and CBD Zoning Districts, when constructed in accordance with the standards of this Ordinance Proposed residential mixed use development may not be appropriate within areas designated as a Naval Air Installation Compatibility Use Zone (AICUZ), and are not assured approval upon development review. 6.8.4 Application of Standards. The standards under this Ordinance shall be applied to all mjxed use development within the City limits that includes a residential use or uses as follows: A. Where a conflict exists between the standards of the underlying district or the UDC and the Mixed -Use Overlay District standards, the standards established under the Mixed Use Overlay District Standards Ordinance shall prevail. B. The standards provided under this Ordinance may only be applied to mixed-use development that is platted,_developed, and constructed in accordance with this Ordinance. C. Mixed use development that does not include a residential use or uses shall not be bound by the standards of this ordinance. D. Where a mixed-use development is constructed under the standards of this Ordinance, the City's Land Use Maps shall be changed to designate the property as being utilized for mixed -uses. C:\Documents and Settings \DeborahWB.CCPD1\My Doeu3iefsifederal Grant Ordinances\8-7-11.Sec. 6.8 Mixed -Use Overlay District.DWBFinal.doc § 6.8 Mixed Use Overlay District Page 3 of 23 6.8.5 Development Overview. Mixed use developments for the purpose of this ordinance, consist of two or more different uses which include a residential use, and occupy the same or adjacent buildings that are planned together, and shall be combined in the following manner; A. Vertically in the same building where separate uses are on different floors (for instance, retail on the ground floor and office and/or residential uses on the second and/or third floors); or B. Horizontally in multiple buildings where separate uses are placed next to each other, planned as a unit, fe.q. an apartment, single or two-family, or multiple -family residential dwelling building that is adjacent to a neighborhood commercial business or professional office building) planned together; or C. Through a combination of the two (Fig. 6.8.5.C). Figure 6.8.5.C. Vertical & Horizontal Mixed Use. Commercial use on 1st floor, residential or office space located "vertically" above. Residential use "horizontally" adiacent to the commercial or office use. Second StoryResidential Above Ground Floor Commercial Ground Floor Residential Horizontal Mixed -Use D. All floors and uses within a mixed use development must be constructed in accordance with the City's current Building and Fire Department Codes. C:\Documents and Settings\DeborahWB.CCPD1\My Docu 0nse\Federal Grant Ordinances\6-7-11.Sec. 6.8 Mixed -Use Overlay District.DWBFinal.doc o O § 6.8 Mixed Use Overlay District Page 4 of 23 E. At least 20% of the total land area within the residential mixed use project boundaries must be vertical mixed uses, and whether within a single building or multiple buildings on a development site, a minimum of 20% of the building or development shall be non-residential and a minimum of 20% of the development shall be residential. This percentage shall be calculated by determining the percent of net acres devoted to each type of use. F. The maximum total square footage of a non-residential use in a non-residential/residential mixed use building may not exceed 50% of the mixed use building, to ensure an appropriate scale. G. Within a vertical mixed use building, the use on the ground floor shall be a commercial, professional office, civic, tourist, or religious use, and must be different from a use on an upper floor or floors; at least one of the floors within a vertical mixed use building shall contain residential dwelling unit(s). H. Within horizontal mixed use buildings the non-residential use may not occupy more than 50% of the total ground floor area or frontage of the mixed use building, and at least one of the uses must be for residential purposes. The division of lots cannot be used to subvert the 50% residential requirement for horizontal mixed use. 1. Commercial/office strip malls consisting of contiguous single - use, single -story structures are not considered a mixed-use development for the purposes of this Ordinance. J. Stand-alone big box commercial or warehouse stores are not permitted within a mixed-use development, unless planned and constructed as a Planned Unit Development (PUD) that includes residential uses. 6.6.6 Lot Area and Density Requirements. The minimum lot area and maximum density permitted within a mixed-use development shall be based on the requirements of the zoning district in which the proposed mixed use development is located. 6.8.7 Maximum Building Square Footage. The maximum building square footage requirements for a mixed- use development shall be the same as the zoning district in which the proposed mixed use development is located, with the exception of the minimum building square footage requirements provided for the residential uses within a mixed-use development, which are listed within the Section 6.14.4.ATable. C:\Documents and Settings1DeborahWB.CCPD1\My DocegratsWederal Grant Ordinances\8-7-11.Sec. 6.8 Mixed -Use Overlay District.DWBFinal.doc § 6.8 Mixed Use Overlay District Page 5 of 23 6.8.8 Minimum Lot Widths. A. For proposed horizontal mixed use developments consisting of non-residential/residential uses, the minimum lot width shall be 50 feet for the entire mixed use building. B. For proposed vertical mixed-use developments, the minimum lot width shall be 25 feet. C. Mixed Use development consisting of multiple -family residential uses (where permitted) shall have a minimum lot width of 50 feet, as listed within Table 6.14.4.A. 6.8.9 Setbacks. A. "Build -To" Zones. The "build -to" zone shall be defined for the purposes of this Ordinance, as the front, side, or rear setback area measured from the property line to the building facade or "build -to line" (Fig. 6.8.9.A). Figure 6.8.9.A DO p rgee n O d -n r ft ND r ? N o co A > > G m n, '° - 1 0 Vehicular Zone Sidewalk Width & Build To Area Varies B. Front Setbacks: Minimum of from 0-10 feet measured from the property line. 1. Multiple non-residential/residential mixed-use buildings (including Live -Work units) shall, to the greatest extent possible, be "built -to" the property_line, or zero "build -to" line. C:\Documents and Settings\DeborahWB.CCPD1 Wly Do2isn®ry3ederal Grant Ordinances\6-7-11.Sec. 6.8 Mixed -Use Overlay District.DWBFinal.doc § 6.8 Mixed Use Overlay District Page 6 of 23 2. Multiple Live -Work units designed around a courtyard are not required to be built—to the zero "build -to" line. 3. In order to establish the "build -to" line for new mixed- use development where sidewalks are not yet established, the "build -to" line shall be the property line and must take into consideration the width of the sidewalk proposed for the site by the City's Urban Transportation Plan. 4. The front-yard/"build-to" line for multiple residential dwelling units that are part of a horizontal mixed-use development (located adjacent to the nonresidential portion of the mixed use), may be used and increased in depth to provide space for privacy, landscaping, private courtyards, open areas, entryways, and similar amenities between the property line and the residential structure(s) (Fig. 6.8.9.B.4). 5. A single residential dwelling unit (listed under Section 6.14 constructed on a single lot, and part of a larger mixed use proiect, shall provide a front yard setback that is located within 0 to 10 feet from the "built -to" line, as measured from the property line. Figures 6.8.9.6.4. Courtyards Located Rearward of the "Build -To" Line. C. Side Setbacks: 1. Multiple Contiguous Attached Buildings. No interior side yards shall be required, when attached buildings are constructed in accordance with the IBC, IRC, and Fire Department regulations and standards. 2. Multiple, individual, non-contiquous buildings or detached structures without a constructed firewall shall require the following: a. A minimum 4 -foot side yard for single -story structures, with one additional foot added to each side yard for each additional story. C:\Documents and Settings\DeborahWB.CCPD1 \My Docal&n&federal Grant Ordinances \8-7.11.Sec. 6.8 Mixed -Use Overlay District.DWBFinal.doc § 6.8 Mixed Use Overlay District Page 7 of 23 b. A 6 -foot minimum eave separation. c. A minimum 8 -foot separation between building walls. 3. Side yards abutting a side street shall require a minimum side yard of 10 feet, which can include the 5 or 10 -foot sidewalk where required. D. Rear Setbacks: Minimum of 5 feet. 6.8.10 Heights. Heights for mixed use buildings must follow the same standards established for the zoning districts for which they are located. 6.8.11 Permitted Non -Residential Uses. A. Bars, Taverns, Clubs, and Alcoholic Beverage Sales. 1. The proposed development of a mixed-use structure incorporating a bar, tavern, nightclub, or liquor store in conjunction with a non -transient (i.e. over 30 days of residency) residential use shall be permitted in the zoning districts allowing for their use. 2. The proposed development of a mixed-use structure incorporating a restaurant with alcoholic beverage sales in conjunction with a residential use is permitted in the zoning districts where a restaurant with alcoholic beverage service is permitted. 3. The proposed development of a mixed-use structure incorporating alcoholic beverage sales or service in conjunction with a Live -Work unit shall be prohibited in all zoning districts. B. Drive-through windows for any purpose are not permitted within a mixed use development unless located behind the principle structure with access to and from the drive-through area provided from the rear of the lot. C. The non-residential uses permitted in each mixed-use development category are limited to the following uses: Table 6.8.11.C. Permitted Non -Residential Mixed -Uses. Adult Day -Care Centers Art Studios, Artists and Artisans Bakeries, Patisseries, Chocolates, are allowed when the primary use is Retail Sales Banks (drive-throughs see Section 6.8.11(B) above) C:\Documents and Settings\DeborahWB.CCPD1\My DOGertnfslEederal Grant Ordinances18-7-11.Sec. 6.8 Mixed -Use Overlay District.DWBFinal.doc § 6.8 Mixed Use Overlay District Page 8 of 23 Beautician Salons & Barbers (excluding nail care) Bed & Breakfast Homes (no allowance for special events) Bicycle Rentals Boarding, Rooming, Lodge Houses Cafes and Bistros Child Care Centers Civic/Government Office Uses Community Gardens -Limited Agricultural Uses Computer Software and Multimedia Related Professionals Convention or Special Events Centers Drycleaners (drop-off, pick-up only) Farmers Market Retail Stand Fashion, Graphic, Interior and Other Designers Florist Funeral Home or Parlor (no crematorium) Health Spas, Fitness Centers Home Occupations Ice Cream Parlors Laundromats Liquor Store (except in AT District) Mail & Packaging Centers Marina Medical Offices & Clinics Museums Neighborhood Market (groceries only) Neighborhood Pharmacy Non -Medical Offices Nutritional Sales Physical Fitness Gyms, Dance, Martial Arts Studios Printing, Publishing, Engraving Professional Services (including, attorneys, accountants, insurance sales, barbers, travel agency, consultant firms, engineers, architectural firms, and similar uses) Radio& Television Broadcasting Real Estate Offices Recreational Centers (Indoors, including arcades) Recreational Centers (Outdoors, miniature golf, sports fields, amusement piers) Repair & Sales/Services, conducted entirely within a building; (television, computer, plumbing, locksmith, shoe repair, but not including auto repair, detailing, tire service, auto body painting, home appliance repair, or similar uses) Restaurants, Food & Beverage Service, (sit-down or take-out services permitted, without alcohol service) Restaurants, Food & Beverage Service, (sit-down or take-out services with alcohol service permitted in districts allowing for the use) C:\Documents and Settings\DeborahWB.CCPD1\My DocenplitsiFederal Grant Ordinances\8-7-11.Sec. 6.8 Mixed -Use Overlay Dist ict.DWBFinal.doc § 6.8 Mixed Use Overlay District Page 9 of 23 Retail Sales (including Boutiques, Delicatessens, Video/Game Rentals, Musical Instrument Sales/Repair, Fruits & Vegetables Sales, Automotive Parts (no service of vehicles or bays onsite), Crafts, Hardware, Home Decor, News & Books, Jewelry/Repair & Sales, Paint, Sporting Goods, Optical, Office Supplies, Greeting Cards, Antiques) Schools School Tutoring Services Senior Activity Centers Senior Assisted Living Tailor/Seamstress/Dressmaking Utility Offices (no outdoor storage) Veterinary Clinics (no outside runs) 6.8.12 Required Open Space. Mixed-use proiects located in the RS -6, RS-4.5,_RS-TH, RS-TH, RM -1, RM -2, RM -3, RM -AT, ON, CN -1, CN -2, CR -1, CR -2, CG -1, CG -2, CI, and CBD Zoning Districts must provide open space equaling a minimum of 10% of the combined floor area of all residential units. A. Outdoor Open Space. Five percent of the open space required shall be provided as passive or active recreation outdoor open space (plaza, courtyard, roof -top terrace, or similar space (Figs. 6.8.12.A). Figures 6.8.12.A. Common Courtyards as Open S . ace. 1. The square footage of balconies,_porches and patios or terraced and landscaped rooftops, may count toward the 5% outdoor open space requirement, provided that; a. The space provided is oriented to the household use. b. The space provided is sufficient space for the enjoyment of the occupants. C:\Documents and Settings1DeborahWB.CCPD1\My Dopy ip pts\Federal Grant Ordinances\B-7-11.Sec. 6.8 Mixed -Use Overlay District.DWBFinal.doc Dor I § 6.8 Mixed Use Overlay District Page 10 of 23 c. The space provided is either useable by all the residents of the building or is provided for each residential unit in the structure. 2. Outdoor pedestrian -oriented open space for projects must include: a. Visual and pedestrian access (including barrier - free access) to the abutting structures from the public right-of-way or a non -vehicular courtyard. b. On-site or building mounted lighting, providing at least 0.6 foot-candles (average) on the ground in accordance with the lighting standards of the Illuminating Engineering Society of North America's (IESNA) "Guideline for Security Lighting for People, Property, and Public Spaces". c. Outdoor pedestrian -oriented space shall not include asphalt or gravel pavement, adjacent unscreened parking lots or chain link fences, adjacent "blank walls", adiacent dumpsters, outdoor storage or retail sales that do not contribute to the pedestrian environment. d. Paved walking surfaces provided shall consist of either concrete, pervious concrete or asphalt, porous pavers, or other approved unit of paving in areas intended for foot traffic, made fully accessible under the requirements of the Americans with Disability Act (ADA) standards. e. Seating provided shall measure at least 3 feet in length (bench, ledge, planter walls, fixed or individual street furniture, etc.), or one individual seat per 60 square feet of plaza area or open space. f. Roof -top terrace areas provided as open space may not include service areas outdoor storage or retail sales areas. g, Landscaping provided to enhance the area shall provide at least 30% of a plaza or courtyard shaded by a structure or tree canopy coverage (at 10 years after planting), the shade landscaping points provided may be doubled when counted toward the required landscaping points onsite. h. The 5% outdoor open space requirement may be met for the mixed-use development where the C:\Documents and Settings \DeborahWB.CCPD1 \My Doausinnskederal Grant Ordinances \8-7-11.Sec. 6.8 Mixed -Use Overlay District.DWBFinal.doc § 6.8 Mixed Use Overlay District Page 11 of 23 development is connected to an improved public park located within 1,300 feet of the mixed-use building, by a continuous sidewalk. B. Indoor Open Space. Five percent of the required open space must be provided inside the mixed use project and may include the following: 1. Indoor swimming pools. 2. Gymnasiums or fitness rooms. 3. Landscaped indoor atriums or courtyard areas with seating (e.q. as seen in many Omni Hotels). C. Within the downtown and uptown CR -1, CI, and CBD Districts, the square footage of outdoor swimming pools may be counted toward the 5% outdoor open space requirement. 6.8.13 Building Orientation, Massing, and Facade Appearance. A. All properties with frontage on public and private streets shall upon development of a mixed use building have the building or buildings facing the public street. B. Building facades may "step back" on the upper floors to reduce the bulk (Figs. 6.8.13.B). Figures 6.8.13.B. Buildings "step -back" on the up 'er floors. C. Each sequential building or block of new construction shall attempt to contain a unique building facade (e.q. contrasting building materials or textures, variations in rooflines along a single block face, variations in color, etc.) so as to encourage architectural variety within large projects with multiple buildings (Fig. 6.8.13.C). C:\Documents and Settings\DeborahWB.CCPDI\My Doss sfederal Grant Ordinances\8-7-11.Sec. 6.8 Mixed -Use Overlay District.DWBFinal.doc § 6.8 Mixed Use Overlay District Fi ! ure 6.8.13.C. Page 12 of 23 D. For every 100 feet of building facade length, the building shall incorporate modulated and articulated building wall planes through use of projections, recesses and reveals expressing structural bays, changes in color or graphical patterns, changes in texture, additional display windows, or changes in building material. E. No permanently installed burglar bars shall be visible from any public street. The ground floor portion of a mixed use building may install fully retractable metal security screening or storm shutters that secure windows and doors when the nonresidential portion of the mixed use building is not open for business, and must not be visible during business hours. (See Section 6.13.1(E)(5), Figs. 8-11). F. With the exception of (E) above, the adaptive reuse of a historical structure is exempt from the remaining requirements of this section (6.8.13). 6.8.14 Building Entrances. A. Building entrances may include entrances to individual units, lobby entrances, entrances oriented topedestrian plazas, or breezeway/courtyard entrances to a cluster of spaces. B. On corner lots, buildings and their entrances shall be oriented to the street corner as feasible (Figs. 6.8.14.6)• however the Adaptive Reuse of a historical structure shall be exempt from this requirement. Figures 6.8.14.B. C:\Documents and Settings\DeborahWB.CCPD1\My DQmJs1,rewederal Grant Ordinances\8-7-11 Sec 6 8 Mixed -Use Overlay District.DWBFinal.doc § 6.8 Mixed Use Overlay District Page 13 of 23 C. Alternatively, a building entrance may be located away from the corner when the building corner is beveled or incorporates other detailing to reduce the angular appearance of the building at the street corner. D. A building may have an entrance facing a side yard when a direct pedestrian walkway is provided between the building entrance and the street right-of-way. E. Every dwelling unit with a front facade facing the street in a pedestrian retail or storefront area, if provided shall to the maximum extent possible have its primary entrance face the street. F. Prominent, visible, illuminated, and safe entrances shall be provided that lead to upper floor residential and ground floor commercial. G. The primary public entry to the building shall be clearly defined, and building entrances shall incorporate elements that provide shade from the sun and weather protection for pedestrians, through the use of awnings, arcades, porticos, or marquees which shall be a permitted use for all mixed-use development through a Use Privilege Agreement with the City. 6.8.15 Streetscape Zone. A Streetscape Zone in accordance with the standards of Section 6.13 shall be provided for all mixed-use proiects located on an Arterial or Collector Street. 6.8.16 Access and Driveways. A. Access to parking areas shall be provided from the rear or side of the mixed-use building, unless the mixed-use building is part of an Adaptive Re -use proiect in which case the standards of Section 7.12 shall apply. B. All other access drive dimensions for the lot or development must be in compliance with the City of Corpus Christi's Manual of Driveway Design and Construction Standards. C. Mid -Block Pedestrian Pass-throughs. 1. Where a proposed large-scale Mixed Use Special Overlay development proiect includes coverage of a block area of 400 linear feet or more, a mid -block pedestrian pass-through or galleria shall be provided (Figs. 6.8.16.C.1). C:\Documents and Settings\DeborahWB.CCPD1\My Docutnp$s\Federal Grant Ordinances\8-7-11.Sec. 6.8 Mixed -Use Overlay District.DWBFinal.doc 3 i § 6.8 Mixed Use Overlay District Fi, ures 6.8.16.C.1. Pedestrian Pass- Throughs. Page 14 of 23 2. The pass-through shall be lighted and designed to be safe and visually interesting for pedestrians, incorporating such features as display windows or artwork. 3. Mid -block pedestrian pass-throughs must be designed so they cannot be enclosed or locked. 4. The pedestrian pass-through can be used to connect separate buildings, or link customer parking located behind buildings to the front of buildings. 6.8.17 Parking. The requirements of this Section supersede the parking requirements of Section 7.2 "Off -Street Parking, Loading and Stacking" regulations of the City's Unified Development Code; however, all other requirements of Section 7.2 shall apply. A. All new off-street parking lot areas must be oriented to a side- or rear -yard (Fig. 6.8.17.A). C:\Documents and Settings \DeborahWB.CCPD1 \My DocurppQts.\Federal Grant Ordinances\8-7-11.Sec. 6.8 Mixed -Use Overlay District.DWBFinal.doc .5 2tSS § 6.8 Mixed Use Overlay District Figure 6.8.17.A 0 (a) (b) (c) Pedestrian -Oriented Street GOOD Page 15 of 23 Li L Parking Lot 0 J Pedestrian-Orierded Street ACCEPTABLE Pedestrian -Oriented Street UNACCEPTABLE B. New parking lot areas cannot be located on a corner lot fronting a pedestrian -oriented street. C. New parking lot areas may not be located between a pedestrian -oriented street (i.e. Streetscape Zone Freeway,. Arterial, or Collector Street) and the primary building. D. Parking lot areas on adjoining neighborhood commercial lots shall be connected, whenever practicable. E. Landscape screening is required between a side yard parking lot and a pedestrian sidewalk (Fig. 15 (b)_ above), unless located adjacent to an alley, or located behind the principal building (Fig. 15(a) above), and must include shade trees acceptable under the City's Landscaping Ordinance. F. Rear Parking Allowance. Parking for non-residential uses fronting a Freeway, or Arterial right-of-way shall make every attempt to locate the new required parking spaces behind the rear facade of the principal building (Figs.6.8.17.F). Figures 6.8.17.F. Cwtvsnbodad Padang ad Access G4niigeaalion Preferred Pbidq sad Amen Conrigvirtion C:\Documents and Settings\DeborahWB.CCPD11My Doctsnrs\Federal Grant Ordinances\8.7-11.Sec. 6.8 Mixed -Use Overlay District.DWBFinal.doc § 6.8 Mixed Use Overlay District THIS Page 16 of 23 OR THIS Big Box Aaron. aoaQo tq.A Atte Ire planet a large fomnt alorarninu linear rata 1 io impinge itafreartaceiaia strati 1. Off-street surface parking areas constructed and located behind the principal buildings which are screened from the view of the Freeway or Arterial Street by the principal building shall be exempt from the parking lot landscape screening requirements of the City's Landscaping Ordinance except along the rear property line when a residential development is located across a street or abuts the rear parking lot. 2. For every parking space provided behind a principal building fronting a Freeway or Arterial right-of-way, one parking space may be deducted from the total minimum number of parking spaces required onsite for the use (1:2 ratio, one rear parking_ space provided for every two spaces required onsite). 3. Where parking is provided behind the principal structure on Freeways or Arterial Streets, the front yard setback for the business or office may be reduced to a minimum of 10 feet, regardless of the requirements for the district in which it is located, provided that the front 10 -foot yard of the business or office is supplied with a 10 -foot pedestrian -friendly sidewalk. 4. All parking areas provided behind the principal use must be provided with safety lighting, in accordance with the lighting standards of the Illuminating Engineering Society of North America's (IESNA) "Guideline for Security Lighting for People,_ Property, and Public Spaces" and shall be shielded. G. At a minimum, the following parking shall be provided for a mixed use development: C:\Documents and Settings \DeborahWB.CCPD1 \My Docytn,@ys\Federal Grant Ordinances\8-7-11.Sec. 6.8 Mixed -Use Overlay District.DWBFinal.doc 3 L U § 6.8 Mixed Use Overlay District Page 17 of 23 1. Parking for medical, non-medical, retail, commercial, or professional office space shall be in accordance with the parking requirements of Section 7.2.2.D 2. Townhomes, brownstones, duplexes, live/work units and each apartment within a mixed-use building shall require a minimum of one off-street parking space per dwelling unit, with a maximum of two off-street parking spaces per unit, unless other requirements are provided under a Special Overlay District or other Development Concept Overlay District. H. Parking Garage Structures. Where off-street parking facilities in above -grade structures are proposed within a Mixed Use Special Overlay development, the above grade structures shall comply with the following standards: 1. Where above -ground parking structures must front on an Arterial or Collector retail or commercial street, a continuous street-frontinq ground level commercial office, or institutional spaces and uses shall be provided, except at ingress and egress points into the structure and any required ventilation (Fig. 6.8.17.H.1). Figure 6.8.17.H.1. PARKING DECK 2. Parking structures shall be visually similar in character and scale to adjacent buildings. 3. Except on sides abutting an alley_or Collector Street, all floors above the ground floor of the parking structure shall have architecturally articulated facades designed to screen the view of parked cars (Fig. 6.8.17.H.3), or be designed as an enclosed structure above and along the retail, commercial, or professional office Arterial frontage. C:\Documents and Settings\DeborahWB.CCPD1\My Docurpept\Federal Grant Ordinances\8-7-11.Sec. 6.8 Mixed -Use Overlay District.DWBFinal.doc 3 LL § 6.8 Mixed Use Overlay District Page 18 of 23 Figure 6.8.17.H.3. 4. Design of Entries/Access. Vehicle entries to off-street parking structures shall be oriented away from the primary Arterial Street frontage. 6.8.18 Loading Areas. Loading and service areas shall be located in interior side yards or rear yards only. The number of loading spaces required for a mixed use development shall be based on the square footage of the Commercial or Professional Office use alone and in accordance with the standards of Section 7.2. 6.8.19 Servicing and Solid Waste Collection. In order to preserve the pedestrian orientation of the storefront or pedestrian retail area, all servicing, loading, and solid waste collection shall take place off-street away from pedestrian walkways, generally in dumpsters or individual receptacles provided in an alley, or rear access drive, and shall not be directly viewed from a public sidewalk. Solid waste containers located within direct view of a public sidewalk may require screening or relocation. Screening structures shall be designed so they it complement and blend with the design of the main building. All trash receptacles and areas shall follow the standards of Sections 7.10.2 and 7.10.3. 6.8.20 Fencing. A. Prominent facades on street -facing units may not be concealed behind high walls, solid fencing, or privacy fences that provide less than 50% transparency, forward of the front facade of the building (Figs. 6.8.20.A). C:\Documents and Settings\DeborahWB.CCPD1\My Doe3iQMFederal Grant Ordinances\8-7-11.Sec. 6.8 Mixed -Use Overlay District.DWBFinal.doc § 6.8 Mixed Use Overlay District Fi • ures 6.8.20.A. Page 19 of 23 B. Residential units consisting of courtyards and entrances located rearward of the "build -to" line may not be concealed behind high walls, solid fencing, or privacy fences that provide less than 50% transparency (Fig. 6.8.20.B). Fi • ure 6.8.20.B. C. Lower solid fencing, solid landscaping, and walls not exceeding 4 feet in height, or decorative iron fences no greater than 7 feet in height are acceptable (Fig. 6.8.20.C). Fi, ure 6.8.20.C. C:\Documents and Settings\DeborahWB.CCPD1\My Docugi n \Federal Grant Ordinances\8-7-11 Sec 6 8 Mixed -Use Overlay District.DWBFinal.doc § 6.8 Mixed Use Overlay District Page 20 of 23 6.8.21 Accessory Structures. A. Accessory dwelling units are not permitted within a mixed- use development. B. Detached or attached garages are permitted for residential uses, provided the footprint square footage of the garage is included in the total square footage of the lot and does not impose upon the open space requirements of the underlying Zoning District or the requirements of Section 6.8.12 where required. C. Common garages are permitted and encouraged in a mixed- use development and the footprint square footage of the garage must be included in the total square footage of the lot and must not exceed the open space requirement of the underlying Zoning District or the requirements of Section 6.8.12 where required. D. All accessory structures permitted within the applicable Zoning District shall be permitted within a mixed-use development, with the exception of billboards, off -premise signs, and telecommunication facilities/structures. 6.8.22 Application Requirements. In addition to the requirements that generally apply to development applications, the applicant for mixed use development shall also provide the following information when submitting a site plan for the development: 1. Pedestrian connection plan (sidewalk dimensions). 2. Streetscape improvements, dimensions, and additions where required. 3. A plan for any revision of the interior circulation. 4. Landscaping plan. 6. Open space locations and calculations. 6. Density and building dimension calculations. 7. Labeling of residential, commercial, professional office, and Live -Work units where applied. 8. The locations of all setbacks. 9. Lighting plan. 10. Signage Plan. 6.8.23 Procedures and Criteria for Alternative Compliance. Alternative compliance is a procedure that allows development to occur where the intent of the Unified Development Code and the design standards for mixed use are met through an alternative design. It is not a general waiver of regulations. Rather, it permits a site-specific plan to incorporate an alternative design that is equal to or better than the strict application of a design standard in C:\Documents and Settings \DeborahWB.CCPD1\My Docugt rfls\Federal Grant Ordinances\8-7-11.Sec. 6.8 Mixed -Use Overlay District.DWBFinal.doc — § 6.8 Mixed Use Overlay District Page 21 of 23 meeting the intent of both the zoning district and the applicable standard. If a concept plan or development plan is to include a request for approval of alternative compliance, a pre -submittal conference is required to determine the preliminary response from the City's Development Services Department ACM or designee. Based on that response, the application for a conceptual plan or development plan shall include sufficient explanation and justification, in both written and graphic form, for the alternative compliance requested. A request for approval of alternative compliance may include proposed alternatives to one or more design standards. To grant a request for alternative compliance the following criteria must be met: 1. The proposed alternative achieves the intent of the subject design standard to the same or better degree than the subject standard. 2. The proposed alternative achieves the mixed-use goals and policies in the Mixed -Use Overlay District Ordinance to the same or better degree than the subject standard. 3. The proposed alternative results and how they benefit the community and how they are equivalent to or better than, compliance with the subiect design standard. Alternative compliance shall apply tothe specific site for which it is requested and does not establish a precedent for assured approval of other requests, or the entire development plan, or future developments. 6.8.24 Change of Use. Once a multiple lot or single lot mixed-use development is constructed and occupied, changes in tenants may bepermitted, but the owner or owners of the mixed use development shall not violate or allow the violation of the land use mix provisions of this Section through subsequent leases. In order to enforce the provisions of this Section, the City may require an applicant to file a business registration notice with the City when leasing or owning a space within a mixed use development and submit sufficient information to show that the residential use shall remain within the mixed-use building, and that it complies with this Section when considering other uses within the redevelopment. The City shall not approve a business registration or certificate of occupancy for a use of building space (other than a residential mixed-use), that violates the provisions of this Section or any approval of development pursuant to this Section. C:\Documents and Settings \DeborahWB.CCPD1\My Documents\Federal Grant Ordinances \8-7-11.Sec. 6.8 Mixed -Use Overlay District.DWBFinal.doc —35- § 6.8 Mixed Use Overlay District Page 22 of 23 SECTION 2. That the UDC and corresponding Zoning Map of the City of Corpus Christi, Texas, effective July 1, 2011, 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 3. That to the extent that this amendment to the UDC represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as amended by this ordinance. SECTION 4. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. 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 may not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph; subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable as provided in Section 1.10.1 and/or Article 10 of the UDC. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. This Ordinance shall take effect upon and after publication of this Ordinance. Signatures on next page. C:\Documents and Settings\DeborahWB.CCPD1\My Docugi nFederal Grant Ordinances\8-7-11.Sec. 6.8 Mixed -Use Overlay District.DWBFinal.doc 33 LL UO § 6.8 Mixed Use Overlay District Page 23 of 23 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 David Loeb Chris Adler John E. Marez Larry Elizondo, Sr. Nelda Martinez Kevin Kieschnick 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 David Loeb Chris Adler John E. 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 as to form only: September 8, 2011. For Carlos Valdez, City Attorney eborah Walther B Assistant City Attorney C:\Documents and Settings\DeborahWB.CCPD1\My Documents\Federal Grant 0rdinances18-7-11.Sec. 6.8 Mixed -Use Overlay District.DWBFinal.doc —3 2 7— § 6.11 Uptown -Downtown Mixed -Use Special (MUS) 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. WHEREAS, the Corpus Christi Comprehensive Plan encourages high quality retail development within the Central Business District; WHEREAS, the Corpus Christi Comprehensive Plan recognizes that high-density residential development is crucial to the continued redevelopment of the Central Business District and should be encouraged, along with hotel and motel development to help establish a core residential population that will serve to support further commercial growth and redevelopment in the Central Business District; WHEREAS, the Corpus Christi Comprehensive Plan recognizes that the installation of unique signage and street furniture can create an ambience in the Central Business District that will draw people into the area, and help to establish the Central Business District area as a gathering space; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, August 3, 2011, during meetings of the Planning Commission, and on Tuesday, October 18, 2011, during meetings 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; WHEREAS, the City Council has determined that this amendment to the Unified Development Code (UDC), would best serve the general welfare of the City and its citizens by providing a regulatory base for more sustainable communities by ensuring compatibility in development; maintaining consistency and character; and ensuring growth in an orderly and desirable manner that will preserve the public health and safety; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the Corpus Christi Zoning Ordinance is amended by adding a new Section 6.11 entitled "Uptown -Downtown Mixed -Use (MUS) Special Overlay District" to read as follows: —328— § 6.11 Uptown -Downtown Mixed -Use Special Overlay District Page 2 of 6 4 6.11 Uptown -Downtown Mixed -Use IMUS) Special Overlay District. 6.11.1 Purpose. This Ordinance shall hereby establish a Mixed Use Special Overlay District and boundary within the Uptown and Downtown areas of the City of Corpus Christi. All mixed-use development incorporating residential uses within the established district shall be developed and constructed and afforded the permitted uses in accordance with the Mixed Use Overlay District Standards of Section 6.8. 6.11.2 Application. The standards of this Section shall apply to all mixed-use development incorporating residential uses and proposed within the Uptown and Downtown "Cl" Intensive Commercial, "CBD" Downtown Commercial, and "CR -1" Resort Commercial Bayfront Zoning Districts where a residential mixed-use development is proposed. A. Uptown -Downtown Mixed Use Special Overlay District Boundary. For the purpose of this Ordinance, the standards provided for the Uptown and Downtown areas shall apply to the areas and lots zoned as "Cl", "CBD", and "CR -1" Zoning Districts within the following boundaries (See Fig. 6.11.2.A, "Map of the Uptown -Downtown Mixed Use (MUS) Special District Boundary"): Northern -most Boundary: Land south of the Ship Channel Eastern Boundary: Corpus Christi Baj Southern Boundary: Furman Avenue, west to Water Street Western Boundary Line: 1From South to North) From Furman Avenue north on Water Street to, and in line with Coleman Street; west on Coleman Street, north on Upper South Broadway to Kinney Street; west on Kinney Street to North Tancahua Street; north on Tancahua Street to Lipan Street; West on Lipan Street (including lots abutting Lipan Street to the north and south of Lipan Street) to Highway 286/Crosstown Expressway North on Highway 286/Crosstown Expressway to Mestina Street; West on Mestina Street across Highway 286/Crosstown Expressway west to North Port Avenue; North on North Port Avenue to Interstate 37 Freeway; following Interstate 37 east and north (and including areas to the south of Interstate 37) to U.S. Highway 181; North on U.S. Highway 181 to the Ship Channel. —329— C:\Documents and Settings\DeborahWB.CCPD1\My Documents\Federal Grant Ordinances\8-7-11 Sec 6 11 Uptown. § 6.11 Uptown -Downtown Mixed -Use Special Overlay District Page 3 of 6 Fi • ure 6.11.2.A. U • town -Downtown MUS Overla District Bounda Ma Uptown -Downtown Mixed -Use Special Overlay District Botiiidary -330— C:\Documents and Settings\DeborahWB.CCPD1\My Documents\Federal Grant Ordinances \6-7-11.Sec. 6.11 Uptown- § 6.11 Uptown -Downtown Mixed -Use Special Overlay District Page 4 of 6 6.11.3 Uptown -Downtown (MUS) Special Overlay District Standards. Mixed-use development incorporating residential uses and proposed within the Uptown -Downtown MUS Special Overlay District boundaries shall follow the Mixed -Use Overlay District Development Standards of Section 6.8 with the following additional requirements, exceptions, and incentives: A. The establishment of awnings, arcades, porticos, and marquees within the Uptown -Downtown MUS Special Overlay District boundary shall be permitted under a Use Privilege Agreement with the Cit However, the annual Use Privilege Agreement Fee for awnings, arcades,porticos, and marquees located within the boundaries of this District shall be waived. B. Awnings must be constructed in accordance with the standards outlined under Section 6.13.1(D), and in compliance with the standards outlined under the awning definition provided under Section 1.11.3 of the Unified Development Code. C. A Streetscape Zone in accordance with the standards outlined under Section 6.13 shall be provided for all residential mixed-use development proposed within the Uptown -Downtown MUS Special Overlay District boundaries located on an Arterial or Collector Street. D. Although the. new parking area location standards of Section 6.8.17 shall apply for all residential mixed-use development, no additional parking above what is currently present onsite shall be required for residential mixed -Use development proposed within the Uptown -Downtown (MUS) Special Overlay District, provided that any existing available parking onsite is not reduced; E. Where the underlying zoning district requires fewer parking spaces for uses proposed within the mixed-use building, the parking space areas above what is required by the underlying zoning district may be used in the development of the mixed-use building. F. In no case shall the required number of accessible parking spaces constructed in accordance with the Americans with Disabilities Act construction standards be reduced. G. There shall be no minimum lot area for a residential mixed- use development within the Uptown -Downtown Special Mixed Use District boundary, provided that the remaining minimum lot widths, required yard dimensions, and the —331— C:\Documents and Settings \DeborahWB.CCPD1\My Documents\Federal Grant Ordinances\8-7-11.Sec. 6.11 Uptown- § 6.11 Uptown -Downtown Mixed -Use Special Overlay District Page 5 of 6 minimum open space standards of Section 6.8.8 and 6.8.9 of the Mixed Use Overlay District Ordinance are met. SECTION 2. That the UDC and corresponding Zoning Map of the City of Corpus Christi, Texas, effective July 1, 2011, 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 3. That to the extent that this amendment to the UDC represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as amended by this ordinance. SECTION 4. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. 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 may not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable as provided in Section 1.10.1 and/or Article 10 of the UDC. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. This Ordinance shall take effect upon and after publication of this Ordinance. Signatures on next page. —332— C:\Documents and Settings \DeborahWB.CCPD1\My Documents\Federal Grant Ordinances\6-7-11.Sec. 6.11 Uptown. § 6.11 Uptown -Downtown Mixed -Use Special Overlay District Page 6 of 6 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 David Loeb Chris Adler John E. Marez Larry Elizondo, Sr. Nelda Martinez Kevin Kieschnick 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 David Loeb Chris Adler John E. 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 as to form only: September 8, 2011. For Carlos Valdez, City Attorney By: orah Walther Brow sistant City Attorne —333— C:\Documents and Settings\DeborahWB.CCPDI\My Documents\Federal Grant Ordinances\6-7-11.Sec. 6.11 Uptown- § 6.12 Target Area Redevelopment Special (TARS) 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 conflicting ordinances; Providing for severance, penalties, publication and an effective date. WHEREAS, the Corpus Christi Comprehensive Plan promotes the rehabilitation of deteriorating housing which will promote better quality living environments and enable older neighborhoods to remain viable; WHEREAS, the Corpus Christi Comprehensive Plan promotes infill development of vacant lots to improve economic viability through incentives to attract private investors; WHEREAS, the Corpus Christi Comprehensive Plan recognizes that although some City business districts have declined due to decentralization or relocation of business, some still have a strong market potential to compete effectively if renovated or rehabilitated; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, August 3, 2011, during meetings of the Planning Commission, and on Tuesday, October 18, 2011, during meetings 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; WHEREAS, the City Council has determined that this amendment to the Unified Development Code (UDC), would best serve the general welfare of the City and its citizens by providing a regulatory base for more sustainable communities by ensuring compatibility in development; maintaining consistency and character; and ensuring growth in an orderly and desirable manner that will preserve the public health and safety; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the Corpus Christi Unified Development Code is amended by adding a new Section 6.12 entitled "Target Area Redevelopment Special (TARS) Overlay District" to read as follows: 4 6.12 Target Area Redevelopment Special Overlay District. 6.12.1 Purpose. The purpose of the standards of this Ordinance is to provide for alternative development options within areas of the city which have been "targeted" for rehabilitation and redevelopment through the C:1Documents and Settings \DeborahWB.CCPD1\My DecreepillsWederal Grant Ordinances16-7-11.Sec. 6.12 Target Area Redevelopment Special (TARS) Overlay District.DWBFinal.doc § 6.12 Target Area Redevelopment Special (TARS) Overlay District Page 2 of 7 adoption of Area Development Plans, Destination Node Plans, and the City's Comprehensive Plan. Designated Target Areas may utilize any of the alternative development concepts offered under Section 6.12.3 below to promote revitalization of economically distressed neighborhoods while providing additional employment opportunities for residents within those neighborhoods, thereby decreasingdependence on the automobile and promotinq_energy efficiency and natural resource conservation goals. 6.12.2 Target Areas Defined. A. Target Areas, (which may also be referred to as Target Zones or Destination Nodes), are areas defined within the City's Comprehensive Plan, adopted Area Development Plan (ADP), or designated as a planned redevelopment area by the City. The planned area must include specific street or neighborhood boundaries outlined, and intended as a focal area for rehabilitation or redevelopment. Target Areas chosen for rehabilitation or redevelopment must detail the area boundaries through maps and description in order to be utilized as a Target Area. B. Target Area Boundaries shall be designated and set by the policies of the City's Comprehensive Plan, Area Development Plans, and through review and appointment by the City Council. The City Council may designate an area as a Target Area, Target Zone, or Destination Node, anywhere within the City limits where redevelopment, infill development, or specific development concepts or techniques are determined to promote such development. C. Rehabilitation and redevelopment of a Target Area may, and should, include financial incentives for funding through Neighborhood Block Grants, Tax Increment Financing, Tax Abatement, Tax Incentives, or any other Local, State or Funding options available. D. An applicant interested in taking advantage of the financial incentives within any of the City's established Target Areas should contact the City's Development Services Department for assistance in identifying the Target Areas currently established within the City limits. 6.12.3 Development within a Target Area. A. When any of the following development concepts are applied to a Target Area, Target Zone, or Destination Node the development incentives and standards listed under each H:\PLN-DIR\SHARED\1. Planning Commission\2011 CC\July 2011\ New Draft Ordinances -UDC Amendments \§6.12 Target Area Redevelopment Special (TARS) Overlay District.doc —335— § 6.12 Target Area Redevelopment Special (TARS) Overlay District Page 3 of 7 development concept shall be applied to the development or redevelopment area: 1. Mixed -Use Overlay District Development (§ 6.8) 2. Neighborhood Mixed -Use Development (§ 7.11) 3. Adaptive Re -Use Development (§ 7.12) 4. Clustered Development Overlay District (§ 6.7) 5. Traditional Neighborhood Development Overlay District (§ 6.9) 6. Transit -Oriented Development Overlay District (§ 6.10) 7. Cottage Housing District Development (§ 4.7) B. Development or redevelopment under one of the development concepts above must follow the standards of the Ordinance established for each development concept. Where a conflict exists between the standards and incentives of one of the development concepts listed above and an underlying zoning district or other standards of the Unified Development Code, the incentives and standards adopted within a Development Concept Overlay or Special Overlay District Ordinance shall prevail and be utilized. 6.12.4 Target Area Development Criteria. In order for an area to be approved as a Target Development or Redevelopment Area, the Council must find that the proposed Target Area meets a minimum of 4 of the Goals listed below: A. Goals. Four or more of the following Goals shall be met by the proposed area in order to be considered and designated as a Target Redevelopment Area or a designated Destination Node: 1. The area is considered a blighted area consisting of deteriorated buildings and/or infrastructure, 2. The area consists of public health or safety threats to the physical well-being_ of area residents and visitors, such as areas with high incidents of personal or property crimes, or fire hazards. 3. The area has been identified as an area with unmet housing needs, with the potential of a net gain in affordable and/or accessible housing units. 4. The area lacks shopping opportunities and personal services to meet the needs of the residents of the area. H:\PLN-DIR\SHARED\1. Planning Commission\2011 CCWuIy 2011\ New Draft Ordinances -UDC Amendments \§6.12 Target Area Redevelopment Special (TARS) Overlay District.doc —336— § 6.12 Target Area Redevelopment Special (TARS) Overlay District Page 4 of 7 5. The area is considered an environmental health hazard, or brownfield. 6. The area has the potential to induce private investment in surrounding properties resulting in a significant number of new, quality lobs for lower-income residents of the project area, and improve income/wage levels in the community. 7. The area and future development will maximize the leveraging of redevelopment funds with private debt and equity, and other governmental funds. 8. The area or future development will establish recapture of redevelopment investment through: a. Increase in property values b. Increase sales tax revenue c. Repayment of redevelopment funds over time 9. The area will have a direct impact on, and increase tourism, especially those projects that will increase off- peak and mid -week visits. 10. The proiect(s) will promote City Council -adopted community priorities, or enhance a prior City investment. B. Objectives. Development proiects proposed within an established Target Redevelopment Area or Destination Node shall, at a minimum, meet one of the objectives listed below: 1. The proposed development is comprised of a mix of uses in a variety of building sizes and heights, and if a larger project, offer a "village" or "lifestyle center" site and building design. 2. The revitalization plan includes a strong urban design component providing a "sense of place" and ensures that buildings front on the street, and connect the street to activities inside. Such elements may include, but are not limited to, street -oriented storefronts, outdoor eating and dining areas, and outdoor public amenities, such as artwork, fountains, plazas and seating. (Proiects with the greatest mix of uses, i.e., retail/service, residential, lodging, and office space will be given priority). H:\PLN-DIR\SHARED\1. Planning Commission \2011 CC\July 2011\ New Draft Ordinances -UDC Amendments 1§6.12 Target Area Redevelopment Special (TARS) Overlay District.doc —337— § 6.12 Target Area Redevelopment Special (TARS) Overlay District Page 5 of 7 3. The proposed development is Transit -Oriented Development in design and concept and either in proximity to a transit center, or proposes to provide connection between an area and an existing or proposed transit center. 4. The proposed development is a mixed use Traditional Neighborhood design and concept, promoting a pedestrian -oriented development. 5. The project is an Adaptive Reuse of a structure that will reduce vacancy rates in a commercial, industrial, or residential structure. 6. The project provides a minimum of 10% of the development as affordable and/or accessible housing. 7. The project includes training services and/or provides additional social services for the community. 8. The project is a sustainable proiect that incorporates LEED certified building materials, energy efficient appliances, alternative energy sources, or energy- efficient building techniques to conserve energy within the project boundaries or area. 9. The project proposes stormwater management techniques onsite in accordance with Best Management Practices to offset a minimum of 75% of the post - development stomiwater runoff associated with the development of the proiect. SECTION 2. That the UDC and corresponding Zoning Map of the City of Corpus Christi, Texas, effective July 1, 2011, 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 3. That to the extent that this amendment to the UDC represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as amended by this ordinance. SECTION 4. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. 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 may not affect any other section, paragraph, subdivision, clause, phrase, word or HAPLN-DIR\SHARED\1. Planning Commission \2011 CCU* 2011\ New Draft Ordinances -UDC Amendments \§6.12 Target Area Redevelopment Special (TARS) Overlay District.doc —338— § 6.12 Target Area Redevelopment Special (TARS) Overlay District Page 6 of 7 provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable as provided in Section 1.10.1 and/or Article 10 of the UDC. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. This Ordinance shall take effect upon and after publication of this Ordinance. Signatures found at next page. H:\PLN-DIR\SHARED\1. Planning Commission\2011 CC\July 2011\ New Draft Ordinances -UDC Amendments \§6.12 Target Area Redevelopment Special (TARS) Overlay District.doc —339— § 6.12 Target Area Redevelopment Special (TARS) Overlay District Page 7 of 7 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 David Loeb Chris Adler John E. Marez Larry Elizondo, Sr. Nelda Martinez Kevin Kieschnick 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 David Loeb Chris Adler John E. 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 as to form only: September 8, 2011. For Carlos Valdez, City Attorney B of orah Walther Brow sistant City Attorne H:\PLN-DIR\SHARED\1. Planning Commission\2011 CC\July 2011\ New Draft Ordinances -UDC Amendments \§6.12 Target Area Redevelopment Special (TARS) Overlay District.doc —340— § 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. WHEREAS, the Corpus Christi Comprehensive Plan promotes an active street life atmosphere through the incorporation of unique signage and street furniture in the Central Business District; WHEREAS, the Corpus Christi Comprehensive Plan recognizes the need to rejuvenate streets, by providing sidewalks, lighting, landscaping and street furniture for both safe passage and visual relief; as well as the use of pedestrian amenities such as trash containers, informational signs and crosswalks to encourage maximum use of pathways; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, August 3, 2011, during meetings of the Planning Commission, and on Tuesday, October 18, 2011, during meetings 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; WHEREAS, the City Council has determined that this amendment to the Unified Development Code (UDC), would best serve the general welfare of the City and its citizens by providing a regulatory base for more sustainable communities by ensuring compatibility in development; maintaining consistency and character; and ensuring growth in an orderly and desirable manner that will preserve the public health and safety; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the Corpus Christi Unified Development Code is amended by adding a new Section 6.13 entitled "Streetscape Zone Standards" to read as follows: $ 6.13 Streetscape Zone Standards. 6.13.1 Streetscape Zone and Pedestrian Amenities. Where a Streetscape Zone is required for a proposed development the following standards shall be incorporated into the project design: Y:\PLANNING COMMISSION\ City Council\Ordinances-UDC Amendments\§ 6.13 Streetscape Zone Standards.doc —341— § 6.13 Streetscape Zone Standards Page 2 of 15 A. Building Setbacks. To encourage pedestrian -friendly streets by bringing buildings close to pedestrian sidewalks and streetscapes, there shall be a 0 -foot "build -to" line for development requiring a Streetscape Zone. Structures shall be built to the property line (0 -foot build -to line), except as necessary to allow room for outdoor seating, outdoor dining areas, outdoor sales and displays, landscaping, entryways, and similar pedestrian and customer amenities. B. Sidewalks. Sidewalks are required as part of a Streetscape Zone as follows: 1. A continuous minimum 10 -foot pedestrian walkway shall be provided along all building walls located adiacent to an Arterial or Collector Street. 2. Sidewalks on all lesser classified streets must have a minimum width of 5 feet. 3. Clear Zone. A minimum "Clear Zone" of 5 feet shall be provided for all public sidewalks and shall remain unobstructed for pedestrian use (Fig. 6.13.1.8.3). Figure 6.13.1.8.3. n N im N m A N d O Width Varies Vehicular Zone Ft. Min. Sidewalk Width a Bulld-To Area Varies 4. All sidewalks must be compliant with the Americans with Disabilities Act construction standards. 5. Sidewalks shall keep as much as possible to the natural path of travel parallel to the improved roadway (but do not need to be perfectly straight), and ideally_ align with the crosswalk. C:\Documents and Settings \DeborahWB.CCPDI\My Docilgalne.\Eederal Grant Ordinances \8-7-11.Sec. 6.13 Streetscape Zone Standards.DWBFinal.doc § 6.13 Streetscape Zone Standards Page 3 of 15 6. Additional sidewalk widths may be required at mail boxes street light poles, at drop-off and pick- up points, etc., in order to conform to the requirements of the Americans with Disabilities Act or other public safety requirements. C. Street Furniture/Landscaping Zone. The Street Furniture/Landscape Zone of the pedestrian walkway includes the width of the back of the curb, and is defined as the area between the roadway curb face and the front edge of the 5 -foot Clear Zone walkway (Fig. 6.13.1.63). 1. The Street Furniture/Landscaping Zone buffers pedestrians from the adiacent roadway and is the appropriate location for street furniture, art, and landscaping. The zone is also the preferred location for street trees, and other elements such as pedestrian lighting, transit shelters, transit signage, benches, litter receptacles, and pedestrian scaled lighting (Figs. 6.13.1.C.1). Figures 6.13.1.C.1. Street Furniture, Planters, and Lightin C:\Documents and Settings \DeborahWB.CCPD1\My DDSJlgnta\Federal Grant Ordinances\8-7-11.Sec. 6.13 Streetscape Zone Standards.DWBFinal.doc § 6.13 Streetscape Zone Standards Solar Tree Lam • s Page 4 of 15 2. The Street Furniture/Landscape Zone width may be required to be increased in locations adjacent to high and intermediate capacity transit stations. D. Awnings. 1. Where non-residential buildings are located along the first floor of an Arterial or Collector Street, canopies, awnings, marquees, or porticos shall beprovided jFigs. 6.13.1.D.1) C:\Documents and Settings\DeborahWB.CCPDI\My Decarile4tekFederal Grant Ordinances\6-7-11.Sec. 6.13 Streetscape Zone Standards.DWBFinal.doc § 6.13 Streetscape Zone Standards Fi, ures 6.13.1.D.1 Page 5 of 15 enccce VILLFGE catzrrt Po C:\Documents and Settings \DeborahWB.CCPD1\My Documents\Federal Grant Ordinances\8-7-11.Sec. 6.13 Streetscape Zone Standards.DWBFinal.doc -345- § 6.13 Streetscape Zone Standards Page 6 of 15 2. Awnings shall require a Use Privilege Agreement with the City and must be compliant with the standards of the definition of an "awning" provided under Section 1.11.3. 3. Awning Dimensions. a. Depth. The awning canopy may not extend any further than within 1 foot measured from the face of the curb. b. Awning supports may not be located within 5 feet measured from the face of the curb. c. Height. The vertical dimension between the underside of a canopy or awning and the sidewalk shall be at least 7 feet and no more than 12 feet (Fig. 6.13.1.D.3). Figure 6.13.1.D.3 t--- 1 Ft. Min. I Distance "P‘" From Curb 7-12 Ft. Height From Sidewalk 4. The total signage on an awning or umbre la shall not exceed 20% of the area of the awning or umbrella. E. Windows. 1. Ground level non-residential uses shall provide large display windows along a minimum of 40% of their horizontal length (black, mirrored, or other opaque surfaces cannot be used), that are designed to meet the State commercial energy efficiency construction requirements. C:\Documents and Settings \DeborahWB.CCPD1\My DoeSnar6sWederal Grant Ordinances\8-7-11.Sec. 6.13 Streetscape Zone Standards.DWBFinal.doc § 6.13 Streetscape Zone Standards Page 7 of 15 2. Display windows located on the front facade of a ground floor non-residential use shall be transparent to the extent that the window allows views into and out of the interior (Fig. 6.13.1.E.2). Figure 6.13.1.E.2. { E V t Retail Transparency 3. On facades greater than 100 feet in length, measured horizontally, which face an Arterial or Collector Street, no horizontal wall shall extend for a distance greater than three times its height without a change in elevation of a minimum of 15% of such height. This height change shall continue for a minimum of 20% of the length of either adjacent plane. The adaptive reuse of an existing building shall not be required to adhere to this requirement, and the locations of existing windows shall be permitted to remain. 4. At no time shall any windows within a building located along a required Streetscape Zone be boarded up, except for in preparation of a declared weather emergency. 5. No permanently installed burglar bars shall be visible from any public street. The ground floor nonresidential portion of a mixed use building may install fully retractable metal security screening or storm shutters that secure windows and doors when the nonresidential portion of the mixed use building is not open for business, and must not be visible during business hours. (Figs. 6.13.1.E.5) C:\Documents and Settings\DeborahWB.CCPD1\My Doq n egts\Federal Grant Ordinances\B-7-11.Sec. 6.13 Streetscape Zone Standards.DWBFinal.doc 4 / § 6.13 Streetscape Zone Standards Figures 6.13.1.E.5. Permitted Security Screening. Page 8 of 15 F. Outdoor Dining Areas. 1. Outdoor dining areas are permitted through a Use Privilege Agreement and fee with the City on public sidewalk areas when adiacent to, and directly abutting a restaurant located in a building, provided that the outdoor dining area may not reduce the public sidewalk width to less than 5 feet or obstruct the required Clear Zone (Fig. 6.13.1.F.1). Fi. ure 6.13.1.F.1. 2. The front building line of any commercial use may be extended further within the property line boundary to incorporate .an outdoor dining use, provided that the minimum 5 -foot public sidewalk Clear Zone is maintained. C:\Documents and Settings\DeborahWB.CCPD1\My Documents\Federal Grant Ordinances \B-7-11.Sec. 6.13 Streetscape Zone Standards.DWBFinal.doc —348— § 6.13 Streetscape Zone Standards Page 9 of 15 3. Tables, chairs, umbrellas, and similar items that are not permanently installed structures shall be stored in the interior of the restaurant or in similar enclosed area so that a minimum Clear Zone of 5 feet is unobstructed when the outdoor dining area is not in use due to inclement weather, or when the restaurant is closed. G. Displays and Equipment. 1. Outdoor displays, sales, and service lin connection with a vegetable stand, news stand, a permitted vendor, farmers market, cafe, or restaurant) may take place on an outdoor patio or sidewalk, provided that no display or sales shall be allowed to block the required 5 -foot Clear Zone of the sidewalk. 2. The outdoor displays, sales, and service outlined under (G)(1) above shall require a Use Privilege Agreement with the City. 3. All booths, stalls, carts, outdoor display items or other equipment utilized for outdoor display, sales, or food and beverage service at the close of business each day shall be removed or immobilized and secured so as to prevent it from becoming a public safety hazard, nuisance or security risk. 4. Roof -mounted equipment. Roof -mounted equipment shall be completely screened from public views from the ground elevation. H. Signs. Signs shall be designed for visual communication and orientation to the pedestrians and slow-moving vehicular traffic crossing pedestrian sidewalks as follows: 1. Hanging or Blade signs are permitted and shall be placed perpendicular to the facade, located above or adjacent to the entrance and visible to pedestrian circulation on adiacent sidewalks (Figs. 6.13.1.H.1). 2. Canopy signs are permitted and shall be oriented perpendicular or parallel to the facade, typically located above or adjacent to the entrance and visible to pedestrian circulation on adiacent sidewalks. C:\Documents and Settings \DeborahWB.CCPD1Wly Dgau3,4r \Federal Grant Ordinances\8-7-11.Sec. 6.13 Streetscape Zone Standards.DWBFinal.doc § 6.13 Streetscape Zone Standards Figures 6.13.1.H.1. Blade Sign SLADE SIGN Page 10 of 15 Canopy Sign BALCONY r, '] ABOVE 1 Signs shall project no more than 4 feet from the building or one-third of the sidewalk width, whichever is less. 4. All signs shall maintain a minimum clearance of 7 feet above sidewalk level to the bottom of the sign. 5. Pole -mounted signs are prohibited within a Streetscape Zone and may only be used for public traffic, safety, transportation, and directional information purposes. 6. Billboards shall not be permitted within, or attached to, any structure located within Streetscape Zone. 7. Sandwich signs are permitted on sidewalks, provided that they are located adiacent to the building and are not located in, or block the sidewalk Clear Zone. 8. With the exception of the sign standards outlined under this section, all signs must meet the criteria and compliance of the standards of Section 7.5 of the City's Unified Development Code. C:\Documents and Settings\DeborahWB.CCPD1\My Dacer3sSFederal Grant Ordinances \8.7-11.Sec. 6.13 Streetscape Zone Standards.DWBFinal.doc § 6.13 Streetscape Zone Standards Page 11 of 15 Street Tree Planting Requirements. Where existing or planned sidewalks measure at least 10 feet in width, street trees shall be required as part of a Streetscape Zone along the entire building line fronting an Arterial or Collector Street, except along alleys, as follows: 1. Street trees shall be drought tolerant or semi -tolerant species and planted within the Street Furniture/Landscaping Zone area, at a maximum of 40 feet on -center and outside of the 5 -foot pedestrian Clear Zone. 2. The dimension of a tree well may be a minimum of a 5 - foot radius extending into the walk from the inside edge of the curb, forming a semi -circle or a 5' x 5' square tree well. The tree shall be a minimum size of 15 gallons in preference to boxed specimens which tend to be root bound (Fig. 6.13.1.1.2). Figure 6.13.1.1.2. Tree Trench and Tree Pit Section. Pervious Pavers or Mulch Drain Tile Connected To Storm Sewer 3. Sidewalks that do not currently measure 10 feet in width and are planned for less than 10 feet in width (as indicated under the Urban Transportation Plan) shall be provided raised bed planters or isolated planters with drought tolerant flowering plants or evergreens at a maximum of 15 feet on -center. Small ornamental trees, low shrubs and perennials are also appropriate planting material for raised planting beds (Fig. 6.13.1.1.3). C:\Documents and Settings\DeborahWB.CCPD1\My Documents\Federal Grant Ordinances\6-7-11.Sec. 6.13 Streetscape Zone Standards.DWBFinal.doc —351— § 6.13 Streetscape Zone Standards Figures 6.13.1.1.3. Raised Planting Bed Options. Page 12 of 15 4. A street wall/planter may also be used to meet street tree planting requirements and provide seating opportunities (Fig. 6.13.1.1.4). Figure 6.13.1.1.4. 5. Street Tree Planting Location Considerations. a. Planning and design of proposed tree planting sites shall take into consideration the location of overhead and underground utilities and ensure that traffic signals, signs, intersections, and vehicles are highly visible to avoid conflicts with pedestrians. b. Street tree location and placement shall take into consideration adjacent parallel parking spaces and possible damage from car doors. 6. All planting and landscaping materials shall meet the criteria of the City's Landscaping Ordinance for commercial uses. C:\Documents and Settings \DeborahWB.CCPD1\My Docug\Federal Grant Ordinances\6-7-11.Sec. 6.13 Streetscape Zone Standards.DWBFinal.doc § 6.13 Streetscape Zone Standards Page 13 of 15 J. Lighting. 1. All Streetscape Zones and parking lot areas must be sufficiently lighted in accordance with the Illuminating Engineering Society of North America's (IESNA) "Guideline for Security Lighting for People,_ Property, and Public Spaces". 2. Prohibited lighting includes mercury vapor, low pressure sodium, high pressure sodium, searchlights, and flashing or changing light sources. K. Screening and Fencing. 1. Solid fence screening shall be prohibited within a Streetscape Zone. 2. Decorative fence screening is permitted provided that the screening fence provides no less than 50% transparency (Fig. 6.13.1.K.2). Figure 6.13.1.K.2. * SECTION 2. That the UDC and corresponding Zoning Map of the City of Corpus Christi, Texas, effective July 1, 2011, 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 3. That to the extent that this amendment to the UDC represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as amended by this ordinance. SECTION 4. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. C:\Documents and Settings\DeborahWB.CCPD11My Documents\Federal Grant Ordinances\6-7-11.Sec. 6.13 Streetscape Zone Standards.DWBFinal.doc —353— § 6.13 Streetscape Zone Standards Page 14 of 15 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 may not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable as provided in Section 1.10.1 and/or Article 10 of the UDC. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. This Ordinance shall take effect upon and after publication of this Ordinance. Signatures found at next page. C:\Documents and Settings1DeborahWB.CCPD1\My Doct 3 ignts\Federal Grant Ordinances\8-7.11.Sec. 6.13 Streetscape Zone Standards.DWBFinal.doc D 4 § 6.13 Streetscape Zone Standards Page 15 of 15 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 David Loeb Chris Adler John E. Marez Larry Elizondo, Sr. Nelda Martinez Kevin Kieschnick 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 David Loeb Chris Adler John E. 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 as to form only: September 8, 2011. For Carlos Valdez, City Attorney atit •orah Walther Brod ssistant City Attorn - C:\Documents and Settings\DeborahWB.CCPD1\My Docygrgrgs\Federal Grant Ordinances\8-7-11.Sec. 6.13 Streetscape Zone Standards.DWBFinal.doc 3 §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. WHEREAS, The City's Comprehensive Plan supports the growth management goal of more efficient use of urban residential land through flexibility in density and lot standards and providing development standards to ensure compatibility with surrounding land uses; WHEREAS, the Corpus Christi Comprehensive Plan supports a range of densities to improve the affordability of housing, increase the cost effectiveness of services, and offer citizens the quality of life desired; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, August 3, 2011, during meetings of the Planning Commission, and on Tuesday, October 18, 2011, during meetings 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; WHEREAS, the City Council has determined that this amendment to the Unified Development Code (UDC), would best serve the general welfare of the City and its citizens by providing a regulatory base for more sustainable communities by ensuring compatibility in development; maintaining consistency and character; and ensuring growth in an orderly and desirable manner that will preserve the public health and safety; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the Corpus Christi Unified Development Code is amended by adding a new Section 6.14 entitled "Alternative Housing Options" to read as follows: 6.14 Alternative Housing Options. 6.14.1 Purpose. The City's Comprehensive Plan supports development that makes efficient use of land and public services, and accommodates a range of housing needs while providing for compact and compatible building and site design at an appropriate neighborhood scale which reflects the neighborhood character. The purpose of this section is to provide additional compact and affordable housing options that may not ordinarily be permitted within some of the —356— § 6.14 Alternative Housing Options Page 2 of 20 City's Zoning Districts through the use of Development Concept Overlays and Special Overlay Districts. 6.14.2 Residential Use Allowances. A. The development of the optional housing types listed under Section (B) below shall be a permitted use within the following development concepts, when developed and constructed in accordance with the standards outlined under this section and the standards listed under the ordinance for each Development Concept Overlay or Special Overlay listed: 1. Mixed Use (MU) Overlay District. 2. Uptown -Downtown Mixed Use (MUS1 Special Overlay District. 3. Target Area Redevelopment (TARS) Special Overlay District. 4. Adaptive Reuse Development Project located within the Uptown -Downtown Mixed Use Special Overlay 5. Adaptive Reuse Development Proiect located within a Target Area Redevelopment Special Overlay District. 6. Clustered Development Overlay District. 7. Traditional Neighborhood Development (TND) Overlay District 8. Transportation -Oriented Development (TOD) Overlay District. B. The following residential housing types shall be a permitted use when developed as part of one of the development concepts listed under (A) above, and within the districts listed under Tables 6.14.3.1 through 6.14.3.5 below: t Single-family attached or detached Brownstone units. Monuments and Settings\DeborahWB.CCPD1 Wly Documents\Federal Grant Ordinances\8-7-11.Sec. 6.14 Alternative Housing Option Standards.DWBFinal.doc —357— § 6.14 Alternative Housing Options 2. Single-family attached or detached Townhomes. Page 3 of 20 3. Single-family Rowhomes. 4. Two-family vertical Duplexes. 5. Two-family horizontal Duplexes. C:\Documents and Settings\DeborahWB.CCPD1\My Documents\Federal Grant Ordinances\8-7.11.Sec. 6.14 Alternative Housing Option Standards.DWBFinal.doc —358— § 6.14 Altemative Housing Options Page 4 of 20 Single-family attached or detached Live -Work dwelling units. 7. Multiple -family Lofts / Mezzanine Units. C:\Documents and Settings \DeborahWB.CCPD1\My Documents\Federal Grant Ordinances\6-7-11.Sec. 6.14 Alternative Housing Option Standards.DWBFinal.doc —359— § 6.14 Alternative Housing Options Page 5 of 20 6.14.3. Alternative Housing Permitted Districts. The residential housing types listed above shall be a permitted use in the Zoning Districts listed in Tables 6.14.3.1 through 6.14.3.5 below for each Development Concept or Special Overlay listed above, when developed in accordance with the standards listed under this Section: Table 6.14.3.1 6.14.3.2 6.14.3.3 Uptown•Downtown�,MU Special District Conventional y` Single -Family' Detached 11 or multiple One -s Family Brownstone '=-* 1 or multiple One - Family Townhome Multiple One- sses- "5 Family Rowhouses - 1 or multiple J Horizontal Duplex (same or separate lots) rrLI 1 or multiple Vertical Duplex (same lot, 1 duplex 51 per lot) sa� 1 or multiple LivelWork Units 1 or multiple Loft Units 1 or Multiple One -Family Brownstone Units RM -AT X X X X X X X X UN X X X X X X X X CN -1 X X X X X X X X CN -2 X X X X X X X X CR -1 X X X X X X X CR -2 X X X X X X X X CR -3 X X X X X X X X CG -1 X X X X X X X X CG -2 X X )( X X X X X cl x x x x x x CBD X X X X X X 6.14.3.3 Uptown•Downtown�,MU Special District �i$ "S6N.�5't z f �i . Y;s, f Live/Work Unit CR -1 CI CBD 1 or Multiple One -Family Brownstone Units X X X 1 or Multiple One -Fancily Townhome Units X RM -1 X Multiple One -Family Rowhotne Units X X X 1 or Multiple Vertical Duplex Units (same lot, 1 duplex per lot) X X X 1 or Multiple Live -Work Units X X X Multiple Apartments or Loft Units X X X Courtyard Homes X X X Table 6.14.3.4 �{ca1iN 4r W2`�fii 9 {`r`w.. am���'-`*'l3asx$,e.:lesLi-.=�u]i...�ry,��•• 1 Vertical Duplex (same lot. 1 duplex per lot) , Live/Work Unit RS -6 X X RS 4.5 X X RS -TF X X RM -1 X X RM -2 X X RM -3 X X ON X X CN -1 X X CN -2 X X CR -2 X X CR -3 X X UNIT TYPE T2 T3 T4 T5 House Lot, Villa, Estate X Zero Lot -Line X X X Cottages, Bungalows X X Brownstone (attached) X X Brownstone (detached) X X Rowhome, Townhome (attached) X X Townhome (detached) X Live -Work (attached) X X X Live -Work (detached) X X X Horizontal Duplex X Vertical Duplex X X Apartment House X Apartment, Loft, Condo Building X X Courtyard Building X X T -Court Homes X Accessory DU X X C:\Documents and Settings\DeborahWB.CCPD1\My Documents\Federal Grant Ordinances \B-7-11.Sec. 6.14AItemative Housing Option Standards.DWBFinal.doc _360— § 6.14 Alternative Housing Options Page 6 of 20 Table 6.14.3.5 UNIT TYPE xm c e am 0 e G d _ z al im z 0� i ay- MY o f R . o« « 11 3eENw Euw Eg • e `o`.rsFs `odg`y o in r-,-x0°.-?Sar- Zero Lot Line RS -6 x x x RS44.5 x * * x X RS -TF x x x x x x RM -1 x x x x x RM -2 x x x x x x RM -3 x x x x x x RM -AT x x x x x x ON x x x CN -1 x x x x x CR -2 x x x x CR3 x x x x x CG -2 x x x * Must be able to show that the location of the proposed units provide a logical density transition between a Single. Family or lesser density development, and a higher density development or district (such as commercial or multiple. family development). 6.14.4 Minimum Development Standards for Residential Uses. A. Dwelling Unit (DU) Floor Area, Lot Size, and Density Requirements. Alternative housing uses are limited to the minimum and maximum floor, lot, or site coverage per dwelling unit established under Table 6.14.4.A. below. B. Floor area calculations shall not include hallways or other common areas, or rooftops, balconies, terraces, fire escapes, or other projections or surfaces exterior to the walls of the building.. Table 6.14.4.A. Residential Use Standards. Dwelling Unit (DU) Type Floor Area (Heated) Minimum Lot Dimensions Density Permitted Dwelling Units - Min. (Sq. Ft.) Max. (Sq. Ft) Lot Size (Sq. Ft.) Lot Width (Ft.) Max Density per Acre Attached and Detached Si ngle-famlly and Two- Family Dwellings (Townhouses, Brownstones, Rowhouses, Vertical and Horizontal Duplex Dwelling Units) 500 per unit .As Per the Zoning District orNone overlay District Standards 50' Except on Non- Conform - ing Lot 12-18 DUs Live -Work Units (Residential Portion of Unit) p er�Onit 800 None ?unit per DUsO Loft Units 500 per unit No Limit None 25' per unit 30-40 DUs Multiple -Family Units 500 per unit No Limit (1,000 50' per building 30-40 DUs C:\Documents end Settings\DeborahWB.CCPD1\My Documents\Federal Grant Ordinances\8-7-11.Sec. 6.14 Altemative Housing Option Standards.DWBFinal.doc —361— § 6.14 Alternative Housing Options Page 7 of 20 6.14.5 Duplex Dwelling Unit Requirements. Single-family attached and two-family duplex dwelling units may be permitted in a residential zoning district that does not otherwise allow two-family attached dwelling units, under a Development Concept Overlay or Special Overlay, and developed according to the standards of this Article: A. Where vertical or horizontal duplex units (Fids. 6.14.5.A) are proposed on the same lot, the lot and both units within the duplex must be owned by the same owner, and the owner must reside within one of the two units within a duplex unit. Figures 6.14.5.A. Vertical Duplex Units. B. Duplex dwelling units located on separate lots may be owned separately. C. A maximum density of one vertical or horizontal duplex dwelling unit per lot is permitted. D. The conversion of an existing home to a horizontal duplex is prohibited, unless it is part of a Neighborhood Mixed Use/Live-Work unit project located and developed in accordance with the Neighborhood Mixed Use standards of Article 7.11. E. Duplex and Live -Work units are only permitted in the RS -6 and RS -4.5 districts under one or more of the following conditions: 1. The development of a duplex unit is an infill project on a nonconforming lot. 2. It can be demonstrated that the proposed location of a duplex unit(s) will provide a "transitional density buffer" between a higher density use and a single-family home use. C:\Documents and Settings\DeborahWaCCPD1\My Documents\Federal Grant Ordinances \6-7-11 Sec 6 14 Alternative Housing Option Standards.DWBFinal.doc —362— § 6.14 Alternative Housing Options Page 8 of 20 3. The duplex or Live -Work unit is part of a larger development concept listed under Section 6.14.2.A above. F. Duplex Design Standards. All two-family attached duplex dwelling units should be constructed to have an outside appearance similar to a single-family home, and must be constructed as follows: 1. The heights of proposed vertical duplex dwelling units located within a flood zone may be increased, to measure no more than 28 feet at the ridge (two stories), as measured from the point designated as 1 foot above the Base Flood Elevation (BFE). 2. The height of the two units within a horizontal duplex unit must measure within 4 feet of each other. 3. The predominant roof pitch of each unit of the duplex unit must be the same, and roof eaves must project the same distance from the building wall. 4. The exterior finish material of each dwelling unit within the duplex must be the same, or visually match in type, size and placement, and trim must be the same in type, size, and location for each unit. 5. Windows for each duplex dwelling unit must match in proportion and orientation. 6. Required Porches. For horizontal and vertically - constructed duplexes, at least one covered front porch must be provided along the front facade of a unit to equal a minimum of 50% of the length of the front facade. a. Horizontal duplex units may provide a shared front porch. b. Horizontal duplex units located on a corner must provide a covered front porch for both unit entrances when fronting different streets. G. Duplex Corner Lot Design. On corner lots, each unit of a horizontal duplex must have its address, and front door oriented to a separate street frontage, and side yard facades of duplexes shall maintain the architectural design consistent with the front facade (Fig. 6.14.5.G). C:\Documents and Settings\DeborahWB.CCPD1\My Documents\Federal Grant Ordinances\6-7-11.Sec. 6.14 Alternative Housing Option Standards.DWBFinal.doc —363— § 6.14 Alternative Housing Options Page 9 of 20 Figure 6.14.5.G H. Duplex Second -Story Access. 1. Exterior stairs that provide access to an upper level duplex dwelling unit are not permitted on the front facade of the building, but can be provided through a side or rear staircase entrance, provided that the side staircase is located a minimum of 10 feet rearward of the front facade wall of the dwelling structure. 2. Fire escapes or any additional accesses to a second floor unit must be constructed behind the dwelling unit. 6.14.6 Brownstone, Townhome, and Rowhome Requirements. A. Multiple (more than one unit) Brownstones, Townhomes, and Rowhomes proposed as a mixed use proiect in the Downtown and Uptown Special Mixed Use Overlay District areas (located within the boundary map of Figure 1 under Section 6.11.2) must be developed in accordance with the standards of this Ordinance. B. Brownstone dwelling units may be attached or unattached units. C. Attached Brownstones, Townhomes, and Rowhouses, must be constructed so that each unit within the attached units is placed on its own platted lot, and there shall be no minimum to the number of dwelling units required for development. D. Townhomes and Rowhomes shall not exceed two stories in height, Brownstone units may not exceed three stories in height. C:\Documents and Settings \DeborahWB.CCPD1\My Documents\Federal Grant Ordinances\8-7-11.Sec. 6.14 Alternative Housing Option Standards.DWBFinal.doc —364— § 6.14 Alternative Housing Options Page 10 of 20 6.14.7 Live -Work Unit Requirements. A Live -Work unit combines in one space, a work space and residential living quarters. Kitchen facilities, a bathroom. and a sleeping area must be provided. The following standards shall apply to the development of all Live -Work units within a development: A. Multiple Live -Work units are ideally situated around a central courtyard/green space to provide recreational amenities for the residents inhabiting the units. Not more than 5 Live - Work units may be planned within the same City block without providing open space behind the units (either individually platted yards or a common courtyard) consisting of a minimum of 20% of each lot. B. The Commercial, Professional Office, Institutional, or Civic uses within the Live -Work units may not be divided from the residential area of the unit through sale, rent, or leasing. The Live -Work unit shall be considered one unit. C. Each Live -Work unit shall contain at least one tenant that resides onsite and operates a business within that unit. D. No more than two additional employees (other than the onsite residents) residing outside the Live -Work unit may be employed on the premises per shift for the nonresidential use of the building. E. The residential portion of a Live -Work unit may not exceed 50% of the unit's total floor area, and the nonresidential portion of a Live -Work unit must comprise at least 50% of the total square footage of the unit. F. The minimum size for each residential space in a Live - Work unit is 500 square feet. The residential space within a single Live -Work may not exceed 800 square feet. The floor area of both the living space and the work space shall be combined to determine the size of ioint living and work quarters, and may not exceed 1,600 square feet. G. Residential areas within a Live -Work unit must be constructed above the non-residential use, unless the entire unit is constructed as an accessible unit, in which case the residential area of the unit may be constructed behind, and attached to, the non-residential use area with adequate accessible access and parking provided behind the unit. C:\Documents and Settings \DeborahWB.CCPD1\My Documents\Federal Grant Ordinances\8-7-11.Sec. 6.14 Alternative Housing Option Standards.DWBFinal.doc —365— § 6.14 Alternative Housing Options Page 11 of 20 H. The ground floor entrance must be clearly designated as a business entrance, and a visitor traveling through the business entrance shall not be required to pass through any residential floor area in order to enter into the nonresidential area of the unit. The Live -Work unit setbacks shall be the same setback standards outlined under Section 6.8.9. J. One parking space per unit plus one additional unassigned visitor or employee parking space shall be provided for every Live -Work unit. K. Applications and building permit plans for the construction or establishment of Live -Work unit(s) shall clearly state that the proposal includes Live -Work units and labeled as such. L. Non -Residential Live -Work Unit Allowances. Live -Work units are primarily developed as an alternative housing option for Commercial and Professional Office uses that do not generate high degrees of foot or auto traffic, and are located within an area served by mass transit, decreasing the need for additional parking. For this reason, the non- residential portion of a Live -Work unit is limited to the following uses: Table 6.14.7.L Permitted Live -Work Non -Residential Uses. Accountant Office /small firm Antique Furniture Sales Architect Office / small firm Art Studios, Artists and Artisans and Associated Retail Sales Attorney Office / small firm Bakeries (when the primary use is Retail Sales and Services) Beautician or Barber Shop (excluding nail care) Computer Software and Multimedia Professionals Consultant Office / small firm Drycleaners (drop-off, pick-up only, excluding drive-thru) Engineering Office Fashion, Graphic, Interior, and other Designer Shop Florist Shop Greeting Card Sales Insurance Agent Office / small firm Internet Cafe (minimal snack and beverage sales) Jewelry Repair & Sales Mailing & Packaging Center C:\Documents and Settings\DeborahWB.CCPD1\My Documents\Federal Grant Ordinance06-7-11.Sec. 6.14 Alternative Housing Option Standards.DWBFinal.doc —36 6— § 6.14 Alternative Housing Options Page 12 of 20 Military Recruiting Office Nutritional Sales Optical Lens and Frames Sales (no physician onsite) Real Estate Agent Office / small firm School Tutoring Service. (2 or fewer students at a time) Shoe Repair Tailor/Seamstress/Dress Maker Title Agent Office / small firm Travel Agent Office / small agency 6.14.8 Residential Access, Garages, and Driveway Standards. A. Driveway Requirements. 1. The maximum driveway width on an individual lot with frontage access is 10 feet or 12 feet if the driveway is shared with a neighboring dwelling unit (Figs. 6.14.8.A.1). ures 6.14.8.A.1. Shared Drives 2. Impervious driveways must be included within the 70% maximum allowable impervious coverage requirement of the site (80% on non -conforming lots). 3. Driveways constructed on properties utilizing access from the front of the lot must be a minimum of 20 feet in length as measured from the front property line, except where a Parking Court is implemented, in which case the standards of Section 6.14.9.E shall apply. 4. Driveway apron widths may be increased up to 22 feet in width within 10 feet of the garage door. C:\Documents and Settings\DeborahWB.CCPD1\My Documents\Federal Grant Ordinances\6-7-11.Sec. 6.14 Alternative Housing Option Standards.DWBFinal.doc —367— § 6.14 Alternative Housing Options Page 13 of 20 B. Private Garages. Private single and two -car garages are permitted on individually platted lots, provided that no more than two single car garages or one two -car garage is provided per each dwelling unit on a lot, and provided that: 1. Garages may not exceed 49% of the dwelling unit square footage on an individual lot. 2. The garage footprint must be included within the 70% maximum allowable impervious coverage requirement of the site when an impervious coverage percentage is not provided under a Development Concept Overlay or Special Overlay ordinance. 3. Garages may not be converted to dwelling units. 4. Detached garages must always be located behind the rear facade of the principal building. 5. Garages may not be located in a street corner yard (Le. between a public street and the dwelling unit). 6. Garages may not be located within the required side yard setback, and a minimum of three feet from any common alley where provided. 7. Two -car garages must be located behind the rear facade of the dwelling unit, or recessed within the dwelling unit (Fig. 6.14.8.B.7). Figure 6.14.8.6.7. Recessed Parking sfziic-f6 C:\Documents and Settings \DeborahWB.CCPD1\My Documents\Federal Grant Ordinances\8-7-11.Sec. 6.14 Alternative Housing Option Standards.DWBFinal.doc —368— § 6.14 Alternative Housing Options Page 14 of 20 8. Single car garages may be located behind, adjacent to, or recessed within a dwelling unit, provided that the garage does not extend forward of the front facade of the dwelling unit (Figs. 6.14.82.8). Figures 6.14.8.B.8. Recessed Garages. C. Common Garages. 1. Shared common garages, parking areas, and driveways are permitted in all new developments of attached and detached single-family and two-family dwelling units. 2. Common garage structures are prohibited within 20 feet of a public street. D. Duplex Garages. 1. All parking and garages in the development of a duplex dwelling unit on a single lot must be located behind the duplex dwelling units. 2. No more than two single -car garages or one two -car garage is permitted on a lot per duplex unit. 3. Garages for corner lot duplexes must be located behind or to the side of the dwelling unit, or recessed within the units. 4. Duplexes may incorporate a shared drive, as shown in Figures 6.14.8.D.4. C:\Documents and Settings\DeborahWB.CCPD1\My Documents\Federal Grant Ordinances\8-7-11.Sec. 6.14 Alternative Housing Option Standards.DWBFinal.doc —369— § 6.14 Alternative Housing Options Figures 6.14.8.D.4. Shared Drives 1 Page 15 of 20 street strattet 6.14.9 Additional Parking Standards and Options. With the exception of the number of parking spaces required provided for Live -Work units above, the following shall apply for all residential uses: A. The required number of parking spaces per dwelling unit shall be consistent with the requirements of Article 7.2 However, in all cases, a maximum of 2 parking spaces per dwelling unit shall be permitted. B. Parking is not permitted in any front yard, side yard, or in anV front street yard setback, with the exception of when parking is approved through the use of a driveway located within a front yard, or side yard located between two dwellings. C. Parking may be in a structure, under a structure, or outside a structure. D. Tandem parking shall be permitted, provided that a minimum driveway length of 35 feet is provided, or 18 feet is provided if the driveway serves a private garage on the lot where the second car can be placed. Where tandem parking is utilized, no vehicle may obstruct, overhang, or be located in, a private or public alley, right-of-way, pedestrian path, walkway, or sidewalk. E. Parking Courts. Parking Courts (or "T -Courts", Figs. 6.14.9.E) are also an option for use when developed under one of the Development Concept Overlays or Special Overlays. Parking Courts shall be developed as follows: 1. The maximum depth of a Parking Court drive is 100 feet and the maximum number of single family detached or attached dwelling units it can serve is six. C:\Documents and Settings\DeborahWB.CCPD1\My Documents\Federal Grant Ordinances\8-7-11.Sec. 6.14 Alternative Housing Option Standards.DWBFinal.doc —370— § 6.14 Alternative Housing Options Page 16 of 20 2. The minimum driveway width for a Parking Court is 10 feet for one-way access; the maximum two-way access width shall be 24 feet, except as required by the City's Fire Code. 3. Where pervious concrete, pervious asphalt, and porous pavers, or other pervious paving technologies are utilized to construct a Parking Court, the square footage of pervious surfaces will not count toward the maximum allowable impervious surface on the site, provided they are installed to industry specifications. 4. Parking Court Drive Ownership and Maintenance. a. Half of the total width of a Parking Court drive must be provided for vehicle access from properties on each side of the proposed drive. b. The private easement right-of-way dedication of the parking court drive shall be required at the time of partition or subdivision plat approval, and shall be recorded on the plat. Figures 6.14.9.E. Parking Courts. C:\Documents and Settings\DaborahWB.CCPD1\My Documents\Federal Grant Ordinances\8-7.11.Sec. 6.14 Alternative Housing Option Standards.DWBFinal.doc —371— § 6.14 Alternative Housing Options Figure 6.14.9.E. Parking Court Configuration. Preferred Page 17 of 20 t,. r r PEOESTFLIAN WALK ACCENT PAWN !RECESSED GARAGES 1 9 orch Desirable: Parking Court Emphasizing Entries Preferred Paaki-xg Courtyard Design aerostats and Configuration. Garages are recessed and entries are eni!arged and used to accent corners and interior 9Asta, Figure 6.14.9.E. Parking Court Neighborhood. C:\Documents and Settings\DeborahWB.CCPD1\My Documents\Federal Grant Ordinances\8.7-11.Sec. 6.14 Alternative Housing Option Standards.DWBFinal.doc -372- § 6.14 Alternative Housing Options Page 18 of 20 6.14.10 Zero Lot Line Development. A. Zero lot line development is permitted within the Development Concept or Special Overlays, and with the exceptions provided under this Section, shall be developed in accordance with Section 4.3.5: 1. The setbacks required and where provided for under a Development Concept Overlay or a Special Overlays shall take precedence over the requirements of Section 4.3.5. Where setback requirements are not provided for, the setback requirements of Section 4.3.5 shall prevail. 2. Windows shall be permitted on the zero line side of dwelling units under a Development Concept Overlay or a Special Overlay, provided that the windows are not capable of being opened, and provided that the placement supports the privacy of the neighboring occupants on the abutting lot. The privacy standard must be met by through one or more of the following techniques: a. Through strategic placement and spacing of the windows on the zero lot line side of the structure/building, by placing ground -floor windows along zero setback property lines above sight lines, or placed where the windows face a wall of the neighboring building, without direct views into adiacent dwelling units and windows. b. Window panes must be designed to provide semi - or complete opaqueness (block glass, stained glass, frosted glass), in order to provide some privacy from direct views into neighboring buildings through the spacing of windows (Figs. 6.14.10.A.2. b). c. All windows located along the zero lot line wall must meet the City's Building and Fire Department Codes. C:\Documents and Settings\DeborahWB.CCPD1 Hely Documents\Federal Grant Ordinances18-7-11.Sec. 6.14 Alternative Housing Option Standards.DWBFinal.doc —373— § 6.14 Alternative Housing Options Figures 6.14.10.A.2.b. Block Glass & Stained Glass Windows. Page 19 of 20 B. Fences. Fencing for Zero Lot -Line Development shall be accordance with requirements of Section 9.5.9. SECTION 2. That the UDC and corresponding Zoning Map of the City of Corpus Christi, Texas, effective July 1, 2011, 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 3. That to the extent that this amendment to the UDC represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as amended by this ordinance. SECTION 4. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. 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 may not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable as provided in Section 1.10.1 and/or Article 10 of the UDC. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. This Ordinance shall take effect upon and after publication of this Ordinance. C:\Documents and Settings\DeborahWB.CCPD1Wy Documents\Federal Grant Ordinances \8-7-11.Sec. 6.14 Alternative Housing Option Standards.DWBFinal.doc —374— § 6.14 Alternative Housing Options Page 20 of 20 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 David Loeb Chris Adler John E. Marez Larry Elizondo, Sr. Nelda Martinez Kevin Kieschnick 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 David Loeb Chris Adler John E. 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 as to form only: September 8, 2011. For Carlos Valdez, City Attorney orah Walther Brair ssistant City Attorney C:\Documents and Settings \DeborahWB.CCPD1\My Documents \Federal Grant Ordinances\6-7-11.Sec. 6.14 Alternative Housing Option Standards.DWBFinal.doc —375— § 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. WHEREAS, the Corpus Christi Comprehensive Plan encourages compatible mixed uses of similar type such as, neighborhood retail business and residential activity; as well as the development of commercial areas that contain mixed office use and retail activities; WHEREAS, the Corpus Christi Comprehensive Plan stipulates that stores and businesses be allowed to locate closer to neighborhoods if they provide supportive services; are characterized by activities of low intensity; and are beneficial to residential areas; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, August 3, 2011, during meetings of the Planning Commission, and on Tuesday, October 18, 2011, during meetings 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; WHEREAS, the City Council has determined that this amendment to the Unified Development Code (UDC), would best serve the general welfare of the City and its citizens by providing a regulatory base for more sustainable communities by ensuring compatibility in development; maintaining consistency and character; and ensuring growth in an orderly and desirable manner that will preserve the public health and safety; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the Corpus Christi Unified Development Code is amended by adding a new Section 7.11 entitled "Neighborhood Mixed -Use (NMU) Development Standards" to read as follows: 6 7.11 Neighborhood Mixed -Use (NMU) Development Standards 7.11.1 Purpose and Intent. The purpose of the standards for this Section is to provide for a mix of small to medium scale residential uses, with an emphasis on smaller commercial uses, within a multi -modal environment. The intent of these standards is to: —376— § 7.11 Neighborhood Mixed -Use (NMU) Development Standards Page 2 of 15 A. Allow for different types of compatible land uses close together in appropriate locations to shorten transportation trips and facilitate multi -modal development. 7.11.2 B. Encourage infill and redevelopment utilizing commercial, professional office, and residential mixed-use development within surrounding neighborhood uses. C. Allow flexibility in development standards for residential mixed-use buildings that are similar in scale to surrounding residential development while providing storefront -style shopping streets. D. Limit the size of any one commercial retail use to keep the scale of commercial activity appropriate to the surrounding area while providing services to local residential communities. District Allowances. A Neighborhood Mixed -Use building shall be a permitted use when constructed in the RS -6, RS -4.5, RS-TH, RS - TF, RM -1, RM -2, RM -3, ON CN -1, CN -2, CR -2, and CR -3 Zoning Districts in accordance with the standards of this Ordinance. 7.11.3 General Standards. A. Neighborhood Mixed -Use (NMU) development shall be defined for the purpose of this Ordinance as a small scale residential mixed-use development (e.g., a small market, dry cleaner, small retail shop, etc., professional office, in combination with a single-family dwelling unit located above the non-residential use). B. Neighborhood Mixed -Use building must be located on a corner lot and must have frontage and access onto a Arterial or Collector Street, as designated by the City's Urban Transportation Plan. Lots contiguous to corner lots and fronting on an Arterial Street may also be developed for residential mixed uses where the underlying zoning district allows for non- residential uses, and when developed in accordance with this Ordinance (Figs. 7.11.3.C). C:\Documents and Settings\DeborahWB.CCPD1\My Docuritenls\Federal Grant Ordinances\8-28-11.Sec. 7.11 Neinhhnrhnnd Mired ! Ise Rtanrlards flWRFinaI ginsJ / / § 7.11 Neighborhood Mixed -Use (NMU) Development Standards Page 3 of 15 Figures 7.11.3.C. Conti • uous Residential Mixed -Use Buildin . s. D. Only one Neighborhood Mixed Use building is permitted per block. Two Residential Mixed Use buildings per the same residential block may be permitted, only if the second mixed use proposed offers a non-residential service that is not already present within the same block, and the same nonresidential use is not located within 1/3 mile from the proposed site and use (e.q. only one restaurant, one offices one gift shop, one barber shop per block). E. Residential uses must be located above the nonresidential use, unless the entire unit is constructed as an accessible unit, in which case the residential area of the unit may be constructed behind, and attached to, the non-residential use area with adequate accessible access and parking provided behind the unit (Figs.7.11.3.E). Figures 7.11.3.E. Examples of Residential Mixed -Uses. C:\Documents and Settings \DeborahWB.CCPD1 \My Doc3 3tsSFederal Grant ordinances\8-28-11.Sec. 7.11 Neinhhnrhnnd Mired I Ise Standards f)WRFinal dnr. § 7.11 Neighborhood Mixed -Use (NMU) Development Standards Page 4 of 15 F. The nonresidential portion of the Neighborhood Mixed Use building may not be divided from the residential area of the building through sale, rent, or leasing. The Neighborhood Mixed Use building shall be considered one unit. G. The non-residential portion of a Neighborhood Mixed Use building may not exceed 50% of the building's total floor area. H. The minimum size for each residential space in a Neighborhood Mixed Use building shall be 800 square feet. The maximum residential space within the structure must not exceed 1,500 square feet. The maximum floor area of the entire mixed use structure may not exceed 3,000 square feet. I. The mixture of uses shall occur in the same building. The residential use shall not exceed the maximum number of dwelling units which would otherwise be permitted in the zoning district. J. The conversion of any accessory structure to commercial use shall be prohibited. K. Each residential portion of the Neighborhood Mixed Use building shall contain at least one owner, or family member of the owner, or an employee that works onsite for the owner, that resides onsite and operates a business within that unit. L. The entire unit may be leased as one unit, only if the tenant operates the business portion of the building and lives within the residential portion of the building. M. No more than two additional employees (other than the onsite residents) residing outside of mixed use building may be employed within the business portion of the building per shift. C:\Documents and Settings \DeborahWB.CCPD1\My Doc..171gEederal Grant Ordinances \8-28-11. Sec. 7.11 Nninhhnrhnnri Micgd I JAI? StandaMc 11WRFina1 dnn § 7.11 Neighborhood Mixed -Use (NMU) Development Standards Page 5 of 15 N. Existing residential buildings may be redeveloped as a Neighborhood Mixed Use Building, provided that non- residential portion of the mixed use building is a permitted use listed under Section 7.11.6, and the structure meets the location requirements of this Section, and subject to the remaining standards of this Ordinance. 0. Neighborhood mixed-use structures shall be required to meet the City's Building Codes, and the Fire Codes established for commercial uses. P. Properties located within an area or subdivision that fall under a Homeowner's Association or other managing entity must provide a written statement from the managing entity stating that they approve of the proposed Neighborhood Mixed Use development on the proposed site concurrently with the building application. 7.11.4 Minimum and Maximum Requirements. A. Lot Area, Density, and Heights. The minimum lot area maximum density, and maximum height for a Neighborhood Mixed Use building shall be the same as permitted by the underlying Zoning District. B. Lot Width. The minimum lot width for a Neighborhood Mixed -Use development shall be the same width required by the Zoning District in which the proposed mixed-use development is located. C. A Live -Work unit may be constructed on a nonconforming lot having a minimum width of 24 feet, when constructed in accordance with the Live -Work standards outlined under Section 6.14.7. D. Maximum Impervious Surface Allowance. The entire Neighborhood Mixed Use building footprint may not exceed more than 70% of the entire lot, excluding parking areas. 7.11.5 Setbacks. A. Front Setbacks. 1. New Construction. a. Where a 5 to 10 -foot sidewalk is present along an Arterial or Collector Street for a proposed Neighborhood Mixed Use development, the proposed building may have a 0 -10 -foot build -to C:\Documents and Settings \DeborahWB.CCPD1\My DogusBrederal Grant Ordinances \8-28-11.Sec. 7.11 Neinhhnrhnnd Mired Ilse Standards r)WRFinal (-Inc § 7.11 Neighborhood Mixed -Use (NMU) Development Standards Page 6 of 15 line/front setback measured from the property line. b. Where a sidewalk is not present along an Arterial or Collector Street, a sidewalk must be provided and designed in accordance with the dimensions proposed within the City's Urban Transportation Plan for the proposed development site and the standards of the American's with Disabilities Act Standards. The minimum front building ("build -to" line) setback shall then be measured from the property line for a distance of 0 to 10 feet. c. The front yard setback of a proposed residential mixed use building on an interior lot where the district allows for a non-residential use, shall be the average of the setbacks of structures on abutting lots (Fig. 7.11.5.A1c). Figure 7.11.5.Alc BIdg.A 1 1 Parking I 11 Residential Mixed Use A+B 2 ArterialStreet 2. Existing Structure Remodel. The existing setback of an existing building shall be permitted to remain. The sides of existing porches and stoops may be enclosed only by screens. B. Side and Rear Yards Setbacks. 1. The street side yard shall measure a width of within 1 to 5 feet of the existing depth of the adjacent front Yard fronting on the Collector or side street (lot or structure located behind the proposed mixed-use building). 2. The non -street side yard must be a minimum of 5 feet with exception of Neighborhood Mixed -Use development proposed within the CN -2 Zoning District, in which case a 10 -foot side yard shall be required if a mixed-use development is proposed within or adjacent to a residential district. C:\Documents and Settings\ DeborahWB.CCPD1 \My DocylrwQts\Federal Grant Ordinancesl8-28-11.Sec. 7.11 Neinhhnrhnnd Mirod Use Standards fWRFinal 'Inn 3 45 § 7.11 Neighborhood Mixed -Use (NMU) Development Standards Page 7of15 7.11.6 Permitted Commercial, Professional Office, and Civic Uses. A. The following non-residential uses shall be permitted within a Neighborhood Mixed -Use development: Table 7.11.6.A Neighborhood Mixed Use (NMU) Non -Residential Permitted Uses Adult Day -Care Centers Art Studios, Artists and Artisans Bakeries, Patisseries, Chocolates, are allowed when the primary use is Retail Sales and Services Beautician Salons & Barbers (excluding nail care) Bed & Breakfast Home (no allowance for special events) Bicycle Sales and Rentals Cafes and Bistros (no alcohol sales, unless permitted by district) Child Day Care Centers Civic/Government Office Uses Computer Software and Multimedia Related Professionals Drycleaners (drop-off, pick-up only, no drive-thru) Farmers Market Retail Stand Fashion, Graphic, Interior and Other Designers Florist Home Occupations Ice Cream Parlors Laundromats Mail & Packaging Centers Neighborhood Market (no fueling sales) Neighborhood Pharmacy Non -Medical Offices Nutritional Sales Physical Fitness Gyms, Dance, Martial Arts Studios Professional Services (including, attorneys, accountants, insurance sales, barbers, travel agency, consultant firms, engineers, architectural firms, and similar uses) Real Estate Offices Repair & Sales/Services, conducted entirely within a building; (computer, plumbing, locksmith, shoe repair, but not including auto repair, detailing, tire service, auto body painting, or similar automotive or truck uses) Restaurants, Food & Beverage Service, (sit-down or take-out services permitted, alcohol service only where district permits, no drive throughs) Retail Sales, including Boutiques, Delicatessens, Video/Game Rentals, Cell Phone Sales, Musical Instrument Sales/Repair, Fruit & Vegetable Sales, Automotive Parts (no service of vehicles or bays onsite), Crafts, Hardware, Home Decor, News & Books, Jewelry/Repair & Sales, Sporting Goods, Optical, Office Supplies, Greeting Cards, Antiques School Tutoring Services Tailor/Seamstress/Dressmaking Senior Activity Centers C:\Documents and Settings \DeborahWB.CCPD1 \My Do an8natfederal Grant Ordinances\8-28-11.Sec. 7.11 Neinhhnrhnnd Mired Ike Standarrlc IIWRFinal dnr § 7.11 Neighborhood Mixed -Use (NMU) Development Standards - Page 8 of 15 B. Residential Farm Stands. Residential farm stands shall be a permitted accessory use within aresidential mixed use project, when constructed and operated in accordance with the "farm stand" and "limited agriculture use" definitions under Section 1.11.3 (Fig. 7.11.6.8). Fi . ure 7.11.6.B. 7.11.7 Design Standards. A. Ground level non-residential uses shall provide large display windows along a minimum of 40% of their horizontal length (black, mirrored, or other opaque surfaces cannot be used), that are designed to meet the State commercial energy efficiency construction requirements. Display windows shall be transparent to the extent that the window allows views into and out of the interior. B. Display windows and doors should be framed/trimmed. C. At no time shall building windows fronting or within view of a public street be boarded up, except in cases of weather emergency preparation. D. No permanently installed burglar bars shall be visible from any public street. The ground floor nonresidential portion of a Neighborhood Mixed Use building may install fully retractable metal security screening or storm shutters that secure windows and doors when the nonresidential portion of the mixed use building is not open for business, and must not be visible during business hours (Figs. 7.11.7.D). C:\Documents and Settings \DeborahWB.CCPD1 \My Docur8s\Federal Grant Ordinances \8-28-11.Sec. 7.11 Nninhhnrhnnd Mixnd I Ise Sbndardc r1WRFinal Inc § 7.11 Neighborhood Mixed -Use (NMU) Development Standards Figures 7.11.7.D. Permitted Security Screening. rF Page 9 of 15 E. All buildings with a flat roof should have a decorative cornice at the top of the building; or eaves when the building is designed with a pitched roof. F. The principal entrance of the Neighborhood Mixed Use building shall be oriented toward the street. G. The nonresidential and residential uses within the same structure shall be permitted to share a common principal entrance within a Neighborhood Mixed Use. H. There shall be no outside display of goods and/or services unless a 10 -foot sidewalk width is provided, and any display or service does not encroach upon the required 5 -foot pedestrian Clear Zone of the sidewalk. 7.11.8 Sidewalks. A. Sidewalks must be provided along all Arterial and Collector Streets for all Neighborhood Mixed Use buildings, and constructed in accordance with the American's with Disabilities Act Standards. B. If an existing structure located along an Arterial or Collector Street is being remodeled as a Neighborhood Mixed Use, an accessible sidewalk must be present or constructed along the street front C\Documents and Settings\DeborahWB.CCPD1\My Dosr(r t*Federal Grant ordinances\8-28-11.Sec. 7.11 Neinhhnrhnnd Mired 1 Ise Standard.; f1WRFlnal Inn § 7.11 Neighborhood Mixed -Use (NMU) Development Standards Page 10 of 15 C. The sidewalk width must be constructed in accordance with the width dimensions proposed within the City's Urban Transportation Plan for the site. 7.11.9 Access. A. Where access is currently available to a proposed Neighborhood Mixed Use development site the access shall be permitted to remain, provided that the parking_ location requirements of Section 7.11.10 below are met. B. Drive-in/through facilities shall be prohibited within a Neighborhood Mixed Use development. 7.11.10 Parking A. Parking for a residential mixed-use project is only permitted in the non -street yard side or rear yard of the mixed use structure. B. Although the Neighborhood Mixed Use building requires direct pedestrian access from the principal entrance to the public sidewalk, accessible handicapped access and parking may be provided in the rear or non -street yard side of the building. C. On corner lots, parking shall not be allowed in the area extending from the property line to a fine which is parallel to the front facade of the principal structures on the abutting lots, not to exceed 25 feet in depth (Fig. 7.11.10.C). Figure 7.11.10.C. Residential Mixed Use Building Arterial Street Properly Line C:\Documents and Settings \DeborahWB.CCPD1\My DoeLa86aWederal Grant Ordinances\8-28-11.Sec. 7.11 Neinhhnrhnnd Miyprl !IAA Standards 11WRFina1 Hon § 7.11 Neighborhood Mixed -Use (NMU) Development Standards Page I I of 15 D. There shall be a minimum of two and a maximum of three parking spaces for the non-residential portion of the mixed use building, plus a minimum of one off-street parking space with a maximum of two off-street parking spaces for the residential portion of the mixed use building. 7.11.11 Streetscape Zone A. A full Streetscape Zone shall not be required for a Neighborhood Mixed Use building; however, flower planters or window boxes must be provided to promote an inviting pedestrian atmosphere (Figs 7.11.11.A). Fi•ures 7.11.11.A B. Fencing and Screening. It is the intent of this Ordinance that the non-residential use within the Neighborhood Mixed Use is compatible with the existing and adiacent residential neighborhoods, therefore a solid screening fence shall not be required between a residential mixed use building and adiacent residential structures and districts; however, vehicular screening shall be provided utilizing one of the following methods for each parking location: 1. Rear Yard. Vehicular screening shall not be required for parking areas located behind the structure, but must be provided along the rear property line where a residential home exists. Screening shall be provided through one of the following methods: a. Dense landscaping shrubs or hedges (minimum 3 gallon container) that shall be maintained to a height of from 5 feet to 6 feet, as measured from the elevation of the vehicular use area b. A solid fence measuring no less than 5 feet and no greater than 7 feet in height. C:\Documents and Settings\DeborahWB.CCPD1\My Docl38resiFederal Grant Ordinances\8-28-11.Sec. 7.11 Neinhhnrhnnd Mirnd I Is Standards IIWRFinal dnr. § 7.11 Neighborhood Mixed -Use (NMU) Development Standards Page 12 of 15 2. Non -Street Side Yard. Parking located within the non - street side yard must be screened from the public right- of-way through one or more of the following methods: a. Hedges (minimum 3 gallon container) that shall be maintained to a height of from 24 to 36 inches as measured from the elevation of the vehicular use area b. A solid decorative wall not less than 3 feet in height, and not exceeding 4 feet in height. 3. Fencing of any type shall not be permitted along the front property line or along an Arterial or Collector Street: however, decorative iron fences no greater than 5 feet in height and providing 50% or more transparency are acceptable, excluding chain-link fencing. 4. Fencing may not intrude upon, or open onto, any portion of the pedestrian sidewalk. C. Awnings are permitted and encouraged in accordance with Section 6.13.1.D. D. Signs. Signs for a neighborhood mixed use shall be permitted and limited to the following options: 1. Attached, commercially -prepared painted wall signs not exceeding 32 square feet in area may be mounted on a building wall, only one sign shall be permitted per building wall/facade. All wall signs must be attached flat against the wall of the building. 2. Address signs not exceeding 2 square feet in area. 3. Non -illuminated sandwich board signs orA-frame signs, provided they are not located within the 5 -foot Pedestrian Clear Zone along a sidewalk. C:\Documents and Settings\DeborahWB.CCPD1 \My Doe n7skFederal Grant Ordinances \8-28-11.Sec. 7.11 Neinhhnrhnnd Mired I Ise Standards 11WRFinal Inc § 7.11 Neighborhood Mixed -Use (NMU) Development Standards Page 13 of 15 7.11.12 4. Hanging and wall -mounted blade signs not exceeding 4 square feet in area, provided that the signs shall not project more than 4 feet from the building or one-third of the sidewalk width, whichever is less. 5. All signs shall meet a minimum vertical clearance of 7 feet. E. Lighting. Lighting provided for the structure shall not be directed at the neighboring residential uses and shall be shielded from spillover. F. Solid Waste Disposal. All solid waste materials shall be kept in residential waste containers behind the mixed use building. Dumpsters are not permitted onsite. G. Accessory structures onsite are not permitted to be used for commercial purposes. H. Outdoor displays and storage other than vegetation_planters shall not be permitted onsite. Hours of Operation. Businesses within a mixed-use must provide reasonable hours of operation that are compatible with the neighboring residential uses. Hours of operation are limited to 7:00 a.m. to 9:00 p.m. daily. SECTION 2. That the UDC and corresponding Zoning Map of the City of Corpus Christi, Texas, effective July 1, 2011, 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. C:\Documents and Settings\DeborahWB.CCPD1\My DocBgCFederal Grant Ordinances \8-28-11.Sec. 7.11 Neinhhnrhnnd Mixed 1 ISR Rtandards f)WRFinal Jnr. § 7.11 Neighborhood Mixed -Use (NMU) Development Standards Page 14 of 15 SECTION 3. That to the extent that this amendment to the UDC represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as amended by this ordinance. SECTION 4. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. 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 may not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable as provided in Section 1.10.1 and/or Article 10 of the UDC. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. This Ordinance shall take effect upon and after publication of this Ordinance. Signatures on following page. C:\Documents and Settings \DeborahWB.CCPD1 \My DdaStroVederal Grant Ordinances\8-28-11.Sec. 7.11 Nainhhnrhnnd Mirad 1 Ise Standards f1WRFinal dnr. § 7.11 Neighborhood Mixed -Use (NMU) Development Standards Page 15 of 15 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: JoeAdame David Loeb Chris Adler John E. Marez Larry Elizondo, Sr. Nelda Martinez Kevin Kieschnick 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 David Loeb Chris Adler John E. 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 as to form only: September 8, 2011. For Carlos Valdez, City Attorney By. borah Walther Br ssistant City Attorney C:\Documents and Settings\DeborahWB.CCPD1\My Dee3i Q MFederal Grant Ordinances\8-28-11.Sec. 7.11 Neinhhnrhnnd Mired 1 Ise Standards f1WRFinal dnr. § 7.12 Adaptive Reuse Standards Ordinance amending the Corpus Christi Unified Development Code by adding a new Section 7.12 entitled, "Adaptive Reuse Development Standards", relating to the use, regulations and review 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. WHEREAS, the Corpus Christi Comprehensive Plan promotes the rehabilitation of deteriorating housing which will promote better quality living environments and enable older neighborhoods to remain viable; WHEREAS, the Corpus Christi Comprehensive Plan promotes infill development of vacant lots to improve economic viability through incentives to attract private investors; WHEREAS, the Corpus Christi Comprehensive Plan recognizes that although some City business districts have declined due to decentralization or relocation of business, some still have a strong market potential to compete effectively if renovated or rehabilitated; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, August 3, 2011, during meetings of the Planning Commission, and on Tuesday, October 18, 2011, during meetings 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; WHEREAS, the City Council has determined that this amendment to the Unified Development Code (UDC), would best serve the general welfare of the City and its citizens by providing a regulatory base for more sustainable communities by ensuring compatibility in development; maintaining consistency and character; and ensuring growth in an orderly and desirable manner that will preserve the public health and safety; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the Corpus Christi Unified Development Code is amended by adding a new Section 7.12 entitled "Adaptive Reuse Development Standards" to read as follows: -391- § 7.12 Adaptive Reuse Development Standards Page 2 of 14 $ 7.12 Adaptive Reuse Development Standards. 7.12.1 Purpose. The purpose of the Adaptive Reuse Development Standards is to revitalize areas of the City's downtown areas (and any other pre- determined or targeted area) by facilitating the conversion of older, economically distressed, or historically significant buildings to residentially mixed-use Commercial, Professional Office, Civic, and Residential structures, including apartments,_ Live -Work units and tourist -based facilities. This will help to reduce vacant space as well as encourage the development of a residential community downtown and other blighted areas of the City, thus creating a more balanced ratio between housing and lobs in the region's primary employment centers. 7.12.2 Application of Standards. The standards under this Ordinance shall be applied as follows: A. Where a conflict exists between the standards of the underlying zoning district and the Adaptive Reuse development standards, the standards established under the Adaptive Reuse Standards Ordinance shall apply. B. The standards provided under this Ordinance may only be applied to Adaptive Reuse development that is platted, developed, and constructed in accordance with this Ordinance. C. When an adaptive reuse project is approved as an eligible building and proposed within the Uptown -Downtown Mixed Use Special Overlay District, or within a designated Target Area Redevelopment Special Overlay Boundary 50% of any Zoning fees required shall be waived. D. The standards of this Ordinance do not apply to remodeling or reconstruction of a single-family or two-family home, or an addition to a structure for any use when the building is currently in use, but shall be applied in the adaptive re -use of an existing vacant structure for the development of a multiple -family structure, or single-family Live -Work mixed- use structure. 7.12.3 Applicable Zoning Districts. For the purpose of this Ordinance, the standards of this Ordinance shall apply to proposed adaptive reuse of a vacant building if the building was constructed five years prior to the date that an application is made, and located in the RM -1, RM -2, RM -3, RM -AT, CN -1, CN -2, ON, CR -1, CR -2, CR -3, CG -1, CG -2, CI, CBD, and BP Zoning Districts. Light Industrial (IL) Zoning Districts may be included as an adaptive reuse project under this Ordinance if rezoned to one of the districts listed under this Section. —392— rAn,.,."...--,- __a rranw.,.. n__...nnn4/41.0 A_._l r_..,..+ 174.41' 111 ae 1. C.... 7 47 Aa_-..._ § 7.12 Adaptive Reuse Development Standards Page 3 of 14 7.12.4 Permitted Uses. A. An adaptive reuse project is the conversion and change of use within all or a portion of a vacant eligible building, to include one or more, or any combination of the following new residential uses: 1. Dwelling units (apartments, condos, lofts, single and two-family dwelling units, see Section 7.12.2.D). 2. Joint living and work quarters (Live -Work units mixed with a restricted mix of small Commercial, Professional Office. or Civic uses) in accordance with the development standards of Section 6.14.7. 3. Mixed Uses (as constructed in accordance with Section 6.8 or 7.11, but eligible for the exceptions and provisions under this Ordinance). 4. Guest rooms (in hotels, including a toilet and bathing facilities). 5. As part of a Traditional Neighborhood or Transit - Oriented development in accordance with Sections 6.9 or 6.10. B. Commercial, Professional Office, Civic or Institutional uses may be used in combination with the residential uses stated above when developed as, and in accordance with, the Mixed -Use Development Ordinance Standards of Section 6.8. C. Historical buildings are not required to include residential uses in an Adaptive Reuse development. D. The permitted uses within an Adaptive Reuse development shall be the same uses permitted within the zoning district for which the development is located, unless constructed as a Mixed -Use Development, in which case the additional standards and permitted uses (listed under Section 6.8.11, Table 1, or Section 7.11.6, Table 1) of the Mixed -Use Overlay District or Neighborhood Mixed Use Standards Ordinance shall apply. 7.12.5 Construction Requirements. All structures proposed for adaptive reuse require a Building Permit Application, applicable building permits and inspections, and are required to meet the current City- adopted Building and Fire Department Codes. —393— ninn...manta and Rat4innekrlehnrnhW14 nnani\Mu flnrumante\Federal (.rant flMinanrne\R-7R-11 Ser. 7 17 Adantive § 7.12 Adaptive Reuse Development Standards Page 4 of 14 7.12.6 Eligible Buildings. Eligible buildings for adaptive reuse reconstruction shall either be considered a By -Right Use or Discretionary Use, as determined by the following: A. By -Right Use. An existing vacant building proposed for adaptive reuse shall be determined to be an eligible building and a By -Right use if the building(s) has been vacant for a period of 5 years, and the building was constructed in accordance with building and zoning codes in effect 5 years prior to the date that an application is made. A Certificate of Occupancy, building permit, or other suitable documentation may be submitted as evidence to verify the date of construction. B. As a By -Right use, any non -conforming and existing floor area, lot area, lot line setbacks, and heights, are "qrandfathered in" and a variance, special permit, or public hearing is not required, provided that there is no proposed increase in the building footprint of greater than 25% of the original square footage of the structure being re -used. The following shall be considered a By -Right Eligible Building, provided that there is no increase in square footage greater than 25% of the original structure: 1. Historical Buildings. Historically significant buildings (i.e. buildings listed on the National Register of Historic Places, Texas Historical Commission, or any locally established register of historic sites or buildings) are always considered eligible buildings under this Ordinance, and adaptive reuse of the historical structure shall be a By-Right/permitted use. Although the historical structure may not require review through a public hearing process, it may require review by the City's Landmark Commission prior to approval. 2. Downtown and Uptown Areas Defined: For the purposes of this Ordinance, where a building is determined to be an eligible building in the downtown or uptown area, the building shall be permitted By -Right to be redeveloped under the standards of this Ordinance and shall not require a variance special permit or public hearing. The boundaries of the downtown area where the standards of this Ordinance shall apply are defined as the areas within the boundaries shown on the map provided under Section 6.11.2, Figure 1. —394— t :'\Ilnrllmanta and Snttinna\rlahnrahWR r:fPfl1\Mv Ilnniimenfs\FarlarnI rlrant flrdinanrpe1R-7A11 Sra7 17 Arlantivn § 7.12 Adaptive Reuse Development Standards Page 5 of 14 3. Target Areas. Additional areas within the City may be eligiblefor redevelopment as a By -Right Use when areas have been recognized or previously determined to be areas designated as redevelopment or infill "Target Areas" under the City's adopted Comprehensive Plan or an Area Development Plan through the development of a Specific City Redevelopment Plan for an area, or through review determination, and designation made by the City Council. B. Discretionary Use. Any other proposed adaptive reuse of a vacant structure in which new floor area or height is proposed to be added that exceeds 25% of the original floor area, or a change has occurred in the yard setbacks 5 years prior to the date that an application is made, or not classified as an Eligible Building under Section 7.12.6(A) above, may be considered as a Discretionary Use. In order to be classified as a Discretionary Use and qualify for the exceptions and provisions of this Ordinance, the proposed building for reuse must meet the following requirements: 1. The building must have been continuously vacant for at least 5 years (as evidenced by a valid Certificate of Occupancy); and 2. The Development Services Department ACM or designee must determine that the building is no longer economically viable in its current use. In making this finding, the Development Services Department ACM or designee shall consider the building's past and current vacancy rate, existing and previous uses, and real estate market information, and any adverse relationship with adiacent uses. 3. The Development Services Department ACM or designee has the following options in reviewing a proposed adaptive reuse as a Discretionary Use: a. Approve the application; b. Approve the application with conditions; c. Deny the application; d. Require the project to qo through a public noticing period (for which the applicant will be required to pay for the advertisement fee). Following the required noticing and advertisement period, if no opposition to the proiect has been received, the ACM or designee may approve the application administratively. If the proposed development does receive opposition during the noticing period, the applicant shall be required to attend a public —395— C9flnrumpnta and Satinnq\lahnrahWP CCPfll\Mv f)nr.umanta\Federal f;rant frdinannaa1R_2R-11 San. 7 12 Adanfiva § 7.12 Adaptive Reuse Development Standards Page 6 of' 14 hearing before the Planning Commission and City Council for review and approval. 7.12.7 Construction Standards. Approved By -Right and Discretionary Use Adaptive Reuse proiects are entitled to construct the project without having to apply for a variance special permit, or further participation in a public hearing process if the proiect is constructed as follows: A. Density. 1. Uptown -Downtown MUS Special Overlay District and Target Areas. There is no limit to the number of apartments. live/work units, or quest rooms permitted in an adaptive reuse project, provided that no more than 25% of the existing floor area is added as new floor area (New floor area shall be defined and refers to any change in use to an existing eligible building proposed for adaptive reuse, located within the confines of the existing interior portion of the exterior walls and roof). 2. All Other Areas. a. Existing floor area which exceeds that permitted by the current Zoning District or any other land use regulation shall be permitted, provided no additional floor area is added. b. Where increased density is proposed and does not currently exceed the maximum limits for the Zoning District, the proposed increase in density must not exceed the density limits established by the Zoning District for which it is located. B. Minimum Lot Area and Lot Width. The minimum lot area and lot width required shall not be less than the limits established by the underlying zoning district for which the proposed development is located. The minimum lot area and width of a lot and structure proposed within the Uptown and Downtown area for adaptive reuse shall not be limited. C. Height. Existing heights which exceed that permitted by the current Zoning District or any other land use regulation shall be permitted to remain, provided no additional height is added above the maximum heights permitted by the zoning district in which the development is located. D. Yards. Existing observed yards which do not meet the Yards required by the current Zoning_ District or any other land use regulation shall be permitted, provided that the —396— /.., 1'1--••---.- --J C_4:---1I1_L_�L1111O nnnn„fJ., a__.._._n.., C.. A....J (].n... ll.dfnn_nun,G. 130 11 Cnn 7 11) § 7.12 Adaptive Reuse Development Standards Page 7 of'14 proposed floor area of the adaptive reuse does not further encroach into the existing yards. E. Mezzanines. New construction to accommodate loft spaces in an existing story is permitted, provided that the new loft area may not exceed 33% of the floor area of the room or space on lower floors. New mezzanines constructed of one- third the floor area of the floor below or less shall not be counted as floor area (Figs. 7.12.7.E). Figures 7.12.7.E. Mezzanine Lofts. F. Off -Street Parking. 1. New parking spaces shall not be required for an adaptive -reuse proiect, provided that all existing on-site spaces are maintained and not reduced in the adaptive reuse of the site (unless the proposed use requires less parking for the proposed use or by the City's Unified Development Code). The existing parking may be used for any onsite or off-site use (For example, the parking may be reserved exclusively for onsite residential tenants, or it may be utilized for public parking). 2. The adaptive reuse of a structure located within the boundaries of the Uptown -Downtown Mixed Use Special Overlay District shall not require any additional parking. 3. The location and construction of new parking areas for an adaptive reuse project must be designed and located in accordance with the requirements of Section 6.8.17. 4. Parking may be located between a pedestrian -oriented street and the primary building if the parking area already exists and the project proposes to renovate only the interior of an existing building where adequate parking for the use currently exists. Redevelopment of a parking lot in connection with the adaptive reuse of a structure shall provide the needed parking behind the adaptive reuse structure. —397— ran...��..,-.......,d rron § 7.12 Adaptive Reuse Development Standards Page 8 of 14 5. Commercial Parking. The adaptive reuse of a lot for the purposes of creating a commercial or public parking lot is permitted, provided that the proposed parking lot is located in compliance with standards of Section 6.8.17. a. Exception to Strict Application of Section 6.8.17. Where it can be proven that a proposed commercial or public parking site is currently and actively being used for commercial or public parking uses, and not located in accordance with the standards of Section 6.8.17, the proposed commercial or public parking use shall be permitted to remain, provided that the total square footage of the original parking area is not increased and the landscape and vehicular screening requirements of Section 6.8.17 and the City's Landscaping Ordinance are applied. 6. Where off-street surface parking areas are constructed or located behind, under, or above the principal building which screens the parking area from the direct view of the right-of-way, the vehicular screening requirements shall be waived. 7. Vehicular Screening Exceptions. In order to encourage infill and adaptive reuse on constrained sites containing no more than 1 acre and bordered by developed land along the entire perimeter (excluding intervening public streets), the following exceptions to the City's Landscaping Ordinance vehicular screening requirements are available to infill and adaptive reuse projects occurring within an older/established area: a. The Development Services Department ACM or designee may waive up to 50% of the parking lot/vehicular screening landscaping requirements of the City's Landscaping Ordinance, provided that tree canopy planted along the site perimeter also serves to screen and shade the interior of the parking lot within 10 years of planting; or —398— r..n_....._.,..,... rronl'Mo h..ro..nanle%Fadaral nranf fbriinanrae\R_9R.11 Sar 7 19 Arlan6va § 7.12 Adaptive Reuse Development Standards Page 9 of 14 b. The Development Services Department ACM or designee may waive up to 50% of the parking lot/vehicular screening landscaping requirements if a low decorative wall or fence of a minimum height of not less than 42 inches is installed along the parking area perimeter that also serves to screen the parking area from public view, Where fencing is utilized, fencing shall not be solid or chain - linked, and must provide a minimum of 50% transparency. c. The vehicular screening exceptions under this Section do not apply to the screening requirements for commercial or public parking lots not associated with the adaptive reuse of a building. G. Loading Spaces. Where an existing loading space is provided, the loading space shall be required to remain, but may also be used as additional parking space when deliveries are not scheduled. Adequate signage shall be provided listing the hours of deliveries and designating when the spaces cannot be used for public or private parking. If no loading spaces exist, then a loading space shall not be required in conjunction with the development of an adaptive reuse proiect. H. Access and Driveways. Existing access and driveways shall be permitted to remain, provided that the proposed development site is not located within a City -planned or funded Capitol Improvement Project or Texas Department of Transportation (TXDOT) proposed project area that may require altering the location of the existing access or drive. 7.12.8 Additional Adaptive Reuse Development Requirements. A. Open Space. An adaptive reuse project must provide open space equaling a minimum of 10% of the combined floor area of all residential or tourist Iodginq units. The open space requirement can be met through, but is not limited to, the following methods: 1. The square footage of common plazas and courtyards, swimming pools, or recreational amenities provided onsite may be counted towards the open space requirement on the site (Figs. 7.12.8.A.1). -399- C\f)nnumnnla and Sattinna\riahnrahWR f:f:Pfll\Mv Ilnnimanfa\Fadaral Grant flniinann.a\R_7R.11 Sr.a7 17 Adannua § 7.12 Adaptive Reuse Development Standards Page 10 of 14 Figures 7.12.8.A.1 . Courtyards & Adaptive Reuse with Cou ard. \1i 2. The Development Services Department ACM or their designee may approve a reduction in the amount of open space required for the residential component of an adaptive reuse building when it finds that all reasonable attempts to fulfill the requirements have been exhausted and the open space is not able to be accommodated due to the urban infill characteristic of the development site. 3. The adaptive reuse of a historical structure for purposes other than residential uses shall be exempt from the open space requirement. B. Building Orientation and Design Standards. 1. When an adaptive reuse project includes the alteration reconstruction or remodeling of the exterior walls or facades of a building, the building orientation and design standards of Section 6.8.13 and 6.8.14 shall apply to the greatest extent possible. Deviation from the strict application of one or more of the orientation and design standards may be considered and approved by the Development Services ACM or designee when it is determined that strict application of the standard(s) would not be feasible. -400- C.1nnnnmen* and Sgttinne\nahnrahWR CCPn9\Mv nnnimnnts Federal (4ranf redinannne\R-7R-11 Ser 7 12 Adantiva § 7.12 Adaptive Reuse Development Standards Page 11 of 14 2. Historical Structures. Strict application of the building orientation and design standards shall not be required in the adaptive reuse of historical structures; however, the renovation and remodeling of a historical structure must not destroy or obscure essential architectural features, and to the greatest extent possible, enhance the architectural features of the structure. C. Sidewalks and Streetscape Zones. 1. Streetscape Zones shall be provided for all adaptive reuseprolects that are located adiacent to an Arterial or Collector Street, and in accordance with the standards outlined under Section 6.13, and constructed in accordance with the Americans with Disabilities Act construction standards, and the sidewalk widths proposed under the Urban Transportation Plan. 2. Where the interior renovation and adaptive reuse of an existing building is situated on an existing sidewalk that does not meet the minimum 10 foot width requirement, the minimum sidewalk width and Streetscape Zone width may be reduced to the actual width of the existing sidewalk, but must not be less than 5 feet in width, unless the proposed project is located within a City planned streetscape design area, in which case the requirements of the planned streetscape design shall be required. 3. At a minimum, raised planters (free-standing planters may also be used) must be provided along the Streetscape Zone of a proposed adaptive reuse project possessing a sidewalk of 5 feet or less in width and located adiacent to an Arterial or Collector Street (Figs. 7.12.8.C.3). Figures 7.12.8.C.3. —401— C9rinri iments and SPHinnMIlehnrahWR CCPM\Mv rinnumentn\Federal (;ran} Orrlinanrtns\R-7R-11 Sen 7 17 Adanliva § 7.12 Adaptive Reuse Development Standards Page 12 of 14 D. Fencing. 1. Prominent facades on street -facing units may not be concealed behind high walls, solid fencing, or privacy fences that provide less than 50% transparency, forward of the front facade of the building. 2. Residential units consisting of courtyards and entrances located rearward of the "build -to" line may not be concealed behind high walls, solid fencing, or privacy fences that provide less than 50% transparency (Figs. 7.12.8.D.2) Figures 7.12.8.D.2. 3. Lower solid fencing, solid landscaping, and walls not exceeding 4 feet in height, or decorative iron fences no greater than 7 feet in height are acceptable. E. Adaptive reuse development must also comply with the following additional standards listed under the following Sections: 6.8.19 Servicing and Solid Waste Collection. 6.8.21 Accessory Structures. 6.13.1(D) Awnings. SECTION 2. That the UDC and corresponding Zoning Map of the City of Corpus Christi, Texas, effective July 1, 2011, 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 3. That to the extent that this amendment to the UDC represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as amended by this ordinance. SECTION 4. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. —402— § 7.12 Adaptive Reuse Development Standards Page 13 of 14 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 may not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable as provided in Section 1.10.1 and/or Article 10 of the UDC. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. This Ordinance shall take effect upon and after publication of this Ordinance. Signatures on following page. —403— C\flnrumants and Saltine\nahnrahWR CCPf11\Mv 11nr.umpnta\Fadpral (:rant OMinannes\R-7R-11 San. 7 17 Adantivp § 7.12 Adaptive Reuse Development Standards Page 14 of 14 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 David Loeb Chris Adler John E. Marez Larry Elizondo, Sr. Nelda Martinez Kevin Kieschnick 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 David Loeb Chris Adler John E. 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 as to form only: September 8, 2011. For Carlos Valdez, City Attorney By: borah Walther Brow ssistant City Attorney —404— C'\Ilnenmenk and S HinnelrlohnrohVVQ PrDnl .1tAta Ilam ,moms\Carlon I flan+ nm; le 90 11 0.... -, ,e nw,._,.._ 22 DATE: TO: AGENDA MEMORANDUM for the City Council Meeting of October 18, 2011 October 18, 2011 Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb@cctexas.com 361-826-3169 Lead based Paint Testing, Cleaning and Clearance Services CAPTION: Motion approving a service agreement with All Points Environmental, L.L.C., Corpus Christi, Texas for lead based paint testing, cleaning and clearance services, in accordance with Bid Invitation No. BI -0093-11, based on best value for an estimated annual expenditure of $202,565. The term of the service agreement will be for twelve months with and an option to extend the agreement for up to two additional twelve month periods, subject to the approval of the contractor and the City Manager or designee. BACKGROUND AND FINDINGS: The City's Neighborhood Services Department is responsible for administering several Housing and Urban Development (HUD) programs targeted at assisting residences with construction financing. The City is initiating this contract to satisfy a HUD fmding that was made during a recent monitoring and as a measure of assurance that the work performed at these residences is within the HUD guidelines which cover lead base paint. These services consist of cleaning those areas in residences where HUD funds were used for construction remodeling and clearance testing of the work area. Additionally, the contractor will test painted surfaces with the use of a XRF analyzer in houses built prior to 1978 that are scheduled to receive HUD construction fmancing. If lead is found to be present in these residences, this information will be used to develop the scope of work to minimize the lead present in those residences. ALTERNATIVES: The bid received from ALL Points Environmental, LLC meets all of the City's specification requirements and is also the lowest bid received. OTHER CONSIDERATIONS: None —407— CONFORMITY TO CITY POLICY: This award conforms to all State statutes and City Policy governing procurement. EMERGENCY / NON -EMERGENCY: N/A DEPARTMENTAL CLEARANCES: Neighborhood Services Department FINANCIAL IMPACT: o Not Applicable o Operating Expense o Revenue ❑ CIP Fiscal Year: 2011-2012 Project to Date Expenditures (CIP) Current Year Future Years TOTALS Budget $4,839,207.00 $4,839,207.00 Encumbered / Expended Amount 226,045.50 226,045.50 This item 202,565.00 202,565.00 BALANCE $4,410,596.50 $4,410,596.50 und(s):1059, 9040, 904 Comments: The funds required to support this contract are budgeted in the above three grant funds. The funds shown above represent the total dollars available for the combined line items in each of the funds. RECOMMENDATION: Staff recommends award of the contract as presented. LIST OF SUPPORTING DOCUMENTS: Award Matrix Approvals: Brian Narvaez, Assistant City Attorney Constance Sanchez, Interim Director of Finance Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager -408- 81-0093-11 October 18, 2011 Buyer- Michael Barrera Summary Evaluation Matrix Lead Based Paint Testing, Cleaning and Clearance All Points Environmental, L.L.C. Corpus Christi, Texas Maximum Points Envirotest, Ltd. Corpus Christi, Texas Technical Solution 30 Profile 18 Exceptions 2 Price 50 SCORE Annual Cost -409- 27.90 16.86 2.00 50.00 96.76 22.70 17.22 0.80 27.18 67.90 $202,565 $377,870 SERVICE AGREEMENT XRF LEAD-BASED PAINT TESTING, CLEANING AND CLEARANCE TESTING FOR NEIGHBORHOOD SERVICES DEPARTMENT Service Agreement No. THIS LEAD-BASED PAINT TESTING SERVICE AGREEMENT (this "Agreement") is entered into by and between _Byrdson Services, LLC dba All Points Environmental (the "Contractor") and the City of Corpus Christi, a Texas home -rule municipal corporation (the "City"), by and through its duly authorized City Manager or designee, effective for all purposes upon execution by the City Manager or designee. WHEREAS Contractor has proposed to provide XRF LEAD-BASED PAINT TESTING, CLEANING AND CLEARANCE TESTING FOR NEIGHBORHOOD SERVICES DEPARTMENT in response to Request for Proposal No. BI -0093-11, which is incorporated by reference; WHEREAS the City has determined Contractor to be the best value vendor; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide XRF LEAD-BASED PAINT TESTING, CLEANING AND CLEARANCE TESTING FOR NEIGHBORHOOD SERVICES DEPARTMENT in accordance with Request for Proposal No. BI -0093-11, which is incorporated by reference. 2. Term. This Agreement is for one year commencing on the date signed by the last signatory hereto. The term includes an option to extend for up to two (2) additional twelve- month (12) periods subject to the approval of Contractor and the City Manager or his designee ("City Manager"). 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non-performance and authorizations for payment. All of Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Housing Program Manager. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant, or employee of Contractor be considered as an employee of the City. —410— 5. Insurance. Before activities can begin under this Agreement, Contractor's insurance company(ies) must deliver a Certificate(s) of Insurance, as proof of the required insurance coverages to the Contract Administrator. Additionally, the certificate must state that the Contract Administrator will be given at least thirty (30) days advance notice of cancellation, material change in the coverages, or intent not to renew any of the policies by certified mail. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within fifteen (15) days of the City Manager's written request. Insurance requirements are incorporated herein in Request for Proposal No. BI -0093-11 which is incorporated herein as Exhibit A, and may be revised annually by the City Manager upon thirty (30) days written notice to Contractor. 6. Assignment. No assignment of this Agreement or any right or interest therein by Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31 annually, is subject to appropriations and budget approval providing for such contract item as an expenditure in that budget. The City does not represent that the budget item will be actually adopted, as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement or Contractor's offer to Request for Proposal No. BI -0093-11 waives any subsequent breach of the same. 9. Compliance with Laws. This Agreement is subject to all federal laws and laws of the State of Texas. All duties. of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and the venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 10. Amendments. This Agreement may be amended only by written agreement signed by duly authorized representatives of the parties hereto. 11. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Request for Proposal No. BI -0093-11. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured the breach within the cure period, the City Manager may terminate this Agreement immediately thereafter. —411— Alternatively, City may terminate this Agreement, with or without cause, upon twenty (20) days advance written notice to Contractor. However, the City may terminate this Agreement on 24 -hours advance written notice to Contractor for failure to pay or provide proof of payment of taxes as set out herein. 12. Taxes. Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Circular E Employer's Tax Guide, publication 15, as it may be amended Contractor must provide proof of payment of these taxes within 30 days after City Manager's written request therefore. * 13. Drug Policy. Contractor must adopt a Drug Free Workplace and drug testing policy that substantially conforms to the City's •policy. * 14. Violence Policy. Contractor must adopt a Violence in the Workplace policy that substantially conforms to the City's policy. 15. Notice. Notice may be given by fax, hand delivery or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after deposit in the U.S. mail via, if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Housing Program Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 Fax No.: (361)826-3011 IF TO CONTRACTOR: Contractor Name: All Points Environmental Contact Person: Armando Medina Regional Manger Address: 500 North Water Street Suite #401 City, State, Zip: Corpus Christi TX 78401 - Fax No.: 361-883-1511 16. Month -to -Month Extension. If the City has not completed the procurement process and awarded a new XRF LEAD-BASED PAINT TESTING, CLEANING AND CLEARANCE TESTING FOR NEIGHBORHOOD SERVICES DEPARTMENT contract upon the expiration of this Agreement, then Contractor must continue to provide services under this Agreement, at its then -current fee under the term of this Agreement, on a month-to-month basis, until a new contract is awarded by Council. This Agreement automatically expires on the effective date of a new contract; the Contract Administrator will provide written notice of the effective date of the new contract to Contractor. —412— 17. INDEMNIFICATION. CONTRACTOR SWILL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LL4BILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OFANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEY AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. 18. Severability. Each provision of this Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. SIGNED this 13 day of July , 2011. CITY OF CORPUS CHRISTI Michael Barrera Assistant Director of Financial Services Contractor: All Points Environmen —413— re ame: James H. Griffin Title: President APPROVED THIS ZQ% DAY OF S e4}es, \We- , 2011 CARLOS VALDEZ, CITY ATTORNEY By: ez, Assistant City Attorney Incorporated by Reference: Exhibit A: Request for Proposal No. BI -0093-11 Exhibit B: Proposer's Proposal -414- 23 AGENDA MEMORANDUM for the City Council Meeting of October 18, 2011 DATE: 9/15/2011 TO: Ronald L. Olson, City Manager FROM: D. Troy Riggs Chief of Police Accepting the Internet Crimes against Children Task Force Grant and appropriating funds CAPTION: A. Motion authorizing the City Manager or his designee to accept a grant in the amount of $20,000 from the Office of Juvenile Justice and Delinquency Prevention Internet Crimes Against Children (ICAC) Task Force program to continue the ICAC program within the Police Department and to execute all related documents. B. Ordinance appropriating $20,000 from the Office of Juvenile Justice and Delinquency Prevention Internet Crimes Against Children (ICAC) Task Force progra o continue the ICAC program within the Police Department in the No. 1061 Police Grants Fund, d declaring an emergency. BACKGROUND AND FINDINGS: The Office of Juvenile Justice and Delinquency Prevention Internet Crimes against Children Task Force program has approved a sub -grant for the Corpus Christi Police Department Internet Crimes Against Children Task Force. The Police Department has been a member of the ICAC since 2003. These funds will be used for the purchase of training, equipment, travel and supplies for the Task Force. There is no match required by the City. Funds are available from July 1, 2011 through June 30, 2012. ALTERNATIVES: None 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 —417— FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011-2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 20,000 20,000 BALANCE 20,000 20,000 Fund(s): Police Grants Fund Comments:1 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 R. Martinez, Assistant City Manager —418— ORDINANCE APPROPRIATING . $20,000 FROM THE OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION INTERNET CRIMES AGAINST CHILDREN (ICAC) TASK FORCE PROGRAM IN THE NO. 1061 POLICE GRANTS FUND TO CONTINUE THE ICAC PROGRAM WITHIN THE POLICE DEPARTMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $20,000 is appropriated from the Office of Juvenile Justice and Delinquency Prevention Internet Crimes Against Children (ICAC) Task Force Program in the No. 1061 Police Grants Fund to continue the ICAC program within the Police Department. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading, this the day of October, 2011. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form: September 16, 2011 T. Trisha Dar Assistant City Attorney For City Attorney —419— 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 —420— 24 AGENDA MEMORANDUM for the City Council Meeting of October 18, 2011 DATE: 9/15/2011 TO: Ronald L. Olson, City Manager FROM: D. Troy Riggs Chief of Police Accepting the Coastal Bend Regional Intelligence Fusion Center grant and appropriating funds CAPTION: A. Motion authorizing the City Manager or his designee to accept a grant in the amount of $59,914 from the State of Texas, Office of the Governor, Criminal Justice Division to establish a Regional Fusion Center grant within the Police Department and to execute all related documents. B. Ordinance appropriating $59,914 from the State of Texas, Office of the Governor, Criminal Justice Division in the No. 1061 Police Grants Fund to establish a Regional Fusion Center grant within the Police Department, and declaring an emergency. BACKGROUND AND FINDINGS: The funds will be used to hire an additional full time Intelligence Analyst for the Corpus Christi Police Department. This position will handle all Coastal Bend Regional Intelligence Fusion Center planning and operations (i.e. receipts and transmissions of data, timely data entry and analysis, field communications, reporting, etc.). The position will work alongside the current CCPD crime and intelligence analysts, who have been centralized in the newly created CCPD Fusion Center Office on the third floor of the Main Police Building. All crime and intelligence analysts will now report to the Fusion Center Captain within the Office of Administration, instead of reporting to various supervisors throughout the department. The centralization of all crime and intelligence analysts within one office, combined with the additional intelligence analyst under this grant will enable the Coastal Bend Regional Intelligence Fusion Center to accomplish the following goals: • To fully utilize the Comp Stat concept to bring local, regional and federal law enforcement partners, along with the private sector, together to share information on crime, gang activity, narcotics trafficking and all types of smuggling. • To incorporate effective techniques for intelligence sharing already established on a State and National level. • To create a 'nerve center' where information is collected and analyzed, and from which intelligence products are disseminated to all regional partners (i.e. local, regional, state, and federal law enforcement officers, etc.). • Improve the delivery of emergency and nonemergency services on a regional basis. • Provide a continuous flow of information and intelligence to all regional law enforcement partners to assist in identifying evolving threats or crime trends. The State provides $59,914 for the salary/benefits of one Intelligence Analyst. Although not required as a match by the grant, CCPD will utilize drug seizure funds to provide equipment, software, and -423- training. The grant funding is available for a five year period with 100% for the first two years and a 25% declining percentage for the remaining three years. The City must reapply each year and the grant is subject to the funds awarded by the State for distribution. ALTERNATIVES: None 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: Operating Expense Fiscal Year: 2011-2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 59,914 59,914 BALANCE _ 59,914 59,914 Fund(s): Police Grants Fund Comments: 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 R. Martinez, Assistant City Manager —424— ORDINANCE APPROPRIATING $59,914 FROM THE STATE OF TEXAS, OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION IN THE NO. 1061 POLICE GRANTS FUND TO ESTABLISH A REGIONAL FUSION CENTER WITHIN THE POLICE DEPARTMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $59,914 is appropriated from the State of Texas, Office of the Governor, Criminal Justice Division in the No. 1061 Police Grants Fund to establish a Regional Fusion Center within the Police Department: SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading, this the day of October, 2011. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form: September 16, 2011 T. Tris'htDang Assistant City Attorney For City Attorney —425— Corpus Christi, Texas day of , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: Uwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott David Loeb —426— 25 AGENDA MEMORANDUM for the City Council Meeting of October 18, 2011 DATE: 9/15/2011 TO: Ronald L. Olson, City Manager FROM: D. Troy Riggs Chief of Police Accepting the Child Sexual Predator Program Grant and appropriating funds CAPTION: A. Motion authorizing the City Manager or his designee to accept a grant in the amount of $500,000 from the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS) for funding available under the 2011 COPS Child Sexual Predator Program with a city in-kind contribution of $10,000 to be used to reduce child endangerment and to execute all related documents. B. Ordinance appropriating $500,000 from the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS) for funding available under the 2011 COPS Child Sexual Predator Program with a city in-kind contribution of $10,000 in No. 1061 Police Grants Fund to be used to reduce child endangerment, and declaring an emergency. BACKGROUND AND FINDINGS: These funds have been made available to agencies specifically invited by the United States Attorneys' Offices. Applicants must partner with the district United States Attorney's Office as well as demonstrate other partnerships with the United States Marshal. The Corpus Christi Police Department (CCPD) is an affiliate agency of the Department of Justice' 'Internet Crimes Against Children Task Force' with an existing MOU with the Texas Attorney General's Regional Internet Crimes Against Children (ICAC) Unit. The vision of the CCPD Children Sexual Predators and Exploiters (CSPE) Grant is two -fold: to reduce opportunity for child sexual predators to strike South Texas children; and, to improve capacity to investigate Internet crimes against children. This grant will continue funding for the Sexual Predator Unit established in 2008 with grant funds. There are five goals: 1. Increase and improve the Police Department's capacity to detect, locate, investigate arrest and prosecute Child Sexual Predators and Exploiters. 2. Improve capacity to monitor Child Sexual Predators on probation and parole through home visits (community policing) and with the use of computer monitoring initiatives, such as ISP tracking and computer software. 3. Initiate more proactive investigations using undercover and online investigations, conducted in partnership with partner agencies, especially the FBI, ICE, and Attorney General's Office. —429— 4. Maintain excellent collaborative relationships already built with regional partner agencies, including the U.S. Attorney Office and the U.S. Marshal, and Child Sexual Predator prosecutors throughout South Texas by providing more resources, technical assistance, information, joint meetings, and training activities and materials to strengthen their effectiveness. 5. Increase outreach and educational activities via a community policing approach that builds greater awareness and proactively halts Child Sexual Predators via preventive measures. There is no cash match required of the grant. The Police General Fund will provide for fuel and academy training expenses, and equipment for officers once they have graduated from the academy. The grant will pay for salaries and benefits of one civilian forensic analyst as well as salaries and benefits associated with the hiring of two entry level sworn officers for a full 2 year period from their hiring date of April, 2012. Funds are available for a 2 -year period beginning October 1, 2011. ALTERNATIVES: None 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: Operating Expense Fiscal Year: 2011-2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $10,000 $10,000 Encumbered / Expended Amount This item $500,000 $500,000 BALANCE $510,000 $510,000 Fund(s): Police General Fund Comments:( 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 R. Martinez, Assistant City Manager -430- ORDINANCE APPROPRIATING $500,000 FROM THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF COMMUNITY ORIENTED POLICING SERVICES (COPS) FOR FUNDING AVAILABLE UNDER THE 2011 COPS CHILD SEXUAL PREDATOR PROGRAM WITH A CITY IN-KIND CONTRIBUTION OF $10,000 IN THE NO. 1061 POLICE GRANTS FUND TO BE USED TO REDUCE CHILD ENDANGERMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $500,000 from the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS) for funding available under the 2011 COPS Child Sexual Predator Program with a city in-kind contribution of $10,000 in the No. 1061 Police Grants Fund to be used to reduce child endangerment. 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 October, 2011. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form September 16, 2011 T. Tr' ha" Dang Assistant City Attorney For City Attorney —431— Corpus Christi, Texas day of , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: Uwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott David Loeb —432— 26 AGENDA MEMORANDUM for the City Council Meeting of October 18, 2011 DATE: 9/7/2011 TO: Ronald L. Olson, City Manager FROM: C. Troy Riggs j��% ; C� ✓y Q Chief of Police �'� CAPTION: Accepting the Violence Against Women grant and appropriating funds A. Motion authorizing the City Manager or his designee to accept a grant in the amount of $94,705.63 from the State of Texas, Criminal Justice Division to continue the Violence Against Women Act (VAWA) grant within the Police Department for Year 12 with a city cash match of $47,165.44, in- kind match of $7,200 for a total project cost of $149,071.07and to execute all related documents. B. Ordinance appropriating $94,705.63 from the State of Texas, Criminal Justice Division in the No. 1061 Police Grants Fund for funding available under the Violence Against Women Act (VAWA) Fund, transferring $47,165.44 from the No. 1020 Cash contribution to grants and appropriating it in the No. 1061 Police Grants Fund as grant matching funds, and declaring an emergency. BACKGROUND AND FINDINGS: The grant continues support for the Family Violence Unit that utilizes officers and volunteers to contact family violence victims when a written report is made by a field officer or from a walk-in to the unit at the Police Department. The grant funds two victim case managers to contact victims who often fear retaliation and violence when the offender is released following arrest; contact with an advocate (case manager) can provide information concerning alternatives, available services, and protective orders to avoid continued violence. The case manager serves to establish and encourage a working relationship between social agencies and the Police Department and provides educational opportunities to the community through speaking engagements, distribution of literature, etc. A Staff Assistant handles the processing of Emergency Protective Orders. The long term goal of the grant is to provide victims of domestic violence and other serious crimes with crisis intervention, follow up assistance, encourage cooperation with law enforcement, facilitate utilization of available resources, and assist with immediate and long-term safety needs. The grant provides partial salary and benefits for two Victim Case Managers and a full time Staff Assistant. The State provides $94,705.63 and the City $54,365.44 which may be in-kind or cash contribution. We are utilizing the volunteer hours from other agencies Child Protective Services, Police volunteers, etc. to provide $7,200 toward the match. The City provides $47,165.44 for training, travel, supplies and miscellaneous equipment. The funding is not on a declining percentage or ending funding cycle. ALTERNATIVES: None —435— 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: Operating Expense Fiscal Year: 2011-2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $54,365.44 $54,365.44 Encumbered / Expended Amount This item $94,705.63 $94,705.63 BALANCE. $149,071.07 $149,071.07 Fund(s): Police Grants Fund Comments:Click here to enter text; 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 R. Martinez, Assistant City Manager -436- ORDINANCE APPROPRIATING $94,705.63 FROM THE STATE OF TEXAS, CRIMINAL JUSTICE DIVISION, IN THE NO. 1061 POLICE GRANTS FUND FOR FUNDING AVAILABLE UNDER THE VIOLENCE AGAINST WOMEN ACT (VAWA) FUND, TRANSFERRING $47,165.44 FROM THE NO. 1020 CASH CONTRIBUTION TO GRANT AND APPROPRIATING IT IN 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 $94,705.63 is appropriated from the State of Texas, Criminal Justice Division, in the No. 1061 Police Grants Fund for funding available under the Violence Against Women Act (VAWA) Fund, transferring $47,165.44 from the No. 1020 Cash contribution to grant and appropriating it in the No. 1061 Police Grants Fund as grant matching funds, and declaring an emergency. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading, this the _ day of October, 2011. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form September 15. 2011 T. Trisha Dang Assistant City Attomey For City Attorney —437— 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 —438— 27 AGENDA MEMORANDUM for the City Council Meeting of October 18, 2011 DATE: 9/7/2011 TO: Ronald L. Olson, City Manager FROM: D. Troy Riggs Chief of Police Accepting the STEP grant and appropriating funds CAPTION: A. Motion authorizing the City Manager or his designee to accept grant funding in the amount of $90,206.50 from the Texas Department of Transportation (TXDOT) for the Comprehensive Selective Traffic Enforcement Project (STEP) in the Police Department for overtime Driving While Intoxicated (DWI) and Speed enforcement with a City match of $94,047.10 and to execute all related documents. B. Ordinance appropriating $90,206.50 from the Texas Department of Transportation (TXDOT) for funding for the Comprehensive Selective Traffic Enforcement Project (STEP) in No. 1061 Police Grants Fund; and declaring an emergency. BACKGROUND AND FINDINGS: TXDOT is providing funding to continue the overtime DWI and Speed enforcement grants in the Police Department for 2012. The grant provides overtime funding for DWI and Speed enforcement across the City with varied days of the week and hours of operation. Officers will be working on an overtime basis, with the City providing $72,037.01 for salaries and fringe benefits and $22,010 for mileage. ALTERNATIVES: None 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 —441— FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011-2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $94,047.10 $94,047.10 Encumbered / Expended Amount This item $90,206.50 $90,206.50 BALANCE $184,253.60 $184,253.60 und(s): Police Grants Fun Comments:t 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 R. Martinez, Assistant City Manager —442— ORDINANCE APPROPRIATING $90,206.50 FROM THE TEXAS DEPARTMENT OF TRANSPORTATION FOR FUNDING FOR THE COMPREHENSIVE SELECTIVE TRAFFIC ENFORCEMENT PROJECT (STEP) IN NO. 1061 POLICE GRANTS FUND; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $90,206.50 is appropriated from the Texas Department of Transportation for funding for the Comprehensive Selective Traffic Enforcement Project (STEP) in No. 1061 Police Grants Fund; and declaring an emergency. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading, this the day of October, 2011. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form September 15, 2011 ang Assistant City Attorney For City Attorney —443— 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 —444— 28 City of Corpus Christi AGENDA MEMORANDUM for the City Council Meeting of October 11, 2011 DATE: September 22, 2011 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director 'Mn M ichaelMoacctexas. com 361-826-3464 GLO lease for property including Billing's & Clem's boat ramp and parking lot project PURPOSE: Resolution authorizing the City Manager to execute GLO surface lease No. SL20110014 (TXDOT lease No. L16-178-356) and the related memorandum of GLO surface lease for an approximate 2.2 acre tract in the right-of-way of Park Road 22 (Clem's & Billings boat ramp parking lot). BACKGROUND AND FINDINGS: The City of Corpus Christi has received grant funding through Texas Parks and Wildlife Safe Boating Access program to renovate two boat ramps located under the JFK Causeway bridge, near Billing's Bait Stand and Clem's Marina. The grant requires that the Texas General Land Office (GLO) and City of Corpus Christi enter into a surface lease agreement that includes maintenance of the boat ramp and parking lot improvements. ALTERNATIVES: Reject grant funding. OTHER CONSIDERATIONS: While there is no charge associated with the lease, maintenance of the improvements covered by the surface lease becomes the responsibility of the City of Corpus Christi Parks and Recreation Department. Funding for the resulting expenditures was not included in the FY12 budget. FINANCIAL IMPACT: ❑ Not Applicable X Operating Expense o Revenue ❑ CIP Fiscal Year: 2010-2011 Project to date exp (CIP Only) Current Year Future Years TOTALS Budget $0 Encumbered/Expended Amt. This item $15,000 $17,000 $32,000 Balance: $15,000 $17,000 $32,000 *$17,000 will need to continue to be budgeted in future fiscal years. In addition, funds will need to be budgeted for preventive maintenance and repairs in 3 to 5 years. RECOMMENDATION: Staff recommends approval of lease agreement. —447— Page 2 of 2 CONFORMITY TO CITY POLICY: City Council must authorize the City Manager to execute a contract or agreement for lease of City property. EMERGENCY / NON -EMERGENCY: Non -Emergency. DEPARTMENTAL CLEARANCES: Parks and Recreation; Legal LIST OF SUPPORTING DOCUMENTS: Attachments: Memorandum of Surface Lease; Surface Lease Agreement Cc: R. Jay Reining, First Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager —448— The State of Texas Austin, Texas MEMORANDUMOF GLO SURFACELEASENei SL 211110014 (TxbOTLease No. Li 6-178-350 STATE OF TEXAS XNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES This Memorandum of Surface Lease is, made to record the Lease .heretofore entered into by the State of Texas, acting by and through the Commissioner oftheeeneral Land Office (the"GLO") on behalf of the Permanent School Fund, and the Texas Department of Transportation (the"Department") (tbe':Lessors"), and me City. of Corpus Christi (the "Lessee), which affects certain lands in:Nueees County, Texas. WITNESSETH That for and in considerationof the mutual ,promises and undertakings recited in the Lease, Lessors 'and Lessee have executed Surface Lease No; SL 20110014 (the "Lase"), an original of which is recorded in the archives of the ow. Under the terms: of the Lease, Lessors have leased to Lessee certain lands located in Nueces County, described as: Being an approximately 2.2 -acre tract of land bated in the Right -of -Way of Park Road 22., and being part of Submerged State Tract 61, Laguna Madre, Nueces County, Texas, as mare particularly described in exhibits to the Lease (the `Premises"): The Lease commenced .on September 1, 2011 and shall terminate on August 31, '1036, unless earlier tennintated as authorized in the Lease: The Lessee shall have the right to use the surface of the Leased Premises for the limited purpose of construction, operation, and maintenance of public boat ramps and public parking, the scope of the grant being more particularly described in the Lease. Lessee may not assign the Lease or sublease the Premises without the prior written consent of the Lessor. Use of state property without the requisite consent may subject the user to the assessmeht and enforcement of civil penalties of tip to $ 1,000.00 per day as provided in Chapter 51 of the. Natural Resources Code. EXHam-B IN TESTIMONY WHEREOF; witness my hand and the Seal or Office, LESSOR: THE STATEOF routs By: JERRY E. PATTERSON Commissioner, General Land Me Chairman, School L.andl3oard Date: kpproved: Ctlatellts Legal Deputy &eatable LESSOR STATE OF TEXAS LESSEE:, City of Corpus Christi By: Date:.. ExeMrted and aPproVed for the Texas Transportation Commission for the purpose and effect of activating and/or carrying but the ortlerS, established policies or workprograms heretofore approved and authorized by the Texas Transportation Commission. By: ;Tan P. Campbell, P.E. Director, Right -of -Way Division Date: STATE OP COUNTY OF (Printed Name) Mk) Approved as to forst n ng A Istant C Attorney For City Attorney ACKNOWLEDGMENT This instrument was acknowledged before me on the day of . 20 by (Les,s cc reprtsouative signing this einc-nmern, Alt, fitly S Wormy &vamp& Notary Public, State of My commission expires: 2 -450- Thy State -..of Texas MO.t.filb TOM- Gumsumcv LEA NO.:81201.10014 craw Lease No 1.1.64711-3* STATEOF TEXAS 1 cIOPN'it OF NUBCBS KNOW ALL BY MESE PRESKNTS: MIS LEASE AGREEMENT No. 5120111)014 (the "Lease) in nuale and entered into lipy mid between* STATEDE tbas, and through SOW l'atletsOni Colonassioner of the Texas General Land Office (the "OLP') and the Ttxas Pepaprnent of TrallOnottatioo (The."EtePanurnel the Blip and the 1)eparitnent hereinoller collectively lefetved to as 'Lesson", ond The city .pf 0311711.5Thigti, MierS tO Plae4SOCI WRERES,S,. thete4o4 LAO Conantnnhalet tots tottbetitY to louse Petotatlent etteIfo.004 lett4e:Puteltelit le Chapter 51 TM. NAT. RES CODE, as araeoded fronifintelefinie; and ,the Dopittni, wit hot oattiteitylo; loose:highway right-of-way poverty putsuanflp Otopter 2()2, 'Subchapter C, Section 202452, TRX. TRANS CODE, as 0040 front -the to time, and pursuant to Tide a 'Static:ma 11406 -11 i606, of the TOxes AdininiatintiVe Coded es ernelidetitOnt titneto. the; and WbIEREAS, Lessethes pplied to lease thtehttre04eseribed PS, land and highway fight -of -way in Nnecies Conoly, Texts; and NOW 'THEREFORE, -,Thr Win tionvidergion of foregoing premises, thw terms, conditions, .covenants onaperfonnaitcea contained goat,. and other valuable 'consider -49n; The receipt ond,atifEeiency :of which are berelsy acknowledgedi Lessors and liesapetitgittp. as racism. ARTICLE I. Pftardses 1.0. In consideration of the IMSOPIOOrtionts'and agreements.* forth herein, and for ether good turd tralleabletainsideralioni the receipt and salibeleney of which are hereby acknowledged, .Lessors hereby grant to LS*, the right to use coastal pubtie landodetrined herein for the putposevidentified in Miele V below. The said coastal piablielan4s that Lessee llifiSi use are described as /allows: being an Eil?Prein!PW1y2:2tACT.litsetof land inIshiecei county, said poet beingliatated in tee Right -of - Way of Park Road 22, and being Eitt1tlfEttbriterged State Tract 61, Laguna Madre, Nuecescounty, Texas., as inert particularly described in Exhibits "A7, "B", oneltc attached hemp and incorporated here* by reference (the 1.02,. The Lessors and Lessee.aelmoyeledgepadagreelbut Lessee's right to use the Pitiaises is OcclusiveDelo:tiny iinproveinents located or to he located thereon, and nontxchisive as to the remainder. 1.03.Lessee aelmottiedges and figceq that Whit any isalhotized ituproilevaants ate 'placed on the Preinisis; the locatieh twit improvement; shall thereby become fixed at such location and shall not be changed except by a written arnditiota to this Agreement.. S1.20110014 BlIewgiey EXHIIAT A Kennedy Causeway Boat Ramp Lease ARTICLE II. ConSideration Ao 111• &teethed for the CitY Of Corpus arab to be the beg Woosor fOr' TRIM boat mini) Impr' ovement grab) ts and m• consideration of the City's commitment to maintnitauclt improvementst rent Es entirely offset and no paymorta shall be due, ARTICLE DI Term This Egase is for a term commencing on September 1, 2011 and terminatingOD August 31, 2036 unless sooner terminatedmn herein provided. 3.02. in the event the Department deterthines in hs sole discretion that the Premises, or any ritirtion thereof, s needed for exercising any ofits lawful functions other than leasing of right-of-way not needed for highway purposes, the Departinent;May terthinitm this Lease in its entirety or terminate With respect to any portion of the EMS and if the leriniriation i defy alb a Partititage: Pternises then thelerms of this Leant shall be eindified by tittenimendment to such:whole:anon The ellbctige.date--annsr such tetthination shall he no 'ohne than twelve (121 mantles ;front the notice date of sae* tertninafinh Sent lo the Lessee by 11e*OirangiattY, 143.. In the event that Lessors &tide to Offer the Premises for lease after the expiration cif this Lease, provided all.pnytnentthdteri,are Mkt*, and provided that there have been no unresolved events of default or .ether violations of the contrarktentis and ebrelltirem. Lessee shall have a right Of fitnt4ffer to Sete this Lease on terms andconditions to be -determined by Leskits at the time .fif renewal. Approval of such MSS andetinditiOni Shill be at the sole dis' cittion ARTICLE IV. Acceptance ofPremisei/Disehtliner 4.01. IsEassE.ACKNOW4DC4S THAT IT IS LEASING THE PREMISES "AS IS" WITH ALL FAULTS, INCLUDING RUT NOT LIMITED TO ANY AND ALL POLLUTANTS, ASBESTOS, UNDERGRGEND STORAGE TANKS AND/OR ANS' OTHER "magi -mos parmitAis" (AS SUCH TERM INDEFINED IN SECTION SIF/DEREOF)> ANI) TOAT NEITIMitatssoS,S, NOR ANytMPLOYEE 4/R AGENT OF 'LESSORS, HAVEMADE ANY REPRESENTATIONS, OR WARRANTIES AS TO THE CONDITION OESUCH PREMISES., LESSEE HEREBY WAJVES MW -AND ALL; GAUSSES QF ACTION, CLAIMS, DEMANDS,DAMAGES'-AND LIENS BASEIVON ANY WARRANTyrgpmeokiStLIEO, INCLUDING BUT NOT LThoint TO ANY IMPLIED WARRANTY OF SoTABOITY FOR A- satkO);;AR PktreoSt ANY AND : ALL WARRANTIES OF HABITABILITY" AND :ANY 'OTHER SIER WARRANTWS*10 EXPRESSLY SET PORTH IN THIS LEASE; :LESSEE ACKNOWLEDGES AND AGREES -THAT LESSEE RAS BEEN PROVIDED, TO ITESkristkertolc, THE OPPORTUNITY TO-INMeT THE. f*iw.i(Sgs:fok ANY DEFcTS THE SUITABILITY OF SUCH PROPERTY TOR THE PURPOSE TO WHICH LESSEE INTENDS rot viortsigSkAND IS RELYINOON ITSOWKINSPECTIONL THIS:LEASE:AND ANY USES AUTHOIDEED ARE SIMIECT TO:AixCOVENANTS, EASEMENTS, RESERVATIONS, RESTRICTIONSiA,M) OrtliM.MAITEAS OF RECORD ANDNOT OF RECORD APPLICABLE TO THE PREMISES; xicuyouto BUT NOT ujOrsplo: ANY RIGHTS : ot THE UNITED STATES OF AmmucA UNDER THAT -CERTAIN sr011e DISPOSAL ANO MOgya wAy .EAstiotNr DEED DATED AUGUST:21; 1947. AND RECORDED AT VOL. 382, PAGE 307,REAL PROPERTY RECORDS OF NVECEs COUNTY, TEXAS. LESSEE IS HEREBY PUT: ON NOTICE THAT MW ?Mott olts:ffr AND/0R ENCUMBRANCE MAYBE OF RECORD AND LESSEE IS ADVISED TO EXAMINE Oft RECORDS ARCHIVES AND RECORDS DIVISION OF THE TEXAS GENERAL. LAND OFFICE, 1700 NORTH CONGRESS AVENUE, AUSTIN, TEXAS, 78701, AND ALL OTHER LAND TITLE RECORDS OF THE COUNTY IN WHIM IDE PREMISES ARE LOCATED, BUT IN AN, EVENT LESSEE IS LEASING THE PREMISES SUBJECT TO ALL PRIOR RIGHTS AND ENCUMBRAISGES; WHETHER OF RECORD OR NOT. 4.02. LESSEE ACKNOWLEDGES THAT ANY AND ALL STRUCTURES AND IMPROVEMENTS EXISTING ON THE PREMISES ON THE COMMENCEMENT DATE, IF ANY, ARE ACCEPTED "AS IS" Yarn ANY ANp ALL LATENT AND PATENT DEFECTS AND THAT THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY LESSORS WITH RESPECT THERETO. LESSEE ACKNOWLEDGES: THAT, IT IS NOT RELYING UPON ANY sw4Es.fiNTAritiN, STATEMENT OR OTHER ASSERTION BY LESSORS WITH RESPECT TO ANY EXISTING STRUCTURES OR IMPROVEMENTS, BUT IS RELYING ON ITS EXAMINATION THEREOF. 4.03; THE PROVISIONS OF THIS ARTICLE IV SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE. $L201 30014 Bliesygley 2 -452- Kennedy Causeway Boat Ramp Lease ARTICLE '1/4ty Use of Premise's 3.01., testaeshall' have the right tis use and -occupy the Premises for eotmtrudion, operation, and •maintettattee ?af public /loot ramps mid,pnblic parking. Overnight use :of sueh parking areas for:ramping shall be limited to two recreational ve'brelas for a' p rttl'd' not to eteeed five censeeutive days, Notwithstanding anything hareinabove to the centtary,.avett igtt use o'F'audt parking; areas for any .at ler use is prohibited, except, ibr l essee's suhienants, guests acid invitees. ;i<.essee shall nlbtee-t tis prohibition; agairtat=ovcmtightuse of snob parkingwzas. Lessee may manage the.partititcoons by providing for reasonable pdrki-rlg tilos and` regulations, and designatiOti'bfparktng.spsees. Any propoyed Ohmage in the use of additional uses ettits Pfemises.tiot,.ptotrrtitted' herein are snbjectto the prior written appneval of Lessors. Lessee shall not engage in. any use Ono Prentlses not expressly: sst /fettle tri this Section 501 wldl'out the 1prietWtittett consent of Lessots. Where regtdrad by law, approval of Lessors is sullleea to the conctuit rine ofthe Federal Highway At mulistratien (the "FHWA"), including, but not to, approval Otte piaeeraent and useiifanyfdelstoragezanlrs,ordispensingfaiatities on the Premises. 5.02.:Lessee advowledges •and ages that resideattlai Arno oldie premises artttsalet of alcoholic beverages on the. Premises to drats5iy prdliibited: Violation efthis provision shall tiinstitute an event of default. 5.03. A. "Lessee'suse oldie ?rend= is subject to and contingent upon “stnpiiance witli'the.foilowing covenants and rolalagntiisiss`. 1. Lessee may reh ild and/or repair the existing sAvetutes author led in this: Leak. .act tett than thirty* (34) days following eonipietlbh of any 'repair or reeonstruetionxrf the Existing Improvements and any btltet iinprfer#te.'t£ta autkronzed pursuant to this Lease, Lessae:shall remove any and.alt bullding'inaterials (including, without 1`inbtaflon, ember, FVC pipe,:tnsulation, plumbing supplies, etc.) from the Premises. Lessee shall al all times daring theta= of this Cease -maintain the simctint authorized herein in good repairand safe condition; 2. ,Lessee shall, at. all times dating the Lease Term and any holdover Period, maintain ail piers, structures, mairs steps,. walkways, vehicle parking area and other improvements used, or potentially used, by the public iii geed repair iintl safecenditten. 3. Afty.aip rap located on the Premises ystrall consist ofcancrete black; interloekiiag brick, sack eretoonck.targe enough mato displaced by storms, and/or concrete rubble which is free ofprbtruding rebar, Lessee lrerebyackmrwledges: and agrees that the use of tures* vehicle parts, appliances, trash, debris, asphalt, vegetation, or other =twig not authorized herein is strictly prohibited. 4. PropwaShirig is considered a form of dredging and, as $uch, is specifically prohit maintaining areas of increased water depth. 5. Impacts to $eagr tssas, emergent marsh and/or oyster.reefs are to be strictly avoided:. Lessee's use of the Premises is subjectto and contingent upon compliance with the following Special Conditions; 1. Lessee acknowledges and agrees that any inoperable boat, vehicle er equipment which is locatedon the Premisegs fur more than thirty (5Q) consecutive days is a derelict item and mu -stile immediately removed from the.P,remises. 2. Lessee shall prevent the accumulation, storage or abandonment on the upland anti. submerged portions of.:tite Premises of any derelict vehicles, boats, trailers, equipment, parts, appliances, glass, tines, building materials (nwluding, without foundation footing, Piers, concrete ruble and walls), trash er other debris and keep the Premises in a neat; clean condition, in keeping with the nature oldie Premises and similar neighboring tracts,. 3. Lessee shah maintain regular garbage collection services, using either the seryices of the City of Corpus Christi Sanitation Division and/or the service of a solid waste contractor holding a City of Corpus Christi Solid "Waste permit and shall, upon request by Lessors, produce evidence of such garbage collection serttiees in the form of:e current contract, sequentially paid bilis, or the like. iced as a method 01'ero$ingg Or C. Prior to any construction, installation or other activities an the Premises, Lessee shall provide written notice of all Special Conditions to any contractor and/or agent involved in such activities. Lessee- shall send a copy of such notice to Lessors, 5:04. Lessors and Lessee acknowledge and agree that Lessee's right to control the use of the submerged portion of the Premises is exclusive as to the improvements located by Lessee or to be located by Lessee on the submerged portion of the Premises and non- exclusive as to any other submerged land contained within the Premises. SL20110014 3 Kennedy Causeway Boat Ramp Lease Bliewgley —453— 5.05: Lasted may hot use or occupy, permit'.the Premises to be used ar occupied, nor do or pettish anypiitrg to be One in or on the Premises in a Manner that would in any way make void or voidable: any insurance then in for_ ce with respect thereto, lort6at would alike -ft impossibie:to Obtain the insurance required to be'fbmished by Lesseehereu ider 5.06. Lessee, at Its own expense, will comply with ail federal, State, municipal and other laws, cedes, ordinances, rules .and regulations applicable to the Premises, will install and maintain lighting on the litentisSa n00004 10 comply with U:S. 00st guard and other applicable regulations; will install, remove and.alter such equipment and facilities in, and make sueh alterations to, the Prveriiteit as may be necessaryso to comply¢. will comply with such regulations as Lessors niay promulgate regarding sanitation cleanliness and other health and/or environmental mattes, including, without tiiftitatwn, roneval ofgarbage; trash and`othne waste; and will me the highest degree of care and `ail proper safeguards to prevent pollution Of air,,,soil and. vaster try on and around tine Premises. Lessee will net make anynntawthl use of -he Premises orperntit 8ny unlawitil use therein and will not ennu i% or permit anyoneolseto commit any act which is a nuisance or annoyance to Legerenr adjacentproperty owners or tenants, or wi;lcnnfOrt in Lessors' exclusive judgment, appreciably datnage lessors' goodwill or reputation, or tend to injure or depreciate the value of the Premises attaint any improvements located thereon. ht addition to the foregoing; Lessee at Lessee's expense AMY eompjy with.all laws; rales, orders, titdinaiaoes; directions, regulations, and requireruents of federal, state, county,, and inlinictpal atkliorittes•ntiw lit force or wliieb may hereafter be inforeetbatimpose any duty upon Lessors'or Lessee with respect to tense, occultation; or alteration of the Pien ises, including but not limited to the Americans with Disabilities. Act (ADA), (Public Law 1101,00; July 26, 19911), Chapter 121, TEX, HUM: RES. CODE, and. Chapter 469, TEX. GOV'T. CODE, In addition to the foregping, Lessee shall furthish to Lessors, within five. (5) flays of receipt by Lessee, copies of any and all notices and/or correspondence directed to Lessee 1>y any governmental entity ar other entity or person indieniing Violation or possible violation of any laws s:ethos regulations including whhout:limilation:any law or other regulation regarding litazardous %Menial (as defined below). 5.07. LESSEE 1S HEREBY EXPRESSLY NOTIFIED OF TIDE NATfONAL HISTORIC PRESERVATION AGTOx` 1966 (PI148906, 80 STAT. 915, 16 IJ.S.C.A. SECTION 470, ETSEQ.) AND THE TEXAS ANTIQUITIES CODE (TIT.t,L 9, CHAPTER 191, TEX., NAT. RES, CODE ANN. (VERNON 2001 & SUPP, 20041). IN CONFORMANCE WITH THESE LAWS, IN TIIE EVENT THAT ANY SITE, FOUNDATION, BUILDING, .STRUCTURE; LOCATION; OBJE0, ARTIFACT, ITEM OR OTHER FE ATURE OF ARCHAEOLOGICAL, SCIENTIFIC; EDUCATIONALiCULLTU SAL,.OU HISTORIC INTEREST ;IS ENCOUNTERED DURING THE. ACTIViTIES•AUTHORIZED BY HIS LEASE, LESSEE SHALL. IMMEDIATELY CEASE ANY AND ALL ACTIVITIES;, AND NOTIFY LESSORS AND THE TEXAS HISTORICAL COMMISSION, P.O. BOX' 12276, AUSTIN, TEXAS 78711, SO THAT APPROPRIATE ACTION MAYBE TAKEN. 549. Except a.*pressiy and specifically provided forin this Lease, Lessee may not ussrknOwingly permit rile rico # fattypart.of Olt Premises for the` manufacture of flammable; explosive, orllazaidous Materials, or forany octapation fhatwould be:deemed by Lessors or PIMA to be hazardous to either Meltighway or non -highway user. Lessee shall nut.bring onto; or tbspose:of iii, on: or sioundthe Premises -any Hazardous Material without the prior written consent of Lessors, whiehconsemshatl b°econditltri edon Lessees complying whir alt applicable foderat State, twiny and ltlunlcipal Miles and: regulationigovemingatich Hazardous M teYial anti any otherrettuiremonts of Lessors ("Conditional Cdtisent'y, For the Purposes ofthis Least; tilt tern 9fazatslous Matthia1" shall speeifioalUy exclude fuel lot meter vehicles or vessels stored in internal tanks eta hotel' Vehicle, vessel, or outboardengine• ofpott'itble: Eitel tanks while rapacity ofless than ten gallons; motor oil for motor vehicles or vessel engines; including motor oil in conttdnes': sized for retail sales to consumers; cleaning Solvents in containers Sized for retail Safes to tonsumets; and batteries Ter for motor vehiclea or vessels, but shalt include, mean and refer to one or more of the following: A. Asbestos; B. Any substance, material or waste defined as.a "hazardous waaste" pursuant to Svetion 1004 of the Resource Conservation and Recovery Act(421J.S.C: Section 6901, et. Seq.); C. Any substance, material or waste defined as a "hazardous substance' pursuant to Section 101 of the Comprehensive. Enmvmmrieatal Response, Compensation and Liability Act (42 U.S.C. Section 9601, et seq.); 1) Any substance, material or waste defined as a "regulated substance" pursuant to Subchapter IX of the Solid Waste Disposal Act (42 U.S.G. Section 6991, et. seq.); E. Any substance, material or waste which is reasonably considered by Lessors to pose an actual or potential threat to persons and/or property in, around or on the Premises. 5.10. In the event of Lessee's violation of the prohibition set forth in Section 5.09, or of Lessee's violation of any conditions applicable to Lessors' Conditional Consent, Lessors shall have the right, at Lessors' option, to (i) charge Lessee the sum of One Thousand .and SL20i10014 BHewgley 4 —454— Kennedy Causeway Boat Ramp Lease NofJ OD Dollars($1,000.0D) per day for each such violation within ten (10) days of the date ofLessors written noticeofsuch charge to Lessee, and deposit such sums) intim Stufaee-DKmage Account created by TEX. MAT. RES. CODE ANN., §52.29.7 (Vernnon 2)01 ?e Sapp:SOL , and/or iii) remedy any hazardous situation then etistog as a resnit of Lessee's violation and *mite Lases for the asst associated with same, and/or (til):ir espective.ot'the provisions of Article XIV hereof, declare Lessee in default under the tents pf Uri$ Lease: 'Notwithstanding anything hereinabove to the contrary, le the •.event of Lessee's violation, Lessors May, in addittdn io fining; Lessee forMich violation and/or dcelaringLessee in default undezthis'.Lease, require Lessee to take rernedialaction! orderto irauedy tiny hazardous situation, and Lessee hereby does* Lessors shall beentitled to enroleeMIS right by btmgiing an action far speoi it :performance in a court of competent jwi diotioa. If required to take remedial action, Lessee ahafl wit in'ten (.10) days of Les rs' natio. at its sole cost and expense; commence action as, specified by Lessors to remove all Hazardous Material from the Pretnises andfor any other public and private properly iinpented by Lessee's release or drscl argc of any hazardous Material, and f essee shall Conduct such Work in accordance with all applicable federal, State, county and municipal laws, ordinances and regulations governing such work;. 5,11. IN THE EVENT LESSEE, LESSEE'S EMPLOYEES, AGENTS; OR REPRESENTATIVES, BRINGS OR noW1NNNGLY PERMITS • THE BRINGING OF ANY HAZARDOUS MATERIA,. ONTO "THE FREMISES, OR: DISPOSES OR KNOWINGLY PERMITS' THE DISPOSAL QR'RETENTION OP ANY HAZARDOUS MATERIAL IN.OR ON TII. E PREMISES MANY ANY MANNER OR IN VIOLATION'OF TETE PROVISIONS OF THIS ARTICLE'.SV, UESSEE : to THE EXTENT AUTHORIZED BS LAW AGREES TO INDEMNIFYLESSORS FROM AND AGAINST at Asp AL1. CLAIMS (INCLUDING: STRICT IAABILATY CI AO1S), S JXTS, COSTS, CAUSES O>' ACTION, i OSSES AND ALL OI'HEI#'k, DAMAGES AND EXPENSES .(INCLUDING ME COST OP DEFENDING ACA(NST ALL it'll' THE AFORESAID) QN ACCOUNT OF CLEANUP'ABATEMENT ANTVOR DISPOSAL COSTS, FINESAND/OR PENALTIES, INCURRED OR CHARGED DUE TO THE PRESENCE 0? SUCU BAZAR iOUS MATERIALS,. PROPERTY' DAMAGE ANDoOR PERSONAL INJURY SUSTAINED OR ALLEGED'. TO RAVE BEEN SUSTAINED AV A)VY PERSON Ori PERSONS; AND TUE COST of REMOVING ANY LIEN PLACED on TRE PREMISE$. LESSEE'S IIdDEMItIITY I{EREIJNDER INCLUDES, BUT IS NOT LIMITED TO, ANY NEGLIGENT ACT OR OMISSION OF LESSEE;. LESSEE'S EMPLOYEES, AGENTS MW/Ok REPRESENTATIVES, OR.,r1 W OTHER PERSON OCCUP'YJNC for PREMISES, Ok• ANY PORTION '1T EREOF, BY THROUGH, OR UNDER LESSEE, LESSEE'S IN. DEtt4bll t RERE IND'ER SHALL.SURYIVE TERMKNATION`OF THIS LEASE WHETHER BT EXPIRATION OF Tiff LEASE TERM OR OTI ER"WISE. ARTICLE VL impositions Utilities, Net:Lease fi i s impositions Dented: T)te tent "Impositions" means all taxes; assessments, Intend occupancy hazes; rates and rents, excises, levies, license, franchise and permit fees, personal property taxes, ad valorem taxes and rn1her charges by any public authonty, general and "special,. ordinary and extraordinary, foreseen and unforeseen, of any kind and/or nature whatsoever, nkat are assessed,- levied: charged, confirmed or imposed during the Dasa Term by any public authority upon or that 'becoe become a fieri. tin (i) the Preimses or nay Mut thereof, including improvernents now or hereafter `c'rsmprising apart thereof;' (ii) the appurfeimnces dietitian. the'sidettvalks tlr -streets adjacent thereto;' or (m) the rent and income received by or fru the account; of Lessee' from any sublessees er for aoy use.er occupation of the Premises. 6:02 Lessee's Obligation, During the Lease Term, Lessee will pay all impositions as and when they become due. LesseeWill, if 80 requested, promptly deliver td Lessors evidence of payment At its Sole expense, Lessee may contest the valicdity rsiaamount ofauy lmjaosition, in Miith event payment may be &kited only as permitted by law; however, in no event tiny Lessee defer paymetlt ilt .a. Manner that would allow a hen to be placed upon the Premises dr any part thereof Lessors shall have the rightno require additiOnal security for any deferred payments, surdelent to cover the impositions; intern and penalties. 6:03. Utilities. Lessee will pay all charges for gas, electricity, light,; heat, air conditioning, power, telephone and anther utilhies and slmilar services rendered or supplied to the Premises, and also all water rents, sewer service charges lir Olt sins lar charges, including, but not limited to connection fees, transfer fees and deposits levied or charged against or in connection 'vitt ttro Premises: IN NO EVENT WILL LESSORS BE LIABLE FOR ANY INI'ERRDPTION OR FAILURE IN THE SUPPLYmNa OF ANY UTILITIES TO THE PREsb1ISES. 6.04. Net Lease. Lessors will not be required to make any expenditure, incur any obligation, or incur any liability of any: ltlnd whatsoever in connection with this Lease or the financing, ownership, construction, maintenance, operation pr repair of the Premises. Except as otherwise provided for In this Lease, Lessee may not allow encumbrances or bens ofany sort to be Placed upon the Promises or any part thereof. S1201100141 Bllewgley 5 —455— Kennedy Causeway Boat Ramp Lease ARTICLE VII. Maintenance 7.01,- LESSORS SHALL. HAVE NO DUTY TO REPAIR OR MAINTAIN THE PREMISES .0.1L ANY IMPROVEMENTS 111EREONi LESSORS SHALE NAVE NO DUTY TO MAKE.`ANTIREPLACEIVIW OF ANY EvIPNVEMENT. Lessee Shall Maintain in glaylefe Mae nd tentlidakilielticling the aesthetic Value, Let its sole ex-leo:S.0d tisk, all of the intaovements and equipment boated or to be boated on the Pmhiises. free from waste and indasate, provided. haweVer,lhat Lessees ebligation in this tegard shall .eittenti M the "HO -way Heft,' tailettinaftet deflad) Only to extent that the Highway Eacility is damaged as a result of LeSSeet use of the Bighwer Ftiellity or as a result of business operations .etindtteted paisitent Mitt@ Lea," andfOr any sublease. Any Such inainterninee, repair and/or replageent shall not Marc* with a:reduce the level of *OA & FligbWay Facility a determined by th Dapartintifit sole discretion. The taint "NiginvitY Pacilityu when used throttlhOut This 14Pa4t Means any *resent or future pinaical roadway iMpinveineate Within the iightrefsVitty, inplaling, but not :limited to, hOdges„ arabesiiits; drainage areas, traffic signals, signs; and madway surfaces and substirfaces. 1024. Lake shall, tthepitWioh ot tettnination'Ofthiltaae deliver:0 thepreinises, and all iniproVetitatia thetemii.cleamand free ttfnigh and in gtiedrepairend coridition (reasaltable Weerand teafekceMed). t03. At alttiinestlurieg Materna of this Lode Lessee will Provide tash-cotiMinent in sidtable Maribor So th.attnetonterS andittvitees do not litter the Piemises. Lesseeshftfl be responsible forthe regular-ditpdttl of all trash andinfaeWage *whited Withitionendiens at the Predates (whether or not such trash or sewnge, is generated by Lessee or its costanat and inrntees Lessee: agrees *pay 1.,esSiSts, on *Mind, any stilts expended by Lessors in the nature of cienning, ;SWeeping; or sewage ;aid/or oath removal costs matteistetiivitirthetistethises andigatitoitidemnity and hold Lessors bentiesawith respect to any such costeincuWediwonyttidier peksort Aida LeSSats Maybe abligeted to 104. If the Depannient or the,GLOdeterriiiiiet that Lessee hes ailed totisintaiii or make rept at repineettletilseateMMOditerelk either amyl -May- Lessee in:Writinget said fame. Skold LeSSee fail M torrett the Situation Within the time pravided frinitiedOke; dither the Department or the GLO may itittlitthe neceSsinytotteetiorint Lesseet sole liability, and Lestee shall pay tk.enie tbatbt int.:hiding,- but tot "linked to, the eost of isbor, materials, tattiOttaitt plans and adirtiniiittatio* Within 'ten t10) 40: of seept:4ra statement &said Cost LeSSorannay; at -Lessor? Option, ehoeSeritherreMedies avittlithlehereiti;availtiblentlitW or initillablefiliquity, 7k5. At any time during the Lease Tenni:Mid Upon notitetotestee that is reasonable under the eirentristatiett,thetePartitent May require Lase& to tesseePertitiorit on any pada of -the atre:hos located between the setback Jine as shown on the exhibikayittached hereto and the Mt F. Kennedy Causeway (Wanda* under the Causeway Maga), for asiong as is Marti* necelary, ib order to perform maintenance aidtor repairs at tileybe trenessary as [determined by the Department itt its sole discretion, ARTICLE VIII. Gelistitctibil �f1tttprbvethS Lessee hereby tepresents that the stratures and introVenterits orithe Premises (the itaistilig:ImptaVeinelitt") art iidthily he Pinteisa. Lessee shall not ,conStrilet additional improvements upon the Prendies without the prior appreeal tf LesSors, Where required by law, approval of Latta* is subject to the concurrence of the :FHWA. Any addititrnat itriPtaalit6titS mast substantial/comply with the letostplenS and specifientiOnS approvedby Lessors and/Or FHWA. $-.02. ANY APPROVALS BY LESSORS :ENDER- THIS ARTICLE, INCLUDING BUT NOT LIMITED TO APPROVALS OF PLANS AND SPECIFICATIONS, INSPECTIION. OF 'WORK, DESIGN ANDIOR CONSTRUCTION; ARE NOT TO BE CONSTRUED ASA REPRESENTATION, WARRANTY OR STATEMENT AS TOTHE,QtrAurt SOUNDNESS ANDIOR SAFETY' OF THE: DESIGN AND CONSTRUCTION OF ANY OF THE IMPROVEMENTS (INCLUDING, WITHOOT LIMITATION, THE EXISTING- IMPROVEMENTS) OR FACILITIES: RELATED TRERETO. g:03. Lessee will famish to Lessors two (2) sets of complete plans and specifications for vatting and all additional improvements proposed to be placed or constructed on the PreonseS, and no work will be done *idiot* prior Written appriayal of such pians by Lessors, Where requited by law, approval of Lessors is subject to the concurrence of the FHWA. Plane must be prepared by a professional architect or engineer registered in Texas, and his or her signature; and seal must be prominently displayed on the tide sheets, The plans and specifications are to be submitted to the "District Engineer' (as defmedin Section 17.07 below) and to the GLO for approvnl. During the course of the work, any changes *r !alterations must also be submitted to the District Engineer and the GLO for approval. Where required by law, said approval is subject to the con:Ammo of the FHWA. All construction work is to he done in confoonity with the plans ant:specifications as approved. The Lessors, :their employees and/or representatives have the right to inspect work on the Pretnise,s at any time during the progress of work and to makea final inspection upon completion. Lessors may take any action necessary, including directing that work be temporally stopped, at Lessee's expense, or require that additional work be done, at Lessee's expense, to ensurecompliance:with the plans SL20110014 6 Kennedy Causeway Boat Ramp Lease Bliewgley —456— andfor=specificatims, protection M' ail parts and efentents of the highway Poi f1ity; and compliapee with ,Lessors'. ieogeptindod and satety',standa ds. Any improvements jrnciudsng, without d n tabour the 'Biden* g improvements) are to be 4esign0 and eanntttieted to permit access to Elie 1.141hway t$eiti y for the purpose of inspeeti(iri, maintenanceAnd eonstenelion When necessary of desirable as determined by the Deparintent:at itssole discretion. 8.04. Lesser, at its awn expense, shall prvyide for detvius,'bam Ades, warning sign$, flares, flashing:l ght signals,: flagmen;,and, any otbt:rsa%ty measures as are deemed apeessary Or desirable By -the Departrttent to direotand protect vohieu1at'and padesirsais trafifc while construction, maufteinance, repair work and/or atber related activities on any mrpteveiments (including, yvrtsiottt midgitiOni the Existing impmvemtnis) is in progress. Details and descriptions of theSe.traffidhattelling mbasttres tfrnst be, included **plans and specifications When submitted for approval. 14 during any construction, maintenance, repair work- or related- aetiviry;. i( becomes necessary or desirable to modify such traffic eontrol measures., prior written anOrttval abet be sbtaitied Prodi the District Engiiiea: 8:05. A. Within sixty (S0) days. following the expfra'tton Or earlier termination of this lease, Lessee shall .reaunvealt or' anyppoTtion ottlie Existing Iml,reyements, additlpnst,alterations sudor tilxfures then estating on The Premises; remove alt debris:rafting font such removal, and leave the gi'dnnd theretofore oeeupietl b P such improvements in it safe, eteart.. ,condition, alt sueh work to be done as promptIy'aid expeditiously as is reasonably poss;bleOh( in po event id/mind sixfy days). Prior to ollotkontiogtomovai aetivities't. Lessee-utast submf .plans tOrt "suck removal-lteftvities to the!Distnct Engineer and to the GIA) Such plans are subject to the written approval of Lessors prior tithe eomme'ncement of':the' removal of any improvements:. 13. If Lessee falls to eomjrly with Seaton *OSA, hereinabove, Lessors Shall have the option Tot L 1$n'.Iish and remove airy and all tmitrtivetnents:';including; without ihflitation, the Orating t j rivements): at Lessee's -expense, and Lessee shad:pay all costs thereof (ineludings: hat not limited to, the:eost of tabor; materials, equipment, plans and administration; and any amounts incurted by Lessors in attempting to-etfeet eoilectlon tbereSY) vithin ten (10) days of receipt ofti„ statemeatot`said Miffs from la ;hens' 3. Assume possession, ownership an control if the Premises and the improvements (includin*. tdniltation the Existing fmprovements}theraot 8:06: Notwithstanditng My provision fthis Lease witich.permitt Lassee to Minotsh alters renfotlel or renovate The Extsfiitg• improvements on the Premises, Lessee. Mali not "redevelop" (as hereinafter defined) the Premises without the prior written consent of tesSers, tvhsch consent may be granted or withheld in,Les§ors' sale thaeretion. Where tethered by law, said approval is subject to the condrtrrence :of the FHWA. Ey way of ercainpie and not by way of linvtation ,as a toiiditioq to permit :big *development of the Premises, Lessors- may require; (1) revisions to the rent tea* of this Lease; (2) reconsdaution.a td operation of the Premises within a liteitedsfierit4 of rote, end (3) renegotietiott of part or all of the tennieoflhis Lase. As used in this provision; "redbveiop7 pica spy Ibe a1tii'ration sif the Existing:iinprovements upon the Premises (or any oti er''iiuprovemei is autJrntizd pursuant to this Lease) whterthange the nature ittthite utlprouei tents from the ose er uses specifically set forth Section 5,01. Lessee may, witbeut engaging In. redevelopinent, remodel, teheild, rehabilitate er renovate the E'xistung, improvements (or any other in prevernents authorized pursuant 10 this Lease) se Jong as the improvements are perniittei by. secffolt'S of of this Lease and so long as'such retrtodeling, ret enstruotibn, rehabilitation er renovation shalj not result in violation of Lessees obligation to operate the Prete Inman* forth in Article:V of this Lease. 8.07. if Lessee receives prier ivtitten:approval from .Lessors to redevelop the. Premises, all plans, construction documents and specifications fir redevelopment must be furnished to the Distrkt Engineer and to the CLO for prior:nen approval. Where required by lat4, said approval is subject to the concurrence of the FHWA. Such redevelopment most comply with all other terms, conditions, covenants and periormances contained in this Lease. 8.4$. Lessee covenants that any improvements constructed on. .the ,Premises (including, without limitation, the Existing Improvactnents) will not at any tine during or after Contraction damage, threaten to damage, interfere with, reduce the level of serviceofnrotherwiseadverselyaflect.anypartorelementoftheHighwayFacilityortheoperationthereofasdeterminedby the Department in its sale discretion. oYrt' SL20110014 BHewgley 7 -457- Kennedy Causeway Boat Ramp Lease L09. 'Construction SStaridendS. Any and all improvements (including, without-limhation, the Existing Iniltrovementa) shall he constructed, and• any and all alterations, reiiovations, repairs, reforbislnnent or other work with regard tliereto shall bb perfpr» ed in noterdarice with the foliowiti "Construction Standards" therein so referenced): A. All Stich construction or work shall be performed in a good, Workmanlike manner in acebrdstet wvidt gond industry pracfieesfot the type of Work in question; 93: All such'castration or work shall be done in ct+mpliance with all applicable bui'1ding tpdea, ordrnanees'atrd otheii'1it rules androrregulationsbfgowerntnen'nd authorities having jttrisdivtion C: Lessee must obtain all required governmental licenses, permits aunt authorizations prior to heghmrng any Construction or *Oil; PCh D To the etttent arrowed by law; prier to cotnmencetnent of tonstrdetioty Lessee shall have -Obtained (End Lessee shall thereafter maintain) iii force and effect tithing all cohstruetien, insumneo covaraae'in the amount's set forth heretn'.veitli respectto the type of contiruction-or work in question and furnish evidence ofstich insurance.to.Lessora; a After commencement of constriction, Lessee covenants and agrees that such construction or work willbe pioseouted with due diligence to its completion;. cad F. Lessee is solely responsible .for.meeting and adhetingto the above cat Wen standards, 'tiotwii approval of castration' documents, G. No Improvements, other than paving, curbing 'and other incidental opentair-parking lot tele ,dintpreventeritstrpa+j be constructed Or maintained betiveen the Building Line and the southernmost lease tract line. as shot on the attached Exhibit"C" iding I e; ARTICLE 1X. Liens pres.* acknowledged crud understood that Lewers do not tonsent to;.'and havenot by the execution and:delivery o'f this: caseated to the imposition of any Beet upon the Pre» ses by any party whomsoever: Lessee shall not suffer or: pennit any s s liens or other liensto he fled.against the ate Of the Premises or artyportition thereof; `against Lessee's leaseheld-intevett in the premises, or against say -of the Improverncnts on the Premises by reason of any work; labor, Set -Vires or ivateiialsiSupplied or claimed tai have bred sleptalto Lessee* to anyoneltoiding the Prenti'ses or any Pat -there. OF tbragit or under Lessee; 9.04 in the case of the Ming of apy such lien, Lessee shall itnmediately therspon discharge the setae by payment, koz fling Or otherwise, bat Mall eyettts prior tC the formipsete thereof If default in -Meow thereof shell Crider e beyond the eipi d ioa of tali (10) days:aI er Lessee's receipt pt a notice/besot Lessors shall hnve the right[ but not, the obligation, et i,esst ts' option, to diselsarge such lien at Lessee's: sole cost and expense,. and in such event, Lessee shall reimburse assoes for Such costs. within ken OM days of receipt of a statement of said casts from Lessors. 90.3. In addition to the foregoing, Lessee shall .funtisb'to Lessors within five j$) days of receipt by Lessee copies of any and pail notices and/or correspendenee directed to Lessee by.any person of entity a 1egtng the right.to, or notifying Lessee Odle 'filing at, any meehautes, materialman's or other lien against the fee of the Premises. Lessee further covenants and agrees, to Me extent: allowed by law, to protect; indemnify, defend and hold harmless Lessors ADM and against all /rills and Clahns, liens and rights to liens for lulu*, and materials and arclnteces, engineer's, connecter's and subcontractor's clans; and all fees, .elaims andexpepses incident to the censtructian and ofatiy Improvements, including without limitation any reasonable attomeys' feeswbieh may be jncnrred by Losors in connection therewith. 9.94. Lessee shall furnish to Lessors, upon request, receipts and releases, which are acceptable to Lessors, from all tnatetialmert from whom any material is obtained by Lessee or by anyone holding through or under Lessee, for use in the hnprgvements authon?ed by [lits Lease and from all contractors and subcontractors, to the end that no liens of any character may be affixed against the Lessee's. leasehold estate created in this Lease, except those provided hereafter. ARTICLE X. Bonds 10.01. Prior tocommencement of a construction project that costs in excess of Fifty Thousand and No/100 Dollars ($so,oOo;oo), Lessee, at its sole cost and expense, shall deliver to Lessors a performance bond or other security acceptable to Lessors for a sum: to be determined by Lessors based on the cost of completion or removal of proposed improvements. The performance bond must be issued SL2011©014 BNewgley —458— Kennedy Causeway Boat Ramp Lease by a' cpnmaoy licensed *the Toxas Department of insurance: mad in a form atceptab1e m Lessors, naming the Lessors as {abit a@. Said petthnnance: bond shall be for the purpose of gaaranteeing'full and prompt:, performance of all eousttatcfon wok and full!and preinprpayutentandperfeniaihtre dell elalmants supplying labor a ndlormaterials in the per%rinauce,oftheeonstt'uetioti'iVgiic; ARTICLEXL:Sigtis 1 Ldl. All signs displays or devices placed on the Premises by Lessee.shall have prior writtenaparoval by the Gity of C©ipua gnisd4 the .bistriet Engineer and the CLO, and shall be restricted to "these indicating ownership and type of'setvhies authorized to be conductedtn the Premises, indh lingtraffic contra]. Any sut:lisigtis, displays or devices that do'not canforin to tlris paragraph May be xemovedand deposed of by Lessors at Lessee's expense: ARTICLE Xi1; Insurance and Indemnification 12,01.. Cerittattoes Thst rnrrce. Lessoe agrees M requitellit its F*Puac ett carry at 41 times while engagod in the :liorapeet en,. alteratink ttc*nstniation, repair or maintenance ofthe Lnpittvedtents during the Lease Term,,,thefnllowitig mltiittaum insurance wide- •companies authorized to do business in theiState of Toxas, protecting Lessee and Lessors, as an additional iitstned, agarnst any an440 eleitns'for injuries to persons damage to property, at a'reatth Of, or arising out lifsuch constncctien, alteration, toe nstrvatign, repair or niain'tenanae:Ohne Improvements byLessee's conhaeters: A: Worker's toniponsatiba:aa required try Texas. law 'witr the policy endorsed, Where t asodtably aYuilabid, to pmvide a elver ofsubrogatian as toLesseeand Wears, and employees liability insuraneealriot less than Qr'e.1413113on and:No/100,lAollers (S1e0f0,000:00)(or the statutt rily'regtt rod'minittum if higher) for Cada accident; B. Cammerol l enot' i Iiabll$y insurance including independent contractor's liability, completed operations and iota,* haliHity, adetjuately insurrgg each contractor's liability for :bodily injury, extended to include personal *or :liability coverage; and for darnage to property ofthird patties, with insurance trmits of not less than Pne ivlillion and No/TOd Donets;. ($11000;000:00) with rospect tut bodily Minty or death to any ntmrber of persons in any one accident or occurrence and not less than :One Million and Nati00 Dollars ($1,000,00$.00) With respect to property damage in any ong accident or beCUErtiice; C. Cotirprehensiveautomobile and truck liability insets:me, covering owned hued and :non -Owned Vehicles, With min -Sutra limits of Two Huodrad Fifty Thousand and No/100 Dollars ($350,00,0MI), etich person and rive ]dappled Thousand arid No1100 Dollars 0500{100.00), each occurrence, for bodily injury and One Hundred Thousand and Nolitl0 hollers ($100;000:00), each occurrence, for property damage, such'insuranre to -include coverage lir loading and unloading hazards; and a Lltuvt$ constrrtdion ofthe ltiiphiveirteots and awing majora terations thereof, Lessee's corthaetors sball'obfaie1,1nObrella"' excess liability coverage insuring the contradict for en amount of not less than env Wien and NVot100 Dollars (51,00000.00) tombined single litnk bodily injury and propety damage liability, including death, ia.addition to theprbnwy< coverage regnired. hereinabove. Lessee •of Lessee's contractors niustalso obtain, et no cost to Lessors,1'allHtis " butldflrisk insurance, insuring against hisses resulting froyr fire, extended coverage, vandaiism::and malicious mischief, in an amou%. equal to one hundred percent (10094 of the insurable value of the construction work, completed value fonn including materials delivered and labor performed for work. Such policy must name Lessee, Lessors, the connector, subcontractors and sub -subcontractors as loss payees as their interests may appear. The liability insurance policies required herein mast name Lessee and Lessors es en additional insured and must include waiver of subrogation endorsements in favor of Lessee and Lessors. 12.02. General Provisions. A, Lessee may provide any insurance required by this Lease in the form of a blanket policy, provided bat Lessee complies in all respects with the insurance provisions of this Lease and further provided such blanket policy is first approved by Lessors as adequate to meet rite insurance requirements set forth herein. B. Lessors hereby release Lessee, and Lessee hereby releases Lessors and their respective officers, agents, employees and servants, from any andau claims or demands for damages, loss expense or injury to the Premises; to the improvements; or to any other property of either Lessors or Lessee, us the case may be; that are caused by or result froth perils, events dr happenings that _pie the subject of insurance carried by the respective parties and in force at the time of any such loss; provided, however, That such waiver is effective only to the extent permitted by the insurance covering such loss and to the extent such insurance is not prejudiced thereby or the expense of such insurance isnot thereby increased. KL20110014 13Hewgley 9 —459— Kennedy Causeway Boat Ramp Lease 13.03. LESSEE'S INDEMNITY, EXCEPT FOR THE SOLE NEGLIGENCE OF LESSORS Fox'WIIICH LESSORSARE LEGALLY LIABLE, LESSEE 'SHALL TO THE EXTENT ALLOWED BY LAW, INDEMNIFY AN11 ROLD. IARMLESE LESSORS, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS AND THEIR RESPECf1VE, AGEINT% REPRESENTATIVES, MEMBERS OF THE TEXAS TRANSPORTATION COMMISSION; THE TEXAS LAND CuINNHSSIONER, THE FEDERAL HIGHWAY ADMINISTRATION AND ITS REPRESENTATIVES, CONTIACTORS ANI) EMPLOYEES (COLLECTIVELY, "INDEMNIFIED PARTIES'? FOR, FROM AND AGAINST ANY AND ALI. PROCEEDINGS, SUITS. ACTIONS, CLAIMS, DAMAGES, JUDGMENTS, LIABILITIES, LIENS, FINES, PENALTIES; AWARDS AND EXPENSES WHATSOEVER; INCLUDING) WITHOUT LIMITATION, STRICT LIABILI'fl' GLAJMS (COLLECTIVELY, "CLAIMS"), WHETHER SUCH CLAIMS ARE MADE BY LESSEE, LESSEE'S EMPLOYEES AGENTS, REPRESENTATIVES OR BY THIRD PARTIES, WITHOUT LIMIT AND"GVITHOUT REGARD TO: THE CAUSE: OR CAU E .T REOF OR THE NEGLI CE OF ANY PAR Pc T AND REGARDLESS .OF WHETHER SUCH CLAIMS ARE CAUSED DIRECTLY OR INDIRECTLY BY THE NEGLIGENCE OF LESSORS; THAT MAY BE BROUGHT OR INSTITUTED ON ACCOUNT OF OR GROWING OUT OF ANY AND ALL INJURES OR DAMAGES. INCLUDING DEATH, TO PERSONS OR PROPERTY RELATING DIRECTLY OR INDIRECTLY TO (I) TF.HS LEASE: (II) THE CONDITION OFTHE PREVILSESIOYI ANY OCCURRENCE IN, UPON; AT OR FROM T'HE. PREMISES OR -ANY PART' THEREOF; (IV) THE USE OR OCCUPANCY OF THE PREMISES OR MW PART THEREOF: AND/OR (V) ANY CONSTRUCTION AND RELATED ACTIVITIES BY LESSEE;: AND/OR LESSEE'S LICENSEES, INVITEES, AGENTS, CONTRACTORS, REPRESENTATIVES AND EMPLOYEES TOGETHER' WITH ANY AND ALL LOSSES THERETO, INCLUDING, BUT NOT ¢ t ' ' TO, ALL COSTS OF DEFENDING AGA/SST, INVESTIGATING AND SETTLING THE CLAIMS, IT IS THE EXPRESSED INTENITION INTENTIONOF THE P'ARTIESHHERETO.. BOTH; LESSORS. AND LESSEE, THAT THE'INDEMNITY PROVIDED FOR. IN THIS SECTION 12.03 IS INTENDED BY LESSEE TO INDEMNIFY AND PROTECT LESSORS. FROM THE CONSEQUENCES OF LESSORS' :DON NEGLIGENCE WHERETHATNEGLIG'NCE IS A. CONCURRING USE OF DEMNITV'SHALL PROTECT LESSORS AGAINST CLAIMS OF STRICT i.IABILITY. FURTHERIFIORE: 1HF DEM ; . PROVIDED FOR IN TIIIS:SECTIO 1 ..03S L . AV 0 APPLICA'IYON T THE CLAIM RESULTS FROM THE SOLE NEGLIGENCE OF LESSORS: LESSEE HALL ASSUME ON HAL TIME INDEMNIFIED PARTIES AND CONDUCT WITH DUE DILIGENCE AND IN GOOD FAITH TRE DEFENSE, WITH COUNSEL SATISFACTORY TO LESSORS, OF ANY AND ALL CLAIMS AGAINST ANY OF THE INDEMNIFIED PARTIES; PROVIDED; HOWEVER, LESSORS MAY, BUT HAVE NO OBLIGATION TO, ELECT TO CAUSE THE ATTORNEY GENERA'L .OF THE STATE OF TEXAS TO INT'ERVENE OR ASSUME THE I)EFENSE'FOR LESSORS AT THE.' SOLE EXPENSE OF LESSEE. MAINTENANCE OF ANY INSURANCE INCLUDING RUT- NOT LIMITED TO THE INSURANCE REFERRED TO IN THIS ARTICLE XIl OR BENEFITS` PAYABLE UNDER WORKERS COMPENSATION ACTS, DISABILITY BENEFIT ACTS OR OTHER EMPLOYEE BENEFIT ACTS DOTES NOT AFFECT LESSEE'S OBLIGATIONS OF INDEMNITY. LESSEE WILL HAVE TIIE RIGHT TO CONTEST THE VALIDITY OF ANY CLAIMS, IN THE NAME OF LESSORS OR LESSEE, AS LESSEE MAY DEEM APPROPRIATE PROVIDED THAT THE EXPENSES THEREOF ARE PAID' BY LESSEE, OR LESSEE CAUSES THE SAME TO TIE. PAID BY ITS INSURER. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, LESSEE`S OBLIGATION OF INDEMNITY AS' SET FORTH HEREIN WILL CONTINUE BEYOND THE TERM OF THIS LEASE IN THE EVENT LESSEE REMAINS IN POSSESSION OF THE PREMISES FOR ANY REASON,' OR IN THE EVENT LESSEE HAS ANY FURTHER OBLIGATIONS UNDER THIS LEASE; INCLUDING, BUT NOT LIMITED TO, ANY REMOVAL REQUIRED BY LESSORS. IN THE EVENT LESSORS EXERCISE LESSORS' RIGHT TO REQUIRE LESSEE TO REMOVE ALL OR PART OF THE IMPROVEMENTS, OR IN THE EVENT' LESSEE REMOVES THE IMPROVEMENTS, LESSEE'S INDEMNITY WILL CONTINUE UNTIL LESSORS DEEM SUCH REMOVAL TO BE COMPLETE. LESSEE, AS .MATERIAL PART OF THE CONSIDERATION TO LESSORS, HEREBY ASSUMES ALL RISK OF DAMAGE TO PROPERTY OR INJURY TO OR DEATH OF PERSONS WITHIN THE PREMISES, EXCEPT THAT CAUSED BY LESSORS' SOLE NEGLIGENCE, AND LESSEE HEREBY WAIVES ALL CLAIMS IN RESPECT ?HEREOF AGAINST LESSORS, EXCEPT FOR CLAIMS ARISING OUT OF LESSORS' SOLE NEGLIGENCE, EXCEPT FOR INJURY OR DAMAGE, IF ANY, CAUSED BY LESSORS' SOLE NEGLIGENCE, LESSEE HEREBY COVENANTS THE INDEMNIFIED PARTIES SHALL NOT BE LIABLE. OR RESPONSIBLE FOR ANY LOSS. OR DAMAGE WHICH MAY BE SUSTAINED BY THE GOODS, WARES, MERCHANDISE OR PROPERTY OF LESSEE, AND/OR LESSEE'S LICENSEES, INVITEES, AGENTS, CONTRACTORS, REPRESENTATIVES AND EMPLOYEES OR DEATH I OR INJURY OF ANY PERSON CAUSED BY OR RESULTING FROM THEM', FIRE, ACT OF GOD, PUBLIC ENEMY, INJUNCTION, RIOT, STRIKE, INSURRECTION OR ANY OTHER ACTION OF ANY GOVERNMENTAL BODY OR AUTHORITY, OR ANY OTHER MATTER, OR FOR ANY INJURY 0R DAMAGE OR INCONVENIENCE WHICH MAY ARISE THROUGH THE REPAIR OR ALTERATION OF ANY PART OF THE PREMISES, OR FROM ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO, CONSEQUENTIAL LOSS 0R DAMAGE PROM ANY CAUSE WHATSOEVER BY REASON OF THE CONSTRUCTION, USE, OCCUPANCY OR ENJOYMENT OF THE PREMISES BY LESSEE OR ANY PERSON THEREIN QR HOLDING UNDER LESSEE. SL20110014 !3-lewgley 10 -460- Kennedy Causeway Boat Ramp Lease 12.04. Casual Loss. UnIess c4it'asSIY115101a04.0111#wisSlin this Lease, no dealer to ihe-Stl/4es or *Peg to 9r dOttuctiot of any itilOroveritilts erected or placed at thePrexnises shall any way alter, acct or alnOt - Lessee's07-11013.0M-berentlele4 Shiding spealfically but not Hunted to) 'Lessees obligations to plyient,poti, • and athor financial o.bligatiops._herentnd ertlinIlkeyent of illy, darner to the Premises, Lelietahtill (» give iiiiitiedieltimitiften notice of the eintnege or OeStrtletlynile4eSepta,,,,,oskpoppail. theta& a description of the damage and, as 'fat. as known to Lessee, the.eance of the damage, and (WINO such action as be requited tinder applicable municipal orditiaites end adnirlaWS, rules and regulations with respect to any sno ditmgc...or Lessee shall also be obligated. to prottiptlyttruoke all debris resulting from such damage or destruction and take such SigtEn$1-4 necessary to place the Premises in it iteati Safe condition. if Wade. fails to reiri*etill such debris. or tke such action as is nreceafgyEtp place the Premiers in tsafetontlitiail within sixty (60) daYS'IO110Witig such damage or deinticliotta •:1404orslAittivolfrig,08*.(kot Mate obligation) to do Co, whereupon Lessee shall be liable to pay Lesiatstenati-dentart&theenit and'eaPeitieltnetirreril, Lessors in accomplishing such action. My failure by Lessee to Make such payment to Lessors may ttetteatod by Lessors as a detiiiiii•in the paymentOf rent due:Sini eitling1;iy LeSSeth hereunder, 12;05. In the evein:any hilprOVertients constructed on the Premises is damaged or destroyed by fire or ogjossootty, ati insurance proceeds shall be paid to Lessee and Lessee shali, within ten (10) days following such damage it Oestattethat notify Laasaia of Lessee's intent to either (ft repair and restore the lmprovements(s), or (Mt:stint:tate this Lease and ienteVe any and all itnpkotionts and/or debris resulting from Such &triage at deartette; leaving the Premises in a clean, safe condition. In the event Lessee eleeiltfto repair and reconstruct the hnpreVernents(a), Lessee shat reaortStructiemand repair work promptly and tarty fariard,Sueli work diligently: untilcompletion in accordance with atid subject to the terms and provisions of Article Vill with eenia4'40, inch activities. 12.06. In the event Lessee elects to titillate this Lease iiurstitint.tO Section' 12315 heitkall interstice pv606001141 be the OfLeSseerprOvitied„ hoWever, Lessee shall use such pre -teeth, as necessity to perform its duties and Sane the nignitethenta set in Section 12.07 of this LeaSela the event that Lessee Tani to give Lessors notice bfitS intent to terminate tenninate thls Lease pursuant to Bettina 1205 hated- theti Used shall bat:mild-and obligatedlc repair Mid necomiinct the Premises' as set *at abave 1i07, if :this Lease is tenninated ai a result of a taSnalty, Lessee must remove ell improvements and' mann the FitniiSes aecorditeet with the requirements herein, nt Lessee's expense, Within ninety (90) days at the termination of the Lease-, nib restitemenu ot Thts semion! 4.70 shall apply untotithatanding Lessee's receipt of any it' all proceeds front any Lessors will not be liable to Lessee for any expense due to the destruction and/Dr renotritilictiott of the Promises, the immtweinents thereon, dr any personal property 'cleated there:On resulting barn fire; &kid, accident Or ether eVentt. •1208. If the Premises Or any •impmvemerits thereon (inclUding„ withont limitation, the Existing Itimrtivetherits) are death:wed, either in whole or in substantial part, by fire, storm or Miter eaSualty; and as a result, in the sole opinion of the Department; a • threat to the safety Of the traveling public exists, Lessee agrees to support and cooperate in any liatieni the Depattrient.tieetne necessary to Mtn -eve such a *bleatif fire, Hoed, accident Or other Oath dethages the Highway how ;Lest4i11; tfiieeessaryr temporarily stop using:MO Prentiaei andiorianY IMPrevearteinstlieteon without liailtation01M Bkistinghttpithennental, The Department Will use all reasonable means under its domicil to gittvide ter rapid and tirtlelY repairs ar reteriStration to the Highway Facility or portion thereof that has. been dathaged, Lessors will not be liable to Lasalle for any !Certain -mit Or interference- with Lessee's ase of the 14mM* and/or Say/ittproyentOti thereat (iithiding, withoat holittitiOni the Existing Improvements) because of Ere, flood, accident, or other events, or from the making of any necessary repairs Or reatitstritetied10 any Highway Facility ARTICLE XflI. Transfer of Interests 13.01. Lessee shall not assign this Lease or sublease the Premises or any Pan thereof OrtnOrtgage, P14180c 'Vacate its imisehoiti interest or grant any concession or license within the:Pmmises or sublease any operating department therein Wi out the express prier written consent of Lessors (said consent may be granted or denied in Lessors' 'sole discretion; however, in the case ; era proposed sublease, said consent stall not be unreasonably vvidtheld, delayed, nor conifitioned, end if said Miser& if any, is not delivered to Lessee pursuant to Section: 17,01 within 10 working days of receipt by Lessor, said 'consent shall be doomod grantett);tici any Wining to do any of the foregoing shall be void and of no effect. In the event of any such attempted assignment tr atternftted sublease or should Lessee, in any other nature of transaction, permit or atlettpt•ta permit anyone to occupy the Premise (er any portion thereof), Lessors shall thereupon have the right and option (but not the obligation) to cancel and terminate this Lease effective uponEkon:(15) days notice to Lessee given by Lessors at any time thereafter either as to the entire Premises or as to only Me pottien therofaith Lessee shall have attempted to assign or sublease or otherwise permitted some other partys occupancy; and if 1.essors elect to, cancel and terminate this Lease as to the aforesaid portion of the Premises, then the Rent (but no ether charges) as to remainder of the premises shall thereafter be reduced as determined by Lessors. This prohibition against assigning or subletting shall botanstrued to include a prohibition against any assignment or subletting by operation °flaw. 8L20110014 BC -lenity 11 —461— Kennedy Causeway Boat Ratnp Lease 13.02: For the purposes of this Lease, the ph* Tennitwd Sublease' shall mean and refer to the spillage of any portion...of the Pmaiises not exceeding Ten Pereent(10%), of The tritaliquath The* ofthe Premises Many third parry,provided,.however, that no Sadt Sublease by LesSeeshall be a Permitted Sublease hereunder toilets (i) theprevisions of The ettlfiesseare sultjeetto this Lease and cut Mit in any Wayindbaiiterit With thit,Lease, and (ii) Lake remains liable to Lessors fOr All of Lessee's Obligations amler this Lease. The foregoing shall not be construed tit an .Thrtiansitm 011ie use clause or the 000111011 against:#*01% set Nth ip Section 13.011rere0f. 13:01 if this Leak IS Ssignod 4r1110 Proniites•aresithleased (Witethet M Whole or MpatOoritithe event of litemortgage, pledge or hypothecation of the leasehold filteredOr grant of eny concession or license within the Premises or if the Premises are occripied in Whole Win puitilyttoyandothor than Lessee, Lessors may nevertheless collect rental from:the -Sublessee, mortgagekpledmparkyt whoto the leasehold interest was hypothecated, tobretsiliee or licensee or other occupant and apply the net Amount collected to the rent payable heterinder; but no Stich transaction Or collection of ferit or application thereof bytessons shall be gegmai:La waiver .ot- -arse ptovisicinsbtli ttlease of Las= fronithe furthenperfornienee by Lessee of its cevenants, duties and obligations hereunder, 13:04 In any ease whets Lessors ',Consent to a sublease of the leasehold, Lessee will twain bable :for th4 perforosice of ali prAthe. i0Vtiiiirits, duties and obligations hereunder, ineluding;withrint Iiinitation, the Obligation to ay any aunts herein provided to be old arid.anY ThdardnitY.provisions provided herein, Latta will have the rightt enforce ThePrevisions of Oa Lease against Pelisse: and/or any sublessee without demand upon or proceeding in any way against any other person or ontAyi **titled, however, Lessors may waiik the provisions ortlaSebtion 1'3.04 in Writing WM in teaser -al scileditcreticia,• 13.05. Except for a Permitted Sublease, in the event of any sublease by Lake 'hereunder, the sublessee:Will by such sublease automatically„ 1) asatira all obligation; liabililies„ covenants and agreentents etartained herein without *her action or evidgme of audit _.AttuttittiOn and, 3) allow Lasers ta, enforce the obligations, babilrnes, covenants and agreement eiMtnitted herein dire* against Said sublessee. by agreeing to any sublease, the sublessee waives any defense's to direwertforeement by Lessors, including any defense based en privity of contract, Except in the .event of a Permitted Sublease, Lessee mutt give a CPI* of, this Lease to all sublessees ofthis Lease. Lettee's failure to provide a sublessee with a copy des Lease will constitute adefault hereunder: ARTICLE XIV. Default Mal Remedies 1401, In lite event Lessee defaults in the performance of any monetary or insurance obligation; tovernint7cmidition agree/jar* in , this Lease, and such default is net corrected within ten (10) days after receipt of Written imtiee from Littera to Lessee, the 6LObt:the. Department may terminate this Lease. 14.02. hi the event Lessee ileibulta in the performarree of any obligatiOn; covenant, conditioner agreement in thistease (Other than as expressly identified in Section 1401 above), and such default is not connoted within thirty (30) days after receipt of written mottos frena Letters to Lessee, the GLO or the Depalinent Thnnitrate this Leae. 14.03. Abandonment If in the sole OplitiOn Oftearirs, the hernias Cease to be used or are abtuidoried„Ltstott AAR giaettite0 thirty OW days written maddeln reortepy the PreMises. If Lessee fails to reoccupy Within :Said Thirty (30) day; Lease Shall terminate and Leasers may at their sole -Option either (i) require Lessee to remove all part of the Improvernents,(10 demolish and/or remove die improvements at Lessee's expense if Lessee Mitigate do so, or tin) 4.4$11171C possession, ownership and Saul „Of the Frt./inset and the Improvements thereon, If Lessors require the removal of the linprovements by Lessee, Lessee shall have'sixty (60) days from the expiration of the thirty (30) days notiee period as herein provided to complete snob process. 14.04 retaliation. My termination of this Lease as herein provided will not relieve Lessee from the payment of any sum or sums That atelier) due andpayahle to Lessors hereunder, or any clainn for eltinages then orthereafteraamingagainit Lessee hereunder, and any such termination will not prevent Lessors from enforeingthe payment of any such of sums ot Aloha for :camases from Lessee for any default hereunder, 411 money due under the tonne of this Lease will beer interest at the rate Qf ten percent (D%) pet annum from the date when due until actually pnid, or at the highest rate allowed under applicable Willy lawstual regulations, _whichever is lower. Al) rights, options and remedies ofLessors contained in this Lease Art to be consoled and held to betblittilatiat, and no one of them is exclusive of the Others. Lessors will also have the lien to pursue any other remedy or reliefthat may be provided by law or equity, whetheror not stated in this Lease. 14.05. It on account of any breach or default by Lessee of its obligations wider this Lease, Lessors enforce Or deteristl any Stetson' rights orremnedaes hereunder, and should Lessors .prevail, Lessors will be entitled to reeeive freer Lesko reimbursement foray and all costs, including, but not limited to attorneys' fees, incurred in such connection. SL20110014 Bliewgley 12 —462— Kennedy Causeway Soat Ramp Lease 1U6S:t!beatS and .!!tiCigurotrits: Thetiapircition Or Spinier ttnnitkion Of this Lease* prodded hettin atittiotleally asnitititit lEntheractiontertiiirietesitil assigninentstind sablessesigthiS Lease. :ARTICLE XY.LRerireseptations- 1.5:01i, Qiiiet:ThijOynient gishitatit the praVisits ofthis Lase, so long as ilit:Lassei pays the rent and performs till Of itsobligaliona rn thiS:lae,,.LeSateic -*Catiesit �fihe Premises Will notbe diduria001?)/ Lessors, their respective sonctstnin or actigna Matting taitined thli Stoat 15.01 shallist.etinstrutd Sony litritation ofEseProVitieric ISF. Article IV. I 5.02, No Parinethiilp, The emadthiship,htiMtu Lessors and Lessee is and Shall at all times Satin sokly that of Lusts*** LOSSts and net be &tined an agotteyi a ptirtiieriliiporloint vent& ARTICLE Xyl..Geittealihriteetive Provisions Ital.: Right ditty and alp -talon. Leas& Will petit tenon andior lit:Mote Ugtina representative:a:Ma* employees anter FHWA refroselitatits to eater /in the PrtaitiSta for the purpose of inspection,: to deteribitievalieditt DeSaitt is in toMpliance,Withithe - tete &this LOS and/or for Mt *lipase Of:shaming **Etna -tato prospective lessetstifidior pathos:era 16.02. Les* AVM permit ithnliStes and authorized rpresentative's of the Diliertirientandirir FHWA reptosefitittiVet to .efittr-the: PreittiSailbr tiit putpcise. Ofinipebticift niallittimie or rtenfittniction tithe Highway Facility when Mid as necetcary dotertried hytlielljejsaiiirittin it§ coltdiseretieri. ;Ital. Rate *Tette. •Wheiievat artletiodlif tiine is herein prestalb.ed for the taking oftury action by ISorstt Watt undierthia tag; -snub party shall Mk be liable Orttiptit§ible for; and t4haI1b� tad:tided from OM etaititatitirtbfatieh of:tirt,. any delaYnklo to sliikea rip% acts Of Go4 or war; pitivided„ botveliq; the forest:nag shall in to :Manlier release, rolieVe or aired the depandent obligation OF LeaSeeto pay rent 1:Cot Evan§ ofTleriblitatitai.ad Batikhytty, A. To The eattetdperaitl by **Olt Leese shall Upon the ocentitiiteotc0 ihe'filing or eltectition* betuittitte af an involuntary or voluntary petition In bankruptcy or Other insalvencypromitilingby.or against •Les§eortif petition,* arinWat itekint relief under any provision of thC.BankrtiptCy Code as maybe. amended or Many itlyintent tor tht Want. of *editors or doinpositlistror a petition or:tit/id' *teed** by.�r agelimt 14.sabefor app6fritintitt tea trate,/ tettiVer br liquidation :of Lessee or any Of Lessee's property, or (iii) a proceedingby any goVertnnental authority or hy Lake for flit diasolution or litpliclatioriottetate. B. "tithe tvent Lessee shell become a Debtor Under the panic!** Code-Whether'hy involutinitOr Wilinitaty petitit; :the. Trustee ar Lessee s Debt at4aiDtbatirkia0.§0§loit, they nettle* to 'WM* thm LeaCt:incless, at the mut ofjiieb, atatatiptieti; the Imstte. or Lan* has Mired& insividod LoSsoin.'!AtIOMAtt Astrance Etsdtfuttd*ortni‘r>thatAl)iiiithin TO days itointht dart of totopeoriibtibispotti Leaaoe&itill curt 011.twaneyryclefatificniadtelhis rasa tindeMigiesto LeeSprutbr tiny aetual.pttionligy lOssresulting,from any vastly &rank (OViditIkIp 30, days fram the datsofsouhnsstinsptiott the Trustee *Lessee will mat all notwoolittery defaults :under this Lott0;:And (id): the .asatateant %OH lieuubject to all the provisions of this tease. for purposes of thia :gectitip, Lessors ano.Lcago.Snowledge that, ,The.'earttext af a Zailkuptpr proca f Lessee; as a nthilinum 'Adequate Assurance shall. snout @) die Tmskt or Less* has and will :004130/:tb hot staleht unencumbered aftet tht.paymmit of nil secured obligations and atignistratiwOapenses to assort Lessors dint the Trustee or .Lessee will hay, sufficient Funds to fulfill the phligadons of,LeSstt Wider this tot; and (ii) the Bankruptcy Courtaball have elitred an order wanting sufficient cash payable:to Lessors anWor the 1)vstee ,Or Lassa .thell have granted a vaIi8and ports* *ct Iien and setehritt lastest via mortgage in property of 'Dusky Or Lessee aptptable as to value and kind to Lessors, to scum to Lessors tht.obligmilitn ef the:Trusteaor lastto curt the monetary and/6r iitinstionttary. (lamas ander this tAaaa witInn the time periods set forth above and (in) the Trasite ef LeSse0 at a minintutra shall deposit a sum equal toone month's rent to be -held by Lessors to secure Lessees feture otrfismanat under 'theLease. 16.05. RELEASE OF LESSORS. IF LESSORS SELL OR TRANSFER THE *RUMS OR THE LusEnow ESTATE OR ANY PART THEREOF AND AS A PART OF SUCH TRANSACTION, ASSIGN THEIR INTEREST AS LESSORS IN AND TO THIS LEASE, THEN FROM AND Arm THE EFFECTIVE DATE OF SALE OR !TRANSFER LESSORS WILL NAVE NO FURTHER LIABILITY UNDER THIS LEASE TO LESSEE, IT BEING INTENT/ED THAT THE COVENANTS AND OBLIGATIONS CONTAMD IN THIS LEASE ON THE PART OP LESSORS WILL BE BINDING ON LESSORS AND TRETE RESPECTIVE SUCCESSORS AND ASSIGNS ONLY DURING AND IN RESPECT` OF THEIR SUCCESSIVE PERIODS OF OWNERSHIP OF THE FEE, SL20110014 Bilewgley 13 —463— Kennedy Causeway Boat Ramp Lease 16b0; Waiver:of 13.disult. No waiver by Ow PardeS Weil? Of llnY eldfaull Or breach of any MOM: cOndiberl Orraili'ultili Miatease they be deemed to be a saltier of any subsequent Medan offireadh of the same er any other Mirth condition or,disv thatiffeosiiiiiod bet441. 16;07, Eichibits; Aliexhibits refrrreg to herein are lobe Considered:a prat limed ibr all purpotis with theme fordo end iffiet as if thapiiglat tflJ length h.efain. 1608 goddessors„ Thotentis,:thinditititte and covenants Contained in this Lease shall apply to and intim to the benefit 4, successors in interest and legal representatives weep as 'otherwise herein Oxides* Oren/Sri Alt Sights, powers, Privileges inirtinnityth*d duucs tilt -idioms under this Lege; itieluding,inn not ltnited to, 'atiSinotiees reiptior pthttitted to be deliVeted by LessorsteLestes . . hereunder may, af,Lesiorsi option, be ekorciseder performed by Lessors' near attorney. f6,00, Le tray not use the PfeiniSes :in any way that is inedifsisteilt With the inniintied operation, Maintenance and ,'SafetY laithe Higbway reify, or that will unduly expos c highway or non-highwitylusei•S to hnsrdous tottdthons beeMse Of tiighVity; digt, maintenah®e Mid/or oration, .16.10, Lessee *Zorn Weld miyinefabohleet to any metal ;neither of any Metal Structure,. istir drill or risretinte Any pier dr. heathen Any Stott.; metal ar wood :Strad*, onto a Highway 'FaCility without the Departments specific Witten approval of detailed: dtawqiigalliesiteb Welding, riveting 16, It Subject to "the prior *Wen appestat iitthe Deparmient, Lessee shall at LoSSees Own expense tinikeinty prOVISionsiMaiee deenistheeesSatyto meted users of the Prentises from 'gill-Maar& resulting from wit and operation of the Pligliiirayi PciIity 16.12. Holdover. If Lessecholds ever and continuos hi possessidn afthe Pretnisestiftee -expiration tif the:tatin of thiallataterkeSide will be:deemed id be oceapyidg the Ptemises Oil the bait of it Monfh-tomionth tenancy subjeato 11 erne tSI.tdeMidiikniS this Lease. 3, The obove.,,deseibed tenancy froth nunith4fo,thontirinay be terminated by either party upori thirty (3o) daysivrittsilioticola, theither. 16.14, in any eirmanstanees whensteasors are pennittedto Miter tip= the during the Lease Terrn:, Whether for iltegotpdae of inspedioix of the Pterithes, maintenance ander repair of the Highway Eigiality, curing ‘Any default uf LAM,rellphg:listmtge resulting from fire ot other enanalty or an -eminent dome taking or is otherwise permitted hereunder or by lase to go upon the Prettifies, no siMh entry shall dozialltute:an eviction or disturbance of Leaseela use and possession ,Of the Premises or a breath by Lessors of any of lasers' Obligations hereunder or toocior.Ussofs 'gable for eitilltages for loss otbnitiesif Or ettliertiee ortattieLOS$00 to be .relieved froth any of its Ohligationt hentrider .Or giant LeMee any -4t of 'Offset Or recOatteund Other tomcat and in nonneetiOn With anysuch entry incident to porformahoo:ef **pairs, replacements, maintenance er •001istruerlakedi of the aforesaid proVislons:shall be itoplicableitot*tthatanding.that Lessors mapcleat take building :materials in, to oceporrthe Premises:that may be Squirt:dor utilired CorinectiOrt with sticltenny by Lessors, 16.15, tlitder no cfrearristances what:Meyer LesSots ever be liable hereunder for nen-Sequential damages or spew dippoges, NOTWMISTANOM ANY PROVISION TO THE CONTRARY FLOWN, LESSORS' GOVERNMENTAL OR SOVEREIGN IMMUNITY iS NOT WAIVED JY ANY MONISM OF TO1S LEASE, The 'tem "IrieSsnr, as used in this Section 16J5 shall mean only the State of Texas, including the Texas General Land ()Mee, the Texas Popor0000t ottramportation, es' ovine* of the Penises for the time of their ownership of the Plitites,anct in The ofertt of the transfer by either or both owners of their respective interests in the Premises, such owner Mall thereupon be released ,a04 discharged.from all coyernmistdobligadons ef Such; Lessors tbereaiter accruing, but such covenants and obligations Shell be binding during the Lease Term upon each new oWster tor the [duration 01104 owner's. ownerMip, 1,5,16. Under no circutnstances whatsoever shall Lessee ever be liable hereunder for consequential damages or special damages; NOTWITHSTANDING ANY PROVISION TO THE CONTRARY HEREIN, LESSEE'S GOVERNMENTAL Ott 'SOVEREIGN IMIVIVNItY IS NOT 'AIM!? EIP BY ANY PROVISION OF TELS LEASE. 16.17. Termination Fen. If on account Dtany breach or default by Lessee of its obligations ander this Lease, Lessors Woree or, defend an of Lessors' rights or remedies hereunder and should Lessors prevail, Lessors will be entitled to receive from Lessee lambast:mem for any and all cotes, including, but not limited to attorneys' fees, incurred in such connection. SL20110014 BHewgley 14 —464— Kennedy Causeway Beat Ramp Lease AltripLExArg; NlijOgiecitis 17,171. NO:0o, Any notice provided fotot milted to be 0*h/winder must be given at the address or aticheisset.tiesignatod below by adepositiog same in the Dniteclrnates Mail, penrageprepri4 registered tot Certified,Munn *Molt tiipreStorLiityparketailk deliveringthe same to the party to henorified; °(1h) delivery by avert Msprestootnier sueli anEederal Ekpreas, Suah tioriceshall he effectiveupnn reeetni, as evidenced by thoexeented Pastel teneiptor tither receipt for delivery: Ifto Le*e: CitierceilittsChristi Attn: City Manager ROI Bok 9277 Corpus Christi; Texas 784694277 If to Lessors: texas General Lend Office Attn: Deputy Commissioner Professional Strikes Division Stephen k._Aitatin Bididing Rrn. 111 1700NOrthangresS Avenue Austin, Texas 78791 Andto: Texas Department of Transportation 1701.South PadS Island Drive Corpus Christi, Texas 784694907 Attn: District Engineer The partieis•maythenge their respective addtesSes teeny other location within the Unitedritares by gin* notate °Meehanp aceordatiee with this Section. 17.02. Texas Law to Apply. This Lease is to be construed under and in accordance With the laws of the'State of Texas, mid a obligatiOns -albe parties created hereunder, including' Lessee's tiliftgation to pay rent, are perfortnable rnTravis °Minty, Toes, unless criterWise Pr/mildest herein. 17.03. Legal Constmerion. In ease any one or more of the provisiOns contained Mt* Lease are for aay reustutheldto itaraild, illegal or unenforceable in any respent,,Suth invalidity, Utgabty er unenforceability will not affeetany otherproVision hereof; and this' Lease will he SIMMS as if sutli invalid, illegal Or unenforceable proviiiianihad never been tannained bait. I 7.04. Aniondnierit. No. ametaitrient; Metrification, or alteration of the tentishereof Wilt be binding:artless the Same he in -writing, 'dated subsequent to the date ltd.', and duty executed bytho pattittlitrgtO. 17)35. Headings. The articie-and section captions contained in thiS Leese are for cionVenience only titt not in any way ftmitw amplifyany tetrii ot provision Witt 1706. Definition &Lessors. The,tenn "Lessors" as used herein includes Lessors, Melt respective successors agigns, 44 their respective authorized agents, representatives tindemployees anti/or contactors. 17,07. Definition of District Engineer. Any reference in this Lease to the District Engineer Meana ti» Disitlat alghaser, Tens Department of l`ratisportation, Corpus Christi, Texas, and his or her successor at title or responiibility. When Writtbil approval of Leasers is necessary under this Lease said approval is to be obtained from the District Engineefand the MG. 7.08. Rights and Rentedies Cumulative. The rights anciremedies provided by this Lease are cumalarive,"and the. use: of any one tight or remedy by either party will not pmelude or waive its right to use any or all other remedies, Said tights and remerlis are given in addition to any other rights the parties may have by law, statute, -ordinance or otherwise. Non-discrimination. Lessee, for itself, its successors, end assigns, as:a part of the consideration S. 4� hereby coytonnt and agree, as a covenant running with the land, that no person, on the grounds of 00101 creed, national origln, marital sin*, age, sex or the presence of any sensory; mental or physical handicap will be .excluded from partiCipation m, be deniedtbe benefits of, ot be otherwise unlawfully subjected to discrimination in the use of the facility now othereafter on the Premise, that in connection with Atte construction of any Improvements on the Premises and the furnishing of services thereon, no such discrimination wig be practiced in SL20110014 BI-Ietvglq 15 -465- Kennedy Causeway Boat Ramp tease the Aelettion Of tthpleyed GY tbtragtS, lar by conthambra ih the selection:and retention .of their stibetaitthet6M.atirl 'that' Midi discrimination Will not be practiced against public in their access to and use Of ithe:fewliV and services proVidet for public actonimudatithi Multitude -1d or unmated on the Premises, Lessee'shap use theft/mitt In 'dont Mkt With 1I Other retthiternetirs ititpotecity tor pursuant to Title 49, COde.offedeiril Roplationt, DepaitteMof Traatintittatirm. SublitleAjOffite cif thetetatbary„ Mt 21, 14oir4Diterithirtatien 'Patientlly4asiittedpeogranis Tithe Department Of TtananottritiontfAtthiatkiii Of.TilleflonNICM1 Rights Aet Of 1964,:and as said Reg/Hada* Maybentlietided. :Mb breath eifany of theaboVenrindiscrithinefirilf coVenantstiltbelio MX aftlefaidt entitling theLetters tatennittate thitieiteltraccardthiceWith the set krillherein, 17,10; TlineelESSenCe: Tithe is oftheettence arta Letisd teperforthante of all ofLessee't coterie:Mt Mid Obliglitithit 171'1. Mernorentltim of Understanding. This Leate it subject:16MM cettalifMertioranditin of Understand** Ailed 00111ther.112t989, agreed to by the GLO, the Denarunent; 'and the Scheel Land BEAM, which Mettamindeln Of tinderstandingi :attached litietb,Iirid incorporated herein by reference asErthibit iistablishetAegenerat,etaiditions taid.'probediltat for the leasing Of Mate land xn Abe righttOkrayferthe Jt F. Kennedy CatiteWayinNineSCOunty; TeXat. 1712, Prior Agyedmerns Superseded, ThiS Lease torittitines fher.Sole !and Only igthement of thepartiet herelk anti etvisdaft arty prior mid,erstandings or Written Or oral agreements between the partes respecting the subjera Matter within *vent for the Memorandum Of Understanding referred to th,parogroph 17 11 There are no protitthei,.ththeSeritatiOns intratlitainenti- ekeogt...,tho§k expressed herein and in said geithianduni Of thiderStandkig The tibrilitsibri of this LSO for teramilintiOn :15Y 'bottle thidthr executionthen:Of:by Lessee does not tontlithle a:teServation'of Or Option :for the Premises and this Lease shall become effeetiVeSthly ripen eXteutiart &all parties Meta Middelliery of a Ally ertecuted dinnampart bereofby LeSsint to-LOS:tee. 13. .AdeeSSE .Itis agieofj and aelmowiedged drat Lesset.atheas to andiron' the Highuray Futility Shall betheasextlusite and:Shall belithited to and in accOrdarkewith the 10teriOnspreseetbedby the Departthent„ 17.14. Sok and Absolute nit -motion or (VMS. Notwithstanding anydrthg berein to the contrary, wheneVer4patty to IS Leassis entitled to eXervise its "tole and absolute discmtion" or 'stole that absolute opiiiion" &debtete-doh or minden MaY:be etercited /*that ititY for any reason or for no reason; Whether or.rnit trial) disetetiori or opinion iserbitrary, niicontrelled or OrkeittOnable, Any parties' eusiso �f ijsiisole and absolute diseretion" Or Reek and absolute bPinitin" shall & final and shall net be tribjett tO impost or bi subject to adjudication bya courtof law:arbitration, mediation Or otherwise. 17.15. Approval of Lessors. It is agreed and trolmowledged that a requirement under the terms of this Lease for `capprovel;Ofiby Wars" shall, where required by federal law, be subject to the further concurrence and approval Of the .Ftdegal Highway Administration(PlIWA), 1,716. Lessee acimoveledges and agrees not t ronove, alter, ot.distUrb in any way, a surYeYbettchithlric associated with the texas Coastal Oceanic Observation Network Tide Gauge Station 0051 Packety,Channeifilk "l3enclunarr). Thetrienchanirk Is a sureey,disk encased in PVC pipe end i$ recessed, ai m (0;3 ft) bele* the !ground surface. The cotatitnares at the ttehelinatic are 27- deg 38' 013" N;097 deg 14' 12.8' W. Awr1a8 XVIII. Recantation IUD. Upon execution by stl ,parties, Lessors may require -that Lessee recants memorandum of this Lease, lo fonn provided:by Lssors in the Real Property Records of the Office of the County Clerk, Nueces County, Teitas, Lessee shall provide Lessors with copy of such recorded memorandum of Lease. ARTICLR XIX. Reservations and Coriunon Carrier Rights 19.01, Lessee covenants not to interfbre with the tights of any public utility company or Other common carrier to locale, operate and maintain their Acilities within Lessors, right-of-way Lessee understands and -egos that its use of the PremiscS.40c1 The ImprOyements under this Lease is subject to the statutory right of public utilities and common carriers and that such use by Lessee and the relocation or removal of the Improvements sallied to this Lease shall be accomplished at Lessee's sok expense at Lessors' request if required to accommodate the location, operation or maintenance of facilities pursuant to those statutory rights. 19.02. Lessors reserve unto themselves, their successors, ami assigns..OJ.aiIsihis, interests and appurtenances Dike dile ownership of whatever nature not expressly conveyed by this Lease, and the rigid to exercise the same, including, but not limited to, the right-of-way over and through the Premises and across all existing and future streets, roads, and walkways for the ptapase orptiblic access and utility services to Lessors' .adjoining property, and (ii) to the extent not previously conveyed, Lessors reserve unto themsehts, Their respective successors and assigns the right to grant tights of way on, over, under, and across the Premises, pmvicled spdh tights of Way SL20110014 Blieurgley 16 —466— Kennedy Causeway Boat Ramp Lease dia riot tinitatotrably it -nacre With Lecie's nse.thetecif. Any stieh Alt* rigliti Of Way. grialtedthhy testers Met; Ctinforin with constructionpfaMdtily Subniitted by Lessee -and awe* bylsesseits. ARTICLE XX, Peridemnation 20.0.1. In the event -that any authority havingpOwer Of ofiritientdmiutin eel -cites -Said authority as x JI or'any portion Of the: Premise* the 'Slate shall toutulttivith Lessee emiediring Audi request The State and Lessee may.agree to an 40100ation-of any award made itietkintetten With sea taking, In the anagiemitentregiadhistellocation tiftlie.award, the Other nittrithitti hereof Contenting allecation athe award Shall beepplied, 201:12. If there Shall beetaking the tconefthiS Let of the entirety bribe Premise byanyauthority.havingthe peiveber erinnerittiontain then and in thatebdit the t&tfthis Leaseihall eeitseendlettninit and the date Of Stioirterinination Fab�t either party.1 election, the earlier of the date tipeet:whieh possession shall tie tendered id such authority Iby Lessee er thedate:uison Witith.posiestion &taken bysucli •setherityj 20,03. If les than the entirety efthe.ilternisessheuld be. so taken, but theyamount taken Shall exceed eitherVI 10% Elf the land dent& the 'Woollies, or (ii) 1096 'gibe:area of the buildings boated MithePrentitet,then Lessee shiellhailethetight to-terinitied: this Lease ht.ordor to exercise the Almetaid right of terulittatith% Lessee Sittelighee the State notice wthth thirty (30) days after sith land a thecendemningatitherity takei pritsessiOnof the portion tiftheProriliset 20:04. Notwithttaildingtheproviiietic.of Settitin 20.03 abeve, itillienvelit of. e.partial taking Of 10%-ettlecaof the bind ansa Of the :!Piernises; Or 1094 or less of the area of buildings located on the Promises, Lessee may reribettithatilie State not to a terthination ..jt Lease. making Such temieti Lessee agteestt:futtlith the Stitt with information dettnnittititingtnittiteh partial taking ha . bad, or is likely to have, bave an AO so detrittimital to Lessee's Overall business MAW Premises as to intelbeit Lessee's abiht to physically Operate Lessees- tattiness at the Premises .and/or to aclpbve a reasonable return on Lougoes in YeStinent The State shall not tuntaittably withhelddr delay id lignaettenttottienial of inch tettniriatieiSigetet. 20,05. lit The event ofa partici of the Preinites in AltaiI:cake dee tietbd-reetdoes tulteXectsethoToption mtertimmte, fitadt. out in .geemoi 20.03• above; and lino ngteenieht to terminate has bidatteched ft:Y-0)0;01h* Under Seetionn,04 tibevectliett this Lease shall /*Maki 10 full tome. and effebt at tothe prenlises not laketity the tondentrittigaitthority 20.06. The total or governmental agency in such condemnation prededing sbaU, ifit0I1464bIbited inCV, be:requested to ineeke; teparatesiVards to the State and Leaseetnid the Stateiond Lessee, agree:Kir eclueattieliactieitl by the cotter gevernbiental Ageney. 2007. In the :event Of a partial taking and in theevent that Lessee has not elated to terminate this tend: pursuant to-stny applicable option to do so or does not have an Optiortee dissector itthe Staw and Leasee have not asked to. teitiaato Linder :section 20.94 kibove, ;rho. Los than roam 'Os romitiio.tportioo qfhe 1'4114'4- itig may be Neenah St poulkie:aftpt Sit taking. Any that ester -410 work shall be edited forward diligently inti1 toorletionli) eoDtdenat,wftb ;and atibjeetla The prn'nsions of this lease dealing With construction and 'mutation: The respdAtien work, if any, by Lessee with room. to:tho hrtml:ses:.$11411 net -constitute an vitiation or disturbance LesseeAnseand posseildi,of,he Premises Oreitekhytko:Satc,!of any of its obligations hereunderor render the State liabletor damages or entitle Lessee to be riche* Aam any of obligations hereunder (with -the exception of thenforesnid prepottienatereductionin rent)ergrAnt Lessee any sightof setoff Or roceuptneM, 200.8. tholverd cf a taking renting in theterniination of this Least influent to dieprovisions hereof, Me:patties hereto Agree to cooperate in Applying for and prosecuting any Claim for Onward or awards in connection with suoh taking and So" agree That the aggregate net award shall be paid andtisnibuted as fellows; A. All sums awarded or agreed:4FM between the State and the condemning authority fort* taking of the fee simple :interest, excluding any and all improvements thereon, ("Foe Simple Less"); whether as damages or as compensation, will be the property of the-Stite, subject teapy provision hereof; B. All suns or agreed upon between Leese and the condemning authority for the taking of Les Ws interest hi the leasehold in the Premises(".Leasehold Loss") will be the property.of Lessedi C. Upon request of the State, Lessee agrees to immediately exeente such instrument, er insthunente, as the State May reasonably request as evidence of the Lessee's cessation in interest in Sueh portion Of the Premises that is condemned by such authority and that this Lease continues to be effective as to the balance 'of -the -Premises not condemned. 20.09, Lessee may grant to the Slate ihe authority to negotiate with snob condemning authority on behalf0f Lessee, or Lessee may represent its own interests in such negotiations, SL20I10014 I3Hewgley 17 —467— Kennedy Causeway Boat Ramp La= 20,10. If suedi taking is a pnitiat taking which does :not result in die tnranhantion Lens; the award evith_fespeot to atich tnatig (OtentingyanO0 tbeina shnlibnIandonat011nwS: A. Theft theltallbeated endpaid to Lesson the aniontattheeneffnasOntibly re..41.iltudio.fitilice_enpahnithibuildinga 'and pitiaininidabii -the Proniiiit which Loge* iatetinfienivinako.. additiOn,' &nee .th111* LiSSitenny tantati drthtOviardeneinnallyiinideifoktovhit. bittititank loSittbnainent,,at tl(pentestithoLnaine;lind B. The htlanededitinnaid stifle alkeidelbytht:Stato; and Lesgec m ilenbidnnotwith the 1:40i*tannttintt the steatanhOld Lose bears lo thepon Sitqletose„ That portat*,011bp awardottnibutWo to th Leisebold'.Vpaetalt be LOU& k shato:nt die award and Ihnontaltilorof tbe award aftrnt dnditotingtessnets.atbresaid pot:dot ihrtotshinle the ;$104 Snehoonniftainstgainhkabe,.-paId LdknOtly Wthn, party "nuntidialtbera Th0 LtneebOitlossAind_tho-EnSbnialn LOC shall 1*.datonninnd aftifiho.tinn„Infonndemnation. ARTIC.I,lia, Agrgentent / inatnnoratonstantes the ea agreement bp_Knettl..enst4s tuldistatepiorior 'written Or ptioor_Onntnitaporannomorail _ . . onnpiana :sittetirganntations shall i* brag.. ib stibannown 0rabisionsolor.examination by Lessee and* Anandon (40ru,orby, Lessee dons not notradaganitstovathan 'of Or oridOn tot litoPftllisos fiWTAhis IA3013011 bneennetifectiv0-041y upon �fall parties hereto and .ftethraY of 4 foliy.ote4tod oputanonit hereof Lessors to Lessee, .1this.- Le-ape:SW be aztieade4 obangna .or: txto(184 onlyby wridna instnnilentaignod bytodi pa -her .AP.IttE npl No Opiion 122,0j. thn'seission orthisZnasn.pat.eaandnadon by teswoudiat pacotiOnlivereet by Lkessee,trops oottots)iote,a.roservationot er option for the Pronines and 'Oda Lost shell become etinothin,ligaittit anyparty only upon axnention of all parting :beret() and dohnOiy Of a: 4diy ogeoutetloottntorpart. hertatbyLeSSCO to.14$800, ItHE litEMATISOM1011' THIS PAGE ISTENTIONAW LEFIBLANA sL2o110014 Menlo)/ 1.8 —468— Kennedy CausewayBott Ramp L6ase TESTIMONy WFIMOF Whaess Ma signal* Of dieTeta Land Conunissionerand the seal of theTekasZenerid Land Office as well as the Of the DeparhnenFSAtalititized ttresentatiiit. LESSOIt Ott stATETEXAS LESSEE tiOrifeorpus Cluisti By: By: 'Jerry E. Pete!** Coparnsgoner Texas OpperellAnd, Mee Date: AFFReVESS Cordalt WV% Lel Deputy \ Ekedahl/a la$OR STATE OP TEXAS Printed Neale 84 Title _new Approved as to ton R. n9 t City For City Attomey igkeepted and ,apj,troved fir the Texas Tdanspottatici Commisatofi forrtheperpoeanddffeet oft dividing inviter:hailing katt,the Miura, eStablialfed iviielet'brWork programa herettifdre itOprakked anditaboridad by the Tothe Ttantertatioa-Cointriiasitin. By: •Jolla?. Canyibell, ThE Dirtetor, Right-olLWay Divition Date: ACKNOWILDGMENT ttomey STATE OF COUNTY OF This Surface Lease No, S120110014 w acknowledged before neon the day of by (Name °Mame) Notary Pablie, State of My commission expires: 3120110014 Bliewg key 19 —469— Kennedy Causeway Boat Ramp Lease Title: City of Corpus Christi SL201.10014 Company: General Land Office Scale: 1 ht = 60,000 it. Date of Inspection: 12-1-10 Creator: Rene Garcia Exhibit A —470— Title: City of Corpus Christi SL20110014 t ornpany: General Land Office Scale: 1 in. = 3,0Qb ft. Date of Inspection: h2-1-40 Creator Rene Garpia Exhibit S —471— Y I st3 • Q• / f // / Q i/1 // / k, gm / / / /�� 1 / / in Q II N 0 0 0 -472- Page 1 of 2 Resolution authorizing the City Manager to execute GLO surface lease No. SL20110014 (TXDOT lease No. L16-178-356) and the related memorandum of GLO surface lease for an approximate 2.2 acre tract in the right-of-way of Park Road 22 (Clem's & Billings boat ramps parking lot). Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager is authorized to execute GLO surface lease No. SL20110014 (TXDOT lease No. L16-178-356) and the related memorandum of GLO surface lease for an approximate 2.2 acre tract in the right-of-way of Park Road 22 (Clem's & Billings boat ramps parking lot), copies of which are attached to and incorporated into this resolution as Exhibits A and B. Attest: City of Corpus Christi Armando Chapa Joe Adame City Secretary Mayor Approved 16th day of September, 2011. R. Ja ei ng Firs Assi tant City Attorney For City Attorney Billing's-Clem's parking lot lease resolution 09162011.doc -473- 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 Billing's-Clem's parking lot lease resolution 09162011.doc —474— Page 2 of 2 29 AGENDA MEMORANDUM for the City Council Meeting of October 18, 2011 DATE: 9/23/2011 TO: FROM: Ronald L. Olson, City Manager Fred A. Segundo, Director of Aviation 289.0171 ext.1213 FredSacctexas.com Authorizing the execution of future Federal Aviation Administration Memoranda of Agreement for technical services associated with the Runway Safety Project at Corpus Christi International Airport. CAPTION: Resolution authorizing the City Manager or designee to negotiate and execute Memoranda of Agreement with the Federal Aviation Administration for various FAA technical services associated with Runway Safety Project at Corpus Christi International Airport in a total amount not to exceed $650,000 to be paid from funds awarded under Federal Aviation Administration Grant No. 3-48-0051-047-2011. 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. As a result of the time -sensitive nature of the Runway Safety Project and current FAA funding cycle, Staff is requesting prior approval to execute the MOAs. The MOA's are funded by Grant 47 which was formally appropriated by the City Council on August, 30, 2011. All appropriation of funds requires approval by the City Council after grant receipt. 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: Non -Emergency DEPARTMENTAL CLEARANCES: Legal Finance Management and Budget -477- 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 0 650,000.00 0 650,000.00 BALANCE $566,000.00 $3,172,500.00 11,467,500 $15,206,000.00 Fund(s): Comments: The Department of Aviation is required to match 5% of the MOA RECOMMENDATION: Staff recommends approval of the Resolution LIST OF SUPPORTING DOCUMENTS: Resolution 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 —478— Page 1 of 1 Resolution authorizing the City Manager or designee to negotiate and execute Memoranda of Agreement with the Federal Aviation Administration for various FAA technical services associated with Runway Safety Project at Corpus Christi International Airport, in total amount not to exceed $650,000 to be paid from funds awarded under Federal Aviation Administration Grant No. 3-48-0051-047-2011. Whereas, by Ordinance No. 029192 on August 30, 2011, the City Council appropriated $2,596,792 from the Federal Aviation Administration Grant No.3-48-0051-047-2011 in the No. 3020 Airport Capital Improvement Fund for Runways 17/35 Extension, Phase 1, Runways 13/31 Extension Phase 1, and conduct taxiway utilization study, herein referred to as "Runway Safety Project"; Whereas, by Resolution on September 27, 2011, the City Council authorized the City Manager or designee to execute Memorandum of Agreement No. AJW-FN-CSA-11-250 with the FAA in the amount of $194,386.77 for technical services associated with Runway Safety Project at the Corpus Christi International Airport; Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City Manager or City Manager's designee is authorized to negotiate and execute separate Memoranda of Agreement with the Federal Aviation Administration for FAA technical services associated with Runway Safety Project at Corpus Christi International Airport, in total amount not to exceed $650,000 from funds awarded under Federal Aviation Administration Grant No. 3-48-0051-047-2011 in order to meet time sensitive deadlines and to execute all related documents. A copy of each Agreement will be filed in the City Secretary's Office. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: September 28, 2011. ��-f216r Lisa Aguilar City Attorney for the City Attorney Joe Adame Mayor -479- 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 —480— 30 AGENDA MEMORANDUM for the City Council Meeting of October 18, 2011 DATE: 10/18/2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P. E., Director of Engineering Services petean@cctexas.com (361) 826-3781 CAPTION: TA6 Approval of Construction Contract: Yorktown Boulevard from Staples to Cimarron Landscaping Improvements BOND ISSUE 2008 (Proiect No. E11029) A. Ordinance appropriating $814,025.66 of anticipated revenues from the Texas Department of Transportation in Fund No. 3530 for the Yorktown Boulevard from Staples to Cimarron Landscaping Improvements; changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase revenues and expenditures by $814,025.66. B. Motion authorizing the City Manager, or designee, to execute a construction contract with Barcom Commercial. of Corpus Christi, Texas in the amount of $1,017,532.07 for Yorktown Boulevard from Staples to Cimarron Landscaping Improvements for the Base Bid. BACKGROUND AND FINDINGS: The project consists of installing drought -tolerant landscaping and irrigation systems in the raised median for Yorktown Boulevard between Staples Street and Cimarron Boulevard. This project is part of the Transportation Enhancement Program administered by the Texas Department of Transportation (TXDOT) and provides opportunities for non-traditional transportation activities. Projects must go above and beyond standard transportation activities and be integrated into the surrounding environment in a sensitive and creative manner that contributes to the livelihood of the community, promotes the quality of the environment and enhances the aesthetics of the roadways through the grant. This project will receive a TXDOT reimbursement up to 80 percent of allowable construction costs, while the City's 20% grant match funding is available from Bond Issue 2008 proceeds. On August 17, 2011, the City received proposals from five (5) bidders and the lowest three bidders and their respective bids are as follows: Contractor Base Bid Barcom Commercial Corpus Christi, Texas $1,017,532.07 H2O Construction Services Harlingen, Texas $1,093,679.00 Maldonado Nursery San Antonio, Texas $1,136,087.29 K:IENOINEERING DATAEXCHANGE\LYNDA\STREETS12008 BOND ISSUE\6464 - YORKTOWN1E4t93 YORKTOWN LANDSCAPINGWGENDA ITEM.DOTX ALTERNATIVES: There are no alternative associated with this Base Bid. OTHER CONSIDERATIONS: The City's consultant, Freese and Nichols, conducted a bid analysis of the five proposals submitted to the City. The lowest bidder based on the Total Base Bid is Barcom Commercial of Corpus Christi, Texas. Based on the information submitted for Special Provisions A-28, A-29, and A-30, Barcom Commercial has the experience and resources to complete the project. Freese and Nichols recommend the City award the Base Bid in the amount of $1,017,532.07 to Barcom Commercial. CONFORMITY TO CITY POLICY: Conforms to statutes regarding bid process; Bond Issue 2008; FY 2011-12 Capital Budget. EMERGENCY / NON -EMERGENCY: Non Emergency DEPARTMENTAL CLEARANCES: Not applicable. FINANCIAL IMPACT: CIP Fiscal Year: 2011-2012 Project to Date Expenditures (CIP only' Current Year Future Years TOTALS Line Item Budget 1,017,532.07 $0.00 $1,017,532.07 Encumbered / Expended Amount This item $0.00 _ $1,017,532.07 $0.00 $1,017,532.07 BALANCE Fund(s): Street Bond Issue 2008 Comments:This project requires 90 working days, with anticipated completion approximately February 2012. Thus, funding for this contract will only be required during Fiscal Year 2011-2012. RECOMMENDATION: City staff and Freese and Nichols recommend that the construction contract be awarded to Barcom Commercial of Corpus Christi, Texas in the amount of $1,017,532.07 for Yorktown Boulevard from Staples to Cimarron Landscaping Improvements. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Approvals: Veronica Ocanas, 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 K:\ENGINEERING DATAEXCHANGE\LYNDA\STREETS12008 BOND ISSUE6464 - YORKTOWN\Ej1 4 YORKTOWN LANDSCAPINGWGENDA ITEM.DOTX PROJECT BUDGET Yorktown Boulevard from Staples to Cimarron Landscaping Improvements Project No. E11029 October 11, 2011 FUNDS AVAILABLE: Street CIP (Bond 2008) Texas Department of Transportation Grant TOTAL FUNDS AVAILABLE: FUNDS REQUIRED: Construction: Barcom Commercial Contingencies (5%) Consultant Fees: Consultant(Freeseand Nichols, Inc.) * Materials Testing Reimbursements: Contract Administration (Contract Preparation/Award/Admin) Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) Construction Inspection Misc. (Printing, Advertising, etc.) $277,233.65 $814,025.66 $1,091,259.31 $1,017,532.07 $50,876.60 $0.00 $0.00 $10,175.32 $10,175.32 $0.00 $2,500.00 TOTAL $1,091,259.31 ESTIMATED PROJECT BUDGET BALANCE 0.00 * Amendment No. 5 for Landscaping Design was a no -cost amendment approved August 2011 by administrative approval. There will be no material testing for this project and Construction Inspection Services are part of the Yorktown Road Construction Project and will not require additional inspection services. —485— File : \Mproject\councilexh\E11029.dwg YORKTOWN BOULEVARD FROM STAPLES TO CIMARRON LANDSCAPING IMPROVEMENTS (BOND 2008) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 10-11-2011 v= Mr MEM 4bb Page 1 of 2 Ordinance appropriating $814,025.66 of anticipated revenue from the Texas Department of Transportation in Fund No. 3530 for the Yorktown Boulevard from Staples to Cimarron Landscaping Improvements; changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase revenues and expenditures by $814,025.66; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. An amount of $814,025.66 of anticipated revenue from the Texas Department of Transportation is appropriated in Fund No. 3530 for the Yorktown Boulevard from Staples to Cimarron Landscaping Improvements. Section 2. The FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 is changed to increase revenues and expenditures by $814,025.66 each. Section 3. 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 11th day of October, 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor ARpfoved,as to fcxm:)B-Sep-11 Veronica Ocanas Assistant City Attorney for City Attorney 101111 ORD App $814,025.66 TxDOT anticipated rev for Yorktown Landscaping Imprvmts —487— Page 2 of 2 Corpus Christi, Texas day of , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo,'Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott David Loeb 101111 ORD App $814,025.66 TxDOT anticipated rev for Yorktown Landscaping Imprvmts —488— 31 DATE: TO: FROM: AGENDA MEMORANDUM for the City Council Meeting of: Presentation October 11, 2011 Action October 18, 2011 October 11, 2011 Ronald L. Olson, City Manager Pete Anaya, P.E., Director of Engineering Services peteancctexas.com, (361) 826-3781 Approval of Professional Services Contract: Oso Creek Basin Drainage Relief — Project No. E10201 PURPOSE. Motion authorizing the City Manager or designee to execute a Professional Services contract with Naismith Engineering, Inc. of Corpus Christi, Texas, in the amount of $667,690.00 for Oso Creek Basin Drainage Relief. BACKGROUND AND FINDINGS: This contract provides for the investigation of solutions to alleviate drainage issues along Oso Creek. Eight publically owned drainage structures as well as a few privately owned minor drainage structures enter Oso Creek along its length from the east confluence of Oso Creek to La Voila Creek. These drainage structures impact the base flood elevations upstream and impact drainage in the Oso Basin. This project will investigate the feasibility of constructing additional creek conveyance capacity for high flow rain events to alleviate area flooding. Development of strategies for hydraulic and hydrologic assessment will include coordination with project stakeholders, such as the Texas Department of Transportation, Nueces County, the U.S. Army Corp of Engineers, and others in the community. The impact of FEMA's ongoing map modernization in the area will also be assessed. Several scenarios will be analyzed to assess potential impact on water surface elevation in the creek during heavy rain events. A cost/ benefit analysis will be performed for scenarios that lower the Oso Creek water surface elevation. As a result, an implementation plan for proposed improvements will be developed to include recommendations that are applicable to the long term viability of development on the City's Southside and western Nueces County. The contract authorizes the necessary preliminary phase, topographic surveying and environmental services to provide a study and report of project scope with economic and technical evaluation of alternatives. Deliverables will result in submission of an Engineering Report to the City which includes preliminary designs, drawings, and written description of the project to reduce the frequency and severity of flood damage. Naismith Engineering Inc., of Corpus Christi, Texas, was selected for professional engineering services for the project through RFQ No. 2011-02. ALTERNATIVES: 1. Repeat the RFP Selection Process and negotiate with a different consultant. 2. Award the contract to Naismith Engineering Inc. as proposed. K ,Engineering DatnExchange'J(evinSGENSTORMWAT\E GEN 10201OsoCreekBasinDrainageReliel\Oso (` e9 iE.i^ecutive Summary docs FINANCIAL IMPACT: o Not Applicable o Operating Expense o Revenue X CIP FISCAL YEAR: 2011-2012 Prior Year (CIP Only) Current Year Future Years TOTALS Budget $ 900,000.00 $6,000,000.00 $6,900,000.00 Encumbered/Expended Amt. This item $667,690.00 5,800,000.00 6,467,690.00 BALANCE 232,310.00 200,000.00 432,310.00 FUNDS (SW): Storm Water CIP Fund Comments: The total basic services fee proposed for these services is $544,690. Services include development of a phased plan to improve area drainage with refined cost estimates for future project budgeting. The preliminary engineering, topographic survey, and environmental services is scheduled to be completed in April 2013. If the investigation shows significant impact to the base flood elevation, then construction funds will be pursued to complete the project in future years. The time required to complete construction will be contingent on the flood mitigation selected, the availability and timing of funds. Final completion of all mitigation measures may extend beyond the three-year Capital Improvement Planning horizon. RECOMMENDATION: City staff recommends that the contract be awarded to Naismith Engineering Inc. of Corpus Christi, Texas, in the amount of $667,690.00 for Professional Services. CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Qualifications process; FY 2011-12 Capital Budget. EMERGENCY / NON -EMERGENCY: Not Applicable. DEPARTMENTAL CLEARANCES: Not Applicable. LIST OF SUPPORTING DOCUMENTS: Exhibit A: Contract Summary Exhibit B: Project Budget Exhibit C. Location Map Cc: Veronica Ocanes, 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 —492— K:\Engineering DataExchangc'(evinS\GEMSTORMWAT\E102010soCreekBasinDreinegeReliefl0so Creek -Executive Sununery.docx CONTRACT SUMMARY SCOPE OF PROJECT (Oso Creek Basin Drainage Relief— Project No. E10201) The project will result in flood control and mitigation measures associated with the Oso Creek Basin and La Voila Creek drainage basin. This phase of the project will investigate the feasibility of constructing additional creek conveyance capacity for high flow rain events to alleviate area flooding. Several scenarios will be analyzed to assess potential impact on water surface elevation in the creek during heavy rain events. A cost/ benefit analysis will be performed for scenarios that lower the Oso Creek water surface elevation. As a result, an implementation plan for proposed improvements will be developed to include recommendations that are applicable to the long term viability of development on the City's Southside and western Nueces County. The contract authorizes the necessary preliminary phase, topographic surveying and environmental services to provide a study and report of project scope with economic and technical evaluation of alternatives. SCOPE OF SERVICES A. Basic Services. (Basic Services will include the following 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, and issue a Letter Engineering Report which includes preliminary designs, drawings, and written description of the project. This report shall include: Confer with the City staff at the start of this phase regarding the parameters of the Project. The Engineer will participate in a minimum of three (3) formal meeting(s) 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 discuss the project with the operating department (Water, Wastewater, Gas, Storm Water, Streets, etc.) and other agencies, including but not limited to the Texas Department of Transportation (TxDOT) and Texas Commission on Environmental Quality (TCEQ) as required to satisfactorily complete the Project. Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Letter Engineering Report, with executive summary, opinion of probable construction costs, defined technical evaluations of identified feasible alternatives, and review with City staff to produce an acceptable format to include: -7274574 Review the Project with the respective Operating Department(s) and discussions including clarification and definition of intent and execution of the Project; The NE will meet with City staff to collect data, discuss materials and methods of construction, and identify design and construction requirements. -7274573 Review and investigation of available records, archives, and and pertinent data related to the Project including taking photographs of the Project site, list of potential problems and —493— Exhibit A Page 1 of 3 possible conflicts, intent of design, and improvements required, and conformance to relevant Master Plan(s). -7274572 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), in accordance with S.U.E. (Subsurface Utility Engineering) standards (CI/ASCE 38-02). Subsurface investigation will be paid as an additional service. -7274571 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). - 7274570 Advise of environmental site evaluations and archeology reports that are needed for the Project (Environmental issues and archeological services to be an Additional Service). -7274569 Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet and coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. - 7274568 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. - 7274567 Provide a letter stating that the A/E and Sub -consultant Engineers have checked and reviewed the Engineering Letter Report 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 NE 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 NE will, with written authorization by the Director of Engineering Services, do the following: Topographic Survey. Provide field surveys, as required, 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 1 specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Exhibit A Page 2 of 3 —494— Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. Environmental Issues. Provide environmental site evaluations and Archeology Reports that are needed for the Project. 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. PROPOSED PROJECT SCHEDULE DAY DATE ACTIVITY Monday October 17, 2011 Begin Preliminary Phase Monday October 31, 2011 Begin Data Acquisition Monday December 12, 2011 Begin System Analysis Monday February 20, 2012 Provide Update for CIP Program Monday September 17, 2012 Submit Draft Preliminary Engineering Letter Report Monday December 24, 2012 Begin Implementation & Outreach Monday January 21, 2013 Submit Final Engineering Letter Report Monday April 29, 2013 Project Completion Summary of Fees Fee for Basic Services 1. Preliminary Phase $544,690 2. Design Phase (TBD) 3. Bid Phase (TBD) Construction Phase (TBD) Subtotal Basic Services Fees $544,690 Additional Services Permitting (TBD) Topographic Survey (AUTHORIZED) $118,000 Environmental Issues (AUTHORIZED) $ 5,000 Construction Observation Services (TBD) Warranty Phase (TBD) Sub -Total Additional Services Fees Authorized $123,000 Total Authorized Fee $667,690 Exhibit A Page 3 of 3 —495— PROJECT BUDGET OSO BASIN DRAINAGE RELIEF Project No. E10201 October 11, 2011 FUNDS AVAILABLE: Storm Water CIP Fund 900,000.00 900,000.00 FUNDS REQUIRED: Construction (Est.) . TBD Contingencies (10%) TBD Consultant Fees: Consultant (Naismith Engineering) Prelimary Phase/Topographic Surveying ................. 667,690.00 Construction Management/Inspection TBD Geotechnical Services TBD Materials Inspection & Testing (Est.) TBD Reimbursements: Engineering, Traffic Engineering, Finance, etc. 48.000.00 Total 715,690.00 Variance 184,310.00 Exhibit B Page 1 of 1 —496— File :\Mproject\councilexhibifs\exhE10201.dwg 4.64 LOCATION MAP PROJECT # E10201 HWY.a SITE PLAN NOT TO SCALE OSO CREEK DRAINAGE RELIEF 497 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 10-11-2011 MMI, MEM 1113, 32 flitt City of _ Corpus = Christi tamolisimem AGENDA MEMORANDUM for the City Council Meeting of October 11, 2011 DATE: October 11, 2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director of Engineering Services petean@cctexas.com (361) 826-3781 Valerie Gray, P. E., Director of Storm Water and Street Operations valerieg@cctexas.com (361) 826-1875 Approval of Contract for Professional Services: La Voila Creek Drainage Channel Excavation (Project No. E10200) PURPOSE: Motion authorizing the City Manager or designee to execute a Contract for Professional Services contract with Urban Engineering of Corpus Christi, Texas, in the amount of $138,000.00 for La Voila Creek Drainage Channel Excavation. BACKGROUND AND FINDINGS: Flooding in La Voila Creek basin in September 2010 resulted in significant damage to both public and private property. This project includes improvement of La Voila Creek to facilitate better area drainage.. The project includes the acquisition of right-of-way as required and permits necessary to re -align and provide channel enhancements to La Voila Creek, both north and south of Saratoga Boulevard to Oso Creek. This contract is for preliminary phase services and includes drainage analysis of the La Voila Creek basin from its confluence with Oso Creek, upstream to above the Saratoga Bridge. The drainage study will analyze existing conditions, widening of the opening under the Saratoga bridge in conjunction with the Texas Department of Transportation's proposed improvements, clearing and excavation downstream of the bridge for the City owner property (approx 2,600'), clearing and excavation from the city property downstream to Oso Creek (approx 3,000'), and completion of improvements upstream of the bridge (approx 1,500'). Recommendations for phased improvements will also be provided. A subsequent contract amendment for project permitting and design of recommended improvements will be brought forward for council consideration after completion of this preliminary project phase. Urban Engineering of Corpus Christi, Texas, was selected to complete the project as part of the RFQ No. 2011-01 Professional Services for Department of Engineering Services. ALTERNATIVES: 1. Repeat the RFP Selection Process and negotiate with a different consultant. 2. Award the contract to Urban Engineering ajsop1roposed. IC Engineering OateExchange\VELMAPIORAINAGEIE10200 LA VOLLA CREEK CHANNEL CAVATIONAGENDA ITEM 1 .tlocx FINANCIAL IMPACT: o Not Applicable ❑ Operating Expense o Revenue X CIP FISCAL YEAR: 2011-2012 Prior Year (CIP Only) Current Year Future Years TOTALS Budget $ 400,000.00 $1,000,000.00 $1,400,000.00 Encumbered/Expended Amt. This item $138,000.00 $138,000.00 BALANCE FUNDS (SW): Storm Water Comments: The estimated total project costs, including design, construction and possible acquisition of right-of-way is $11,400,000.00. The total basic services fee proposed for these preliminary phase services is $50,000. Services include development of a phased plan to improve area drainage with refined cost estimates for future project budgeting. This preliminary project phase will be completed in approximately seven months, pending findings of the wetland delineation. RECOMMENDATION: City staff recommends that the contract be awarded to Urban Engineering of Corpus Christi, Texas, in the amount of $138,000.00 for Professional Services. CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Qualifications process; FY 2011-12 Capital Budget. EMERGENCY/NON-EMERGENCY: Not Applicable. DEPARTMENTAL CLEARANCES: Storm Water 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 K\Engineering DatoExchangelVELMAPIDRAINAGE1E10200 LA VOLLA CREEK CHANNEL EXCA ATIOMAGENDA ITEM 1 .docx PROJECT BUDGET ESTIMATE LA VOLLA CREEK DRAINAGE CHANNEL EXCAVATION Project No. E10200 October 11, 2011 FUNDS AVAILABLE: Storm Water CIP $1A00,000.00 FUNDS REQUIRED: Construction (Base Bid) (estimate) $1,000,000.00 Contingency (10%) 100,000.00 Consultant Fees: Consultant (Urban Engineering) 138,000.00 Materials Testing (TBD) - Estimated Allowance 17,500.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin) 7,000.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 42,000.00 Finance Issuance 2,750.00 Misc. (Printing, Advertising, etc.) 2,750.00 TOTAL $1,310,000.00 ESTIMATED PROJECT BUDGET BALANCE $90,000.00 -503- File :\Mproject\councilexhibits\exhE10200.dwg LOCATION MAP PROJECT # E10200 SITE PLAN NOT TO SCALE LA VOLLA CREEK DRAINAGE CHANNEL EXCAVATION CITY COUNCIL EXHIBIT DE ARTMENT OFPENGIN CHRISTI, SERVICES PAGE: 1 of 1 DATE: 10-11-2011 •11 IEEE MM 33 AGENDA MEMORANDUM for the City Council Meeting of October 11, 2011 DATE: 10/11/2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P. E., Director of Engineering Services petean@cctexas.com (361) 826-3781 Foster Crowell, Director of Wastewater Services foster@cctexas.com (361) 826-1801 CAPTION: To Approval of Construction Contract: Resaca Lift Station Upgrade 2009 (Project No. 7447) Motion authorizing the City Manager, or designee, to execute a construction contract with Graham Construction Services, Inc. of Eagan, Minnesota in the amount of $1,891,600 for Resaca Lift Station Upgrade 2009 for the Base Bid. BACKGROUND AND FINDINGS: The proposed project is funded through City of Corpus Christi Capital Improvement Program Sequence No. WW 01 (New Broadway Wastewater Treatment Plant). The contract has bid and City Council approval is required for construction to commence. The project consists of pump upgrades and electrical improvements needed to support the new plant's designed treatment capacity. On August 17, 2011, the City received proposals from six (6) bidders and the lowest three bidders and their respective bids are as follows: Contractor Base Bid Graham Construction Services Eagan, Minnesota $1,891,600.00 J.S. Haren Company Athens, Tennessee $1,944,000.00 ACP Boerne, Texas $1,987,530.00 ALTERNATIVES: There are no alternatives associated with this Base Bid. K\ENGINEERING DATAEXCHANGE\VELMAP\WASTEWATER\7447 RESACA LIFT STATION\CdIOP UCTIONWGENDA ITEM.DOTX OTHER CONSIDERATIONS: The City's consultant, LNV, Inc., conducted a bid analysis of the six proposals submitted to the City. The lowest bidder based on the Total Base Bid is Graham Construction Services, Inc. of Eagan, Minnesota. Based on the information submitted for Special Provisions A-28, A-29, and A-30, Graham Construction Services, Inc. has the experience and resources to complete the project. LNV, Inc. recommends that the City award the Base Bid in the amount of $1,891,600 to Graham Construction Services, Inc. Graham Construction Services, Inc. is currently constructing improvements to the New Broadway Wastewater Treatment Plant (Project No. 7293). The construction contract was awarded to Graham Construction Services, Inc. on November 10, 2009 (Motion No. M2009-313). CONFORMITY TO CITY POLICY: Conforms to statutes regarding bid process; FY 2011-2012 Capital Budget. EMERGENCY / NON -EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Wastewater FINANCIAL IMPACT: CIP Fiscal Year: 2011-2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $21,000,000 $10,818,600 $31,818,600 Encumbered / Expended Amount This item $1,891,600 $1,891,600 BALANCE $19,108,400 $10,818,600 $29,927,000 uno(s): vvastewater Comments: The project is requires 240 calendar days, with anticipated completion approximately June 2012. Thus, funding for this contract will only be required during Fiscal Year 2011-2012. RECOMMENDATION: City staff and LNV, Inc. recommend that the construction contract be awarded to Graham Construction Services, Inc. of Eagan, Minnesota in the amount of $1,891,600 for the Resaca Lift Station Upgrade 2009. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Approvals: Veronica Ocanas, 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 IC ENGINEERING DATAEXCHANGEIVELMAP\WASTEWATERV467 RESACA LIFT STATION\CO<Q UCTION\AGENDA ITEMAOTX PROJECT BUDGET RESACA LIFT STATION UPGRADE 2009 ADJACENT TO BROADWAY WASTEWATER TREATMENT PLANT (INSIDE CITY LIMITS ONLY) (CIP 2010-2012) Project No. 7447 October 11, 2011 FUNDS AVAILABLE: Wastewater CIP (2010-2012) $2,500,000.00 FUNDS REQUIRED: Construction (Graham Construction Services, Inc.) Base Bid $1,891,600.00 Contingencies 112,500.00 Consultant Fees: Consultant (LNV Engineering, Inc.) * 182,400.00 Construciton Materials Testing (Rock Engineering) 11,970.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin) 18,750.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 43,750.00 Finance Issuance 6,250.00 Misc. (Printing, Advertising, etc.) 6,250.00 TOTAL $2,273,470.00 ESTIMATED PROJECT BUDGET BALANCE $226,530.00 "Awarded by City Council on July 14, 2009 (Motion No. M2009-190). -509- \Mproject\councilexhibits exh7447.dwg NUECES PAY PROJECT LOCATION CORPUS CPCRTSIT BJ4 LOCATION MAP NOT TO SCALE Jl 1 E. PORT AVE BR RB. Wen* BROADWAY WASTEWATER TREATMENT PLANT fraGEBAD PALO P� PROJECT SITE LOBO ST. PROJECT # 7447 VICINITY MAP NOT TO SCALE RESACA LIFT STATION UPGRADE CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 10/11/2011 1111111e 11•1•1 NW' NM NNW IS •10....100 -blU- 34 d6 City of Corpus B Chnsti IrerroxY AGENDA MEMORANDUM for the City Council Meeting of October 11, 2011 DATE: October 11, 2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director of Engineering Services J petean@cctexas.com, (361) 826-3781 Michael Morris, Director of Parks and Recreation `Min michaelmo@cctexas.com, (361) 826-3464 PURPOSE Approval of Construction Contract: Corpus Christi Beach Promenade Northward Extension for the Base Bid plus Additive Alternate No. 2 — Project No. 3393 Motion authorizing the City Manager or designee to execute a construction contract with Blue Bay Construction of Houston, Texas, in the amount of $348,910.95 for the Corpus Christi Beach Promenade Northward Extension for the Base Bid plus Additive Alternate No. 2. (Bond Issue 2008). BACKGROUND AND FINDINGS: The Base Bid includes promenade improvement consisting of approximately 3,810 LF of 10 ft. wide boardwalk, 650 sq. ft. of accessible beach matting, 2 drinking fountains, 7 concrete benches, landscaping and irrigation, elevated wood walkway and 1 elevated wood shade structure pavilion. Additive Alternate No. 1 includes adding an integrally colored and formed pattern concrete topping to base bid promenade concrete walkway. Additive Alternate No. 2 includes pedestrian improvements along the sidewalk/promenade including 7 shade structures with concrete pads, 2 concrete pads at existing shade structure canopies. Bid results and staff recommendations have been reviewed with the Corpus Christi Beach Task Force. On May 25, 2011, the City received proposals from five (5) bidders and the lowest three bidders and their respective bids are as follows: Contractor Base Bid Base Bid Additive Alternate 1 Base Bid Additive Alternate 2 Blue Bay Construction, LLC Houston, Texas $301,969.95 $140,207.50 $47,214.00 Leoncitos, Inc. Corpus Christi, Texas $339,990.24 $81,815.20 $169,409.57 Elite General Contractors Corpus Christi, Texas $377,391.20 $188,043.00 $80,625.00 BID AWARD ALTERNATIVES CONSIDERED: 1. Award Base Bid to Blue Bay Construction, LLC. 2. Award Base Bid plus Additive Alternate 1 to Leoncitos, Inc. 3. Award Base Bid plus Additive Alternate 2 to Blue Bay Construction, LLC. 4. Award Base Bid plus Additive Alternate 1 & 2 to Blue Bay Construction, LLC. 513— K\Engineedng DetaExchangeNELMAPIPARKS & REC13393 EXTEND PROMENADE NORTH CC BEACHICONSTRUCTION\3393 - Executive Summary.docx FINANCIAL IMPACT: o Not Applicable o Operating Expense o Revenue X CIP FISCAL YEAR: 2010-2011 Prior Year (CIP Only) Current Year Future Years TOTALS Budget $121,800.00 $478,200.00 $0.00 $600,000.00 Encumbered/Expended Amt. $121,800.00 $0.00 $121,800.00 This item $348,910.95 $0.00 $348,910.95 BALANCE $0.00 _ $129,289.05 $129,289.05 FUNDS (S): Parks and Recreation Comments: This project was approved by the voters in the November 2008 bond election to extend the Beach Promenade Boardwalk. This project will improve existing conditions on Corpus Christi Beach resulting in safer conditions and a more enjoyable experience for City residents and tourists. The bid results were presented and discussed with the Corpus Christi Beach Task Force. Their recommendation is to award Base Bid plus Additive Alternate 2. Additive Alternate 2 will include additional shade structures. This project requires 180 working days, with anticipated completion approximately May 2012. RECOMMENDATION: City staff and Wright Architects, recommend that the contract be awarded to Blue Bay Construction, LLC. of Houston, Texas, in the amount of $348,910.95 for the Base Bid plus Additive Alternate 2. CONFORMITY TO CITY POLICY: Conforms to statutes regarding bid process; Bond Issue 2008; FY 2011-12 Capital Budget. EMERGENCY / NON -EMERGENCY: Not Applicable. DEPARTMENTAL CLEARANCES: Parks and Recreation 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 —514— K1Engineering DataExchange\VELMAPIPARKS & REC13393 EXTEND PROMENADE NORTH CC BEACHICONSTRUCTION13393 - Executive Summary.tlocx PROJECT BUDGET CORPUS CHRISTI BEACH PROMENADE NORTHWARD EXTENSION Project No. 3393 October 11, 2011 FUNDS AVAILABLE: Parks and Recreation CIP (Bond 2008) FUNDS REQUIRED: Construction (Blue Bay Construction, LLC) Contingencies (10%) Consultant Fees: Consultant (Wright Architects) * Materials Testing Reimbursements: Contract Administration (Contract Preparation/Award/Admin) Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) Construction Inspection Finance Issuance Misc. (Printing, Advertising, etc.) TOTAL $600,000.00 348,910.95 34,891.10 57,300.00 6,978.22 9,595.05 12,211.88 12,211.88 4,361.39 1,744.55 $488,205.02 ESTIMATED PROJECT BUDGET BALANCE $111,794.98 Original Contract approved May 10, 2010 (Administrative Approval) in the amount of $48,300; Amendment No. 1 approved August 4, 2010 (Administrative Approval) in the amount of $1,500; Amendment No. 2 approved April 12, 2011 (Motion No. M2011-082) in the amount of $7,500. —515— File : \Moroiect councilexhibits\exh3393.dwa NUEC F.M. 624 LOCATION MAP NOT TO SCALE CORPUS CHRTS1? B.ay / PROJECT # 3393 VICINITY MAP NOT TO SCALE or Pr EXTEND PROMENADE NORTHWARD ON CORPUS CHRISTI BEACH CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 10-11-2011 • MIEN 0 35 AGENDA MEMORANDUM for the City Council Meeting of September 27, 2011 DATE: September 15, 2011 TO: FROM: CAPTION: 'b Ronald L. Olson, City Manager Juan Perales, Jr., Assistant City Manager; Public Works, Utilities, & Transportations JohnnyP@cctexas.com (361)826-3850 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. DEPARTMENTAL CLEARANCES: N/A, this item is intended for presentation and discussion only. -519- 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: RECOMMENDATION: N/A, this item is intended for presentation and discussion only. LIST OF SUPPORTING DOCUMENTS: PowerPoint presentation Approvals: Juan Perales, Jr., Assistant City Manager —521— Corpus Christi Seawall System Projects Recommended By the Type A Board M N 10 in cs4 1) Project Summary Description Seawall Maintenance Fund Barge Dock Elevation USACE Bulkhead Repairs Salt Flats Levee System (short term) Sunfish Island and Breakwater Breakwater at McGee Beach Salt Flats Levee System (long term) McGee Beach Nourishment Marina Breakwater Improvements Estimated Cost $4.0M $8.7 M $7.1'M $1..1 M $3.3M $7.3 M $2,7 M $1.6 M $2.4;M $38.2 M 3 Project Status Description Seawall Maintenance Fund Barge Dock Elevation TBD FY 2011-2012 CIP $8.7 M USACE Bulkhead Repairs TBD Salt Flats Levee System (short term) FY 2011-2012 CIP $792 K Prior Year CIP $308 K Sunfish Island and Breakwater FY 2011 2012 CIP $3.3 M Breakwater at McGee Beach TBD Salt Flats Levee System (long term) TBD McGee Beach Nourishment TBD Marina. Breakwater Improvements Long Range Parks CIP $2.0 M 4 Individual Project Review Barge Dock Elevation Project Location Bayfront Sclu cD'Park 40 yds. J W r3 Nti»al'I'=ai Fnlpll:n . li Z➢ pat7GQ [l AHD' r!3652 pdir,EttyinL•maWralrilp CO CO LO 147-0' EW LANDSCAPING E%ISNNG PAVEMENT TO REMAIN r/`♦l,?`\TIS FILL ANTERIAL (1YP.) NEW TRADER PILING (TTP.) NEW TIMBER PILING (TTP.) BARGE DOCK CONCEPTUAL SECTION 1 N.T.S City of Corpus Christi Project No. 2 - Barge Dock Elevation NEW CONCRETE FOOTING DATE Feb. 2009 FIGURE 9r-1 USACE Bulkhead Repairs City at Corpus Christi Protect No. 7 - U.SA.C.E. Bulkhead Repairs Cv15tm Ar�E.�g1 8 reb 20a USACE Bulkhead Repairs City of Corpus Christi Project No. 7 - U.S.A.C.E. Bulkhead Repairs Concept Aerial DATE Feb. 2009 7C-5 Existing Breakwaters Island Restoration Area Ca Gap Closure Breakwater agi Shoreline Protection Breakwater Breakwater at McGee Beach .s vEyyS"-asa .,..�,�.u'��..,.�:"t�,.;ri; Shorten Existing Groins Construct Offshore Breakwater 350 700 1,400 Feet McGee Beach Nourishment Beach Nourishment Area 350 700 1,400 Feet Old Wienerschnitzel Building Marina Breakwater Improvements (2,000 Ft +/-) Breakwater Extension eine Repair Breakwater Walkway 350 700 1,400 Feet LO 1.0 Questions/Comments 16 36 AGENDA MEMORANDUM for the City Council Meeting of October 11, 2011 DATE: September 29, 2011 TO: Ronald L. Olson, City Manager FROM: Joan McKaughan, Interim Director of Human Resources joanm@cctexas.com 361-826-3306 PRESENTATION — Texas Municipal Retirement System (TMRS) — Overview of City's TMRS Plan & Options for Change STAFF PRESENTER(S): Name. 1. 2. 3. OUTSIDE PRESENTER(S): Title/Position Department Name Title/Position Organization 1. Enc Davis Deputy Director TMRS 2. 3. BACKGROUND: Council requested a presentation on the City's TMRS plan. LIST OF SUPPORTING DOCUMENTS: PowerPoint presentation c: Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager —557— Presentation to Corpus Christi City CouncilLO 03 I0 Eric Davis Deputy Director Texas Municipal Retirement System October 11, 2011 T��b`;+Fj���RS � �r TEXAS MUNICIPAL RETIREMENT SYSTEM TMRS Overview • TMRS provides retirement benefits for 847 Texas cities • Established in 1948 • Plan includes defined benefit and defined contribution features • Each city determines benefit levels • City must offer same plan to ALL covered employees (no tiers under current law) TMRS overview, cont. • Each TMRS city's plan is individually funded by employee deposits, city contributions, and investment earnings • Most of the retirement benefit is provided by investment earnings over the member's lifetime 0 CO 4 TMRS Is Economical • TMRS annual administrative expense is 0.13% of assets • By comparison, in 2009, average 401(k) administrative cost was 0.72% (Source: 2009 study by the Investment Company Institute and Deloitte) CO LO TMRS Investments • Conservative, diversified portfolio • Assets total: $18.6 billion • Asset allocations by category: • Domestic Equities 18.8% • International Equities 18.3% • Fixed Income 58.2% • Real Return 4.7% N CD LO TMRS Benefits Stimulate Local Economy • TMRS paid $743.5 million statewide in 2010 • $27.4 million to Corpus Christi retirees • Most TMRS retirees remain in the communities where they worked, so dollars stay in communities that funded the benefits M c0 Economic Impact Corpus Christi • Economic impact of spending in the Corpus Christi MSA • Each dollar paid in benefits is assumed to produce an economic impact of $2.24 as the dollar circulates through the economy • Each dollar contributed by a municipality is estimated to have an impact of $2.76 on spending (Source: Perryman Group, 2007) LO LO 8 Economic Impact —Corpus Christi • Total Expenditures: $64.7 million • Gross Product: $29.4 million • Personal Income: $18.2 million • Retail Sales: $16.6 million • Permanent Jobs: 434 (Source: Perryman Group, 2007) 10 LO LO Economic Impact Counties (Source: Perryman Group, 2007) CD L0 10 TMRS Benefits • Basic benefit: member deposits plus annual interest plus city match • Member accounts receive 5% annual interest, guaranteed by law • Updated Service Credit (USC) provides defined benefit -like salary -based supplement • COLAs provided at city option CO 11 Corpus Christi's TMRS Plan • Employee Deposit Rate: 6% • City Matching Ratio: 2:1 • 5 -year vesting • 20 -year retirement • Updated Service Credit 100% (ad hoc in 2010) • COLA 70% CPI (ad hoc in 2010) co 2 What Do Other TMRS Cities Provide? City San Antonio Arlington Corpus Christi Plano Garland Laredo Lubbock Irving Brownsville Amarillo Grand Prairie Pasadena Mesquite McAllen Waco Deposit 6% 7% 6% 7% 7% 7% 7% 7% 7% 7% 7% 7% 7% 7% 7% Match 2:1 2:1 2:1 2:1 2:1 2:1 2:1 2:1 2:1 2:1 2:1 2:1 2:1 2:1 2:1 Vesting Retire 5 yrs 20 yrs 5 yrs 20 yrs 5 yrs 20 yrs 5 yrs 20 yrs 5 yrs 20 yrs 5 yrs 20 yrs 5 yrs 20 yrs 5 yrs 20 yrs 5 yrs 20 yrs 10 yrs 20 yrs 5 yrs 25 yrs 5 yrs 20 yrs 5 yrs 20 yrs 10 yrs 20 yrs 5 yrs 20 yrs USC 100%(R) 100%(R) 100%(A) 100%(R) 100%(A) 100%(R) 100%(R) 100%(R) 100%(R) 100%(A) 100%(R) 100%(R) 100%(A) 100%(A) 100%(R) COLA 70% (2010 A) 50%(R) 70% (2010 A) 70%(R) None in 2010 70%(R) 70%(R) None in 2010 70%(R) 70% (2010 A) 70%(R) 40%(R) 70%(2010 A) None in 2010 70%(R) CD CO 13 Projected Replacement Ratios City of Corpus Christi TMRS Plan of Benefits Entry Age 25 35 45 30% Retirement Age 50 43%;;. 55 62% 35% The percentage in the chart represents the retirement benefit as a percentage of final salary for a new employee hired under the selected provisions Assumptions: • Employee Deposit Rate: 6% • Matching Ratio: 2 to 1 • Updated Service Credit: 100% • Retirement Eligibility: 20 years any age, 5 years and attained age 60 • Employee Account Interest Crediting Rate: 5% • Average Salary Increase: 3% 2010 Corpus Christi Averages: •Average current service at retirement: 224.6 Months (18.7 yrs) •Average age at retirement: 60.2 yrs 0 r Actuarial Funding of Corpus Christi's Plan • 91.0% funded ratio (including 2012 ad hoc USC and COLA adoption) • Unfunded Actuarial Accrued Liability $50.6 million, amortized over 30 years • Over time, city accounts should receive 7% annually to help fund benefit • Cities received 7.5% in 2009 and 2010 Corpus Christi Contribution Rates • 2008 14.80% • 2009 21.31% (change in Actuarial Cost Method to pre -fund annually repeating COLA) • 2010 22.40% • 2011 14.24% (change from annually repeating to ad hoc COLAs) • 2012 10.33% (effects of SB 350, fund restructuring, including 2012 ad hoc USC and COLA adoption) 2012 payroll weighted average for all TMRS cities is 13.31% System -wide funded ratio as of 12/31/10 was 82.9% N n U) Recent Changes • SB 350 consolidated TMRS' internal accounts to provide greater funding efficiency and decrease rate volatility • TMRS Board distributed $1.1 billion to cities as deferred gain — approximately $100 million each year for the next 10 years • Reserve distribution to Corpus Christi equaled $33.9 million (10% recognized, 90% deferred) M r What Changes Can Corpus Christi Make? • Employee Deposit Rate (5%, 6%, or 7%) • Matching Ratio (1:1, 1.5:1, or 2:1) • Updated Service Credit (50%, 75%, or 100%, Ad Hoc or Repeating) • COLAs (30%, 50%, or 70% of CPI, Ad Hoc or Repeating) Kt What Changes Can Corpus Christi Make? (cont.) Resulting Contribution Rate Change. Adopt ad hoc 100% USC in 2011 10.07% Adopt ad hoc 100% USC and 70% CPI COLA in 2011 10.33% 1 What Changes Can Corpus Christi Make? (cont.) Resulting Change Contribution Rate Lower match to 1.5:1 (No USC or COLA) 8.57% Lower match to 1:1 (No USC or COLA) 7.27% • Other changes can be analyzed on request CD r LO 0 What Changes Can Corpus Christi Make? (cont.) • Close TMRS to future employees • Must continue to cover existing employees • Amortization period for closed plan will be level dollar / 20 year amortization • Generally, starting a new plan is expensive • City TMRS contribution percentage will rise as covered payroll shrinks r r 21 QUESTIONS? 37 6°1-: City of _ Corpus a = Christi AGENDA MEMORANDUM for the City Council Meeting of October 11, 2011 DATE: September 22, 2011 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director yil-01 M ichaelMo(a�cctexas. com 361-826-3464 PRESENTATION — Oso Bay Wetland Preserve and Learning Center Master Plan Update STAFF PRESENTER(S): Name 1. Michael Morris Title/Position Director Department Parks and Recreation OUTSIDE PRESENTER(S): Name Title/Position Organization 1. Barbara Austin Senior Landscape Architect RVi Planning and Landscape Architecture BACKGROUND: On January 11, 2011 City Council approved a contract with RVi Planning and Landscape Architecture to prepare the Oso Bay Wetland preserve and Learning Center Master Plan. This presentation will provide an overview of the work completed on the Master Plan. LIST OF SUPPORTING DOCUMENTS: PowerPoint Cc: Oscar Martinez, Assistant City Manager —581— MASTER PLAN SEPTEMBER 2011 City of Corpus Christi City of Corpus Christi Parks and Recreation RVi Planning + Landscape Architecture + Graphic Design Gignac Landscape Architecture WKMC Architects Belaire Environmental, Inc. RVE, Inc. 1 Project History 2 Inspiration 3 Entry Experience and Edge Conditions 4 Trails and Overall Plan 5 Habitat Restoration 6 Learning Center Site Plan and Experience 7 Architectural Sketches and Floor Plans Building Performance and Education Goals 8 Implementation Castles P CerOrtia 0 Glen Arbor Park e Candlewood Park Krndred Hospda l C corpus Christi se:te d tlge Padre Behavioral Hospital Lexington Park 4, 41111. 411111044 Park Rcr H Corpus Christi Medical Center Heart Hospital Pko 0 L E E N D R oads Trails 0 V\titer Trail Potential Access to Site Corpus Christi Bay Corpus Christi Sports Field Atr Complex fi ry *Park Project lie P- s t Site 131-4-1,v,3% 0 Bay !ti4, Oso Bali e t A Rena Place Park 2004-2006 Early Planning Oso Creek and Bay Greenbelt Master Plan 2005-2009 Land Arai.kSition • Carr Tract 2005 • Gaines Tract 2009 2008-2011 Funding • Bond 2008 • Grants SUMirWr`it'r ..0 r r; Mets Planning fi • Programming & Site Analysis • Stakeholder Meetings • Preliminary Master Plan • Final Master Plan COMPLETE AUGUST 2012 Phase OnE Constructic Trails 1 Project History COMPLETE SUMMER 2013 Phase Two Construction Preserve and Learning Center - r -sir -• Create a place that stimulates the imagination. Wind .. Nature .. Art Create a self sustaining resource implementing Net Zero consumption principles. .. Net Zero .. Create a living, breathing ecosystem where visitors will connect with nature. 2 Inspiration .. Habitat .. 7-7!- A1741111-- What will you see from your car along Oso Parkway and the entry drive? Landmark at pier edge Wind o Nature o Art o Net Zero o .5L 4misslanno ;." .; )..49-.07 411r ..01::.zateurA-' Oso Bay overlook o Habitat o 3 Entry Experience and Edge Conditions, "eqe -61#0,0L1- 'me 4.11.11.. LEGEND HikingTrail Maintenance & Emergency Vehicle Access MEP - HikingTrail Boardwalk Secondary Hiking Trail 0 Bird Blind • Outdoor Learning Pavilion HOLLY ROAD EXISTING PARKING W/ GATE AT TRAIL ,.0 EXPANDED PRAIRIE POND WETLANDS FUTURE DEMONSTRATION AND LEARNING CENTER GATED ENTRY QQ 0 O )Lk GATED ENTRY WOOLDRIDGE ROAD UPLANDS CENTER HAWK WALK AND VIEWING 4�r - TOWER IMPROVED TRAIL PEDESTRIAN ENTRY GATE • OVERLOOK PAVILION CAMPING AND RESTROOMS SMALL CRAFT LAUNCH 4 Trail Plan North FISHING PIER TRAIL PARK 400 50 200 Scale in Feet HOLLY ROAD EXISTING PARKING W/ GATE AT TRAIL RESTORED PRAIRIE go ,fie r EXPANDED PRAIRIE POND WETLANDS FUTURE DEMONSTRATION AND LEARNING CENTER IP 1r • • GATED ENTRY rft PIER EDGE LANDMARK -- -' A .a� L AMPHITHEATER AND CHILDREN'S GARDEN UPLANDS ... .., ., , GATED ENTRY j WOOLDRIDGE ROAD Y t LEARNING CENTER PARKING w/ I BIO-FILRATION PONDger4, "edt" ryn HAWK WALK • �� ANDVIEWING 1 TOWER PEDESTRIAN ENTRY GATE OVERLOOK 41w PAVILION CAMPING AND RESTROOMS SMALL CRAFT LAUNCH IMPROVED TRAIL 4 Overall Site Plan North FISHING PIER TRAIL PARK 0 100 50 200 Scale in Feet 400 How will you experience this habitat? r, rrs�, ert•r•t F .y , '° • l .• A / r •AN liar t' a i. 1. . r i =1 7 1 h. %." 'IC e F 4 4 4-11 eV � F e 44 l 4.-61 1.1 L 4 Z +vim i ti° t Boardwalk made from Recycled Products Boardwalk Leading to Bird Blind lary Oz., : FPNII v+rlliam L.NewtnrYICLO cordgrass How will you experience this habitat? Boardwalk and Viewing Shelter Viewing Shelter / Bird Blind Decomposed Granite Trail Existing Site Photo Existing Site Photo - Cordgrass Trail Through the Sand Existing Site Photo - Sand Flats 5 Habitat Restoration - Estuarine Wetland How will you experience this habitat? Boardwalk Hawk Walk Existing Site Photos 5 Habitat Restoration - Uplands Y � r�Ti Y'ti 'MC -40wse DAY MEI[ F L Whimsy Trail Prairie Pond J FUTURE DEMONSTRATION, EXHIBIT, AND TEACHING AREA r 0 MIGRATION TRAIL & DEMONSTRATION GARDENS _I _ Aele' •SiTia " STAR -GAZING PLAZA DELIVERY EVENT \ HALL OUTDOOR EXHIBIT HALL TRAILHEAD CHILDREN'S GARDEN 1 PARKING POND LAB DROP-OFF AND ENTRY BUS PARKING .1 EXHIBIT HALL ENTRY: SAN DSCAPE, SIGNAGE & GATE 1 1 1 1 r 1 1 4111111111111111111 BIO -FILTRATION POND PRI MARY TRAILHEAD r 1 1 DIVERSION POND & WATER QUALITY LAB PEDESTRIAN ENTRY AND GATE W/ ENHANCED LANDSCAPE 6 Learning Center Plan and Experience THE BURROWS' HILLSIDE SLIDE '° WHIMSY TRAIL CI SEA TURTLE NEST SAND PIT einir LABS SOUND GARDEN COVERED BOARDWALK PRIMARY TRAILHEAD TRAILHEAD KIOSK EXHIBIT & OFFICES AMPHITHEATER UNDERWATER TRAIL LIVING SCULPTURE WIND TURBINE ESPLANADE & ENTRY EVENT HALL OUTDOOR EXHIBIT HALL STAR GAZING PLAZA W/ DRO P- FI REPIT OFF BIO -FILTRATION POND MIGRATION TRAIL AND DEMONSTRATION GARDENS GATHERING LAWN Covered Boardwalk AMBER WAVES GARDEN Habitat Formal Pond Edge Prairie Pond Outdoor Lab Picnic Shelter and Demonstration Area 6 Learning Center Plan and Experie e - . riireprC-te tMvpr ie,z4 CcRr) ,vecin) treito,P IP/'t,Woof/A/6 par Pf9'C cis - /14 09' E' gouge IPP ,GIMP va/X)v to M Mu- / P D& / PC 6X r o fi°r S -7evs 70 Peer Sy f G 7-11/VA/ CZ/ Al G,r r'r t c_ /17 5. 6aTS vF7 ffravt '4 V Signe e9F nrs cPiCATE b'FFEpfrvr ishavo Hoenig Wer r -+f`' awTz "i-5- 1 i Pate K Are AiiLt.- P -74-i Q 4/ }.4k HAP; 1/Cs r �/V W/ Wfr 6-r66rnt t . Covered Walk provides shade and collects water for rain water havest 55P/J 1 &Vt loffihfKs v(,111 ir6 Channel Morphology Solar Panel and Wind Turbine Vertical Axis Wind Turbine Musical Kinetic Wind Sculpture ,grONO . x444 /A/PC0514 neits The Roost Seating and Picnic Area V ft4Arli"1/c'' a Pe -me . Heron Garden Wetland Garden and Reed Play Equipment Prairie Play 5A4) nr. \\56-A 774RPS itioe*r !r P V it ;e."777Nt P1 The Burrows and Sound Garden Sea Turtle Nest Trail Hillside slides and sand pit Bird Houses Bird House Walk Channel Morphology Play Reeds Sand Pit Hillside Slides 6 Learning Center Plan ;„*."--.1*.r,_ and Experience • 1p 05;115 Interpretive Center 0 2 4 8 North 16 32 Scale in Feet Static Photovoltaic Array Y7 • .1 "I'j L 1 1 •. . ..CAPIANCIer 0614 Vfillaf& ■ f`1 f Entrance View Looking East Discovery through Exhibits Fabric Cast Concrete Green Wall Tracking Photovoltaic Kinetic Wall Kinetic Wall 7 LearningCenter Floor"-` Plans & Sketches, View from Birdhouse Walk Looking Southwest Peri-24%7ra. • 41. eaVOMF • " Nir • zF • ierrS4f-▪ aez. ViNaP nkincil liN"Pftv,"vitip, CAI 1 1 • ■ • • r ■ • ■ • • ■ • ••••,■V • .1 ■ ■ . I . � 1 '1 • OM Exposed Structure and Daylight Fabric Cast Concrete •• rl r• _.m.161L Rotating Ventilators hr '7. •1 TAtiji Cistern Fabric Cast Concrete • MB • Lab Building 0 2 4 8 North 16 32 Scale in Feet Exposed Structure and Daylight Rotating Ventilator 7 Learning Center Floor Plans & Sketches, . .'�C. EVA 117-y 7 11. -RA C40U Events Center North 0 2 4 8 16 32 Scale in Feet Rammed Earth Deep Opening Thickened Walls View of Events Center from Pond Bio -Filter 6lepdf dit.434 %g r Jo. ( gliajA ela Inc„ "1 r L 1 1 milirr 0 r AIL J 1 1 �:'�}., . • � „mo=d' - _ mr1mar' 5w Green Wall Rammed Earth a • 1. Solar Panel Covered Walkway -*r 7 Learning Center Floor ..„-re, Plans & Sketches, - . Zero -Net -Energy Project Designed, constructed, and operated to: • require a greatly reduced quantity of energy to operate • meet the balance of energy needs from sources of energy that do not produce greenhouse gases, and therefore result in no net emissions of greenhouse gases • be economically viable The LEEDTM program is a green building certification system providing third -party verification that a project has been de- signed and constructed utilizing strategies that improve proj- ect performance: • energy savings • water efficiency • CO2 emissions reduction • improved indoor environmental quality • stewardship of resources and sensitivity to their impacts • reduced maintenance and cost of operation. 5 • DESIGN STRATEGI ES The largest energy redact ins tan be actritied through design. TECHNOLOGIES AND SYSTEMS m ; niag e'i-site renewable energy systems, OFF-SITE RENEWABLE ENERGY Source 02010 2030.1m / iii.rctlitE titre 2oaa. All ( alts Reserved. 20% maximum. Leadership in Energy and Environmental DesignTM -ar 7 Building Performance Education Goals., LEGEND HikingTrail Maintenance & Emergency Vehicle Access HikingTrail Boardwalk 0 Bird Blind HOLLY ROAD EXISTING PARKING W/ GATE AT TRAIL EXPANDED PRAIRIE POND WETLANDS WOOLDRIDGE ROAD Q47L. O gm FUTURE O LEARNING `i CENTER ti my trarir 9 eV d'/ /•. t ¶ 0 '1 UPLANDS HAWK WALK .;-10i AND VIEWING P TOWER PEDESTRIAN ENTRY GATE 4.7 _tor North 0 100 50 200 Scale in Feet 400 Included in Phase are the following. • Trails • H aw I< Wa I I< • Outdoor Classroom w/ Shade Structure, Picnic Tables, and Interpretive Signage 8 Implementation 9.9 LEGEND Hiking Trail Maintenance & Emergency Vehicle Access Hiking Trail Boardwalk 0 Bird Blind • Outdoor Learning Pavilion HOLLY ROAD r : EXISTING PARKING W/ GATE AT TRAIL 4' 4' EXPANDED PRAIRIE POND WOOLDRIDGE ROAD 4Th Oft. Avia WETLANDS 4' e 4 LEARNING Q CENTER O 1 PEDESTRIAN ENTRY GATE 0 HAWK WALK AND VIEWING TOWER North 0 100 50 200 Scale in Feet 400 Included in Phase 2 are the following. • Trails • Interpretive Center • Lab Building • Entry Monument w/ Sandscape • Bus Drop -Off and Parking • Car Parking • Demonstration Pond • Children's Garden Experience • Trailhead • Camp Sites • Amphitheater • Wetland Restoration Future phases include the following. • Event Center • Additional Parking • Campground Restroom and Overlook • Outdoor Classrooms • Additional Trails • Fishing Pier Enhancement • Outdoor Exhibit Hall and Gardens 8 Implementation , Y -„ ter- --cr - c .r -Tr•- —e- o,r —.1 ; .. .41 • .j. 1 ,... 47iii,.' 0 '... ..