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HomeMy WebLinkAboutAgenda Packet City Council - 11/08/2011 ���•` �-� .;,.<��y`..� ":nsT rr,+t,�"�'� d,..-�3�,�--�.�9 °s4E.s�,�-� �gza�:m r `r �,::;`�U �r �t�,. ..�� �;�.r�,s �.e�� , ... .. -- .. ,� .r � iral� � P ��,fi: -✓� �,�,,...x.. t. Aft d{ F[ f !' r ° r a .. 7z4m" i IN • r 3 {z � F xx�- fig: 9piM 11:45 A.M.- Proclamation declaring November 12,2011 as"Corpus Christi Recycles Day" Proclamation declaring November 12,2011 as"Texas A&M University-Corpus Christi Culture Fest Day" Certificate of Commendation to Crystal Fortune Lyons,APTA-2011 Outstanding Public Transportation Board Member Certificate of Commendation to Julian Carrania,Jr.,APTA-2011 International Bus Roadeo-First Place Operator 35-Foot Sus + AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. 4 CORPUS CHRISTI, TEXAS 78401 NOVEMBER 8, 2011 I 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. j Members of the audience will be provided an opportunity to address the Council at approximately 4:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary, Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete inglas-espanol on 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 369-826.3905) at least 46 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 Father Sean Maloney, St. Bartholomew's Episcopal 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 John Marez Council Members: Chris N. Adler City Manager Ronald L. Olson Larry Elizondo, Sr. City Attorney Carlos Valdez Kevin Kieschnick City Secretary Armando Chapa Priscilla Leal David Loeb Nelda Martinez Mark Scott h I Agenda Regular Council Meeting November 8, 2011 Page 2 E. MINUTES: 1. Approval of Regular Meeting of October 25, 2011. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment# 2) 2. Citizens Advisory Health Board ry Ethics Commission Food Service Advisory Committee Island Strategic Action Committee Library Board 1 Mayor's Fitness Council Reinvestment Zone No. 2 i i G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed, may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) 3. Purchase of play structures and park equipment. Motion approving the purchase of play structures and park equipment from T.F. Harper & Associates LP, of Austin, Texas I Agenda Regular Council Meeting November 8, 2011 Page 3 based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative, in the amount of $77,718.28. The purchase is for new and replacement park equipment for Molina Veteran's Park, Airline Park, Turtle Cove Park, Bel Aire Park, Lindale Park, Lawson Park and Inwood 1 Park. Funding is budgeted and available in the Parks and Recreation 2010 General Obligation (BOND 2008) Capital Improvement Project Fund. (Attachment# 3) 4. Lease purchase of mowing equipment — tractor and flex-win cutter. l Motion authorizing the lease purchase of one tractor and flex- wing cutter from Lansdowne-Moody Co., L.P., of Houston, Texas, for a total amount of $80,000, of which $18,541.55 is required for the remainder of FY 2011-2012. The award is based on the Cooperative Purchasing Agreement with the Houston-Galveston Area Council of Governments (H-GAC). Funds are available in the Airport Fund in FY 2011-2012. (Attachment#4) i 5. Renewal of Lease Agreements for Juvenile Assessment Center and Municipal Court Offices at the Wilson Plaza. a. Motion authorizing the City Manager or designee to execute an amendment to extend a lease agreement for two years, with an option for three, one-year extensions, with Wilson Plaza Associates LP, for approximately 4,802-square feet at the Wilson Building, 606 N. Carancahua, Suite #105, for $4,802 monthly rental payment, for the Juvenile Assessment Center. (Attachment# 5) b. Motion authorizing the City Manager or designee to execute an amendment to extend a lease agreement for two years, with an option for three, one-year extensions, with Wilson Plaza Associates L.P., for approximately 4,710-square feet at the Wilson Building, 606 N. Carancahua, Suite#113-A for $5,800.45 monthly rental payment to house the City's Magistration and Detention Center. (Attachment# 5) c. Motion authorizing the City Manager or designee to execute an amendment to extend a lease agreement for two years, with an option for three, one-year extensions, with Wilson Plaza Associates L.P., for approximately 5,443-square feet at the Wilson Building, 606 N. Carancahua, Suite #113 for $6,197.83 monthly rental payment to house the Municipal Environmental and Juvenile Courts. (Attachment# 5) I Agenda Regular Council Meeting November 8, 2011 Page 4 f 6. Service Contract for Volumetric and Sedimentation Surve s of Lake Corpus Christi and Choke Canyon Reservoir. Motion authorizing the City Manager or designee to execute a service contract with the Texas Water Development Board for the Volumetric and Sedimentation Surveys of Lake Corpus Christi and Choke Canyon Reservoir. (Attachment# 6) 7. Approval of Interlocal Agreement with TXDOT for Advance Funding Agreement for Avers Street Proiect. a. Ordinance changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase revenues and expenditures in the amount of $34,800 for the addition of Project #Ell114, BS 286A (Ayers Street) from Holly Road to SH 357 (Saratoga Boulevard) Project. (Attachment# 7) b. Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Texas Department of Transportation (TXDOT) for an Advance Funding Agreement for Voluntary Local Government Contributions to Transportation Improvement Projects with no required match for the adjustment of water valves during the rehabilitation j and widening of BS 286A (Ayers Street). (Attachment#7) I. EXECUTIVE SESSION. PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. Executive session pursuant to 551.071 of the Texas Government Code to consult with attorneys regarding Cause. No. 2011 DCV-5073-C styled Ex Parte City of Corpus Christi, Texas presently pending in the 94th District Court of Nueces County, Texas, which involves Aquarius Street issues, with possible discussion and action in open session. i Agenda Regular Council Meeting November 8, 2011 Page 5 J. PUBLIC HEARINGS: ZONING CASES: 8. Case No. 091 1-02,--Red Ace Saratoga, Ltd: A change of zoning from the "CG-2" General Commercial District to "IL" Light Industrial District without resulting in a change of future land use. The property to be rezoned is described as Saratoga Weber Plaza, Block 9, Lot 2A. The property is located west of the intersection of Saratoga Boulevard and Weber Road. (Attachment# 8) i Planning Commission's and Staffs Recommendation: Approval of applicant's request for a change in zoning from the "CG-2" General Commercial District to "IL".Light Industrial District. ORDINANCE Amending the Unified Development Code (UDC), upon application by Red Ace Saratoga, Ltd., by changing the UDC zoning map in reference to Saratoga Weber Plaza, Block 9,-Lot- 2A, from the "CG-2" General Commercial District to the "IL" Light Industrial District, amending the comprehensive plan to account for any deviations from the existing comprehensive plan; providing a repealer clause; providing a penalty; providing for publication. 9. Case No. 0911-03, Calallen Baptist Church: A change of zoning from the "RS-6" Single-Family 6 District to "CN-1" Neighborhood Commercial District resulting in a change of future land use. The property described as Calallen, Block 19, Lots 11 and 12 and Calallen Townsite, Block 14, Lot 7-A and Block 19, Lot 1-A, located between Middle Lane and west Buckhorn Street, west of Interstate Highway 37. (Attachment # 9) Planning Commission's and StafFs Recommendation: Denial of the Applicant's request and in lieu thereof approval of the "CN- 1" Neighborhood Commercial District along the east 100 feet of subject property as measured from the Interstate Highway 37 right-of-way line. ORDINANCE Amending the Unified Development Code (UDC), upon application by Owner, Calallen Baptist Church, by changing the Agenda 1 Regular Council Meeting 1 November 8, 2011 Page 6 UDC zoning map in reference to Calallen, Block 19, Lots 11 and 12, and Calallen Townsite, Block 19, east 100 feet of Lot 1-A, from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District, amending the comprehensive plan to account for any deviations from the existing comprehensive plan; providing a repealer clause; providing a penalty; providing for publication. COMPREHENSIVE PLAN AMENDMENT: Corpus Christi Beach Area 10. Public Hearing and Second Reading Ordinance - Amending the Comprehensive Plan for the City of Corpus Christi by amending 3 the Port/AirportNiolet Area Development Plan area boundary to { delete the Rincon Channel areas; amending the boundaries of the North Central Area Development Plan to include Rincon Channel areas; providing for a new plan name of the North Central Area Development Plan to the Corpus Christi Beach Development Plan; amending the Comprehensive Plan by adopting the Corpus Christi Beach Development Plan which incorporates a comprehensive rezoning strategy, policies for growth and development, a prioritized project list for consideration in the City's Capital Budget Improvement Plan, legislative priorities and direction in seeking partnerships and grants from various entities, repealing portions of Ordinance 022166 pertaining to the North Central Area Development Plan; amending related elements of the Comprehensive Plan including the Future Land Use Plan adopted by Ordinance 028504; providing for an effective date; and providing for publication. (First Reading - 10125111) (Attachment# 10) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 11. Initial assessment of Single Member District Population Deviations and Criteria and guidelines to conduct redistricting for the Cityof Corpus Christi (To be considered at approximately 1:00) a. Presentation on Initial Assessment of Single Member District Population Deviations. (Attachment# 11) b. Resolution of the City Council of the City of Corpus Christi, Texas adopting criteria for use in the redistricting 2011 process; and providing an effective date. (Attachment# 11) i i 1 Agenda Regular Council Meeting November 8, 2011 Page 7 C. Resolution of the City Council of the City of Corpus Christi, Texas establishing guidelines for persons submitting comments and specific redistricting proposals; and providing Ii an effective date. (Attachment# 11) { 12. Approval of Amendment No. 1: Broadway Wastewater ' Treatment Plant Effluent Line Rehabilitation. i Motion authorizing the City Manager or designee to execute Amendment No. 1 to the Contract for Professional Services with LNV Engineering, Inc. of Corpus Christi, Texas, in the amount of $245,158 for the Broadway Wastewater Treatment Plant Effluent Line Rehabilitation. (Attachment# 12) 13. Approval of Professional Services Contract: Oso Water Reclamation Plant Nutrient Removal Proiect-Peer Review. Motion authorizing the City Manager or designee to execute a Contract for Professional Services with Freese and Nichols, Inc. of Corpus Christi, Texas, in the amount of $61,551 for the Oso Water Reclamation Plant Nutrient Removal Project — Peer Review. (CIP WASTEWATER 02) (Attachment# 13) 14. Award of Construction Contract for the Salt Flats Levee System, Phase 1. Motion authorizing the City Manager or designee to execute a construction contract with Bridges Specialties, Inc. of Sandia, Texas in the amount of $208,000 for construction of the Salt Flats Levee System, Phase 1 (Short Term Improvements). (Attachment# 14) 15. Approval of Professional Services Contract for Allison Wastewater Treatment Plant Mechanical Bar Screen and Grit Removal Improvements. Motion authorizing the City Manager or designee to execute Amendment No. 1 to the Contract for Professional Services with Urban Engineering of Corpus Christi, Texas, in the amount of $116,860 for the Allison Wastewater Treatment Plant Mechanical Bar Screen and Grit Removal Improvements. (Attachment# 15) Agenda Regular Council Meeting November 8, 2011 Page 8 16. Award of construction contract for Aquarius Street Motion authorizing the City Manager or designee to execute a construction contract with Haas Anderson Construction, Ltd. of Corpus Christi, Texas in the amount of $1,303,865.60 for the Base Bid and Additive Alternates 1, 2, and 3 for Aquarius Street. (Attachment# 16) L. FIRST READING ORDINANCES: 17. Approval of amendment to City Auditor Ordinance; approval of budget amendment; and Approval of Annual Audit Plan a. Ordinance amending Ordinance No. 029171 regarding City Auditor; establishing a Council Audit Committee; providing for publication. (Attachment# 17) b. Ordinance appropriating $15,165 from the Unreserved Fund Balance in the No. 1020 General Fund for Internal Audit department personnel, software and remodeling expenses; and changing the FY 2011-2012 Operating Budget adopted by Ordinance No. 029155 to increase appropriations by $15,165. (Attachment# 17) c. Ordinance to approve the Annual Audit Plan for FY 2011- 2012. (Attachment# 17) 18. Approval of a 20-year Memorandum of Agreement with Federal Aviation Administration for use of airportproperty_ for navigational aids I First Reading Ordinance - Authorizing the City Manager, or designee, to execute a twenty-year Memorandum of Agreement with the Federal Aviation Administration for the use of property at the Corpus Christi International Airport for the construction, operation, and maintenance of FAA owned navigation, communication and weather aid facilities; and for publication. (Attachment# 18) J 19. Continuinq TMRS 100% Updated Service Credits for current participants and 70% Consumer Price Index (CPI) increases for annuities First Reading Ordinance - Authorizing and allowing, under the Act governing the Texas Municipal Retirement System, "Updated Service Credits" in said system for service performed i Agenda Regular Council Meeting November 8, 2011 Page 9 by qualifying members of such system who presently are members of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City; establishing an-effective date for such actions. (Attachment# 19) 20. A uarius Street Speed Limit Reduction First Reading Ordinance - Amending Section 53-255 of the Code of Ordinances to decrease the speed limit on Aquarius Street between Commodores Drive to Whitecap Boulevard from 35 MPH to 30 MPH at all times, providing for penalties; and providing for publication. (Attachment# 20) M. FUTURE AGENDA ITEMS AND UPDATES TO CITY COUNCIL: These items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. FUTURE AGENDA ITEMS: f 1 21. Approval of supply agreement for emulsion oil. Motion approving a supply agreement with Ergon Asphalt & ' Emulsions, Inc., of Austin, Texas for emulsion oil (SS-1) in accordance with Bid Invitation No. B1-0017-12, based on only bid, for an estimated six month expenditure of $84,645.05. The term of the contract will be for six months with an option to extend for up to five additional six-month periods, subject to the approval of the supplier and the City Manager or designee. This material is used by Street Services for maintenance of City streets. Funds have been budgeted by the Street Services Department in FY 201112012. (Attachment# 21) i 22. Approval of purchase of LiveScan Booking Station for Police Department Motion approving the purchase of a LiveScan booking station and required components from 3M Cogent Systems, Inc. as an enhancement to the Corpus Christi Police Department's existing Automated Fingerprint Identification System for a total amount of $85,613. Funds are budgeted and available in the 2010 State Homeland Security Program — Law Enforcement Terrorism Prevention Activity Fund, acquired through the 2010 Homeland Security Grant Program. (Attachment#22) Agenda Regular Council Meeting November 8, 2011 Page 10 23. Award of service agreement for EMS Billing and Collections Services Motion approving a service agreement with ACS State & Local Solutions, Inc., of Dallas, Texas for EMS Billing and Collections Services in accordance with the State of Texas Department of Information Resources (DIR) cooperative purchasing agreement for an estimated annual expenditure of $396,800 of which $264,533 is required for FY 2011-2012. The term of the contract will be for one year with two automatic extensions and an option to extend the agreement for up to two additional twelve month periods subject to the agreement of the contractor and the City Manager or designee. Funds have been budgeted by the Fire Department in FY 2011-2012. (Attachment# 23) 24. Approval of lease purchase of three 3 transfer trailers I Motion approving the lease purchase of three (3) transfer trailers from Rush Truck Centers of Texas, Inc., of Houston Texas in the amount of $228,819, of which $16,344.84 is required for FY 2011-2012. The award is based on the cooperative purchasing agreement with the Houston-Galveston Area Council of Governments (H-GAC). The transfer trailers will be used by Solid Waste Operations. Funds for the lease purchase of the transfer trailers will be provided through the f City's lease/financing program. (Attachment# 24) 25. Award of supply agreement for hot tap fittings i Motion approving a supply agreement with TDW Services, Inc., of Pasadena, TX, for hot tap fittings in accordance with Bid Invitation No. BI-0016-12 based on low bid for an estimated annual expenditure of $65,738.50 of which $43,825.67 is required for FY 2011-12. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Gas Department in FY 201112012. (Attachment#25) 26. Approval of lease purchase of twoJ2) ambulances Motion approving the lease purchase of two (2) ambulances from Knapp, Chevrolet, of Houston, Texas in the amount of $270,000 of which $19,286.44 is required for FY 2011-12. The award is based on the cooperative purchasing agreement with E Agenda Regular Council Meeting November 8, 2011 Page 11 the Houston-Galveston Area Council of Governments (H-GAC). The ambulances will be used by the EMS Division of the Fire Department. Funds for the lease purchase of the ambulances will be provided through the city's lease/financing program. (Attachment # 26) + 27. Purchase of specialized equipment Motion authorizing the purchase of specialized equipment for a total amount of $106,740.14 utilizing funds from the 2009 and 2010 Homeland Security Grant awarded to the City of Corpus Christi and budgeted in the Fire Grant Fund No. 1062. (Attachment#27) 28. Acceptance of Tar et Corporation-grant and appropriating funds a. Motion authorizing the City Manager or designee to accept funding in the amount of $1,700 from the Target Corporation for the purchase of equipment to assist the Repeat Offender Program for the Police Department. (Attachment#28) b. Ordinance appropriating $1,700 in the General Fund No. 1020 from a grant from the Target Corporation for the purchase of equipment to assist the Repeat Offender Program for the Police Department; changing the FY 2011- 2012 Operating Budget adopted by Ordinance No. 029155 by increasing revenue and expenditures in the General Fund No. 1020 by $1,700 each. (Attachment#28) 29. Approval of lease agreement with Festival of the Arts for the Merriman Bobs House at Heritage Park a. Ordinance authorizing the City Manager or designee to execute a lease with Festival of the Arts for the Merriman Bobys House in Heritage Park for a one year term with an option to renew annually for two years with rent of $600 per month. (Attachment#29) b. Ordinance appropriating $4,800 of anticipated rental income, from the lease of the Merriman Bobys House in Heritage Park to the Festival of the Arts, in the No. 4710 Visitor's Facility Fund for the maintenance of Heritage Park facilities; changing the FY 2011-2012 Operating Budget adopted on July 26, 2011 by Ordinance No. 029155, by increasing revenues and expenditures by $4,800 each. (Attachment # 29) i Agenda Regular Council Meeting November 8, 2011 Page 12 30. Acceptance of Elderly Nutrition Program grant and appropriation of Funds a.. Resolution authorizing the City Manager or designee to execute all documents necessary to accept a $637,137 grant awarded by the Area Agency on Aging of the Coastal Bend for the final federal installment of FY 2011 funding for the Senior Community Services, Elderly Nutrition Program. (Attachment# 30) b. Ordinance appropriating a $637,137 grant from the Area Agency on Aging of the Coastal Bend in the No. 1067 Parks and Recreation grants fund for the FY 2011 Senior Community Services, Elderly Nutrition Program. (Attachment # 30) i 31. Acceptance of Retired and Senior Volunteer Program grant and Appropriation of Funds a. Resolution authorizing the City Manager or designee to execute all documents necessary to accept a $21,671 grant awarded by the Corporation for National and Community Service for Retired and Senior Volunteer Program (RSVP). (Attachment# 31) i b. Ordinance appropriating a $21,671 grant from the Corporation for National and Community Service in the 1 No.1067 Parks and Recreation grants fund for the Retired and Senior Volunteer Program. (Attachment# 31) 32. Approval of a Funding Agreement with the Friends of the Corpus Christi Museum of Science and Histo and app-ropriation of funds for the salary of Museum Archeologist a. Motion authorizing the City Manager or designee to execute a Funding Agreement with the Friends of the Corpus Christi Museum of Science and History allowing them to reimburse the cost of salary for the Museum Archeologist for a period of two years. Funding agreement between the City of Corpus Christi and the Friends of the Corpus Christi Museum of Science and History to support the continued employment of the Museum Archeologist through completion of the Lower Nueces Valley Project. (Attachment #32) b. Ordinance appropriating $47,760 from the Friends of the Corpus Christi Museum of Science and History into the No. 1020 General Fund for funding of an archeologist position in FY 2011-2012; and changing the FY 2011-2012 Operating Agenda Regular Council Meeting November 8, 2011 Page 13 Budget adopted by Ordinance No. 029155 to increase revenues and expenditures by $47,760 each. (Attachment# 32) 33. Approval of Type A grant for Lakeside Steel.Texas. Inc. and appropriation of funds a. Ordinance appropriating $150,000 from the Unreserved Fund Balance in the No. 1140 Business/Job Development Fund for a grant from the Corpus Christi Business and Job Development Corporation Major Business Incentives to Lakeside Steel Texas Inc. for development of a new pipe threading facility; and changing the FY 2011-2012 Operating Budget adopted by Ordinance No. 029155 to increase appropriations by $150,000. (Attachment# 33) b. Resolution approving the Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ("Type A Board") and Lakeside Texas Steel Inc. ("Lakeside"), which provides a grant of $150,000 for development of a new pipe threading facility; and authorizing the City Manager or designee to execute the Business Incentive Project Service Agreement with the Type A Board for the implementation and administration of the Business Incentive Agreement. (Attachment # 33) i 34. Approval of Interlocal Agreement with Nueces County Water Control and Improvement District No. 3 for County Road 69 Resolution authorizing the City Manager, or designee, to execute an Interlocal Agreement with the Nueces County Water Control and Improvement District No. 3 related to the construction improvements along County Road 69, Project # 6507, and the District's irrigation canal contiguous to the roadway. (Attachment# 34) 35, Approval of Local Government.Agreement with TxDOT for SH 357 (Saratoga..Boulevard) from Staples Street to Rodd Field Road Resolution authorizing the City Manager, or designee, to execute a Local Government Agreement to contribute funds with the Texas Department of Transportation (TxDOT) for acquisition of right-of-way and adjustment of utilities for a highway project on State Highway 357 (Saratoga Boulevard) from Staples Street to Rodd Field Road with the City Agenda Regular Council Meeting November 8, 2011 Page 14 participation in the amount of $1,500 which represents 10% of the estimated total cost of the right-of-way ($15,000). (Attachment# 35) 36. Nomination of TPCO America Corporation for Texas Enterprise Zone Project Resolution nominating TPCO America Corporation ("TPCO") to the Office of the Governor Economic Development & Tourism ("EDT') through the Economic Development Bank ("Bank") as a triple jumbo enterprise project pursuant to the Texas Enterprise Zone Act ("Act"). (Attachment# 36) UPDATES TO CITY COUNCIL; 37. Convention and Visitors Bureau Quarterly Update (Attachment # 37) 38. Destination Bayfront Project Update (Attachment# 38) N. PUBLIC COMMENT ON NON-AGENDA OR AGENDA RELATED MATTERS WILL BE HEARD AT APPROXIMATELY 4:00 P.M. OR AT THE END OF THE COUNCIL MEETING WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN 3 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 i i Agenda Regular Council Meeting November 8, 2011 Page 15 DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING, THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. O. CITY MANAGER'S COMMENTS: Update on City Operations P. ADJOURNMENT: POSTING STATEMENT: f This agenda was posted on the City's official bulletin board at the front ence to City Hall, 1201 Leopard Street, at ) p.m., on , 2011. Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com on the Thursday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by the Friday. i 1 i I i I } MINUTES City of Corpus Christi, Texas Regular Council Meeting October 25, 2011 - 12:00 p.m. Present: Mayor Joe Adame Council Members: City Staff: Chris N. Adler City Manager Ronald L. Olson Larry Elizondo, Sr. City Attorney Carlos Valdez Kevin Kieschnick City Secretary Armando Chapa i' Priscilla Leal Assistant City Secretary Mary Juarez David Loeb John Marez Nelda Martinez Mark Scott Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Kyle Livingston, Southside Community Church and the Pledge of Allegiance to the United States Flag was led by Council Member Priscilla Leal. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required Charter officers were present to conduct the meeting. MayorAdame tailed for approval of the minutes of the Regular Council meeting of October 18, 2011. A motion was made and passed to approve the minutes as presented. CONSENT AGENDA Mayor Adame called for consideration of the Consent Agenda (Items 2 - 10). Council Members requested that Item No. 3 be pulled for individual consideration. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 2. MOTION NO. 2011-235 Motion approving a service agreement with Gear Cleaning Solutions, LLC of Dallas, Texas for Inspection; Cleaning and Repair of Bunker Gear in accordance with Bid Invitation No. BI-0164-11, based on low bid for an estimated annual expenditure of$81,164. The term of the service agreement will be for twelve months with an option to extend for up to two additional twelve month periods subject to the approval of the supplier and the City Manager or designee. Funds are available in the Fire Department in FY 2011-2012. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Martinez and Scott, voting "Aye"; Marez was absent. 4.a. ORDINANCE NO. 029259 Ordinance appropriating $37,500 from the Unreserved Fund Balance in the No. 1140 Business / Job Development for a grant from the Corpus Christi Business and ,lob Development Corporation Small Business Projects to Del Mar College or the Procurement _1 _ Technical Assistance Center; and changing the FY 2011-2012 Operating Budget adopted by Ordinance No. 029155 to increase appropriations by $37,500. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Martinez and Scott, voting "Aye"; Marez was absent. 4.b. RESOLUTION NO. 029260 Resolution approving the Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation ("Type A Board") and Del Mar College, which provides a grant of$37,500 for support of the Procurement Technical Assistance Center (°PTAC"); and authorizing the City Manager or designee to execute the Small Business Incentives Project Service Agreement with the Type A Board for the implementation and administration of the Small Business Incentives agreement. The foregoing resolution was passed and approved with the following vote: Adame,Adler, Elizondo, Kieschnick, Leal, Loeb, Martinez and Scott, voting "Aye"; Marez was absent. II 5.a. MOTION NO. 2011-237 1 Motion adopting the timetable for the FY2012 Consolidated Annual Action Plan(CARP)that is the planning and application process for the Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG) (formerly Emergency Shelter Grant), and HOME Investment Partnerships Program (HOME). The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Martinez and Scott, voting "Aye"; Marez was absent. 5.b. MOTION NO. 2011-238 Motion reaffirming City Council Policy No. 9 which consists of Community Development Block Grant and HOME Investment Partnerships Program objectives and guidelines. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Martinez and Scott, voting "Aye"; Marez was absent. 6. RESOLUTION NO. 029261 Resolution authorizing the City Manager or designee to submit a grant application to the U. S. Department of Housing and Urban Development in an amount not to exceed $1,452,183 for the "Home 2011" Continuum of Care Homeless Assistance Grant and to execute all related documents. The foregoing resolution was passed and approved with the following vote: Adame,Adler, Elizondo, Kieschnick, Leal, Loeb, Martinez and Scott, voting "Aye"; Marez was absent. 7.a. RESOLUTION NO. 029262 Resolution ratifying acceptance by the City Manager or designee of a grant from the U. S. Department of Housing and Urban Development for the 2010 Community Development Block Grant Program in the amount of $175,828 and authorizing the execution of all documents necessary for the Avance, Inc., project. -2- The foregoing resolution was passed and approved with the following vote: Adame,Adler, Elizondo, Kieschnick, Leal, Loeb, Martinez and Scott, voting "Aye"; Marez was absent. 7.b. ORDINANCE NO. 029263 Ordinance appropriating a grant of $175,828 from the U. S. Department of Housing and Urban Development in the No. 1059 Grant Fund for the 2010 Community Development Block Grant Program for the Avance, Inc., project. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Martinez and Scott, voting "Aye"; Marez was absent. ! B. MOTION NO. 2011-239 i Motion authorizing the City Manager or designee to execute a Job Order Construction Contract with Haeber Roofing of Corpus Christi, Texas in the amount of$138,172.27 for Joe Garza Recreation Center Re-Roof. The foregoing motion was passed and approved with the following vote: Adame, Adler, 1' Elizondo, Kieschnick, Leal, Loeb, Martinez and Scott, voting "Aye"; Marez was absent. J 9. ORDINANCE NO. 029264 ,I Amending the Code of Ordinances, City of Corpus Christi Chapter 14 "Development Services,"Article XIII"Development Service Fees," by revising the heading and references at Division 4 and at Section 14-1341 from "Platting Ordinance Fees," to "Unified Development Code Fees"; by revising certain fees and charges at Section 14-1341; by revising certain fees and charges at Chapter 55 "Utilities," Article V "Taps and Connections," Section 55-70 "Adoption of Rules, Regulations and Water and Gas Fees"; and by revising certain fees and charges at Section 55-71 "Sewer Tapping Fees"; providing for publication. (First Reading-10118111) The foregoing ordinance was passed and approved on second reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Martinez and Scott, voting "Aye"; Marez was absent. I 10. ORDINANCE NO. 029265 Amending the.Article X, Chapter 14, Code of Ordinances, City of Corpus Christi, regarding storm water duality management plans, pollution control plans, pollution control measures, and small construction site notices; providing for penalties; and providing for publication. The foregoing ordinance was passed and approved on second reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Martinez and Scott, voting "Aye"; Marez 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 votes as follows: —3— 3. MOTION NO. 2011-236 Motion approving a service agreement with Sweeping Services of Texas — Operating, LP of Grand Prairie, Texas for street sweeping services in accordance with Bid Invitation No. BI-0013-12, based on lowest responsive bid, for an estimated two-year expenditure of $787,054, of which$295,145.25 is budgeted for FY 2011-2012. The term of the agreement shall be for twenty-four months with an option to extend for up to two additional twelve month periods, subject to the approval of the supplier and the City Manager or designee. The service will be administered by the Storm Water Department. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Martinez and Scott, voting "Aye"; Marez was absent. EXECUTIVE SESSIONS Mayor Adame announced the executive sessions which were listed on the agenda as follows: Executive session pursuant to 551.071 of the Texas Government Code to consult with attorneys regarding Cause. No. 2011 DCV-5073-C styled Ex Parte City of Corpus Christi, Texas presently pending in the 94th District Court of Nueces County, Texas, with possible discussion and action in open session. Executive Session under Texas Government Code Section 551.071 for private consultation with its attorney regarding City of Corpus Christi TPDES Permit No. WQ0010401006 EPA ID No. TX0047082, TPDES Permit No. WQ0010401005 EPA ID No. TX0047066, TPDES Permit No. WQ0010401003 EPA ID No. TX0047074, TPDES Permit No. WQ0010401008 EPA ID No.TX0047104,TPDES Permit No.WQ0010401004 EPA ID No.TX0047058, and TPDES Permit No. WQ0010401009 EPA ID No. TX0047121, (CN60011858, RN 101610327), with possible discussion and action in open session. Executive session under Texas Government Code Section 551.071 regarding Cause No. 2011-DVC-1103-C,J.D. Maldonado et a[vs. City of Corpus Christi, in the 94"District Court, Nueces County, Texas, with possible discussion and action in open session. i The council went into executive session. The council returned from executive session and i the following motion was passed with the following vote: 1. MOTION NO. 2011-242 Motion authorizing the City Manager to execute a legal services agreement with Martin Rochelle of Lloyd, Gosselink, Rochelle & Townsend, P.C. to represent the City in proceedings related to six proposed administrative orders from the U.S. Environmental Protection Agency related to the six wastewater treatment plants owned and operated by the City, at an hourly rate of$295.00, plus expenses, subject to certification of funds. The foregoing motion was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, and Martinez, voting "Aye";Adler and Scott were absent. Mayor Adame deviated from the agenda and referred to Item No. 29, a presentation by the Street Maintenance Finance Ad Hoc Advisory. Mr. Patrick Veteto,Chairman of Street Maintenance Finance Ad Hoc Advisory Committee provided a presentation including the funding options and evaluation criteria for the two plans; street metric change for the period 1980-2010; annual street —4— maintenance budget per person; revised funding needs;full funding impact including cost per utility customer; reconstruction, overlay and seal coat; reduced funding impact including cost per utility customer, reconstruction, overlay and seal coat; cost per person comparison; and funding i summary on the different options. PUBLIC HEARINGS MayorAdame referred to Item No. 11,Amendments to Consolidation Annual Action Plans. Eddie Ortega, Director of Neighborhood Services. Eddie Oretga, Director of Neighborhood Services stated that they are proposing the following four amendments to the plan: to change the location and scope of work for a FY05 Community Development Block Grant project for Avance; cancel a FY08 CDBG-Recovery project for CPLIBrightBiz Direct Energy and reallocate the funding to an approved project for Neighborhood Centers; cancel a FY09 HOME Investment Partnerships ` Program project for Nueces County Mental Health and Mental Retardation and reprogram the funding in the FY12 CARP; and change the scope of work for a FY09 CDBG project for Mary McLeod Bethune Day Nursery. A motion was made, seconded to open the public hearing. Mayor Adame asked for comments from the audience and there were none. Council Member Martinez made a motion to close the public hearing, seconded by Council Member Scott, and passed. Assistant City Secretary Juarez polled the council for their votes as follows: 11.b. MOTION NO. 2011-240 { Motion to authorize the City Manager or designee following the conclusion of the public comment period required by the U. S. Department of Housing and Urban Development (HUD), to amend the FY05 Consolidated Annual Action Plan (CRAP) by changing the location and scope of work for a Community Development Block Grant(CDBG) project for Avance;to amend the FY08 CAAP by canceling the CDBG-Recovery(CDBG-R)project for CPLIBrightBiz Direct Energy and reallocating the funding to a project for Neighborhood Centers; to amend the FY09 CAAP by canceling a HOME Investments Partnership Program (HOME) project for Nueces County Mental Health and Mental Retardation, with a commitment to reprogram the funding in the FY12 CARP; to amend the FY09 CAAP by changing the scope of work for a CDBG project for Mary McLeod Bethune Day Nursery; and to reinstate and execute all necessary documents with HUD and CAAP grantees as may be required to complete the affected projects. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Martinez, and Scott voting"Aye"; Leal and Marez were absent. ZONING CASE Mayor Adame referred to Item No. 12, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0811-01 Bruce S. Hawn: A change of zoning from the "RS-6" Single-Family District to the"FR" Farm Rural District, resulting in a closer conformity'with the future land use from single-density residential use to a farm rural use. The property to be rezoned is ss described as Palmros Tract, Block 1, Lot 1A, Allen Tract, Block 1, 0.24 acre out of Lot 1, and Flour Bluff& Encinai Farm &Garden Tracts, Section 40, 8.23 acres out of Lots 15, 16, 17, located west of Flour Bluff Drive and north of Glenoak Drive. City Planner Miguel Saldana referred to a presentation including an aerial view of the subject property;the existing and future land use map; location of surrounding business;and a site plan. Mr. Saldana stated that the Planning Commission and staff recommend approval of the —5— i { applicant's request for a change of zoning from the"RS-6" Single-Family District to the"FR" Farm ` Rural District. i No one appeared in opposition to the zoning change. Council Member Martinez made a motion to close the public hearing, seconded by Council Member Scott, and passed. Assistant City Secretary Juarez polled the council for their votes as follows: i 12. ORDINANCE NO. 029266 Amending the Unified Development Code, upon application by owner Bruce S. Hawn and wife, Nancy E. Hawn, by changing the UDC zoning map in reference to Palmros Tract, Block 1, Lot 1A, Allen Tract, Block 1, 0.24 acre out of Lot 1, and Flour Bluff and Encinal Farm and Garden Tracts, Section 40, 8.23 acres out of Lots 15, 16, 17, from the "RS-6" Single-Family 6 District to the"FR" Farm Rural District, amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Martinez and Scott, voting "Aye"; Leal and Marez were absent. 1 REGULAR AGENDA Mayor Adame referred to Item No. 13. Pete Anaya, Director of Engineering stated that this item relates to the submittal of a grant application for the Park Road 22 bridge project. Mayor Adame asked for comments from the audience. There were no comments. Assistant City Secretary Juarez polled the council for their votes as follows: 13. RESOLUTION NO. 029267 Resolution authorizing the City Manager or designee to submit a grant application in the amount of $12,500,000 to the U.S. Department of Transportation (DOT) National Infrastructures Investments Program for funding eligible under the Transportation Investment Generating Economic Recovery (TIGER) Discretionary Grant Program to be used for the construction of Park Road 22 Bridge, inclusive of a City match of$2,500,000, and authorizing the City Manager or designee to apply for, accept, reject, alter or terminate the grant. The foregoing resolution was passed and approved with the following vote:Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez and Scott, voting "Aye"; Leal was absent. MayorAdame referred to Item No. 14. Pete Anaya; Director of Engineering stated that this - item relates to Shoreline stabilization improvements at Cole Park. Mayor Adame asked for comments from the audience. There were no comments. Assistant City Secretary Juarez polled the council for their votes as follows: 14. MOTION NO. 2011-241 Motion authorizing the City Manager or designee to execute a construction contract with SafeNet Services, LLC of Corpus Christi, Texas, in the amount of $385,284.56 for the Cole Park Renovations and Improvements for the Base Bid plus Additive Alternates 1, 2 and 3. (BOND 2008) -6- i l The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Martinez and Scott,voting"Aye"; Leal and Marez were absent. FIRST READING ORDINANCES # Mayor Adame referred to Item No. 15. Johnny Perales,Assistant City Manager stated that + this item is a first reading ordinance adopting an amendment to the Comprehensive Plan for the Beach area. Mayor Adame asked for comments from the audience. There were no comments. Assistant City Secretary Juarez polled the council for their votes as follows: s 15. FIRST READING ORDINANCE r Amending the Comprehensive Plan for the City of Corpus Christi by amending the Port/AirportlViolet Area Development Plan area boundary to delete the Rincon Channel areas; amending the boundaries of the North Central Area Development Plan to include r Rincon Channel areas; providing for a new plan name of the North Central Area Development Plan to the Corpus Christi Beach Development Plan; amending the Comprehensive Plan by adopting the Corpus Christi Beach Development Plan which incorporates a comprehensive rezoning strategy, policies for growth and development, a prioritized project list for consideration in the City's Capital Budget Improvement Plan, 1 legislative priorities and direction in seeking partnerships and grants from various entities, repealing portions of Ordinance 022166 pertaining to the North Central Area Development Plan; amending related elements of the Comprehensive Plan including the Future Land Use Plan adopted by Ordinance 028504; providing for an effective date; and providing for publication. 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". I i FUTURE AGENDA ITEMS: i Mayor Adame referred to the Future Agenda Item section on the agenda. Items 16 - 27. Mayor Adame stated that these items are for informational purposes only and that no action or public comment will be taken at this time. Council members pulled items 16 through 20 for discussion. Staff also provided a presentation on the items 21 through 25. 16. Motion approving the purchase of play structures and park equipment from T.F. Harper& Associates LP, of Austin, Texas based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative, in the amount of $77,718.28. The purchase is for new and replacement park equipment for Molina Veteran's Park, Airline Park, Turtle Cove Park, Bel Aire Park, Lindale Park, Lawson Park and Inwood Park. Funding is budgeted and available in the Parks and Recreation 2010 General Obligation (BOND 2008) Capital Improvement Project Fund. 17. Motion authorizing the lease purchase of one tractor and flex-wing cutter from Lansdowne- Moody Co., L.P., of Houston, Texas, for a total amount of$80,000, of which $18,541.55 is required for the remainder of FY 2011-2012. The award is based on the Cooperative Purchasing Agreementwith the Houston-Galveston Area Council of Governments(H-GAC). Funds are available in the Airport Fund in FY 2011-2012. 18.a. Motion authorizing the City Manager or designee to execute an amendment to extend a lease agreement for two years, with an option for three, one-year extensions, with Wilson —7— Plaza Associates LP, for approximately 4,802-square feet at the Wilson Building, 606 N. Carancahua, Suite#105, for$4,802 monthly rental payment, for the Juvenile Assessment Center. 18.b. Motion authorizing the City Manager or designee to execute an amendment to extend a lease agreement for two years, with an option for three, one-year extensions, with Wilson Plaza Associates L.P., for approximately 4,710-square feet at the Wilson Building, 606 N. Carancahua, Suite #113-A for $5,800.45 monthly rental payment to house the City's Magistration and Detention Center. 18.c. Motion authorizing the City Manager or designee to execute an amendment to extend a lease agreement for two years, with an option for three, one-year extensions, with Wilson Plaza Associates L.P., for approximately 5,443-square feet at the Wilson Building, 606 N. Carancahua, Suite #113 for $6,197.83 monthly rental payment to house the Municipal Environmental and Juvenile Courts. 19. Motion authorizing the City Manager or designee to execute a service contract with the Texas Water Development Board for the Volumetric and Sedimentation Surveys of Lake Corpus Christi and Choke Canyon Reservoir. 20.a. Ordinance changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase revenues and expenditures in the amount of$34,800 for the addition of Project #E11114, BS 286A (Ayers Street) from Holly Road to SH 357 (Saratoga Boulevard) Project. 20.b. Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Texas Department of Transportation(TXDOT)for an Advance Funding Agreement for Voluntary Local Government Contributions to Transportation Improvement Projects with no required match forthe adjustment of water valves during the rehabilitation and widening of BS 286A (Ayers Street). 21. Motion authorizing the City Manager or designee to execute Amendment No. 1 to the Contract for Professional Services with LNV Engineering, Inc. of Corpus Christi, Texas, in the amount of $245,158 for the Broadway Wastewater Treatment Plant Effluent Line Rehabilitation. 22. Motion authorizing the City Manager or designee to execute a Contract for Professional Services with Freese and Nichols, Inc. of Corpus Christi, Texas, in the amount of$61,651 for the Oso Water Reclamation Plant Nutrient Removal Project -- Peer Review. (C1P- WASTEWATER 02) 23. Motion authorizing the City Manager or designee to execute a construction contract with - Bridges Specialties, Inc. of Sandia,Texas in the amount of$208,000 for construction of the Salt Flats Levee System, Phase 1 (Short Term Improvements). 24. Motion authorizing the City Manager or designee to execute Amendment No. 1 to the Contract for Professional Services with Urban Engineering of Corpus Christi, Texas, in the amount of $116,860 for the Allison Wastewater Treatment Plant Mechanical Bar Screen and Grit Removal Improvements. 25. Motion to authorize the City Manager or designee to execute a contract with Trillion Av, L.L.C., for a term of one year,with option to extend for up to four additional one year terms, for Aviation Business Consultant Services for the Corpus Christi International Airport, with first year cost of$110,000. i FUTURE PUBLIC HEARINGS: 26. Zoning Case No.0911-02, Red Ace Saratoga, Ltd: A change of zoning from the "CG-2" General Commercial District to"IL" Light Industrial District; located west of the intersection of Saratoga Boulevard and Weber Road. 27. Zoning Case No. 0911-03, Calallen Baptist Church: A change of zoning from the "RS-6" Single-Family 6 District to "CN-1" Neighborhood Commercial District; located between Middle Lane and West Buckhorn Street, west of Interstate Highway 37. { UPDATES TO CITY COUNCIL: ' Mayor Adame referred to Item No. 28, Presentation on New Broadway Wastewater Treatment Plant. Pete Anaya, Director of Engineering provided a presentation including an overview of the facility and site plan of the project; described the improvements to Phase 1 and Phase 11;the project schedule status; on-going schedule recovery plan;construction budget status; explained the headwork area and construction of walls; aeration basins, the secondary clarifiers; UV structure; aerated sludge basins; sludge dewatering building; construction of decks; and the installation of electrical conduit. PUBLIC COMMENT Mayor Adame called for comments from the public. Jack Gordy, spoke regarding illegal signs; Robert Wood, Felipe Martinez, Unidentified Citizen,Megan Sweeney, Koby Deez and Daniel Lucio spoke about the Occupy Corpus Christi movement. CITY MANAGER COMMENTS There were no city manager comments. There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 4:05 pm on October 25, 2011. i 2 1 i 1 I 1 i a. CITIZENS ADVISORY HEALTH BOARD — Four (4) vacancies with three-year terms to 11-11-14, one of which is appointed jointly by the City and the County. (Note: Council to designate which member will be recommended to the County for the joint appointed slot.) DUTIES: To study and assist in health and human service operations, services and programs, and to make recommendations to the City and County through the Director of Health and Human Services.. COMPOSITION: Eleven (11) members, five (5) members appointed by the City Council for three-year terms, five (5) by the Commissioners Court for two-year terms; and one member appointed jointly by the City and the County. The board elects its own president and vice {� president. I F ORIGINAL MEMBERS TERMS APPTD. DATES 1 Amanda Stukenberg (City) 11-11-12 5-08-01 **Mary Jane Garza(City), Co Chair 11-11-11 3-20-07 Pamela Brouillard (County) 06-30-11 8-11-10 *Suzzette Chopin(City), Co Chair 11-11-11 2-21-06 Leo Barrera, Jr. (County) 06-30-11 4-24-84 Pamela S. Meyer (County) 06-30-12 7-09-08 Annie Galvan (City) 11-11-13 11-9-10 ***Dr. Bruce N. Stratton (City) 11-11-11 11-18-08 Dr. Tony Diaz (County) 06-30-11 11-11-78 Sandra Heatherley (County) 06-30-12 6-16-10 ***Araselia Barrera (Joint) 11-1111 2-21-06 Legend: *Seeking reappointment "Not seeking reappointment ***Resigned . ****Exceeded number of absences allowed by ordinance *****Has met term limitation ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Suzzette Chopin 8 7 (1 exc.) 88% OTHER INDIVIDUALS EXPRESSING INTEREST: Sylvia R. Cantu 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. (4129/11) Stephanie Cloutet Recent college graduate, housewife. Received BBA in Business Management at Baylor University. (7/26/11) Margareta Fratila 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. (6129111) Coretta Graham 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. (9106111) 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. (6117111) Anthony Mulheron Quality Control Inspector, L3. Owner, AJM Tactical. Attends Liberty University Online. Activities include: Wounded Warrior. (05102111) Ted Schroeder Owner/Administrator/Instructor, Gulf Coast Food Manager Certification Program. Received Degree in Business Management from University of Kentucky. Past President of Elizabeth Town, Kentucky Jaycees and Lions. (04/12111) —14— Elizabeth Sefcik Professor of Nursing and Gerontology Nurse Practitioner, Texas A&M University — Corpus Christi. Activities include: Texas Nurses Association District #17 Board of Nursing, International Nursing Association Honors Society — Sigma Theta Tau, and William Holzemer's HIV/AIDS Research Network. (10/16/11) Lauren Younborg Research Assistant, Advanced Research Associates. Received Bachelor of Science in Biology and Master of Science in Genetic Counseling. Pursuing Master of Public Health-Community Health Sciences degree. Formerly employed with Mayo Clinic as a genetic counselor and the Genetic Alliance's (non-profit in Washington, DC) Maternal and Child Health program. (10/22/.11) 1 i i i I -15- b. ETHICS COMMISSION - Three (3) vacancies with three-year terms to 10-01-14. (Requires 2/3 vote of the full Council) DUTIES: In addition to having jurisdiction of complaints involving any "city official", the duties of this commission are to prepare and publish pamphlets and other materials explaining the duties of individuals subject to the code of ethics; review all statements and reports filed with the city; annually review the code of ethics and make appropriate recommendations to the city council; review all public opinions related to the code of ethics that are issued by the city attorney;prepare and disseminate a report listing all campaign contributions and expenditures for each candidate within 30 days following the deadline for filing the last campaign finance reports for each city council election. The commission shall have such meetings as may be necessary to fulfill its responsibilities. The chairperson or any three (3)members may call a meeting provided that reasonable notice is given to each member. The commission shall meet at least once a year. The date of the annual meeting shall be in.September. The commission shall comply with the Texas Open Meetings Act. COMPOSITION: Nine members appointed by a two-thirds vote of the full council. Nominations are to be solicited from a wide variety of professional and community organizations in the city but interested individuals may also submit their names for consideration. Initially, the terms of three members shall be one year, and the initial terms of another three terms shall be two years. The persons having such shorter terms shall be determined by lot. No holding over is permitted except as expressly provided in the code of ethics. The commission shall elect a chairperson and a vice-chairperson. ORIGINAL MEMBERS TERM APPTD. DATE Linda Figueroa 10-01-12 05-10-05 Melvin Bohannon 10-01-12 10-13-09 *William Strawn 10-01-11 06-09-09 *Haysam D. Dawod 10-01-11 07-20-10 Laura Hebert 10-01-13 11-13-07 Jennifer Dragoo 10-01-12 10-13-09 Ken Bung 10-01-13 10-12-10 Harry Hallows 10-01-13 10-12-10 *****James Richard Cramer, Chair 10-01-11 10-14-03 Legend: *Seeking reappointment "Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met term limitation ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR William Strawn 6 6 100% Haysam D. Dawod 6 5 83% _16_ OTHER INDIVIDUALS EXPRESSING INTEREST Stephanie Cloutet Recent college graduate, housewife. Received BBA in Business Management at Baylor University. (7/26/11) Margareta Fratila Owner, Margaret's Greenhouse and European Floral Design. Received a 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. (6129111) Jack Gordy Retired Military (E-7). Attended Del Mar College. (6108/11) Coretta Graham 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. (9106111) William M. Kramer, Jr. Agent, Kramer Insurance Agency. Received a Bachelor's in Political Science from Texas A&M University-Corpus Christi. Activities include: Cystic Fibrosis Walk and Diabetes Walk. (6117111) Joel S. Mumphord Retired, Encycle, Inc. Served in Law Enforcement. Activities include: Host of T.V. Show, Community Action Agency, Molina Neighborhood Day Care, HIALCO President. (4128111) Sean Thorson Sr. Mortgage Banker, Envoy Mortgage. Studied Business, at Bringham Young University. Received Ethics and Compliance Certification from WA State DFI, School of Mortgage Lending, Washington. Top Producer awards every year since 2000. Activities include: Founder of Pacific Coast Mortgage Dreams Charity, girls youth soccer coach, and former President of Sno-King Youth Club. (6/08111) —17— I Matthew J. Topelian Supervisory Special Agent, Department of Homeland Security ICE Investigations. Received an Associate of Arts in Pre-Law, Bachelor of Science in Law Enforcement, and a Master of Science in Criminology. Activities include: Salvation Army Advisory Board; Church/Salvation Army ii missions and wheel chair ramp building team; and assists with blood drives for the Coastal Bend Blood Center. (3/10111) j 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. (5118/11) i Larry L. White Process Engineer, DuPont. Received a Bachelor of Science in Chemical Engineering, a Master of Science in Chemical Engineering and Environmental Engineering. Activities include: American Institute of Chemical Engineers, Engineering Advisory Council at Frank H. Dotterweich College of Engineering, Corpus Christi Bucarader, Water's Edge Pipe & Drum, Corpus Christi Vision 2000, Citizens Advisory Committee on Desalinization, Citizens Advisory Committee for the new Harbor Bridge, and Block Captain of his neighborhood association. (4109/11) -18- c. FOOD SERVICE ADVISORY COMMITTEE — Two (2) vacancies with three-year terms to 06-24-14 representing the category of Community at Large. DUTIES: The functions will be to advise the Director of Health on application of ordinances regarding food and food establishments, review the permit fees annually to ensure the cost of the program is returned to the City, and to conduct hearings pursuant to the sections of the ordinance relating to revocations and to make written recommendations to the City health officer whether to revoke or suspend a food manager's permit, pursuant to Art.19-84. COMPOSITION: Seven (7) members. The membership shall consist of four (4) local food managers from the food service or food processing industries and three (3) persons from the community at large. Members of the committee shall be appointed by the City Council for staggered terms so that at least one industry representative and one community member are reappointed each year. No voting member may serve more than two terms of three years each with the exception of those initially appointed for less than a fall three-year term. ORIGINAL MEMBERS TERM APPTD. DATE Carlos R. Moreno (Food Industry) 6-24-14 3-08-11 Lisa Pollakis (Food Industry), Chair 6-24-12 6-30-09 Jack Baker (Food Industry) 6-24-12 6-30-09 * **Dr. Nina Sisley (Community at Large) 6-24-11 6-14-05 *Robert Boyle (Community at Large) 6-24-11 12-7-10 Gabriel G. Hernandez (Food Industry) 6-24-13 6-19-07 Anthony Hernandez (Community at Large) 6-24-13 4-13-10 Legend: - *Seeking reappointment "Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance **** *Has met term limitation (The Food Service Advisory Committee is recommending the reappointment of Robert Boyle and new appointment of Manuel Ortega for the Community at Large vacancies.) ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Robert Boyle (Comm. at Large) 3 2 (1 exc.) 67% —19— I i OTHER INDIVIDUALS EXPRESSING INTEREST i Sylvia R. Cantu 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) (Food Industry or Community at { Large) `i William M. Kramer, Jr. Agent, Kramer Insurance Agency. Received a Bachelor's in Political Science from Texas A&M University-Corpus Christi. Activities :include: Cystic Fibrosis Walk and Diabetes Walk. (6/17/11) (Community at Large) Jesse Olivares Co-Owner, Treehouse Woodesigns and Owner/Caterer of Big O's Catering. Activities include: Corpus Christi Hispanic Chamber of Commerce, Junior Achievement, and Avance, Inc. (Will resign from Airport Board if appointed) (01/21/11) (Food Industry and Community at Large) Manuel Ortega Owner/Manager, Manuel Ortega Consulting and Real Estate Broker. Received an AA from Del Mar College, Corpus Christi, Texas, Received a BBA in General Business from Texas A&I University, Kingsville, Texas, and an MBA in Business and Marketing from Corpus Christi State University. (08/23/11) (Community at Large) Ted Schroeder Owner/Administrator/Instructor, Gulf Coast Food Manager Certification Program. Received Degree in Business Management from University of Kentucky. Past President of Elizabeth Town, Kentucky Jaycees and Lions. (04/12/11) (Food Industry and Community at Large) —20— d. ISLAND STRATEGIC ACTION COMMITTEE—One (1) vacancy representing the category of Construction Contractor with term to 3-23-12. DUTIES: To advise the Mayor and City Council on development and implementation of the Mustang-Padre Island Area Development Plan. The Committee shall develop specific strategies for implementation of the Mustang-Padre Island Development Plan with specific timelines to implement the respective strategies and a clear determination of which agency or individual is responsible to implement specific projects or programs. COMPOSITION: The committee shall consist of thirteen (13) members appointed by the City Council. The membership must include: 1-member of the Padre Isles Property Owners Association, who has been nominated by the association; 1- residential property owner who owns property and resides on Mustang or Padre Island; 1-commercial property owner who owns property and operates a business on Mustang or Padre Island; 1- developer of property on Mustang or Padre Island; 1-member of the Padre Island Business Association, who has been nominated by the association; 1-architect or professional engineer, who does work on projects on Mustang or Padre Island; 1-realtor, who primarily represents buyers or sellers of property on Mustang or Padre Island; 1- construction contractor, who primarily works on projects on Mustang or Padre Island; 1- representative of an environmental group; 4- at large representatives who are residents of the City.—Not less-than twelve-(1-2)-members-must-reside-or-own property on Mustang or Padre Island. One (1) of the at-large representatives may, but is not required to, reside on Mustang or Padre Island. The City Council may appoint not more than four (4) members of the action committee who do not reside within the City if they own or represent the owner of property on Mustang or Padre Island. Of the initial members, seven (7) members shall serve a three-year term and six (6) members shall serve a two-year term, as determined by a drawing to be conducted by the City Secretary's Office. Thereafter, all terms shall be three (3) years. ORIGINAL MEMBERS TERM APPTD.DATE David A. Kurz (Padre Isles Prop. Owners Assoc.) 3-23.13 3-23-10 J.J.Hart(Residential Property Owner) 3-23-12 3-23-10 Gregory Smith(Commercial Property Owner) 3-23-13 3-23-10 Paul Schexnailder(Developer) 3-23-13 3-23-10 John A. White, Sr. (Padre Island Business Assoc.) 3-23-13 3-23-10 Ronald A.Voss (Professional Engineer) 3-23-12 3-23-10 Gabriele Hilpold(Realtor),Chair 3-23-12 3-23-10 ***R.Bryan Gulley(Construction Contractor) 3-23-12 3-23-10 Charles Mader(Environmental Group) 3-23-12 3-23-10 _ Jyoti R. Patel(At Large) 3-23-13 3-23-10 Colleen McIntyre(At Large) 3-23-13 3-23-10 John Trice(At Large) 3-23-13 3-23-10 James Needham(At Large) 3-23-12 3-23-10 Assistant City Manager,Development Services Ex-Officio,Non-Voting Director,Economic Development Ex-Officio,Non-Voting Legend: *Seeking reappointment **Not seeking reappointment '"Resigned *Resigned ***Exceeded number of absences allowed by ordinance *** **Has met term limitation —21— (The Island Strategic Action Committee is recommending the new appointment of Alex Harris for the Construction Contractor vacancy.) OTHER INDIVIDUALS EXPRESSING INTEREST Alex H. Harris Executive VP/GM/Co-Owner, Bay Area Title Group/Brite Star Construction. President, Mustang Island Construction, Received BBA from Texas A&I University — Kingsville and MBA from Corpus Christi State University. Activities include: Current member of the Board of Directors - Corpus Christi Chamber of Commerce. Former activities include: Leadership Corpus Christi, member of Padre Island — Packery Channel Development Group, Corpus Christi Builders Association — Government Affairs Committee, and former President of TAMU-CC President's Club and 4 U CC. (11/01/11) (Construction Contractor) Lyle Smitson Owner, All Texas Communications. Served in the United States Air Force. Received BS in Business Administration from Cal State University at Los Angeles, California. Electrical Engineer and Commercial Builder. (04/27/11) (Construction Contractor) i _22_ i e. LIBRARY BOARD—Four (4) vacancies with two-year terms to 11-05-13. DUTIES: The committee shall be advisory to the City Council and its duties shall be to investigate and recommend to the Council matters relating to library services. COMPOSITION: Nine (9) members, seven (7) members shall be appointed for two-year terms by the City Council, one (1) member shall be nominated by the La Retama Club, and one (1) shall be nominated by the Friends of the Corpus Christi Public Libraries Board for a term of two- years. Each nominee must be confirmed by a majority of City Council Members. F ORIGINAL MEMBERS TERM APPTD. DATE *Mary Jane Garza 11-05-11 12-08-09 *Lawrence Jordan 11-05-11 2-10-09 Catherine MacLachlan 11-05-13 8-23-11 Dr. Stuart Elovitz 11-05-12 2-10-09 *****Lucy McCracken 11-05-11 11-08-05 *John B. Keys 11-05-11 12-08-09 { Michael Flores, Chair 11-05-12 5-13-08 Ella Wall Prichard, La Retama Club 11-05-12 11-09-10 j Natalie Rogen, Friends of C.C. Libraries 11-05-12 2-10-09 Sue Stanford Honorary, non-voting 1-17-03 Legend: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met term limitation (The Library Board is recommending the reappointments of Mary Jane Garza, Lawrence Jordan, and John B. Keys and the new appointment of either Evelyn Sue Donahue or Adrian Desmond Dansby to one of the vacancies.) ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Mary Jane Garza 11 10 91% Lawrence Jordan 11 11 100% John B. Keys 11 11 100% —23— J]1 7 OTHER INDIVIDUALS EXPRESSING INTEREST: Paul Altheide Chief Executive Officer, Ed Rachal Foundation. Received AA from Del Mar College and BBA from Texas A & I University. Activities included: American Institute of Certified Public Accountants; Texas Society of Certified f Public Accountants; Corpus Christi Estate Planning i{ Council; and Del Mar Kiwanis Club. (8104111) I Ron Antosko Financial Advisor, Bank of America — Merrill Lynch. Received MBA in International Trade and Series 7 License in securities. (7112111) Adrian Desmond Dansby Special Education Department Chairperson, King High School. Received a Bachelors and Masters degree in Business Administration in Management. Holds a Generic Special Education Certification and a Principal Certification. (09128111) Meredith Delano Head of English Department/English Teacher, Responsive Education Solutions — Premier High School. Received a Bachelor of Arts in English. Activities include: Junior League of CC, Sister City Committee, Art Museum of South Texas, Metro Ministries, Cattle Baron's Ball, Gulf Coast Humane Society, IFRE Intntl. Volunteers (Cuzco, Peru), and Fighting to Rid Gangs in America. (Will resign from Sister City Committee if appointed) (10114111) Evelyn Sue Donahue Self-Employed, Author, Freelance Writer. Activities include: Co-Founder of the South Texas Music Walk of Fame. Creator of archive of the South Texas Music Walk of Fame for the La Retama Library. (10131111) Coretta Graham 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, (9106111) - William M. Kramer, Jr. Agent, Kramer Insurance Agency. Received a Bachelors in Political Science from Texas A&M University-Corpus Christi. Activities include: Cystic Fibrosis Walk and Diabetes Walk. (6117111) Ken Muir Attorney-Advisor, Corpus Christi Army Depot Legal Office. Activities include: Volunteer for the Optimist Coastal Bend Chess Federation for scholastic chess. (4118111) —24— I f MAYOR'S FITNESS COUNCIL—Three (3) vacancies with terms to 5-11-12 representing the following categories: One (1) Veteran's Wellness, One (1) Faith-Based Partners, and One (1) College/University. (Appointed by the Mayor with approval of the City Council.) (Staff is recommending postponement of the Veteran's Wellness category pending recruitment of additional applications.) DUTIES: To advise the City Council, City Manager, Parks Department and Health District regarding promotion of healthy living, including but not limited to the following activities: Encourage, promote and enhance healthy living through organized sports, events, diet and everyday activity, all with a strong emphasis on using natural resources. I COMPOSITION: The committee shall consist of thirteen (13) members appointed by the Mayor with approval of the City Council. The committee shall consist of individuals { representing the following categories: Veteran's Wellness, Corporate Initiatives, Health i Care/Medical Professionals, Worksite Wellness, College/University, Disability Networks, Faith Based Partners, Senior Citizen Wellness, Youth/After School Programs, Community Outreach/Special Events and two (2) at large members.. A liaison from the Governor's Advisory Council on Physical Fitness will also serve on the Committee. City residency requirement does { not apply to liaison from the Governor's Advisory Council. Of the initial members, eight (8) members shall serve a two-year term and five (5) members shall serve a one-year term, as determined by a drawing to be conducted at the initial meeting. Thereafter, all terms shall be two (2) years. ORIGINAL MEMBERS TERM APPTD. DATE Jane Bell (Disability Network) 5-11-13 5-11-10 Dr. Charles H. Campbell (Health Care/Med) 5-11-12 4-12-11 Mary LaFrancois (At Large) 5-11-13 2-08-11 ***Marc Cisneros (Veteran's Wellness) 5-11-12 5-11-10 Elizabeth Feeney {Corporate Initiatives) 5-11-13 6-28-11 D. Scott Elliff(Youth/After School) 5-11-13 5-11-10 ***Timothy M. Fitzpatrick(College/University) 5-11-12 5-11-10 Rick Hayley(Gov's Liaison),Vice Chair 5-11-12 5-11-10 Judy Lapointe Jennings (Senior Citizen) 5-11-12 5-11-10 ***Father Joseph Lopez (Faith Based Partners) 5-11-12 5-11-10 Grete McBath (Worksite Wellness) 5-11-13 5-11-10 Venessa Santos-Garza(Comm. Outreach) 5-11-12 5-11-10 Wade Spenst(At Large), Chair 5-11-13 5-11-10 Legend: *Seeking reappointment "Not seeking reappointment ***Resigned ""Exceeded**Exceeded number of absences allowed by ordinance *****Has met term limitation (The Mayor's Fitness Council is recommending the new appointments of Ken de Boning for the Faith-Based Partners category and Megan Allen for the College/University category.) —25— INDIVIDUALS EXPRESSING INTEREST Ken de Koning Pastor, Waldron Road Baptist Church. Received a Bachelor's Degree from the University of Corpus Christi. Activities include: Founder of De Koning Ministries and tennis professional. (8--31-11) (Faith Based) Megan Allen Assistant Athletic Director for External Operations/ Senior Woman Administrator, Texas A&M University — Corpus Christi Athletic Department. Bachelor of Arts degree from Washington State University. Activities include: current participant in Fitness Challenge, National Association of Collegiate Marketing Administrators Board Member. (9-30-11) (College/University) —26— { 1 g. REINVESTMENT ZONE NO. TWO BOARD — Nine (9) vacancies with two-year terms to 11-01-13. (Historically, the Council has appointed Council Members as representatives.) DUTIES: The Board shall make recommendations to the City Council concerning the administration of the Zone. The Board shall prepare and adopt a project plan and reinvestment zone financing plan for the Zone and submit such plans to the City Council for its approval in accordance with Section 311.011, Texas Tax Code. The Board shall exercise other powers and responsibilities with respect to the Zone only to the extent expressly granted by the City Council { by ordinance or resolution. COMPOSITION: The Board shall consist of at least five and not more than fifteen (15) members. The members shall be appointed as follows: Pursuant to Sec. 311.009(a), Tax Code, the respective governing bodies of each taxing unit other than the City each may appoint one (1) member of the Board. A taxing unit may waive its right to appoint a Director. The remaining members of the board are appointed by the City Council. The City Council shall have the right to appoint up to ten (10) members, and the board shall exceed fifteen (15) members if necessary for the City Council to make said ten (10) appointments. To be eligible for appointment an individual must be a qualified voter of the City or be at least 18 years of age or older and own real property in the zone. j ORIGINAL MEMBERS TERM APPTD. DATE Linda Strong (City) 11-01-11 1-11-11 Larry Elizondo (City) 11-01-11 2-12-08 Mark Scott (City) 11-01-11 11-10-09 Kevin Kieschnick(City) 11-01-11 11-10-09 Priscilla Leal (City) 11-01-11 2-12-08 John Marez(City) 11-01-11 5-23-06 Nelda Martinez (City) 11-01-11 2-12-08 Joe Adame (City) 11-01-11 9-15-09 Chris N. Adler(City) 11-01-11 9-15-09 Gabriel Rivas (Del Mar) 11-01-12 Samuel L. Neal, Jr. (Nueces Co.), President 11-01-12 - Cal Jennings (Hospital District) 11-01-12 - Richard Pittman(Flour Bluff T.S.D.) 11-01-12 - Greg Brubeck(Port of C.C.) 11-01-12 - -27— � 3 i i �cA O � IIPUN xs5� AGENDA MEMORANDUM for the City Council Meeting of November 8, 2011 DATE: 11/08/2011 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services (361) 826-3169 Mikeb@cctexas.com Award for purchase of new and replacement play structures and park equipment for seven(7) City parks. CAPTION: Motion approving the purchase of play structures and park equipment from T.F. Harper & Associates LP, Au __ --- — _..__ __ __ . atl aging Cooperative, in the amount of $77,718.28. The purchase is for new and replacement park equipment for Molina Veteran's Park, Airline Park, Turtle Cove Park, Bel Aire Park, Lindale Park, Lawson Park and Inwood Park. Funding is budgeted and available in the Parks & Recreation 2010 General Obligation (Bond 08) CIP Fund. BACKGROUND AND FINDINGS: The Capital Improvement Project in the 2008 Bond Program provides funding to purchase new and replacement playground equipment for the following City parks as part of the Neighborhood Playground and Park Improvement Project: • Molina Veteran's Park- 1150 Bloomington • Airline Park- 2601 Airline • Turtle Cove Park- 9516 Love Bird • Bel Aire Park- 1347 Brentwood • Lindale Park- 3133 Swantner • Lawson Park- 2724 Rogers • Inwood Park-4821 Vestal The current park equipment at the parks is out-dated and does not meet current safety standards. The new and replacement equipment will enhance the use and overall appearance of the parks. All park equipment will be installed by Parks and Recreation staff, with an estimated completion date of Spring 2012. i —31 ALTERNATIVES: Alternatives considered were that current park and playground-equipment remain as is or to internally develop concepts and solicit formal bids. CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY I NON-EMERGENCY: Not applicable. DEPARTMENTAL. CLEARANCES: Parks and Recreation Engineering FINANCIAL IMPACT: Project to Date Expenditures Fiscal Year: 2011-2012 CIP only) Current Year Future Years TOTALS Line Item Budget $0 $450,000 $450,000 Encumbered / This item 0 77,718.281 77,718.28 BALANCE $0 $372,281.72 $372,281.72 Funds): Parks and Recreation 2010 General Obligation CIP (Bond 08) Fund Comments: The cost of the play structures and park equipment is $77,718.28. The CIP fund has $750,000 allocated for the Neighborhood Playground and Park Improvement Project, of which $450,000 is budgeted for improvements to these seven parks. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: BI-0026-12 Price Listing i I - Approvals: Brian Narvaez, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager I —32— CITY OF CORPUS CHRISTI PURCHASING DIVISION PLAY STRUCTURES AND PARK EQUIPMENT 1 BUYER: SAVANNAH CRUZ TEXAS LOCAL GOVERNMENT COOPERATIVE CONTRACT#346-10 DATE: NOVEMBER 8, 2011 T.F. HARPER& ASSOCIATES, LP AUSTIN TEXAS EXTENDED ITEM DESCRIPTION QTY UNIT UNIT PRICE PRICE MOLINA VETERAN'S PARK 1 Burke, Sportsplay and Ultraplay Park 1 EA $10,887.92 $10,887.92 Equipment AIRLINE PARK 2 Ultraplay Park Equipment i EA 3,774.00 3,774,00 I TURTLE COVE PARK 3 Burke, Sportsplay and Ultraplay Park 1 EA 7,502.92 7,502.92 i Equipment BEL AIRE PARK 4 Burke and Ultraplay Park Equipment 1 EA 3,960.84 3,960.84 LINDALE PARK I LAWSON PARK 6 Burke Park Equipment 1 EA 13,036.00 13,036.00 INWOOD PARK 7 Burke, Sportsplay and Ultraplay Park 1 EA 5,323.84 5,323.84 Equipment 8 Freight and Supplier Surcharge 1 EA 7,476.00 7,476.00 TOTAL $77,718.28 a I 1 I ', ,I' 1 1 i 4 AGENDA MEMORANDUM for the City Council Meeting of November 8, 2011 DATE: October 25, 2011 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb@cctexas.com 361-826-3169 1177 Lease Purchase of Tractor and Flex-Wing Cutter CAPTION: Motion authorizing the lease purchase of one tractor and flex-wing cutter from Lansdowne-Moody Co., L.P., Houston,Texas,for a total amount of$80,000,of which,$18,541.55 is required for the remainder pf FY 2011-2012. The award is based on the cooperative purchasing agreement with the Houston-Galveston Area Council of Govemments (H-GAC). Funds are available in the Airport Fund in FY 2011-2012. B�►CKGROUND AND FINDINGS: The Aviation Department is responsible for mowing the 2,500 acres of land that comprise the Corpus Christi International Airport. This tractor and flex-wing cutter will enable the Aviation Department to regularly mow this acreage in compliance with the requirements of the Federal Aviation Administration. The current tractor and flex-wing cutter are 1989 models that have been in continuous service for the last twenty- two years. This is a replacement to the fleet. ALTERNATIVES: The Aviation Department could continue to utilize and repair the existing twenty-two year old tractor and flex-wing cutter. However, in each of the last two fiscal years ending July 2011, the Aviation Department has spent approximately $5,000, on average, per fiscal year on repairs. Thus, considering the escalating cost of repairs, associated downtime and the considerable age of the equipment,this alternative is not the most cost-effectiveand will inhibit the Aviation Department's ability to consistently comply with Federal Aviation Administration requirements. j OTHER CONSIDERATIONS: This tractor and flex-wing cutter will be funded for a thirty-six month period with an estimated interest rate of 2.75%. The actual interest rate will be determined after the City accepts the tractor and flex-wing cutter. The total estimated annual payment for the Aviation Department is $27,812.32. The total estimated, cost over the thirty-six month period, including principal of$80,000 and interest of$3,436.95, is $83,4.36.95. CONFORMITY TO CITY POLICY: The tractor and flex-wing cutter will be purchased through the cooperative purchasing agreement with H-GAC. H- GAC acts as a purchasing agent for participating members through the Interlocal Cooperative Act and abides by all Texas competitive procurement statutes. Therefore, this purchase conforms to City purchasing policies and procedures and state statutes regulating procurement. EMERGENCYINON-EMERGENCY: Not applicable. -37- DEPARTMENTAL CLEARANCES: Aviation Department FINANCIAL IMPACT: ❑ Not Applicable J Operating Expense ❑ Revenue ❑ CIP Project-to-Date Fiscal Year: 2011-2012 Expenditures CIP Current Year Future Years TOTALS Budget $0 $25,896.00 $64,895.40 $90,791.40 Encumbered / Expended Amount $0 $0 $0 $0 This item $0 $18,541.55 $54,895.40 $83,436.95 BALANCE $0 $7Y354.45 $0 $7,354.45 Fund(s): Airport Fund Comments: Lease payments are expected to commence on or about December 1, 2011. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid tabulation attached. Appravals: Brian Narvaez, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan,Assistant Director of Management and Budget Margie Rose, Assistant City Manager Fred Segundo., Director of Aviation —38— CITY OF CORPUS CHRISTI PURCHASING DIVISION DATE: October 25, 2011 BI-0023-12 BID TABULATION TRACTOR AND FLEX-WING CUTTER Lansdowne-Moody Co., L.P. Houston, Texas Unit Extended DESCRIPTION QT9 UNIT Price Price 1. New Holland 115 HP T6030 PLUS 4x4 Cab 1 Each $59,488.00 $59,488.00 Tractor; Two-year/2,000 hr. bumper-to-bumper warranty 2. Rhino FR240 20` Flex-Wing Cutter with Chains 1 Each $20,512.00 $20,512.00 TOTAL AWARD: $80,000.00 1 a i _3g_ i f f f I i t I �I'' 1 i I 1 5 - 0 AGENDA MEMORANDUM v for the City Council Meeting of November 8, 2011 rook 2852 DATE: 10/10/2011 TO: Ronald L. Olson, City Manager FROM: Michael Morris A-fA4-,.L michaelmo@cctexas.xom 826-3461 � Rene Mediola renem cctexas. om 826-2503 Renewal of Lease Agreements for Juvenile Assessment Center and Municipal Court Offices at the Wilson Plaza { CAPTION: A. Motion authorizing City Manager, or designee, to execute an amendment to extend a lease agreement for two years with an option for three, one year extensions, with Wilson Plaza !a EF -70 r .. pprorrr. Carancahua, Corpus Christi, Nueces, Texas, Suite#105, for $4,802 monthly rental payment, for the Juvenile Assessment Center. B. Motion authorizing City Manager, or designee, to execute an amendment to extend a lease agreement for two years with an option for three, one year extensions, with Wilson Plaza Associates L.P., for approximately 4,710 square feet at the Wilson Building, 606 N. Carancahua, Suite #113-A for $5,800.45 monthly rental payment to house the City's Magistration and Detention Center. C. Motion authorizing City Manager, or designee, to execute an amendment to extend a lease agreement for two years with an option for three, one year extensions, with Wilson Plaza Associates L.P., for approximately 5,443 square feet at the Wilson Building, 606 N. Carancahua, Suite #113 for $6,197.83 monthly rental payment to house the Municipal Environmental and Juvenile Courts. BACKGROUND AND FINDINGS: Each lease provides janitorial services for suites and common areas, trash and garbage disposal, provide restroom supplies and light bulbs, as well as utilities such as electricity, water and sewer. Assigned parking spaces are also designated for each suite. The City's Magistration and Detention Center (CDC) began operations at the Wilson Building, Suite#113-A on September 11, 2004. The original lease was executed on April 13, 2004 for the CDC expired on August 31, 2011. In an effort to align all three leases, we are bringing all three forward at this time. The City's Environmental Court, with Juvenile Court attached later, began operations at the Wilson Building, —43— Suite#113 on,September 12, 2006. The original lease was executed on September 12, 2006 for the Courts expired on September 30, 2011. On March 23, 2010, City Council approved a 17-month lease agreement at the Wilson Plaza Building for the Juvenile Assessment Center(JAC). The move from its original location on Enterprize Lane was made in order to be near the Juvenile Municipal Court. The original lease for the JAC expired on September 30, 2011. ALTERNATIVES: This is the most appropriate option for Municipal Court and the Parks & Recreation Departments. If the lease extension is not approved a new facility will need to'be located, built and/or modified for the Municipal Court and Juvenile Assessment Center to share common space as well as to house the CDC. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: The City Council must authorize the City Manager to execute a contract or agreement that exceeds $50,000. EMERGENCY I NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Parks and Recreation Department, Municipal Court, and Legal FINANCIAL IMPACT: Operating Expense i Project to Date Expenditures Fiscal Year: 2011-2012 (CEP only) Current Year Future Years TOTALS Line Item Budget $217,085 $201,598 $418,683 Encumbered/ $41,287.03 $41,287.03 Expended Amount This item $167,998 $201,598 $369,596 BALANCE 1 $7,799.971 $7,799.97 Fund(s): Comments:Both the Parks and Recreation and the Municipal Court Departments have funds for each lease programmed into their respective FY2012 operating budgets. Each contract has a clause subjecting rental adjustments based on the Consumer Price Index on the 1st day of January of each year of the lease. This increase has also been programmed into the FY2012 operating budgets. RECOMMENDATION: Staff recommends city council approves motions as presented. LIST OF SUPPORTING DOCUMENTS: (E.g. contract, resolution, ordinance, bid tab, location map) Extension Agreements and Leases Approvals: Lisa Aguilar, 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 Margie C. Rose; Assistant City Manager —4.4;. STATE OF TEXAS } COUNTY OF NUECES ) OFFICE LEASE EXTENSION AGREEMENT 1. PARTIES: That on this 27th day of September, 2011, this Lease extension made between Wilson Plaza Associates L. P. Corpus Christi, Texas, as Landlord, and City of Corpus Christi Tenant. Landlord leases to Tenant and Tenant leases from Landlord, upon the terms and conditions herein and those set forth in the previous Lease agreement dated March 3. 2010, unless otherwise agreed herein, the demised premises described below. A copy of the original, March 3 2010 lease agreement is available in the managers office, address below. 2. DEMISED PREMISES: The demised premises and building in which the premises are located, are described as follows: Building Name: Wilson Plaza Suite No. 105 Building street address, city, county,.state: 606 N. Carancahua, Cornus Christi, Nueces, Texas. Net rentable square footage of 4.802 as defined by BOMA standards of measurements. ears firm commencing on December 1 2011. and ending November 30 20 . i 4. RENTS: Rent shall be4 86�. 02.00 per month, payable in advance, on the first of each month at Landlord's office, if any, in the above building; otherwise, at such other address in said county as may be subsequently furnished by Landlord for such purposes, 900 Wilson Plaza West. Co us Christi Texas 78401-0669. Rent received after the first shall be deemed as } tie event any rent payable pursuant to this Agreement is not timely paid and re UNPa or a period of ten (10) days after payment would otherwise be due, then a late payment charge shall be due and payable upon demand of Landlord in an amount equal to fifteen percent (15%) times the amount unpaid for each partial or full calendar month during which such rent remains unpaid. This charge shall be in addition to all other remedies provided for by the previous lease agreement. 5. USE: Tenant. shall qso the premises for the following purpose and no other (nature of Tenant's business)' regi a Assessment Center JAC 6. TENANT BROKER: In"the event Tenant employs a broker to negotiate future Lease transactions, whether expansions or renewals, the fee charged by the Tenant's Broker shall be paid by the Tenant and not included in the new Lease. i i -45- EXECUTED this the day of , 20 Wilson Plaza Associates, L.P. Landlord: Tenant; Focus Investment Co. L.L. General Partner By Herman A. Parker Date: Date: s —46— EXHIBIT"A" LEGAL DESCRIPTION Situated in the County of Nueces, State of Texas, to-wit: TRACT: Lot No. One (1), Two (2), Three (3), Four (4), Five (5) and Six (6) in Nixon Re-plat of the Lots No. Five (5), Six (6), Seven (7), and Eight (8), Block Three (3), BLUFF PORTION of the City of Corpus Christi, Nueces County, Texas, according to the map or plat thereof, recorded on Volume 4, Page 18, Map Records, Nueces County, Texas. TRACT II: Lots (2), in Block Three (3), Four (4), Nine (9), Ten (10), Eleven (11) and.Twelve (12), in Block Three (3), of the BLUFF. PORTION of the City of Corpus Christi, Texas, as shown by the map or plat thereof, recorded in Volume A, Page 3, Map Records, Nueces County, Texas. TRACT III: Being a part of the BLUFF PORTION of the City of Corpus Christi, Texas as shown on the map or plat of said city, recorded in Volume A. Page 3, Map Records, Nueces County, Texas and being more particularly described by Metes and bounds as follows: BEGINNING at a drill hole, .in a concrete retaining wall, in the east boundary line of North Carancahua Street, the southwest comer of Block 3, BLUFF PORTION of the City of Corpus Christi, Texas and southwest corner of the R. M. Kleberg Tract, for the northwest comer of this survey; boundary line of said Kleberg Tract, and with the general course of an old board fence, 301.76 feet to a one inch iron pipe in the-west boundary line of North Broadway, the Southeast corner of said Block 3, the northeast corner of said Kleberg Tract, for the Northeast comer of this survey; i THENCE south 1 degree 00' West with the said West boundary of North Broadway, and east boundary line of said Kleberg Tract, 50 feet to a one inch iron pipe for the Southeast corner of this Survey; THENCE North 88 degrees 31'20" West parallel with said south boundary line of Block 3, and north boundary line of said Kleberg Tract, 301.84 feet to a drill hole in a concrete retaining wall in said east boundary line of North Carancahua Street, and west boundary line of said Kleberg Tract, for the ' southwest corner of this survey; THENCE North 1 degree 05'20" East with said east boundary line of North Carancahua Street and west boundary line of said Kleberg Tract, 50 feet to the PLACE OF BEGINNING and being the same { land as described in a certain deed dated May 5, 1930, from R. M. Kleberg, and wife, Mamie S. 1 Kleberg to D. K. Martin, Trustee, which is recorded in Volume 194 page 138-139, Deed Records, Nueces County, Texas. i i a EXHIBIT "B'° FLOOR PLANS F 3 i #105 g JAC i IT EXHIBIT "C" LANDLORDS'S IMPROWENTS Tenant accepts the demised premises in "As is" condition i 1 I EXHIBIT "D" RENEWAL OPTION At the end of the original lease term, November 30, 2013, Tenant shall have the right to renew this lease for a period of three (3) one (1) year periods, provided that Tenant delivers to Landlord written notice of Tenant's intent to renew at least 120 days prior to the end of the lease term. However, Tenant shall not have such right of renewal if Tenant is in default as defined elsewhere in this Lease either at the time of such notice of renewal or at the end of the lease term. The terms of this lease during such renewal term shall continue, including rent adjustments as defined elsewhere in this Lease. 1 i � T "F TEXA ; NOI f ALL M0 BY T'#iES . .9E$EII � �( T ©F tIUILU } Mas. cl :Tt t'oR'thi d`'da . . ­RDI': lilsr� Pl�z� ti ac�atc s L:' ]q ., NIS �'EfAl�1T #� .err in eorlsrdertijar ,off:the:s6,T ! CLI,At �.( 'IQy an :: tie Obd '- d valuable consf�leratio end the nai�t�tal coydnatil d agreerh0n.s hereIh-Co .d; e receipt, and sufficiency ofi whdh ls:hpre by expressly acltnhwldgetl, andlonrl #�ereby leases, demises and:fete.:au to Tenant, end Tenant.herehy a. .M the 4e,mis d:Premises to.have ani t . hold fdr the leas. fart m ar!d upon the terms encs cci idtttors here�nafte�ataf .d and agread tc,t _wIt EFt : !'.:NS: ' fine ahowin' iii#lon n R.....- 141..0 AI ) BASK �1 11tS.I.a S:;:.. f 1 g,e . s a d.,basi provtp1ph sf�alE be anstrta d iri•torlor ct+on With ah.. iffi tad by the ref rercce ref �n ot#�e� rflvisiaras f t1�s 1 .6dib hlblt attached;t ec f ci, - a� "LendiordVilazaAs'. at� c " 1ddes '' Y „ Id Less" fit ,�nnarr� S iitP# D5 : rt3E t tlrl tl:T . . 401 {c} "DemiSad I re ise " Ap roxirinet�iY net ren api sou i #eet � ` tha W-iso Plaza an :ac�ditigriel.;:the -tarty, of Carpus Clltsti, .I uedsownty, Texas: Asea :Ehibif -''1���::.Legal : ' D1b. Icon address al such .premises beiii shi urn end outlined ate attached xh1k��t" } P � 9 d :Leas { ) e Term A p riQd,of`sa anfi�i�ra r� � rr Qrrtk s cctn rnenc� n . and er'dm s5n�hesl�, 1, (e "Banc.Recital"z total sum of= t ami 'T � �x H� nd ..T �rt ps€yabte Ot 0son P(a a, Ola N; Car'aneaE�ua, 9U.0, Co pus Chrrsta, 'faeces County, Texas, in rnhnthly installments b# $ ! ,n avanCe, d�rin the.lease term `Them "If lie a Q eharg o any checks eta nci fnr �n Mid.16'ht:fut�ds,.�1n.Y-. Pon &-.Mete f iayr a is' y the pity are.`g ar�err ed by he Texas ave t .rraer t CQde Vit? "Prepaid Rental'" 4:80 .ba representing ,paymr#t t�#:rent[ftir the.frst month iof the lease' term: qhil ecurr y Depose#`':$tie Security I epos�t is on file and-none is re tr re {hi} Trate Narr " and "Permuted_Use" :I +, l 'i� ss�ss nfi:ri;tPr: o 3 i T;AI[DLQRb% SERVICES TC]TENANT ar�Elortal service severs days a 1tue�k & 9430 m 8 Trash and garbage c#aspoeal C 1?rovde ar�egi�ate restroat fac�lies'and rriairztarra;and keep such 01 Met sent#ary and In rperating dondrt�on provirng sitffcJnt stjppl3es {s+,ep; trlel tissue,towels and dRsanfectnt D tillairttain; cle rl ano:lCe> l : 11 ntratnceways, k ails ar10 h0!lwa IS free of:unnecass r obsttuctiona an- -well lit l iglitirig fixtures shall be main#a�r3ed, tndi dirtg the r6platemarlt pl fltroresc�rit nab s of. groper i�attage ; Mairatalr and dee good' epair: heaof aid exte ivr of t e b+ i g tri which the d. h Id amine premtse5 are IQ eted acid to maintain-qh1 1-kgep h good rspa�r li side v�CalkPi,walk►ruays, parking areas, pnvate streats, ro ds "'d alleys that are -part cif the devplo meta Elecir�c i ,wa#sr arld eaWgr = I�ajlure tai any ext4nt to furnish or=any stoppage of.these defiged serv�ees, arfrom any.cause, shah[ rrot ander Landlord Dale .� ' `,fe5peot ;for datrls #o a�thet person nc property, dor lie donstr etl as a e�ritr#�� . of Tenant ter an abatemen of rent, nvr rob e-Tenant Barn fu`lf l merit of :.. :: y ot�vnent er agreet` erti hereo# Lars lard,,-.wl eo respansifle, shell Daae reass�nableiiligenco eirstate any termma#ed ser�rcres:lister[aau ;prvmtly, # t Ter�anf shall Dave zit clairr�vuetceve ; 1 L: . for° rebaite of .r r t or~ damages .On account :of ar y �r#te r ptkpns in eru�ee occasip ed thereby ' JIOP6 1,�GMA� 1d t ] - 1 � enar� — tt�l agreertert#St pavenants,rules etid reg�rlatii�ris ereeii°�oantItrl-:anc#agreed to by Tanant AAY. MLN.TS Tenant will pay all rohts and sums pfi4tirlcl tp be paid by Tenan# ftereunaier at the tErnes ahs in the rr� nner :providetl The obl�gattan of Tenant #o day rent is an miependent. ae�ranaht:and no act'cr:circumstance wt�alsoeverF ha ar sucl :act dr cira mstan, a cdt stitu a a. breach o covenant by t.ar�t fdrd or not,;shall elaase-"forre t ofthe obtigatlOn to pay °:xcept e;(pressly provrtled iieraln;.. CCNSTRUITI >1l:::tF JIVtPRt311EAIlENT$t Landlprd al3.ailf:.`:Cued '#o .aojs#'ruc e p t tl3 . l mised L reMises.:in -compliance with the leson�tEr�n of tha,Landlord's v+rQrl� irj"l=xf�i�iit ''e";attached hereto and cons#rrrc#the �mprovemagts tri accordance with the oflnstruction plan, apgroaed bX bo#h parties ., and attachad hereto as Ex}iib�t ►'Q". Any differendes betteenth�b�#; acidxlt�k �t DJh�f �t ".0"'will.govern. PC]SSESSl�t1.. :The parfies. hereto antiorpate that the teasel p.rem�s s waif be ready fcr Tenar is t�cciapartcy on 05 n1�: .tf the leased pr rr��ses:are ria# ready fcr: ecLtpaney:pn ;,: #her; the ccm e:nearhan# ofthIS Iease:shall ate.;extended-..until the leased premises are.,ready`Nr.- Ten n� ' ocdupancy . which t�me:the aVbnts cLaI[ed for herein shall begrn if the laased.pier .lses are. not,ready fc�r Tench#`s aodu} ancy n or befpre. ,end s�d1� delay iS nat dtie to default of Tenant; then Tenant sha.Il lave the ;right #oedlare tF�is tease caricaled: If Tenant selects .to exprcEse:its right of terminator, Tench# slt l(:t.vt;=:Have cr y claim against rLdJor for t raaah.of corntract,, lamas ar:otherwise,Arad T+enant's Andy remedy shape aancellatior� of this ieaea P.it�r to acercisin thts optlar tv tei m�nate#hEs lease; Tenant shall give,Landlcrti fist day$ atfce in yur�t�ng an advance of E#; rotentron tw exercRse such opttdn If tf3e leased premises late ready For.Tenat's occupa* prier.to the and of sold l R.clays-psrio , tic before notice vl cancellattpr� is actually i received by tattdiort , then #his ipase.shad trot be` a e 1.. . r ne, 1ed..bthai1 renin rn Bill foreo and effr;et,. 1 #f pos essaor ,is:takerg:Ppr[�orta cemmen -i nfn8rit'date, thoh the teht shall tie pia ra`tect .::..EARIrA 71�a. torrr�. i of R nt ble I r a NRA} as ,sed herein ;shall re#er to aal float ansa wi#hin the tnsrcie srarfar of the exterior +s[II enclosing tl�e portrorr of the ea "'d pramisrrs; and measrarrd tv the mid point of the wells sepsiait�g;aras Jasai� y or field far lase #o;athr., #enacts car fivtn areas deviated�,to car'rrtlQrs', elevator fa-Ors, restraams, rr�chaiical reams,jar#rt0r closet; building stirs, .arid tithe rmt[ar fa ii�ties:;#or< use-i: f. a l rants of h b tl ia"": hiss ir�efter oalled T,d,trrr ori Area" , 9 o ) t3rrt rr� lurdrilg a prporl�dnate portion,of tle:: omir�on area#altarg)al to: /a of th leaned premises stfuare Footage exciudir such ComrXran Area all�caticn N6. cte�u 'iorie fMrn NRA r { -.;r a t~rna e::fc�r eolumt�s:or prod G%tiai s n�ecesssr #t3 the k�u�lA` CQMNlf3NIRErg AiIA,If�l"EN, Nt��+ 7'hevmmon�1rea.rs the park oi'the office bitiiditi .,designa#ed b t,ah Ord fro . : m:° . y, time_to.trr a:for the:eoniimon: s ta. e��Qf::°a!l tErians.:i bl�r� - _.. ..: . ...... . _ . t ,. .►1..,._dmg arilgng:other fecrlrties:. �. idev►ialks, iaridsr pmg car s, ): Odin arab, privates nest ar d fle s, l h�ttn .facilities.•h I via. s. .. g . , .:_ j. Y f restroarns and gtl� r areas ate improvements provrdd 'by .anclnrtl ft7r the comrricn u;a :of SII j Tenari s, all of uvhich sl; ll Dirt -stabled to L�arAdlord's qle rnana9errien aid oor,rdl aril shall be iRe star l;end rt�arntained in such a m n r as Lendfbrdti�.iridracreti r�, aA.ll;deterrnirae Lan ord' reservies the rigftQ:ohae#om.trfie:to#irri t# 0:tliirnstons:: :: i' 1oc a d a#fond of 0oriier Arass antl to canstrtot a �itional buildirrg ..::end:t eiirrilr # = ilrlr' sfro. :th �. la F . tr1 p n as-shad :r t Extirblt ' enar�t and ars em ees. subti;nants` lice atip P: y not sal�cit business oris`fa merchandise virithan #!�e OornCnan Area, cr dtstriiute=han� tlis tiiereir�, yr tape any aption� whrct� vrrould:inrfere with the';rrglita;of the paa5ot�s to tJse the trammor€Area 1 . WifhQut:the prate written �car�sentt Laridlard.:'Landliard marydeem it tieeessaryto jreverit from ob#arnin91 piescnpttve rights to.inalte repair=s�i-alteratis�tas,: REP1kfRNl RE: NT} Y. ` narit v�rrll at Tnaht's Davit oQst ar�d eXpertse, repair or replace:any damago°ar injury done to :buriditgr any part fhereof kty.7'ar?ant, tBr ant."5 agelts;,: mpioyees, arrViteer=3nd tf,Tenarr feels to mare s ch::'repairg.ar re�iaoerrae�its.=prom #ly, o W,It _ti: e: n .. 0 .( � .. days re '.o dcaarrEr� ,:Lardicrd may at`its s�ptioa, make such repairs or repladerrer}ts, and Tenant shl! TQpa�r the cost there. to f>arrdlord ranieriian� 7"ehant will not +�ommrt ar allow an 'water _ damege tq be.corti mi ed oftahy,portion of tfie Den�isei .-Premises, acid sf call, at telmEnatron bf.'his . lease,bjr lapse flf trine or'otherwise deliver up...said prerfsas to Lalydfard its a5 gird Gortdrtiah as at the date of pa;;se �an, oroinar�t wear and:tear excepted, and upon terrnir�a#Eon of thr5 lease, Landlord shat:haue.the right tQf eh or an¢;resOm"e possessrQri of#he:bi utdd.Preh3tses �BSiGNM.EN�'�UBLETTtNO AL`TeWI.ONS AUDITIONS IMP 'OWEM NTS, Tenant: shell :no# a sign pr rn aray tt~arrner transfer"this.,lease dr any estate or i tete; t.then iii braliow.same#o ba: assrgnect by-opera.t�ans of laW ar;Qtherwise, r sul,l 4 the-: pmi0d ftfh ses or anjr-peroof, or rase cr Pbrmit same to be dsoi� for ar#y�pt�rpae Other than stated in#fre rise clause hereof, w�tfiai�t written consent afi Landlord Ter� nt shall riot make or alicw toe msie ani'alterations or physical addrtrans in or:to the De�rirsed Premises wrthotrt the writtenanssnt of Landlord bsfore rrrak�ng suohIti~ratiorts tor,"physical additions and such ctrseri#:rilay nbt be .nreasonably wttlheld SucFi. alteratrcrrs, physical addrfipns, oi:improvements h6h •made fe the Demised Prerriises by T runt; shah at once:.became` the property' of Landlord .arid °shall:ke ;aurrendeced to Larilotd aipon to rrrinat:0 ih any manner.of title:leaso this ciausir hall.not apply to rri�ovable fixtures or firrnitut`e of —53- - . ., . . :.: % :t: Tenant Tenant can remove fixtures p acW .in the (eased pr mases Solely`by Tenon# sp long:as reova :dries nbI damage aha leased 'premises dr- r' it less tenable, in trardlord's optriion..,`; ::,; Tenon#oannot remava carpet or wail csvenr�g; ... . Ti �INT 115lAlwCE It.2%s exprEsslndersts�oe $nd agreed by the partres that Tenrlt is a calf ` :. . lnsi�ir. Texas;harrie rule miJnlc palrty;and vuiil self lnsdret. ttsclf against"al.l ctarrnsI., demands or actVia arlsrng clli.ut o.or ire 66hhection�riiith the;Ter�ant's ijs of accupar cy of%the eem�sa .premi lws. l�po%n cegye %fthebjhdlari-,7�nant wall pr,o.uide proper`pro1. "a.lt insurance for;tha lease tisrrn :::..' :-.. ' USE 1fICLA !� 5: '' .,.Q.:: :: -. E : G ,.. . .+v ..ar.t:iluill not:oc` i` :use or :'a ' , .. .. N.. .. NSUR�i�[ 14....Q . ...fes.. -L' n p_.py... _.,.; pernnit .. - i rtic n 'l they flem�' d.P emjses . be %occ lad :''' used Bor n ::t .usirx ss r u' .os rr�rhich: s':. . :. :. ..p :.. :.,: Y : p.:,!p.....,e,.: :.. :.- , ::: ...,. .. .. uM'AWfOl `iri part o, ir7 ,' a nr deemed:f[ b dlsrep rtable n arty manner, or xti..' l a azdc�us on . :: �aco#rnt:of ire; har p�ermrt:anythf rig,tQ: be dome 7rvY�tch r�vrll m atly uuay increase :the date �f fiire insurance cri the bUildin of its intents, and'in t ir.e event that by r+ri scan of acts-bf Tenantt., ther1.e shill be art�ncrase m t7ea#e of rnsrance ori fu�laltn tit itsbtytets created: y Tenant's Octs or i cni�luct cf business,than tenant her by a rei.S t4 pay such increase . ,.' .. ;.. .. ,...:'. :.... . :....,:. r. S AN%"': Lt.. DMAMAG. -V' ' 8, ,den nt a g ee t a 'ts us :arid o e S ....p TEI�- T IMOD RTS(.•. � :g�,... .�...�. t.� a c �pancy flfi the leased l- emises end suph._ether porti. .'h of Yui; ❑fflca Bl ilding as�t �s authQri ed to use t i de t e,. .: ' . terms of.this :lees. s�iall be wholly and-'At:-- tl`llb' n fist L;andfbid shall`have::.no tra�irlity:#fir loss ar da __e to the fixtures ter the ner bn t irk - Tin �, :. ocd rung by a; oto.o€ theft, vandalism, fire flr other easua,,Y er the' bursting} stopping of leaking wader, gds sewer pipes or'.-o#herwise::r�or for input, or heath to any PP s,i, unless su is IQ" oat age injury-or death is caused:try tfi�e negligent actor amissr�}0.of Lar�dlard ., L; 'EMN NR iTY`:.'LiA..I •:... G . I akln o es ..-. -.:... . 8 �.iTY..SND l�fi�SS rR'"CI' MA. .Vit. t. ss sln of fhe DemrSed . :; t'riixiises, Tenrit acceptsr. same_as suitably for the ptirpcse.for wiitl ;.samrr,are leased end r. ae .pts the .M.-H g ai d each:and every appUi mance Yhereof,ai d Tanari# oy said act WaNes eryy Grit all visible ct feets`as well as defedts khat are asrirrtainable by ttie'exerci a of true d�I�geneer.' To the.eiX:_ L ellouved under Texas law, Tenant agrees that;if the Landlord is made:a pg., tt� an.y [rtrg itiran.:, against Tenant relating.-to pt•oportjr loss or inju ' v�n�,h ;occtarr.bd oh the Dernrsed Premises during the term of this LeaseI.,% and such property lose§or n�ur} is,nb s;a�ised in livhota Qr us pert;by iAeglrgont ae# or otntsslon at..Laradlcrd, thbri enant 9 ail,F lip6n tecerpt;of f�asorral le ° _ .... .. ...... : .. notice regarding ec - mence xterit t'fi i atri,ri, hr�ld l:art�ilnrd harmless grid pay all ei�sts,iYxpen1.se, " ., - .. 1. Land reasariab]e.attorney feas DAMp►CY LAl 5E if the Cie' ised premises of the burfiirr�g ire whic i the Demised pretriises ire located shall he:damaged ky eny meartis Or cause whatsoever except as stipulatetl cinder section for:'`Teraart Repvnsibtlrtrea,'; not causi;cl or crjntrrbut+ d to lay fhe negligencer fault iaf Tenant, its empr.loyees, iyarvantsr'_agents, inviter~ t5r.:Vlsitors, and rf raparr sof said ;darnag`e_Oarr::be reasonably : . — ' expected fp.ee su 'staritaap om iete :vvit . :" ' ro :- D ` y I :.:.. d. h ri a pe a d of,th�rr(3. )day; by i�s�g standard w�ri�ing methvc s sR.,, p�Q fres:.L t�,.,.0 �i§h'dl wif1.101 .-te s r abl '.firane:ai er. c `ur a f.. a e,,` ::,: _ .::.:....:....: t-.... .:.,... . o laid dam g :eh�r`:��d::t�a a:.r peg end;.#h�s lea_se si ali o#_ a a�Fe t d:: t,§hall dbht1h1U'd in gulf lora anc ... r. .....:, ct. H4weuer .if say d d. .arxa 'e ca rio ::be er` a"r ;°:.:,.: ... :.. ,:. ,_ ,.►::...:..... :: . ... ..p a wEtiTi:;a: iro 'if:: fifty 3 kin da"sl ' 1 .. ..ct ' vat g Y .y using, ' u #grid 'Mr Aird, o ict ,: .,.::. g. e#hds aria ' rec#t�re = .tfr�=tfzis aj.sa';. 'iii# c"ase..: . p 11-Ll h Arad texrnin:...a +of the dat, of # :,:act�rr. nceF arab "ferlarit aY�aif pay rent fiereilr�der#o such da# arrd ;tmm�distely 4 ` surr,rai er th, I e ilsed.':,.`Premi e: '::,t. t.ari lord '. I# t and]o to totes the% Da %se Preus s; l an cord w. all vu r a reasonable pgrjod of#ime eater:arjd::Fnal.ke rapaira and this:tease-:shaft i7,ot e a#feeti-d e . " t at t r�#%s h eunaer4shali ba reduced oi'abated wlaiie such teopfrs are: ,djllg msde. :dor the �oriod of time ar d::in fhe rd ortior thL.at the ;b raised Prarr;i s afire.;Vin,t rianta e:- :ti p l �ve►rar, ct�ah tia Cage 1- contfibuted to �y �r . e' .w fr�ta� =tF e'---f6'Q sir r)e0iig�ano , of Ter�antA Teriant'e rap�aY.p, ager�ts,:,setvai #s, invitee ar vi ifdi` , sudh damage hall be:re a rad.t att .'at: P:......., . .: : e eXpense t . ` epaq., qq,,e tie ooritroi, directs eri -.,sup( rv�s�a ::af La dldrd aid:#fie rent s#� ll % ? }.. aontihue v�ltriotit ebatemant or reduction .;Te corri%ptiori flf #h, r",pairs of alb sUefi;%damage i9.. . SU .e t_t' reasonable delays reinting ,rpm survey Qf such demsige, Qbtaining plans rrd eftia"g .1 t- ' s '!r. ,"eir atlj IStm n#s of ansuranr ;;;.tr'jkes, labor liftiaul#ies, tar�evailabii� of riat rims or; other:d7uses;beyonr :tF�e:dontrol;of the:par#y o$Pg`a.. d tQ.make.sash repairs, . .:":UBROGAT#O i.. .ar I.dfMrd and T6h-6ht a tae.nd e V6hdnt kbit- iaith�r.s#iali be:,ll4ble td the oth rJ. - - % 4 - - 1. for toss arising auto da iage to er d sttuGtiori Qf the l amis,d Pre%rnEses or cc�riterits ti-%-Mo iNhen such #oss is caused b an nils incl d t� P11SiPd- gP_ ins+ ranee ppi[ny This reern01. shalt he btn itrig when. V�.t not such damage:br-,.-,t #inra be . r. caus,d1: ni gl%gei ce bf eithtet party ter.Theis agents, employees orv�sitors `. . i�AWS AN[ R �ULAT.ONS Tenant:will matritarn the f]erri sed I'�r�misi;��n a dean ai d hq. ..ft�l . cdn%dif[Qr and. reply w�tti all. avirs, orcliriar% ces, rules and regulat{ons (S#ste, Fedarl,: Mr�riiigai, > r d., vtiier agehtc;es .fir.:;#Ddlips - avir%�`�urisd:otio i they+ t�f) with referer�ca #o ase, et�n iticns -or:' i ticQupar�cy'ofr ,Q Demisec� '.rerriise%s i I tUL ii Tenjnt ahs Tenarits,e a is_employees and ir>;�ritoe rurll 0%ornply full w�tl all ragairemnr�ts. } _ .. .. .. and totes of I<ne buiidin , as set forth m F eel it'-E►';hereof L.' d"rd s�ia l:at ll.#imps lZeve the right. t6L_%% Ar L.ge s�iph reales and.regulatlops:or to" '"'' d'ti erre i. .swish .Masonable manner'as may be aeeme adui able tsar safi~fyr care and clearilmQss. of prOM of and%vr Press atior3 of and:flrdef` therein,:_aii Qf whic#� rotas'an1. d rglaions, `chanes, arri, dments wtll 5e forvuarded to Tenant in' writing . ENT 1i'.�Ql ��PAIRS , NQ I SPI" TiON� Ter anf wail,permit i ar,diord yr owner or,their officers, =- agei ts,and represeritetivea pght to ,titer to#a and. upon any and ail pests of the aernisod Premises at.:al! teasoi abie 1?fl�ars to ins pest acme s oCear et i a.eje.pairo, alt �atior% or additions::as r. L indlortl trtay, , ''rn rioses.'sary and Tenant.shill nQt be.i?ntitla tR tiny b.bter�60:jpl'or`rediaGticn in resit byreesv'.'theteof Nail; pi{11C . Tenant will cvndugt its business and Gont. . its agents, employees acid invitee in such a°manner as not tv creake:a nu sanbe, �memre with, onn aI.r'disture other tenants er1. :Land1.iQ1. in. ' I the-T.managarnent Qf:tle puldirig:. . . . q. . . . - - . I . . -55- . C,+ON..... EN NA.-':IONA'--'.Sh*oul the�Q�emis�d::P.r, mis,es°�er# 't3 if e'ta n 'r cots rri a of ::.:. h r 4?,,d, 9.:.._ he Q.., d n d In wf� e partflr public`:iaurposes, then lh terXri4f:t{�is mase shall, at tl�e option of the, l.antlli�rd, fotthwath;terrriiriv-0tfie entira- wrdt"am s�0ch:.tal +tag ar>d Tenant shsli lave no cl�ifra 1•#OLD1.1+� 011ERt. !n case;of hvld'ir ;i verb ::� nor tL�afta_r #:ratiQrt Qr termlriati+ r+ of tl is Iease t3r- af-.ai r re a ruai�c�r a ctehsiQn' her' ©f, Tei r t wtfl MIA_'.'liquidil ami1ges dpIb16 r6h for,:tlle..::,•'. :. eitlre hp)dover:pea anal e wilt=pad all afitorne fi;s: rtd e�tpenses incurred , i_and.faxd in erfltirt Y 9 its.rights.:hareunder No loldtng: `Aver by. Tenant after;#1te teen of #Ms lease as:such:rxiay.:be '.: renewal:ar etied:r~t#hr`vari# =:or Wrthotrt consent anti Oaiaspence, tfLardlord;,shall terste tp fiend thts le 'se fpr:a lQ ei rand tl•ian orie 9 rnQntfi unless a 1pidQvar remer :�n wt . Tenant's mon#hly rent elroal! a increased,'!?y 111:2th bf the Tenant's prat,.,.. - share of Su6' . . increases m expanses Tenant's prorated shade shalle,:de#crmined ay t.yidii 7erriik's rJat: �rer#ante space bar the a#e! rfet rerta +le space an thO. bdldi_ng lr the.e-t ,-.iii t s-,C arw-. Increase is due i�ndehis lease, Landlord may nq#�fiy Tenari#iri.evr'Itrng of;erry such �rtcrease ir] the rfiertthiy rer�k,-,vr h .. will:.#pert k ecorrl` :. tf: #eve fvr tC� .rnpntl�s of,laniary#1 rdu h end includ rig DE;cember �fi the ap%pl�cablc c �e�'i - year : In #lie .evei"t Landlord fails #or a y: Feasah #o nv#ify"f�nant of tne-rnoreese' or Ef such increase is npt Cleterrdihed �rntEl after the "lit d r caf 3anuar3i of h eff�ctive'ea a� r y, ar, sucli:WjI dot abate fl' WVO t#a bdditior al' re7.ntak:sums:glue L�n1©rd ertderaant sFiall pay ail>: €icl� sums upr� demand Tf terfI. t j "cariareaN'.:..a irlsed.::leeiln mans for theerr�onths ofanuary threugf�..aid �rielud�ng` ..pecerberf the yea�'affected.by the iricrase.::': By Jogyof are ex 'pi # lyy �f e:lease is :ffI . . I :I L.Oa.- ..' 1, 1093 them ori AthU ry'1,-j , the: . munfihly regi at -r #e shall be iri. r a ed based u0Qt� ewe of the meths ' described,. the �nr�stfr or l rice 1 ndck`-:mgthoc 4r the Actual Expense I[icreese metfi,od)fiar th calendar year:1.994 ; . ' NA ' 113E AUL' Ak a REIVIEl3i .$;. T#�e..fallpwtri9 events shall be.demmad #a bs events pf: - l]efautt by Tenantndor Chas lease ) ar3t shell`fail#t .pay any st stallm. c1P rent-ere underai.nd such f.I We shall co trrit�e for ' a per%iod of ten (1(l)days ( l Save ens3 exceet far n7onthl� c y t of r n#,- L... i varar� �n ��� � � Tenant shat!`feil to ootnply watt any.#arm; rovisibn �r cc�venanf pf this #ease, -an s#ail ndt cure such failur 'iiit�tha #hlrky 0. days, a Ee �n►r!#ten notEce thereof#o Tenant,`ar i#T r art shall no# Have preceedei with el! dui dil�genc to cure swcla..faI Te an such �.,manne ih such failure 'is cured CO �any� even# wjthin .;rnnety X90):.mays, :after iNrr#ten Ino#ice thereof to Tenant , .. . % ;� Tenant ar gu�arWor t f Tenant's enll atit�ns ur�dei this Lease shall became tnsQlYent or..shalt make a #r'anster in - r. off .creialrtors, 6r shall. rrlake ran esSrgnrrmertt :for the . dfit Qf :.. . n. dredatois ,: 4) Tian# or ary guarantbr":.pf Tenon#' :obligations.under:#his (ease shatl fle a p�.t4#ion under an�r sec#ron or cCiep �r x�t_the f�at�orrai Bankfuptcy ►ct, as srnended,:or under ariy s�mila? taw�. . , o statute of:the tlnfteu-States :or arty Mate thereot, er tenant fir'ai r -ara�nter of Terjsrit"s obligat�orts under t_JS lease ,.% A receiver ef,Trus ee shall baa po rued far tFze Dear:sad"l remises-or far dll o-:§ubSta061Cy '. r".of Itis assets of..0.nant or any guarantor:'of Tenant's-cl lig@' .1- a to der this lease (s.): . :.Te ai.m`shaIC tteser#' vacate`en� u star�tial po iori of the�rerhises. . 7) Tenant'shalf dc�cid parr tt..to be;dohe.a ,.y. igy which dreates a:leen upon the prem tses : Upen the occurrence.0 a`ny such evertts: of default, f ar dlord`.shell.have the o Linn to.pursue any ' ci s .. .more:`of 1.the fcllbwing :descnl ed remedies,..iri .ed�#ifit n to 'all other rights ai�d rem tidies:: povEde a#!airy or x equ.ty, witfiout any notceC=deriand whatsoever_ ( ) landlord may.tleclare #hid leash terr�iinate by giving rZrt�ce.to Tenant off Lar�diod's elck�s�rti .. t, ter" r%ts.:the Pease:and #neret y relievrng Landlord and Tenant frs in further Liability.: - hereunder {B Landlord may terrpinate this Lease gree,r eht arid the terms.created thereby ar d n tf wlth 7: � . . . . . . .: < - - .: .. re ` I bu "roc:e f-14 `:`°:' real:: a1.iG:,er on s ar . 1. pr�ssess the`Qe!?:IiS C i-brh.1.s,5, ith ?r prat_:,.. t.p.. . 0s_::p , .n,. v: ., a.- ,.. :_ prof J, from;#ire Qerrii d :i=?YeMases iii►i- -" beim deeraied a lty of tresp... -.1ag ar a�trthaut pra�udic to ar;y other i-eme y. .. _... .rd fob such defat�it u�o� such terniif�atian i_an lord =shaCi he: hitt d #o Teccve1.r;as lama s a ;auto of ml�ne . equal'tv that't+�tal (�a the colt taf �rebbrrer h ft-`Q rna'ed I�, rr isas, aE) the ur�pa�d Sent r5 rued at..t a:tirhe of termfrla#i rr,: llaa interest tho'rieora at the mp timum,_I utirfi..`.rate::pei: r%ra:ur'r3:>firom ttt due date,`(ia�) tj�-e gree t .. ., ....:.. .: .. ya1r =Q .tb ,balanpe ofi tine rerY afs due for:the re'Winder of-tie`#ea teen, plus interest , . . t,erEon `et t#%ae:ma�nm�ro lawfa l rate, and �►r ot[ti r ii�s of Maar et' and daroagie owed bq TrKnanfi o the Lantllr�r., �: Che l�arjdlord ma4.y tarm rete th, -t6h,"". . t�g'ht flt c�sse� for - ' not the >tea e) end may o es ' :Q. `ise _.' -1 iblr.e�entry or :t et�iher:.'.suit"rdr�-othefW -r'�-"-WLit�iout rep ss .s::the oraii$e :.P m b. ..... riff a.d-4k6out fer riir} tti i-, Lease `...in ,w ice. derraan t.. f bpt�de:at any. jh. ;`,%W the Ena.:._,.,,_ , L..a .g:;. .S . h euen# the andiord r ay,_ %apt shall be ,unr.der no a�nlaga?at�ofa tb or. t.e.fh.:saiiae forff,' T. a cco,nt ei:.-L T n nt fQ so h:: IetEin tie:l* ntlto d '.Cs authari d, bit root reg ale to decora# br to a ke any.;repairs;,: .l an es;_ alterotio,S or addataorls ora or:to thii e lease%d:- ,. f�i emises that.'tnay ire rieoessary.ar• ppnvenlentt lf�.the Landlord shall fail or refuse.to relet . . the derrxised prernr es, gr,il1. fh tler ised pters3ises are reletan�iA 1.s ifFl..'Odh sura shall nit:be - relizetl:-from ;such felei#irg tb day.;or sa#fSfv theI.i :.total o (i) the east o tecovery ©f.,ane demis1.ed` Oro.r l­111ea .::,()r-:,j� cyst and.:oXp .nscs of su #� decnratic n , ire al r` cl ang s, . alferatioa.LLs'arz or e%odifib, "s,, «r - the-,..u'ri `aids:ten#-gamed..tit tl e t1.�ma of terriirieta+ a7 of ftiI 00000� :.... :: . .. p . �r �rtar�therec�r� ase ma .date, �iv)Aho present, ,, "f the haianaye (af the rentals die for the remainder of the ]wise term,-plu$,interest thereon tt the exarnurxt]awfaal rate, and (v :any Qther surra bf mor�cy rra damages owed b #tie Ten,h to.the Ldaridlard, thon, rh that event, ti Te>�ant sl a[I satisfy and gay:any deficiaracy ,w -h x�sts upbn demand therefore; by Landlord , Thi Ter�ar#t a0rees that the Landivrd°ahoy fale;sui#id recover7. any sums faring due undeC#ha terms o tkr�s 1. eragraph ire d fi ler , or re+,o.ery of any portiar�°:lair:#lie Landlord #ieret�nder$hall b ,any .efense'.to a setisequent ao#ion l�rouc ht'fbr arty meant hat theretofore etluGed to as gement ata favor o- the Land[o.rd nor shall:such ra�lettir�g be construed as. an�fectiufi:arr the par( of tht .i�andl'rd #a #er mate,:this lease, ur[less a wratter4'notice of$ ch.rat hen ion ne:. PIVOfl- -the,Tenant j�.i nn-or. :i�ctw thstan Rog a:ray s ich ralettmg nrltt�out termma lora,`the . lrr�dlord rnacy at a7.ny time thereafter, eleot to terrnrnate ttiiedase far pre�ivis Careach !ra rru even# shall Tena1.nt a erztitlad to.:receive ar:Y;exce$e.0.I any red# obta�..: r�letfy-_ fiver . aria above the'�a r"Rental herein provided tD) The Lancllard rraay take such action requjred #o cure ttie breacFt and bilC T- Irenant for et' experkses innurred l�yy.th.' Land[o.r ;irr: rang Ba ch beach, orad the Tenant slt . he.a3bla�ateti , .:` - _ #o.:pay such hi.[l rrnrne �atel :tapbri';its receipt b Tenant ATTOF�CVEY C=EES if on account:p€ariy breabh or rJefailt by 7anant:in �ts. bligations liereundera' Landlord s#aa. :employ an attorney #, ,.. .r.. or defend ahy,,of Landlord";; J.W h:' or:remedes hareund r, Tenant green, o pair any `.a easci sable atCornay's fees -ourred;by, andlor fn such; cpranection . LATS P�AMENT GAIL Late Payi�a1.ent.phares shall accrue as,aaathdrized`under the Texas �t�ernment -tide, Chapter-: 5�.;. Th1.is chaige s1.hall be iii addition to:aiE otl�.er% reriiedies P,rovided -58 : I' .. 1. . . -.. - fcr hereErt ' .. - ' �UlET QC SSE 51ON . I_ani [ord hereby coveE�arits tf�at �'�:nan#, -upon paying _rent as� 'eroj reservt.ed, and peifr.rrX hg all coven�r�ts and-il g ern ra# herein CorltalEled r n .oaf of 'errant, shall and rt'Eay pesfully.aE� i': ,uie#itau , hold°.andn1dy xhieertitsed F'rrse5 . % :: 1. fi 5�%13�F ? I A►TI�fV; Tenart# hereby:su e�dmates tht5':iease'artd al h ,flf l r.' s TeE' .t�ereundor to .any rrorti age or mortgages,� 'vedor's lien of sEm�iar � #rrer�ts_shll be s °.aeior.tb.aad':`rEor.:ts t.i. p P... ;#his lease Tenar fc�E'ther s;owex�er%rts;arsd' i'' e-Ahet�f any rr��brtga ee�oi`.: thar.fE n tt Idd.:'�: bire tl�e 13amised PreEnrses by foredlosuF;e or 'f an . 4 1 cider,' .er�saii aa �iEres the Demised P:rerlses E�rch sEYr at any aEach aroc10S.." e s lq Zany. tacit mortgagee or Q her{Ee�7 holoer, .porch sor a any auch farecfosure s%af:16.e f eEra� oa%th he%r. �naf er r terred to -as "ThL4 Pu`rc�i�ser at oreci'r dd "�: Ter:art# sl� Eli; herea „. tit ori at the�pti�ah of`tfaErcl�asertoreols�are, a evrderrcect'by the wrr#teri t�catr df:ts electEort giaren Tenant vuEttiEn a reasonable-#ime th rea ar, remwe b. - ° ovat_-:- ..r a# tenn%Ese ta': he same effecf as 1, Pet.w p fd td.ntiiaf leasee,. we r] tfi f EarohaE�E r t. F€�reolesur .as La'. "r'C”-.n �'er�aL, .,.as.:Tei�a t', ha`d.be.":.,.,-'­:,::%`,nt d:.i ita,:l'or., rema % trfde,:_-, .lie : M1 tem, af::#fie:-Ieae:,. in effect Vit..-.ttt�e-`iristfttator�.::oi::t�ie'for. c os� ,e....: ,,:.:::.:: . ;. :::;.'': ....::..;. %;;:,,,,;:;:..:' Ettr .aceedEngs ; Tenanf air S execuie a%%ny,histrt m nt'<;Qr. v..:eor�firr r any_elec on . ct�t�ttrt ae FIs isas n: #Feot in:' a`eirer t ofi. foredlasuL .re,I. above proviEd % :.,: SEYRA131t.lT1�'� 1f arE.:. or,�ngsslle a ! I� lrefarlder .. } eset t er Aof` lavas effecfEue alta.,; .. the berm of;tht;s lease!, then and ih#liar ueht t a the Errfer�tEbri of thrr.partE. here.tl�a#;the �r malatier of this 10 shall hot.bo afFeoted #hereby, and .. .. also the=. a�it :rttron of the pa�Ees to the lease ti�at trt:lieEa t�f eaeli;olaas orivisEbll tf�at°Is Elfagaf, tnalid or` t n Ofcar L . i. . .e, there be:added as P-1.t. this 'lr ase.a;:o[aE,tse ear provEs on as:srrnrl, IE1_tErms,tv. such el L 'L .,.p or pto�+Esror� as r>7ay ba possEble artd:l ai, naiad end en or eabie a e�14apt�ot� za each . paragraph hereof sa ac#di d:=as a r Eet#er of or nveniehCe:;orsly:;ari 'shall br~::eC01 I ed to.lJe df rho effect Err the constr cttQ .a arr--prraarisEon or:prouisrops of-tl1E ' ease::.. . % . . - .- .. .. .:..: :. NlU:,. T N�►NTS if more than ©rae Tenant is named �n tf�Es lease, the IEability[afeach shaCl Vie. 11.% % point and several . :. Mi CELLANE [1 . 1: "enart shah not place,;EEistalii. or operate fn the Derised PremEses or::ire arty+'part of tile: buEidmi�, any engine or maohr.rr}ery, or matin#aEr,-use or keep.arry its fari m i :: xpiosiv or :' :fitazardbus thatenaf nor.'I'llcfo ar y wr rk causing nbtCEaus qr.malEadorous.:fEarrres°:of.any:lcErid :. whatsoever w�#hout prrar rrEr.ttan coE�sep.'Landlord 2; n sEi res, ad erttsdmEart# pr nc tEs�es shall , painted of fixed an oL.r to any windows, or doers, or..otf�er parts of the _:Idfrlg, except of-such color, side arta style; and in sEaeti pier-es as, droved 13y LarSdtbrd .. Feria i# shad rifer:all contractors, con ractons repre.'" ' L'Eves anC `mstallatEon techr�Ecians, rende leg any sE;r lce tb: errant to_�.andlor rtor Loh"+dl6rd`s upL'Loruc ian, appro� l r� por tr©1` before:the prforEnance of any:oontrL. Ictual.service Es dune 7hJs pr©vESEan shall:a Ito tiff pA"' 3Norfc performed in'rho 1.. .... n.g Enolu ing i tstalia#ions.of #ele}ihaE�es, telE~.graph :aquipinerat; . electr pal dOV[pes; .arid fi#L.achErrents `and firrstalkatEbns :of anjr nature affeGtEng.floors,:'iW1s : . weodworl�; #rim, windows, ceiling eq Epment pr py d.P-.r ph.ysEoal portEeris �f:the L uiidErig —59- ..andlord shall not .oOres' onsEble for any•work or for Gontracto r,` coritractor's;;representatives, :. yr nistailatior • techi iciar e: who ::render •any:..serviees for,the Tenant: ari T'enant. shall ;hold andlord harm1eastherefrom•, rrectpry strips shall be furnished upon rroye-�rn, atrcps reg0001.0d.`a. after Landiortl•n it ove-in with a6;0001J60)10:60( e, portion of Tenant's area or'any--other part of.the budding .shall at any time be used:. iccupied as sleeping•quarters or lodging quarters` .:$001000;t01..•ered by ,Building personnel who is the tesporisibrllty of the Tenant will be Larged•at current rates, which are sub ect to'increase, with•a minim•um one.li)1hour Landlord will hot bei.°re ponsrhla for lost r..stolen personal property;, quipment,,4money or !jewelfy.ffom Tenatnt`s area or public jooms regardless ofwhetherssuch loss;:occar.s when, the : area •is locked against entry or not -'1 pians for any, �rnprovements or alterations r ade by Tenant and a ust Ise submitted for L•.aridlord's approval linen completion•of alterations, ''as built" drawing$-$ 41, be tlarnrshed to t_an(iord e4perle l andlpi ... . furnis la u Tenant's' expertise improvements ai °e rant :at>: Tenant' l�t .....- LOCO .. t�lporr at least sixty t0Q) days' •no#ice to Tenant, the Landlord shell ;have Liao right -te relocate.Tet ant within the .building rn ;a: de igr ated,.spaQe which:40.. the -same size: or larger aad of the same quality and style and *jolted tb Tebanis Use $uol� relocation. shall ii.ti imade at Lantllprd's sore expense,; rnctud 6d .necessary reprinting -of Tenant stationer ',.:envelo.es, business canis; iopr signs, ex 6iii6t signage, Viand to re establish the:tntendr as thetrprewous space. etc Rantshall not be 1ncreesed it the relocation; -office s..:66..,,o..alarger Rr location date shall be contained in_:the ::. rein ;tlo 1notice .referred .to .above, Lendiord shall not be habte• #.Q Tenant :Or in.`connection with such :refs cation except for undue delay or :property dam ages ''caused by tandlerd or Landlords errmployees, agents ,pr contractors If and When relocation occurs, the lease shall ::be arriernded•so .. as•, t4 substitute the new space fors the L td,• . N�?T10Ec I�'Vlie .100e: en' cordrtiorrs of this Lea se Agreem. shall be .deemed to have : een Demand is redu d to wining ar t mall, 'retOtn receipt requested, ads Notice r errlar�d: is required or pejriitted Nnxtee ar; Qernand snailtie: whether aetual[y: received ositerl in the Ur rted States N1 to the party► tc' whom direQte ent, suc serves u deI Iresse • • 1j scop Plaza , socratfis P Cerpus Chrrsfr; T' 78476 0— a 3:Ur5Uant tQ the terms and liven or serried to person not,:; when such Notice nr postage (repaid, certified as follow TENANT: The Girt' of Corpus Christi, 01 Leopard st Corpus Chrtstit T :784't0 ttn Director of Municipal Courts :. er':to':ri• egotia le ..Tenant's,: utore: Lease:transactiogas, ker, shall lae pay ::by tea N�4NT IMPROVEMENTS Tenantagrees tp pay, upon Gompletiooof improm veents, to landlord €3,250 00 in o.ne luelp sum See Exliib1t "c 1" Tenant improvement Cost Suri i ary TtE dF ExAS COUN OF,f li<E I rs instrument was acknowledged before mea I.--bY-Rabe4-Eumnter. Printed name of Nota —61—. :ITNESS: D thiS:. CORPUS dEIR1 Steio ars T ay..a mow Aix 000, ify:Secretary Y **RI aha o er #Qr::C :: f. ous`. hkisti : a Texas -home -rule i iir ioi o a Prime ame::f;ata Sittieted in the County of:. ;HI1T.'.��,..:.; AG; DESCRII TI ueees, State cif Teras,::tori � ),1.in:Bli cl Thlee oc 'Three:(3)• , oi•°the �__•_ at:thereof„ recorded-inVoiu ei 9 P. e mapor plat cif said �t , re riled i rad hiving more particularly described.; • even (1'ij"and Twelue (1 ,:.i :Taxan, as shown ;by the _ .. ou risti, Texas, a :.s. E�owr1 oc n , Texas:': risti Texas acrd E,south Nestcorner ot. survey;, Thence South :3$ degrees :- ouno ry lira # id Kleber; . ,6. feet to .a:, o le ......,..:.,§0;:...:.,, nch iron ;pipe in rnner,..100:: >of said Bleck 3, tf a northee Rt I. of the City of Corpus +OW' s A Page 3, .flap hecoi etes an bounds as foiiows er st v ith the south izou race. arra .lith. ,the general -west boundaryhne of ; 'corner o€ said Kleberg Trac NCE South 9 degree QO'Vllast with the seed West boundar "of North 3roadway, and' east: undary line of said Kle•ber•g Tract, 5:6 feet°to a ±ane inch iron pipe. Far the;; outs e•ast corner of thin• ENC•S North 8i degrees 3 boundary line of said I leberg Tract east boundary` line_of North :Caranca the southwest corner of this survey,• est parallel With geld' southboundary line 'Of -131'00k:3, and :north: '" 8 feetto a drill hole irl a 'concrete retainin .wsH iii said a`:5tieat;.and went boundar'slit* of said Kleberg'i-ract, for. • North 1 dearee:`t 5 2fl. East with said Da t:00und:0 ins .of hlr�rth: (arar�cahua Street and west boundarylute<.of geld Kleberg Tract, O6 .foot:to the PEACE OF EGINNING and being. tile. same laird as de cribed in a certain deod:ootod,roay pi 1930, from i•M. i lep, er acrd Mamie S. Kleberg to°:ID 1< Martin, Trustee, whioh itrecorded in''11'olume 194 pagr 1 8-139, Deed Records Nueces County, Texas y. .;:ta Ins all Buil i g: to ar carpet in area'shauiir `: ri xhlbi. L#CITING Bulldirig Standard DFMISIN uidirig`tant arl:: Building Standarc 61406 an TEFRlOI DQ RIOR:oCt ander OLII"1. 31 . e E to eya snail bOtirhishe e::gfass: he as .per building standa 5— W[e : Q .. =_ iliier. EXH1 tMPROV.E Tl MARY RIQAL install/relocate swehes. duptex.butlets copier nutlet where needed d/reloc to °s • ririkler`:h - ads ve s :li fits • 035 0 n a .•ut•mqsan s r•.:.Gating .... Construct: wall fortenant`se • e ation: Install.locks :and' hardware •FLC •O i! Instarl[ uildir e:standard -caract,•as per;dptran:: • • 1S a uot':,me. iJdea:L b& oaf ater'a • 6 6— 1.8;2 O.• :'.. -67- F NAI�IT ANDPROPt The requirements of Tenant• will be attended to only upon app1 Catton at the office cf khe l uila�rlg employe s of Landlord will no# perform °:or do ;�anj hi.ng =:out ice of regular dutpes, unless ruder specia]; orders Prot Landlord`Management Office Tenant will be llowe ad :assess to tlhe b[ lldin betv�reeri 7: f3 am and_ G �l pian Tenant may Iso eriter:the bulldirtg ft r these hours., ing ;tfreiriobby:keysond their office keys ale may xclude, anyon a not'satisfyino-the watchmam:.of his; right to ent r`the building The Landlord will in`no case be flab e for:;daii ages for anyerror with regard to the, admission to or exclu sion from th :buliding of any person , In ease of ;invasion, not, public excitement.or... ther cornmoti ,n, landlord reserves the right• to prevent access ° to the b�iilding :during carltinuenGe cif cern by closing donors or otherwise 1760;-:'000-80,14; entries, .passages, _court, corridors, stairways, elevators and all other ammort areae shall not be obstructed in etiy way; by Tenant; .Eris employ es or agents ox i; ed by ti em for purposes other than fol ingress or egress to ono. from :their respec ive an:f°dti`t� are in the leasee aeavl sila. srtic!es s} all. l b; prescri e: proper Nveight and e carried uF? or tato premises only at such times and in Landlord, and ` .aridlord shall m alI. cases. havethe ppsitipn of any: such safe or heaver -article, Any t`ter-rem.0ytt id t# s €ip e • e t promises; in any way, shag be pard byTenanf Defacing or injuring in any :: •way, in any part•of the building by Tenant, his•agents or servants, shall. be paid by'Tenant No furnjture, `packages, supplies, equipment.or merchandise shall be.received in •the butlding or: carried up or do►i ii elevators,:. except between such : hours :and in such elevators as shall be designated by Larid1ordL No sign,; lxturi, advertisement pi- notice shall b...e.-!- displayed, painted.,...0-... or affixed by Tenant: o a ?y•park of ril.:4001.e or:,-0'.iaside.of said building or ori•or about the premises of .a enant':without the urjtteri...;consent hof Landlo , and only then of such color,- ize, style, mat000-044her: specifications ae shall be. spec fie i uy Landlord and Such approval shall riot be unreasonat%ly withheld No Tenantsh,all obstruct or interfere with the rights` of other•Tenants ::or in any way injure or annoy themmi, or ccriflict with , the laws relating ta; tire, °,or with- :any regulation ;of the: #ire 41009111.)10.0t:; '.:0 With. 'any Insurance policy upon sad building or any part thereof, or confilict with any ofthe. rules.or ordinances of:the Board Qf_Health Cif Garpus.christi, Texas. N.o `enant shall employ eriy person or persons ther than 14e:0610(0f of Landlord for the purpose of cleaning or taking •care ref the; leased premises without written consentof �Landlerd. Landlord shall n noway be. responsible to any 'enant for any loss of property frcrn Ieased premises, howev r.,occurring, or for :any damage,. done oto the: furniture; by_ the janitor rany.:.of his: employees,; err by other person- ar persons whornever, when in:the employ, of•Tenant Thee janitor Of the building may::at all:times:keep:a passkey a id he anal other agents r?f Landlord shall at:aU times be allowed admittance to theleased premises .:` No additional : locks, shall•.:ria :,placed.:an arty deers without the prior written ,consent' of Landlord, norshall :any duplicate -keys: be made landlord she l furnish all :necessary keys and it shall be surrendered to Landlord upon termination of this.; lease. and:Tenarit shall #herr give .•andlord.or his agents, explanation .of the pomibiriation to,_all locks.. upon.. doors. of vaults, 76 8-- sfairv.uells or other passages Landl0d shall nut:be Iiable:,fot i ny amages from the stop oval the age sof elevators for necessary air .:and rnainteriance or desiredrepairs •andimproverrlents [ r delays of any 'sort pr. uration In connection With tet0:.:0:10v0 tor service.° ` if Tenant desires °telegraphic, telephonic: or ot•h•er' electronic connections,, trandiord or• its, agents will direct: the technicians as to where and how the. wire; may :be introduced and A .. i Re e• • e e ng•=d r$s y hitt enant shah riot bepeiteaorkeep•hbulding,anyke•osene•,•camph•ene,mntei :400116b-:*id_ ooheiunting mr,aterials, excecarle•sand except teeleciciyin, h general use in the .buiidin•g4 i Ido sleeping, cooking, t yeing'•clothes, cleaning, -.or laundering shall be done or permitted •ori . the demised premises-without:the written• :consent of 'Landlord, with the. --:exception of normal` microwave oven use 18 Landlord res•erves the right to exclude pel from tl o.....0).00 g any person who, in th0 m judgeent of Landlord, is intoxicated or unor exder the influence.of Itquor or drugs, .or shall in at y mariner do, any act. in violation 'df any riles and regulatipns of the building. Movement irk or ..Ocit of the building of furniture or office e•quipment or dispatch or recei• pt by_ ; the ' 6006t,:.#1.04...00-00000:or materials which require tale use .of elevators .or movement through the : building entrances or Dobby shall •:be restricted to ttae hairs designated by Landlord .: 66 Land40r0.0 ••requfre any'such movement of furniture or:equiprnent.that will inter#ere wits : normal bulldiog traffic is to be restricted to odd: hours, as follows` -`aftot.040 am onday through f€iday, cr Saturday :and: Sundajc 2g Removal cif .. furniture from the building .will require. presentation of ..e permit yr written authorization to an authorized representative of ..:Landlord Security guards,• janitors,' .watchmen .as well as employees and agents sof Landlord •have• the right to challenge. any and all persons leaving,the building• -With suer articles : . 2.t Canvassing, solicitirig,or peddling in the ulidin.g is -prohibited•without written consent from .Landlord, and Tenant shall .cooperate to prevent:it: • 22.All stairwell doors are to. be kept closed, at ail timsTh ee stairwells area refuge iii case of fire, and an :ope•n door • .ma•y: p•ermit smok•e to ;enter. the area thereby: maki.hg evacuation impossible• • •• • • Use af,psace heaters of: any kind are prohibited in Wil; on Plaza HI a t. dark 41 uite Lind!) a legalg 0 e .tar!tabIe•area 4807. eoW is in full f.044,.TO. ec • „ e , OT 1.1$ •: escription The WOO P1aa -aetCnunty. Texas, (see. e ineneethen datinectiriparrspb a .. a . above lease are as foJkws en a e of .0::•104101::!000..,fa . • ...• ..; 4.. q 0 r R - • Anniversary eat)‘.f rn encPM-,- (month, 6 rit•Oa9v:'' ... .. .:i.....liron a- • m :•,• :,:• :-. en fled a, ..., amended t'.':orT'rPftiel. ..0..V1iiis:',91:6':' . a day, . .,. pr) : 1 • -Annual '. ".:: ' ' • ''.‘Secretary,-..-•"'. Aae4q •-: ::',10P0, EfiOn9 .- - -, - .• . , .66te:09P -,, • ..-. :: 0:-:-, Texas;..., ---'' fife 16.'449 - The entire ' '..dbrO!.4•:::.::::...,:- a d . '•.' ' - - - ' ' , ,reqqr • - : s::possession-",i:Eizieipm encumbranceoosos .:: his .fieluean . rightq • .08eSitaln has been the : , .... .-.-,:,ig;l0.5 :-...:tuit-,iarl ,.. d :6009,,stating that iw:,,.:, ,..- • . , - building -.. Ai bdiAtiac,-- ilbfatO --... id:‘:01P : . letMilla Ide-.4:::lidinOP iif: taco i vAijiy an ....• - - 60-a ...... affidavit: • - - ' : a -..':.-affirM, 1', an -; hereby " Landlord 0P ' . -''' acknowledge. 'of:1)-tr1a,9,. 1 persona -bearl:., , .....- ..flie'Pr- parties'• - --:' a•r filed-- -- 1--rd:-.1: r a :1P.,occupies,- - - . The • 6Wied9eP1,..-...::'04n;:ordOT:' 94 fieii:,,..110;-464P:w.',.fi'0':- PP , ' - . : '' ..., • ‘ • ••.• ... .•••• ' ' ell' may t ; record 'fit6 - over ..; . .." iil cease --.1 - .•ger.. t ..: the'', - • .'-‘ :00 . .,_,.. reln „, - . ,.-1,n-taii ..., - - - . • ' -.• 0 premises,--, -- ' ,:is - ...* .1 - . property .-- ,:ah'cr thatt_, : .,..,.. i,. .: ..- „t. p_,.- • ., b b .11":- . .. ate" ' ak)f.'' The': ' t Tenant..,... ...r. ..., .. , .. :LANpl us 1r -wasp -Tient C General Partnerby RobertH. Winter, General anagar onager • 4, • The ana r ata.signed• : ;, •AppcNed.i0i6 STATE OF TEXAS ) COUNTY OF NUECES ) OFFICE LEASE EXTENSION AGREEMENT I. PARTIES: That on this 27th day of September, 2011, this Lease extension made between Wilson Plaza Associates L. P. Corpus Christi, Texas, as Landlord, and City of Corpus Christi Tenant. Landlord leases to Tenant and Tenant leases from Landlord, upon the terms and conditions herein and those set forth in the previous Lease agreement dated April 13.2004, unless otherwise agreed herein, the demised premises described below. A copy of the original, April 13. 2004 lease agreement is available in the managers office, address below. 2. DEMISED PREMISES: The demised premises and building in which the premises are located, are described as follows: Building Name: Wilson Plaza Suite No. 113-A Building street address, city, county, state: 606 N. Carancahua, Corpus Christi, Nueces. Texas. Net rentable square footage of 4.710 as defined by BOMA standards of measurements. gr -mil -. r4 firm cq encing o December 1 .._ W 2011, and ending November 30, 2013, In the event this Lease Extension l greemen oe appear on the City Council Agenda prior to September 12, 2011 this Agreement will extend until the next scheduled City Council meeting. The commencement date has been changed from September 12, 2011 to October 1, 2011 in order to coincide with the other City Leases. 4. RENTS: Rent shall be $5,800.45 per month, payable in advance, on the. first of each month at Landlord's office, if any, in the above building; otherwise, at such orass in said county as may be subsequently furnished by Landlord for purposes, 0 WilsonPlaza Corpus Christi. Texas 78401-0669. Rent received after the first shall be deemed as delinquent. In the event any rent payable pursuant to this Agreement is not timely paid and remains unpaid for a period of ten (10) days after payment would otherwise be due, then a late payment cl\, e, she be --due and payable upon demand of Landlord in an amount equal to fifteen perce ii (15%) tires- the amount unpaid for each partial or full calendar month during which such rent remiains %unpaid. This charge shall be in addition to all other remedies provided for by the previous lease agreement. 6. USE: Tenant shall use the premises oistration followingCenpurpose and no other (nature of Tenant's business) Citv Detention and ter 6. TENANT BROKER: In the event Tenant employs a broker to negotiate future Lease transactions, whether expansions or renewals, the fee charged by the Tenant's Broker shall be paid by the Tenant and not included in the new Lease. EXECUTED this the day of , 20 Wilson Plaza Associates, L.P. / Landlord: Focus Investment Go. L.L.C. General Partner By Herman A. Parker Tenant: EXHIBIT "A" LEGAL DESCRIPTION Situated in the County of Nueces, State of Texas, to -wit: TRACT: Lot No. One (1), Two (2), Three. (3), Four (4), Five (5) and Six (6) in Nixon Replat of the Lots No. Five (5), Six (6), Seven (7), and Eight (8), Block Three (3), BLUFF PORTION of the City of Corpus Christi, Nueces County, Texas, according to the map or plat thereof, recorded on Volume 4, Page 18, Map Records, Nueces County, Texas. TRACT II: Lots (2), in Block Three (3), Four (4), Nine (9), Ten (10), Eleven (11) and Twelve (12), in Block Three (3), of the BLUFF PORTION of the 3, Maplty of Corpus Records, Nueces Christi, CountysTexas. , as shown by the map or plat thereof, recorded in Volume A,Page TRACT III: Being a part of the BLUFF PORTION of the City of Corpus Christi, Texas as shown on the map or plat of said city, recorded in Volume A. Page 3, Map Records, Nueces County, Texas and being more particularly described by Metes and bounds as follows: BEGINNING at a drillhole, in a concrete retaining wall, in the east boundary line of North Carancahua Street, the southwest corner of Block 3, BLUFF PORTION of the City of Corpus Christi, Texas and __southwest corner of the R. M. Kleberg Tract, for the northwest corner of this survey; Thence South 88 d . ._._egrees - _..uth - _.. _.---- it : . oI aid Kleberg Tract, and with the general course of an old board fence, 301.76 feet to a one inch iron pipe _ in the west boundary line of North Broadway, the Southeast corner of said Block 3, the northeast corner of said Kleberg Tract, for the Northeast corner of this survey; THENCE south 1 degree 00' West with the said West boundary of North Broadway, and east boundary line of said Kleberg Tract, 50 feet to a one inch iron pipe for the Southeast corner of this Survey; THENCE North 88 degrees 31'20" West parallel with said south boundary line of Block 3, and north boundary line of said Kleberg Tract, 301.84 feet to a drillhole in a concrete retaining wall in said east boundary line of North Carancahua Street, and west boundary line of said Kleberg Tract, for the southwest corner of this survey; THENCE North 1 degree 05'20" East with said east boundary line of North Carancahua Street and west boundary line of said Kleberg Tract, 50 feet to the PLACE OF BEGINNING and being the same land as described in a certain deed dated May 5, 1930, from R. M. Kleberg, and wife, Mamie S. Kleberg to D. K. Martin, Trustee, which is recorded in Volume 194 page 138-139, Deed Records, Nueces County, Texas. EXHIBIT T FLOOR PLAN . -75- EXHIBIT "C" LANDLORDS'S IMPROVMENTS Tenant accepts the demised premises in "As is" condition EXHIBIT "D" RENEWAL OPTION At the end of the original lease term, November 30, 2013, Tenant shall have the right to renew this lease for a period of three (3) one (1) year periods, provided that Tenant delivers to Landlord written notice of Tenant's intent to renew at least 120 days prior to the end of the lease term. However, Tenant shall not have such right of renewal if Tenant is in default as defined elsewhere in this Lease either at the time of such notice of renewal or at the end of the lease term. The terms of this lease during such renewal term shall continue, including rent adjustments as defined elsewhere in this Lease. STATE OF TEXAS COUNTY OF. NUECES KNOW ALL MEN BY THESE PRESENTS LEASE AGREEMENT BY THE CITY OF CORPUS CHRISTI AND WILSON PLAZA ASSOCIATES, L.F. On this -13th day of Aoril 2004, LANDLORD, Wilson Plaza Associates L P., AND TENANT, Say of Corpus Christi, for and in consideration of the sum of TEN DOLLARS ($10,00), and other good and valuable consideration and the mutual covenants and agreements herein contained, the receipt and sufficiency of which is expressly acknowledged, agree es follows: Landlord hereby leases; Tenant, and Tenant hereby accepts, the Demised Premises to have and to hold for the lease term upon the following terms and conditions DEFINITIONS AND BASIC PROVISIONS:. The following definitions and basic provisions shall be c��strt��d�rLco�unis�witt�rlirni a by the re#erence thereto in other provisions of this lease and the Exhibits attached hereto: (a) "Landlord": Wilson Plaza Associates L. P. �Addrese: 606 N. Carancahua. #900. Cornus Christi. TX 78476 (b) 'Tenant" : City of Corpus Christi "Address„: 1201 Leopard St. Corpus Christi. TX 78401 (c) "Demised Premises": Approximately 3.681 net rentable square feet in: The Wilson Plaza: in the City of Corpus Christi, Nueces County, Texas, (see Exhibit "A": Legal Description), address of such premises being shown and outlined on attached Exhibit "B", The Demised Premises also includes the right of exclusive use of 14 dedicated parking spaces in the i d'rr • • r '1. 1. (d) "Lease Term": A period of 2. years commencing on September 1, 2004 and ending August 31. 2011. (e) "Basic Rental": A total sum of $ 309.204.00 (Three Hundred ane Thousand Two Hundred Four Dollars and 00/100 Dollars) payable at Wilson Plaza, 606 N. Carancahua, #900, Corpus Christi, Nueces County, Texas, in monthly installments of $3,681.00 in advance, during the lease term. There will be a $25.00 charge for any checks returned for none sufficient funds. (f) "Prepaid Rental": $ 3.681.00 lease term. (g) °Security Deposit": $ 3.681.00 (Three Thousand Six Hundred Eighty One and 001100 Ipoliars). If Tenant fails to give Landlord thirty (30) days written notice prior to terminating the lease, to pay rent or other sums when due, the security deposit may at Landlord's option be applied to such unpaid amounts. (h) 'Trade Name" and "Permitted Use": Citagtention and MaQ stratioJ Center representing payment of rental for the first month of the LANDLORD'S SERVICES TO TENANT: A. Trash and garbage disposal;.. B. Provide adequate public restroom facilities and maintain and keep such facilities sanitary and in operating condition,. providing sufficient supplies (soap, toilet tissue, towels and disinfectant); C. Maintain, clean and keep all entrance ways, halls and hallways free of unnecessary obstructions and well lit; D. Lighting fixtures shall be maintained, including the replacement of fluorescent tubes of proper wattage; E. Maintain and keep in good repair the roof and exterior of the building in which the demised _... promises afe4GoatedLs to maintain and keep in good repair all side walks, walkways, parking areas, private streets,o. - ads and alleys -a are ire eveiopme ;. - . — F. Electricity, water and sewer, and G. Heating and air conditioning Building Standard. Failure to an extent to furnish or any stoppage of these defined services, or from nor any cause, shall Y for damages to either person orproperty, not render Landlord liable in any respectt from of rued as an eviction of Tenant or work an abatement ofres tensible, lishalt use nreasonablell d�gence t covenll have no ant or agreement hereof. Landlord, where p reinstate any terminated services listed above proterprtuY=Tenant n seroiceaoccasiaped tlhereby esultir�g aim whatsoever for rebate of rent or damages on account of any interruptions and therefrom. This lease is conditioned upon faithful performance aand greed to the partiesLandlord of the agreements, covenants, rules and regulations herein co PAYMENTS: Tenant will pay all rents and sums provided to be paid bydtTenant a reuner e nder a the times and in the manner provided. The obligation of Te pay ant and no act or circumstance whatsoever, whether such act or circumstance constitutes a breach of covenant by Landlord or not, shall release Tenant of the obligation to pay rent, except as expressly provided herein. COofNSTRUCTION OF IMPROVEMENTS: Landlord shall proceed to constructsummaemiseche scope Premises f in compliance with the description �Ce of thisgeasete and shown on Exhibit "D", Construction rk Contract. Awork to be done is shown on Exhibit Plan, of this lease. Any differences between. Exhibit "C" and/or Exhibit "D" the Work Contract will govern. POSSESSION: The parties hereto anticipate that the leased premises will be ready for Tenant's occupancy on 09-01-04. if the leased premises are not ready for occupancy on N-01-04, then the commencement of this lease shall be extended until the leased premises are ready for Tenant's occupancy at which time the events called for herein shall begin. If the leased premises are not ready for Tenant's occupancy on or before 09-01-04, and. such delay is not due to default of Tenant, then Tenant shall have the right to declare this lease canceled. If Tenant elects to exercise its right of termination, Tenant shall not have any claim against Landlord for breach of contract, damages or otherwise, and Tenant's only remedy shall be cancellation of this lease. Prior to exercising this option to terminate this lease, Tenant shall give Landlord 45 days notice in writing in advance of its intention to exercise such option. If the leased premises are ready for Tenant's occupancy prior to the end of said 45 days period, or before notice of cancellation is actually received by Landlord, then this lease shall not be canceled but shall remain in full force and effect. If possession is taken prior to commencement date, then the rent shall be pro -rated. NET RENTABLE AREA: The term "Net Rentable Area (NRA)" as used herein shall refer to all floor areas within the inside surface of the exterior wall enclosing the portion of the leased premises and measured to the mid -point of the walls separating areas leased by or held for lease to other tenants or from areas devoted to corridors, elevator foyers, restrooms, mechanical rooms, janitor closets, building stairs, and other similar facilities for use of all tenants .of the building (hereinafter called "Common Area"), but Including a proportionate portion of the Common Area equal to 1.19742 % of - tile-leased=pr ises are4oetage--exo>uding—socia . _ ......_. _. _. _ . ion No de 'o , _ NRA are made for columns or projections necessary to the building. COMMON AREA MAINTENANCE: The Common Area is the part of the office building designated by Landlord from time to time for the common use of all tenants, including among other facilities, sidewalks, landscaping, curbs, loading areas, private streets and alleys, lighting facilities, hallways, restrooms and other areas and improvements provided by Landlord for the common use of all Tenants, all of which shall be subject to Landlord's sole management and control and shall .be operated and maintained in such a manner as Landlord, in its discretion, shall determine. Landlord reserves the right to change from time to time the dimensions and locations of Common Areas and to construct additional buildings, and to eliminate buildings from the plan as shown on Exhibit "B" Tenant and its employees, subtenants, licensees and concessionaires shall be part. Tenant shall not solicit business or display merchandise within the Common Area, or distribute handbills therein, or take any action, which would interfere with the rights of the persons to use the Common Area without the prior written consent of Landlord. Landlord may deem it necessary to prevent the public from obtaining prescriptive rights to make repairs or alterations. REPAIRS AND RE-ENTRY: Tenant will at Tenants own cost and expense, repair or replace any damage or injury done to building or any part thereof by Tenant, tenant's agents, employees, and invitee, and if Tenant fails to make such repairs or replacements promptly, or within fifteen (15) days of occurrence, Landlord may at its option, make such repairs or replacements, and Tenant shall repay the cost thereof to Landlord on demand. Tenant will not commit or allow any water damage to be committed on any portion of the Demised Premises, and shall, at termination of this lease, by lapse of time or otherwise, deliver up said premises to Landlord in as good condition as at the date of possession, ordinary wear and tear excepted, the ©mired Premises. this lease, Landlord shall have the right to re-enter and resume possession ASSIGNMENT-SUBLETTINGALTERATIONS-ADDI eON g eM ROVEM TS:r interest therein or aglow samenant lto be not assign or in any manner transfer this lease ora y assigned by operations of law or otherwise, or subttte flan ��� � in Premises clause hereof, without reof, or use or permit same to be used for any purpose other written consent of Landlord. Tenant shall not makel�i�i�� �nsent f Land[e made ordalterations before makings h hysical additions in or to the Demised Premises without t alterations or physical additions and such consent to the Demised Prem seshby Tenant, eld. Such alterations, physical additions, or improvements when made shall at once become the property of Landlord and shall apply albe smovable rofsxtures ord to dlord furniture e of termination in. any manner of this lease; this clause shall not Tenant can remove fixtures placed in the leased premises Tenantsolely by so-long removal not damage the leased premises or make it less rentable, in La ' opinion. Tenant cannot remove carpet or wall covering. TENANT INSURANCE: It is hereb e se f -insured exas o e L.1- munici t in connect ant will acti U•onre:uestofL ns arisin .1 • • .t s - n it un e nd w II with the Ten rovi•e 00 elf nt's a d a'r- d • he ue se or o ro.e •roof •f sal -insu If !=11 u• =n USE p ISURANC E- -- portion of the Demised Premises to be to bepied or used disreputable �inranyymannersoroextrar hazardous on unlawful in part or in. whole or deemed account of fire, nor permit anything to be done which thatwilliby aay a nfacts increase Te the r fere she I insurance on the building or its contents, and in the eventy be an increase in the rate of insurance on the building ritsi cont e,ts -created by Tenant's acts or conduct of business, then Tenant hereby agrees to pay such LOSS AND DAMAGE TO TENANT PROPERTY: Tenantgras t isees that taut o zed to use under the of the Leased Premises and such other portions of the Office Building terms of this lease shall be wholly and at its own risk, tl osehall have no claiming underliability Tenantfor whether damage to the factures or the personal property of Tenant,in of leaking occurring by reason of theft, vandalism, fire or othercasualty lens r the .ursting, stopping water, gas sewer pipes or otherwise, nor for injury or death INDEMNITY LIABILITY AND LOSS OR DAMAGE; By taking possession of the Demised Premises, Tenant accepts same as suitable for the purpose for which same id act are leased ewaives any and acceptsand s hle building and each and every appurtenance thereof, and Tenant by as well as defects that are ascertainable by the exercise of due diligence. la a dlng ord through be under able to Tenant or Tenant's agents, employees, guests, invitee, or any person Tenant for injury to person, loss or damage to property, or for rlthe or damage ar employees t'o business, occasioned by or through the acts or omission of Land Landlord's gross negligence or willful wrong, to the extent Landlord is not prevented by law except: • Ter a" it'sY 1 indemnify Landlotd'8rld'Save it -harmless from or from contracting against s�dr�liabthty:' �' a ' t a .Tenan t =11 cal 1 sd:m;.s r of the for the 1 I not occu ised •remis ase t s or use or permit any -81 out of any occurrence in, upon, at or from the Demised Premises or any part thereof, occasioned wholly or in part by any act or omission of Tenant, its servants, agents, employees, contractors, invitee or licensees. If Landlord shall, without fail on its part, be made a party to any action commenced by or against Tenant, then Tenant shall protect and hold harmless and shall pay all costs, expense and reasonable attorney fees. DAMAGE CLAUSE: If the Demised Premises or the building in which the demised premises are located shall be damaged by any means or cause whatsoever except as stipulated under section for "Tenant Responsibilities,". not caused or contributed to by the negligence or fault of Tenant, it's employees, servants, agents, invitee or visitors, and if repairs of said damage can be reasonably expected to be substantially completed within a period of thirty (30) days by using standard working methods and procedures, Landlord shall within a reasonable time after occurrence of said damage, enter and make repairs and this lease shall not be affected but shall continue in full forceand effect. However, if said damage cannot be repaired within a period of thirty (30) working days by using standard working methods and procedures, then this lease shall cease and terminate as of the date of the occurrence, and Tenant shall pay rent hereunder to such date and immediately surrender the Demised Premises to Landlord. If Landlord restores the Demised Premises, Landlord shall within a reasonable period of time enter and make repairs and this lease shall not be affected except that rents hereunder shall be reduced or abated while such repairs are being made for the period of time and in the proportion that the Demised Premises are untenantable. If, however, such damage is contributed to by or results from the fault or negligence of Tenant, Tenant's employees, agents, servants, invitee or visitors, such damage shall be repaired by and at the expense of Tenant, under l direotior nd pervisia ndle�' t ►mr n#shall=oontigue oat-A mea pt reduction. The completion of the repairs of all such damage is subject to reasonable delays resulting from survey of such damage, obtaining plans and letting contracts for repair, adjustments of insurance, strikes, labor difficulties, unavailability of materials or other causes beyond the control of the party obligated to make such repairs. SUBROGATION: Landlord and Tenant agree and covenant that neither shall be liable to the other for loss arising out of damage to or destruction of the Demised Premises or contents thereof when such loss is caused by any perils included within the State of Texas fire and extended coverage insurance policy, this agreement shall be binding whether or not such damage or destruction be caused by negligence of either party or their agents, employees or visitors. LAWS AND REGULATIONS: Tenant will maintain the Demised Premises in a clean and healthful condition and comply with all laws, ordinances, rules and regulations (State, Federal, Municipal, and other agencies or bodies having jurisdiction thereof) with reference to use, conditions or occupancy of the Demised Premises. RULES: Tenant and Tenant's agents, employees and invitee will comply fully with all requirements and rules of the building, as set.forth in Exhibit "E" hereof. Landlord shall at all times have the right to change such rules and regulations or to amend them in such reasonable manner as may be deemed advisable for safety, care and cleanliness of premises and for preservation of good order therein, all of which rules and regulations, changes, amendments will be forwarded to Tenant in writing. ENTRY FOR REPAIRS AND INSPECTION: Tenant will permit Landlord or owner or their officers, agents and representatives right to enter into and upon any and all parts of the Demised Premises at all reasonable hours to inspect same or clean or make repairs, alterations or additions as Landlord may deem necessary and Tenant shall not be entitled to any abatement of or reduction in rent by reason thereof NUISANCE: Tenant will conduct its business and control its agents, employees and invitee in such a mariner as not to create a nuisance, interfere with, annoy or disturb other tenants or Landlord in the management of the building. CONDEMNATION: Should the Demised Premises or the building be taken or condemned in whole or in part for public purposes, then the term of this lease shall, at the option of the Landlord, forthwith terminate. - Landlord shall receive the entire award from such taking and Tenant shall have no claim. LANDLORD'S LIEN: Landlord shall have and Tenant hereby grants to Landlord a lien and security interest in all of the i =s tr. d = fi res f rniture = • 1 • : n • s m=rchandise and ether property placed on the leased premises durino the term of the lease to secure the payment of rentals anct athar s urns rite heregpder for the entire term of the lease. Landlord shall have andmav exercise h re a to said ert l of he r • h ►= reme • i s = d • •we •f = secur=d •a AL • - r Uniform Commercial Code of Texas. including without Iknitation, the richt and power to sell at public or private sale or sales, or other-wise dispose of, lease or utilize the collateral and any part or parts n r aid Code on default Want. V • • HOLDING OVER: In case of holding over by Tenant after expiration or termination of this lease, or of any renewal or extension thereof, Tenant will pay as liquidated damages double rent for the entire holdover period and will pay all attorney fees and expenses incurred by Landlord in enforcing its rights hereunder. No holding over by Tenant after the term of this lease, as such may be renewed or extended either with or without consent and acquiescence of Landlord, shall operate to extend this lease for a longer period than one (1) month unless a holdover agreement in writing specifies a longer period, and any holding over with the consent of Landlord in writing (unless such consent shall specify a longer period) shall thereafter constitute this lease as a month-to-month. APPROPRIATION CLAUSE: The parties agree that payment of monthly rental rate is subject to annual appropriation of funds by the city of Corpus Christi. If the lease isn't a budget item for any fiscal year the lease will terminate July 31 of the last fiscal year for which the lease hands have been appropriated. RENTAL ADJUSTMENT: The monthly rental from the anniversary date of this lease to December 31st of such calendar year shall be as set forth in paragraph (e) Definitions and Basic Provisions of this lease. Effective on the first day of January of the calendar year immediately following the anniversary year of the execution of this lease and each January first of each year during the term of this lease, an adjustment of the monthly rental shall take place. Such adjustment shall be based upon lesser of either (a) the Consumer Price Index (CPI) (Section 1 below) or (b) the prorated share of Actual Expense increase of taxes, insurance and utilities (See Section II below). CONSUMER PRICE INDEX - On the 1st day of January of each year referenced above, the Consumer Price Index, all items, U.S., 1967=100, (or the replacement index if the Consumer Price Index has been discontinued) will be compared to the Index on the origination date of this lease and any increase will be multiplied against the monthly rental set forth in paragraph (e) Definitions and Basic Provisions, to determine the monthly rental rate for the next ensuing months (January through and including December). ACTUAL EXPENSE INCREASE: Effective on the 1st day of January of each year referenced above, the total expense of taxes, insurance and utilities for the months of January through and including December or the previous calendar year shall be compared to the total expense of taxes, insurance and utilities (which maybe required to be estimated by Landlord) for the next 12 months (January through and including December) and the Tenant's monthly rent shall be Increased by 1/12th of the Tenant's prorated share of such increases in expenses. Tenant's prorated share shall be determined. by dividing Tenant's net rentable space by the total net rentable space in the building. in the event that such an increase is due under this lease, Landlord may notify Tenant in wilting of any such increase in the monthly rent, which will then become effective for the months of January through and including December of the applicable calendar year. In the event Landlord fails for any reason to notify Tenant of the increase, or if such increase -is not determined until after the lst day of January of the effective calendar year, such will not abate or waive the additional rental sums due Landlord and Tenant shall pay all such sums upon demand. The term "calendar year"' as used herein means for the months of January through and including December of the year affected by the increase. y-wa ef-a c$r le-Onl-y; .If -a aseAs-effeettue-AaQctc ber there=on monthly rental rate shall be increased based upon one of the methods described above . (the Consumer Price Index method or the Actual Expense Increase method) for the calendar year 1994. Upon Lease expiration tenant agrees to restore demising premises to building standard. TENANT DEFAULT AND REMEDIES: The following events shall be deemed to be events of Default by Tenant under this lease: 1. Tenant shall fail to pay any installment of rent when due and such failure shall continue for a period of ten (10) days. 2. Save and except for monthly payment of rent, which is covered in subparagraph (1) above, Tenant shall fail to comply with any term, provision or covenant of this lease, and shall not cure such failure within thirty (30) days, after written notice thereof to Tenant, or if Tenant shall not have proceeded with all due diligence to cure such failure on such a manner that such failure is cured in any event within ninety (90) days, after written notice thereof to Tenant. 3. Tenant or guarantor of Tenant's obligations under this lease shall become insolvent or shall make a transfer in fraud of creditors, or shall make an assignment for the benefit of creditors. 4. Tenant or any guarantor of Tenant's obligations under this lease shall file a petition under any section or chapter of the National Bankruptcy Act, as amended, or under any similar law or statute of the United States or any state thereof; or Tenant or any guarantor of Tenant's obligations under this lease. 5. A receiver of Trustee shall be appointed for the Demised Premises or for all or substantially all of the assets of Tenant or any guarantor of Tenant's obligations under this lease. 6. Tenant shall desert or vacate any substantial portion of the premises. 7. Tenant shall do or permit to be done anything which creates a lien upon the premises. Upon the occurrence of any such events of default, Landlord shall e ave the Optind nreto pursuus ue a deo one or more of the following described remedies, in addition to all arights at law or in equity, without any notice or demand whatsoever: (A) Landlord may declare this lease terminated by giving notice to Tenant of Landlord's coon to terminate the lease and thereby relieving Landlord. and Tenant from further y hereunder. e Q (B) Landiord may terminate this Lease Agreementandsaw,of Saw, and removey and 1 persons iolr repossess the Demised Premises, with or without P property from the Demised Premises without being d �medult. uguiltyuch terof minationssing �La Landlord r without prejudice to any other remedy of Landlord f shall be entitled to recover as damages a sumof rent earned at the timeual to the termination, plus st of recovering the Demised Premises, (11) the unpaid(iii) interest thereon at the maximum lawful rate perfthe h edleaseue ate�rm,plus. steres# esent value of the balance of the rentals due for the remainder of thereon at the maximum lawful rate, and (iv) other sums of money and damages owed by Tenant to the Landlord. C) The Landlord may terminate the Tenant's rightof poopr ssiodetneb suit othe other-wise,e) without ( nd may repossess the Demised Premises by forcible entry demand or notice of any kind to the Tenant and without o do so,terminating the same for the account of ch event _ .: E • : no obli • anon to "..... - -� lova , _ . -� .. -� .t�qu�d-o•-decnrata..p�."��„�..".. the Tenant for such reletting the Landlord is au onz- repairs, changes, alterations or additions in or tothe Leased Premises that to relet the Prised premises, be if make any p necessary or convenient. If the Landlord shall fail or refuse ch elettin to the demised premises are relet and a sufficient sum shall mbe a lized f from (iu her cost ono pay othe r satisfy the total of (i) the cost of recovery of expenses of such decorations, repairs, changes, alterations and/or osadditions; onitions;irate interest thereon d . rent earned at the time of termination of the Tenant's right P the 'mum lawful maximum lawful rate from the due date; (iv) the tnereon at thh maw balance of the at the plus interest rentals due for the remainder of the lease term, anyother sum of money in damages owed by the eh exists to uthe demand iotherefore rate, and (v) anydeficiency w that event, the Tenant shall satisfy and pay any sums rd. The Tenant agrees that the Landlord may file suit recover due s falling Land ore by Landta rah No delivery or recovery t y under the terms of this parag p subsequent action brought for any amount not hereunder shell .be any defense to any hall theretofore reduced to judgment in favor of the Landlord nor leases unless ingritien construed eO as an election on the part of the Landlord to terminate this such intentionthis' Lease for previous be given to the Tenant by Landlord. Notwithsattndi gate thisuch reletting without termination, the Landlord may at any time thereafter, elect no event shall Tenant be entitled to receive any excess of any rent obtained by breach. In provided. reletting over and above the Basic Rental herein Landlord may take such action required to cure t wed the Tenant bill be obligatedtoto (D) The Land expenses incurred by the Landlord in curing such rbi breach, by 'tenant. pay the costs contained in the bill immediately up ATTORNEY FEES: If on account of any breach or default by Tenant in its obligations hereunder, Landlord shall employ an attorney to enforce or defend any of Landlord's rights or remedies hereunder, Tenant agrees to pay any reasonable attomey's fees incurred by Landlord in such connection. SECURITY DEPOSIT: Upon receipt from Tenant of the sum stated in Section (g) Definitions and Basic Provisions, such sum shall be held by Landlord without interest as security for the performance by Tenant of Tenant's covenants and obligations hereunder, it being expressly understood thesuch deposit is not an advance payment of rental or a measure of Landlord's damages in case of'default by Tenant. Upon the occurrence of any default by Tenant, Landlord may from time to time without prejudice to any other remedy provided herein or provided by law, use such fund to the extent necessary to make good any arrearage of rent and any- other damage, injury, expense, or liability caused to Landlord by such event of default and Tenant shall pay to Landlord the amount so applied in order to restore the security deposit back to original amount. If Tenant is not then in default hereunder, any remaining balance of such security deposit shall be returned by Landlord to Tenant upon termination of this lease. INTEREST: Any sums payable by Tenant pursuant to the provisions of this Agreement shall be due and payable unless specifically provided elsewhere herein upon the demand of Landlord and such shall bear interest at the rate of ten percent (10%) per annum from the date of such demand until paid. LATE P• E n I •ttimel paid and remains unpaid for a period of ten (1 0) days after payment would otherwise be due thea a late payment charge shall be due and payable upon demand of Landlord in an amount equal to five per cent (5%) times the amount unpaid for each partial or full calendar month during which such rent remains unpaid. This charge shall be in addition to all other remedies provided for herein. QUIET POSSESSION: Landlord hereby covenants that Tenant, upon paying rent as herein reserved, and performing all covenants and agreements herein contained on part of Tenant, shall and may peacefully and quietly have, hold and enjoy the Demised Premises. SUBORDINATION: Tenant hereby subordinates this lease and all rights of Tenant hereunder to any mortgage or mortgages, or vendor's lien or similar instruments shall be superior to and prior to this lease. Tenant further covenants and agrees that if any mortgagee or other lien holder acquires the Demised Premises by foreclosure, or if any other person acquires the Demised Premises as a purchaser at any such foreclosure sale (any such mortgagee or other lien holder or purchaser at any such fore -closure sale being each hereinafter referred to as "The Purchaser at Foreclosure"), Tenant shall thereafter, but only at the option of the Purchaser at Foreclosure, as evidenced by the written notice of its election given to Tenant within a reasonable time thereafter, remain bound by novation or otherwise to the same effect as if a new and identical lease between the Purchaser at Foreclosure as Landlord and Tenant as Tenant, had been entered into for the remainder of the term of the lease in effect at the institution of the foreclosure proceedings. Tenant agrees to execute any instrument or to confirm any election to continue this lease in effect in the event of foreclosure, as above provided. SEVERABIU Y: If any clause or provision of this lease is illegal, invalid or unenforceable under present or future laws effective during the term of this lease, then and in that event it is the intention of the parties hereto that the remainder of this lease shall not be affected thereby, and it is also the intention of the parties to this lease that in lieu of each clause or provision that is illegal, invalid or unenforceable, there be added as a part of this lease a clause or provision as similar in terms to such clause or provision as may' be possible and legal, valid and enforceable. The caption of each paragraph hereof is added as a matter of convenience only and shall be considered to be of no effect in the construction of any provision or provisions of this lease. MISCELLANEOUS: 1. Tenant shall not place, install or operate in the Demised Kde Premises or in partany ea of ore building, any engine or machinery, or maintain, use A any hazardous material nor do any work causing noxious or malodorous fumes of any kind whatsoever without prior written consent of Landlord. or 2. No signs, advert'rsemen#s or notices shad bei �bdr,or fixed on or size and style, anand inrnsuch dowsTplaces as or other parts of the building, except o approved by Landlord. 3. Tenant shall refer ail contractors, contractor's representatives and installation techndcoans, rendering any service to Tenant to Landlord for Landlord's supervision, approval before the performance of any contractual installations of telephonesvrsion shall apply to telegraph equipmentf work performed in the building including ins i ments, and installations of any nature affecting floors, walls, = eetr#�-vt _ - ..----_.... - cartians_ _the huiidin_ �. woodwork, trim, windows, ceiling ecuiprnan °mer✓ ph Landlord shall not be responsible for any work or for contractor, contractor's representatives, or installation technicians who render any services for the -Tenant and Tenant shall hold Landlord 4. harmless therefrom Directorystrips shall be furnished upon move -in, strips requested after move -in will furnished by Landlord with an applicable charge. portion- of Tenants area or any other part of the building shall at any time be used or 5. No occupied as sleeping quarters or lodging quarters. Building personnel which is the responsibility of the Tenant will be B. All services rendered by one charged at current rates, which are subject to increaseproperty,, with a ersonal p mamequipment, hour. money or 7. Landlord will not be responsible for lost or stolen jewelry from Tenant's area or public rooms regardless of whether such ions occurs when the area is locked against entry or not.Tenant fans for any improvements or alterations made e inn of said and Tenant's or nee, must, 8. All P approval. Upon completion be submitted for Landlord's app tenant at Tenant's expense. "as built" drawings shall be furnished to Landlord by except employees, of rmit entrance to Tenant's suite by use of pass eys controlled by Landiord to any person at any 9. Landlord willPe time without written permission by contractors, or service personnel directly supervisedsby Landlord. broker or agent in connection a is ith 10. Tenant warrants that it has had no Landlord's broker negotiation or execution of this lease other than Landlord's broker, if any. RN#G - If G est t. d• C RELOCATION: Upon at least sixty (60) days' notice to Tenant, the Landlord shall have the right to relocate Tenant within the building in a designated space which is the same size or larger and of the same quality and style and suited to Tenant's use. Such relocation shall be made at Landlord's sole expense, including necessary reprinting of Tenant's stationary, envelopes, business cards, door signs, exterior signage, and to re-establish the interior as their previous space, etc. Rent shall not be increased If the relocation office space is larger. Relocation date shall be contained in the relocation notice referred to above. Landlord shall not be liable to Tenant or in connection with such relocation except for undue delay or property damages caused by Landlord or Landlord's employees, agents or contractors. if and when relocation occurs, the lease shall be amended so as to substitute the new space for the old. NOTICE: Whenever any Notice or Demand is required or permitted pursuant to the terms and conditions of this Lease Agreement, such Notice or Demand shall be given or served in person or shall be deemed to have been served,, ,whether - actually received or not, when such Notice or Demand is reduced to writing an'd:depgsited4n the; United States Mail, postage prepaid, certified mail, return receipt requested, addressOdlo 00.10`rtX to wfiom directed as follows: LANDLORD: Wilson Plaza Associates L. P. 606 N. Carancahua, #900 TENANT: The City of Cornus Christi 1201 Leopard St. Such address may from time to time change by either party hereto by serving Notice as provided herein. ENTIRE AGREEMENT: It is agreed by Tenant, as a material consideration for the execution of this Lease, that there are, and were, no verbal representations, understandings, stipulations, agreements or promises pertaining thereto not incorporated in writing herein, and it is likewise agreed that this lease shall not be altered, waived, amended or extended otherwise than as provided herein, except same may be done in writing signed by proper authority of both parties. TRANSFER OF LANDLORD'S LIEN: Landlord shall have the right to transfer and assign, in whole or in part, all and every feature of its rights and obligations hereunder and in the property and building referred to herein. Such transfers are to be in all things respected and recognized by Tenant. OTHER CONDITIONS: ATTEST: Armando Chapa, City Secretary' City of Corpus Christi Georg City City of Corpus Christi APPROVED AS TO FORM: S IFFE en. ' Zastrow Ass't City Attorney fa City Attorney 416-7 f< V Date Li //AA Date 2OD'�- ((0 ... RU rrtvKli.t. MI COUNCIL Lfila 3-C g!� " ./X Date •WITNESS MY HAND this:1t day of STATE OF TEXAS } COUNTY OF NUECES This instrument was acknowledged before me on �' , connie Parka • Commis0ian Expires y public in and for the a NoNo vember OS, 2007 No • State of Texas Printed name of Notary My commission expires: WITNESS MY HAND thisa� day of ____ton PI - _ a Associates. L. P. Focus Investment Co. L.L.C. General Partner By Robert H. Winter General Manager STATE OF TEXAS } COUNTY OF NUECES } This instrument was acic owledged before me on Mile -14 r)&J Mao Printed name of Notary State of Texas ,200 Notary Public in and for the 'r 65( My commission expires: EXHIBIT "A" LEGAL DESCRIPTION Situated in the County of Nueces, State of Texas, to -wit: TRACT: Lot No. One (1), Two (2), Three (3), Four (4), Five (5) and Six (6) in Nixon Replat of the Lots No. Five (5), Six (6), Seven (7), and Eight (8), Block Three (3), BLUFF PORTION of the City of Corpus Christi, Nueces County, Texas, according to the map or plat thereof, recorded on Volume 4, Page 18, Map Records, Nueces County, Texas. TRACT II: Lots (2), in Block Three (3), Four (4), Nine (9), Ten (10), Eleven (11) and Twelve (12), in Block Three (3), of the BLUFF PORTION of the City of Corpus Christi, Texas, as shown by the map or plat thereof„ recorded in Volume A, Page 3, Map Records, Nueces County, Texas. TRACT III: Being a part of the BLUFF PORTION of the City of Corpus Christi, Texas, as shown on the map or plat of said city, recorded in Volume A. Page 3, Map Records, Nueces County, Texas and being more particularly described by Metes and bounds as follows: BEGINNING at a drill hole, in a concrete retaining wall, in the east boundary line of North Carancahua Street, the southwest comer of Block 3, BLUFF PORTION of the City of Corpus Christi, Texas and southwest comer of the R. M. Kleberg Tract, for the northwest corner of this survey; Thence South 88 degrees 31'20" East with the south boundary line of said Block 3, and north boundary line of said berg Tranwithbeg - -- in the west boundary rine of North Broadway, the Southeast comer of said Block 3, the northeast corner of said Kle erg_ .Tract, for therNartheest corner of this survey; THENCE South ;.� leg-ree 40'VIlest�vvith the said West boundary of North Broadway, and east boundary line ofsaid4(Ieberg-Tract, 50 feet to a one inch iron pipe for the Southeast corner of this Survey; s r= .• -.- r _1 • aa:¢a -I - / -_• -_a•=-R—itaa ar- _ THENCE North 88 degrees 3120" West parallel with said south boundary line of Block 3, and north boundary line•of said Kleberg Tract, 301.84 feet to a drill hole in a concrete retaining wail in said east boundary line of North Carancahua Street, and west boundary line of said Kleberg Tract, for the southwest corner of this survey; THENCE North 1 degree 05'20" East with said east boundary line of North Carancahua Street and west boundary line of said Kleberg Tract, 50 feet to the PLACE OF BEGINNING and being the same land as described in a certain deed dated May 5, 1930, from R. M.- Kleberg, and wife, Mamie S. Kleberg to D. K. Martin, Trustee, which is recorded in Volume 194 page 138-139, Deed Records, Nueces County, Texas. LXH1B1I "u" FLOOR PLAN EXHIBIT "C" IMPROVEMENTS All improvements listed below in this Exhibit shall be completed by Landlord and paid for by Tenant in one lump sum as described in another document Scheduled Work Agreement. FLOORING Tile shall be as per building standard. Tenant to select color. COVE BASE Building standard color co-ordinate with carpet. LIGHTING Building standard. CEILING Building standard. ELECTRICAL Building standard WALL CONSTRUCTION Building standard CELL CONSTRUCTION See Scheduled Work Agreement for cell construction spec! ca ions-- Building ons-Building standard INTERIOR DOORS EXTERIOR DOORS Building standard See Exhibit " Du for construction plans. EXHIBIT "D" CONSTRUCTION PLAN r SHED -ROCK SOLID METAL iEt,iL.H TAL MESH FINGER PRINT PHOTO LEOPARD S MULTI !' (4-5) i FIEF 000000 000000 -71 INTOX =, (2-3) • : E ` MULTI (2-3) • MULTI (8-10) INTOX (2-3) i ., RESTROOM (2-3) RESTROOM SINGL SINGLE RES TF ]OM sv 0 IUPER1 0 IS]R 0 1 z A RAMP COURTROOM EXHIBIT "E" RULES & REGULATIONS FOR PROTECTION OF TENANT AND PROPERTY 1. The requirements of Tenant will be attended to only upon application at the office of the building. .Employees of Landlord will not perform or do anything outside of regular duties, unless under special orders from Landlord's Management Office. 2. Tenant will be allowed access to the building between 7:00 am and 6:00 pm. Tenant may also enter the building after these hours using their lobby keys and their office keys. Anyone not satisfying the watchman of his right to enter the building, may be excluded by him. The Landlord will in no case be liable. for damages for any error with regard to the admission to or exclusion from the building of any person. in case of invasion, riot, public excitement or other commotion, Landlord reserves the right to prevent access to the building during the continuance of same by closing doors or otherwise. 3. The sidewalks, entries, passages, court, corridors, stair -ways, elevators and all other common areas shall not be obstructed in any way, by Tenant, his employees or agents, or used by them for purposes other than for ingress or egress to and from their respective suites. 4. All safes or other heavy articles shall be carried up or into .premises only at such times and in such a manner as shall be prescribed by Landlord, and Landlord shall in all cases have the right to specify the proper weight and position of any such safe or heavy article. Any damage done to the building by taking In or removing of said articles, or during the time they are in the �- - e_. _-_.E' - 1 : wa shall be paid by Tenant. Defacing or injuring in any way, in any part of the building by Tenant, his agen s or s = . = air in the 5. No furniture, packages, supplies, equipment or merchandise and shallibe recchei stars d s bundling or carried up or down elevators, except between such hours be designated by Landlord. . 9 ainted or affixed C. No si n, facture, advertisement or notice shall be displ �yorabout the premises of any Tenant Tenant on any part of the outside or the inside of said building or o without the written consent of Landlord, and only then of such d such or, size, style, let shalln nlstand other specifications as shall be specified by Landlord be unreason -ably withheld. 7. No Tenant shall obstruct or interfere with the rights to ore other with Tenants or in any way injure the firer annoy them, or conflict with the laws relatingsid building or any part thereof, or conflict with department, or with any insurance policy up any of the rules or ordinances of the Board Of peeth rsonals h Ofhe# e the reofsl..andlord for the 8. No Tenant shall employ any person p an ase of cleaning or taking care of the leased premises without out written oss of c pent fromLan elord. Lare be responsible to any Tenantforany ased Ld shall in no way for any damage done to the furniture by the janitor or any of premises, however occurring, s whomever, when in the employ of Tenant. The his employees, or by other person or persons and he and other agents of Landlord janitor of the building may at ail times keep a p shall at all times be allowed admittance to the leased premises. 9. No additionalLandlord and locks shall be placed on any doors without r ttefl shallon nsant laf Landlord, nor shatl any duplicate keys be made. All necessary keys s lease, and Tenant same shall be surrendered to Landlord upon terminatiofa all locks upon doorsf vaullts, en give Landlord or his agents, explanation of the combination RULES & REGULATIONS CONT'D with the exception of ATM. Keys requested after initial keys have been made will be furnished by Landlord with an applicable charge to Tenant. 10. The restrooms, lavatories, drinking fountains and .other water fixtures shall not be used for any purpose other than those for which they were constructed, and any damage resulting to them from misuse, or defacing or injury of any part of the building shall be borne by the person who shall occasion it. No person shall waste water by interfacing with the faucets or otherwise. Drinking fountains are not to be used for the cleaning of coffee pots. Coffee grounds are not to be disposed of in drinking fountains or sinks. 11. No person shall disturb the occupants of the building by the use of any musical instrument, the making of unseemly noises, or by interfering in any way. No animals will be allowed in the building, with the exception of such animals as specifically trained to aid the handicapped. 12. No bicycles or similar vehicles are to be allowed in the building. 13. Nothing shall be thrown or lowered from any of the windows from the building or down the stairwells or other passages. 14. . Landlord shall not be liable for any damages from the stoppage of elevators for necessary repair and maintenance or desired repairs and improvements or delays of any sort or duration in connection with the elevator service. 15. If Tenant desires telegraphic, telephonic or other electronic connections, Landlord or its agents will direct the technicians as to where and how the wires may be introduced, and without such directions no .boring or cutting of wires will be permitted. -anon- li a"= . .:=. _ .o m fluid or other Illuminating materials, except candles, and except the electricity in general use in the building. 17. No sleeping, cooking, dyeing clothes, cleaning, or laundering shall be done or permitted on the demised premises without the written consent of Landlord, with the exception of normal microwave oven use. 18. Landlord reserves the right to exclude or expel from the building any person who, in the judgment of Landlord, is intoxicated or under the influence of liquor or drugs, or shall in any manner do any act in violation of any rules and regulations of the building. 19. Movement in or out of the building of furniture or office equipment or dispatch or receipt by the Tenant of any merchandise or materials which require the use of elevators or movement through the building entrances or lobby shalt be restricted to the hours' designated by Landlord. The Land-lord may require any such movement of furniture or equipment that will interfere with normal budding traffic is to be restricted to odd hours, as follows: after 6:00 am Monday through Friday, or Saturday and Sunday. 20. Removal of furniture from the building will require presentation of a permit or written authorization to an authorized representative of Landlord. Security guards, janitors, watchmen, as well as employees and agents of Landlord have the right to challenge any and all persons leaving the building with such articles. 21. Canvassing, soliciting or peddling in -the building is prohibited without written consent from Landlord, and Tenant shall cooperate to 'prevent same. 22. All stairwell doors are to be kept closed at all times. The stairwells are a refuge in case of fire , and an open door may permit smoke to enter the area thereby making evacuation impossible. EXHIBIT "F" MAINTENANCE AND REPAIR Tenant shall promptly reimburse Landlord for the cost of repairing or replacing damage. which is caused by Tenant, Tenant's agents, employees, family, or licensees, invitee, visitors, or customers, plus 10% overhead. Landlord may require advance payment therefore prior to repair or replacement. Landlord shall maintain the interior of Tenant's office space in good repair at Tenant's expense. Landlord shall have the right of approval of all repairmen or maintenance personnel. Tenant shall not damage or allow others to damage any portion of the leased premises. Tenant shall pay for unstopping any drains or water closets in Tenant's office space. EXHIBIT "G" ACKNOWLEDGEMENT OF LEASE The undersigned parties acknowledge that the lease described below is in full force and effect. Date of lease: March 10. 2004 - Landlord: Wilson Plaza Associates L. P. Tenant: The City of COMM Christi Suite No. 113 Square feet of rentable area 3.681 Building address: 615 Leopard City/County/State/Zip: Corpus Christi. Nueces. Texas. 78476 Building legal description: The Wilson Plaza an addition to the City of Conus Christi. Nueces Cogtlty� Texas. (see Exhibit "A"; Legal Description) atiress f such premises insh and out in onattached hib' " " The commencement date, annual anniversary date, and ending date of the initial lease term as defined in paragraph 4.1 of above lease are as follows: Commencement date (month, day, year) September 1, 2004 Annual Anniversary date (month, day) September 1 Ending date (month, day, year) Auoust 31.2011 The parties acknowledge that the lease has not been amended or modified and that his acknowledgement may be filed of record with the Texas Secretary of State or the county where the building is located in order to record (1) Tenant's possession rights to the leased premises, and (2) Landlord's contractual landlord lien rights over all personal property therein. The entire lease is hereby affirmed and incorporated herein. The lease will cease to be an encumbrance to Landlord's title if Landlord files an affidavit of record, stating that Tenant no longer occupies the premises and that Tenant's right of possession has been lawfully terminated. LANDLORD: Wilson P,aza Associates, L. P. Focus investment Co. L.L.C. General Partner By Robert Fl. Winter General Manager Date signed TENANT: Date signed LEASE ADDENDUM OF SEPTEMBER 2, 2004 The lease dated April 13, 2004, between Landlord, Wilson Plaza Associates, L.P., and Tenant, The City of Corpus Christi. The above referenced lease is for the demised premises located at 615 Leopard St., Suite 113, Corpus Christi, Texas, and is hereby amended on page 1 to read as follows: (c) "Demised Premises": Additional net rentable space of 979 square feet as defined by BOMA standards of measurements, shall be added to the existing square footage for a total of 4,710 net rentable square feet. (4) "Basic Rental": A total sum of $395,640.00 (three hundred ninety-five thousand six hundred and forty dollars) payable at 900 Wilson Plaza, Corpus Christi, Nueces County, Texas, in monthly installments of $4,710.00 (four thousand seven hundred and ten dollars) in advance during the lease term beginning September 12, 2004, and ending September 11, 2011. There will be a $25.00 charge for any checks returned for non -sufficient funds. Armando Chapa, City Secretary City of Corpus Christi t/i /DY Date e K. Noe, City Manager City of Corpus Christi Date APPROV • AS TO FORM- .410106,-- if„,/ ORM' Strr e Zastrow, Asst City Attorney for. City Attorney, City of Corpus Christi Attachments: Exhibit "A" Legal D"escript:a Exhibit "B" Improvement kthibit "C" Construction Fnaz` Robert H. inter, General Manager Focus Investment Co., L.L.C. General Partner Wilson Plaza Associates, L.P. Date Date EXHIBIT "A" LEGAL DESCRIPTION Situated in the County of Nueces, State of Texas, to -wit: TRACT: Lot No. One (1), Two (2), Three (3), Four (4), Five (5) and Six (6) in Nixon Replat of the Lots No. Five (5), Six (6), Seven (7), and Eight (8), Block Three (3), BLUFF PORTION of the City of Corpus Christi, Nueces County, Texas, according to the map or plat thereof, recorded on Volume 4, Page 18, Map Records, Nueces County, Texas. TRACT II: Lots (2), in Block Three (3), Four (4), Nine (9), Ten (10), Eleven (11) and Twelve (12), in Block Three (3), of the BLUFF PORTION of the City of Corpus Christi, Texas, as shown by the map or plat thereof„ recorded in Volume A, Page 3, Map Records, Nueces County, Texas. TRACT 111: Being a part of the BLUFF PORTION of the City of Corpus Christi, Texas, as shown on the map or plat of said city, recorded in Volume A. Page 3, Map Records, Nueces County, Texas and being more particularly described by Metes and bounds as follows: BEGINNING at a drill hole, in a concrete retaining wall, in the east boundary line of North Carancahua Street, the southwest comer of Block 3, BLUFF PORTION of the City of Corpus Christi, Texas and southwest ref ttae-R:-Ik‘#leber�TraeWoMhe=horthwest=caover-of_thi&sutarewZ1;aence=5 _ _.. _. ... _- : races 1_ _ _ _� _.. ._.. East with the south boundary line of said Block 3, and north boundary line of said Kleberg Tract, and with the general course of an old board fence, 301.76 feet to a ane inch iron pipe in the west boundary line of North Broadway, the Southeast comer of said Block 3, the northeast comer of said Kleberg Tract, for the Northeast comer of this survey; THENCE South 1 degree 00'West with the said West boundary of North Broadway, and east boundary line of said Kleberg Tract, 50 feet to a one inch iron pipe for the Southeast comer of this Survey; THENCE North 88 degrees 31'20" West parallel with said south boundary line of Block 3, and north boundary line of said Kleberg Tract, 301.84 feet to a drill hole in a .concrete retaining wall in said east boundary line of North Carancahua Street, and west boundary line of said Kleberg Tract, for the southwest comer of this survey; THENCE North 1 degree 05'20" East with said east boundary line of North Carancahua Street and west boundary line of said Kieberg Tract, 50 feet to the PLACE OF BEGINNING and being the same land as described in a certain deed dated May 5, 1930, from R. M. Kleberg, and wife, Mamie S. Kleberg to D. K. Martin, Trustee, which is recorded in Volume 194 page 138-139, Deed Records, Nueces County, Texas. EXHIBIT "B" IMPROVEMENTS The work to be completed by the Landlord and paid for by the Tenant is listed below. Expansion #2 as shown on Exhibit "CA: 1. An 8' x 5' ramp and an 8" slope with a 4' high x 5" wide sheetrock, textured and painted wall that runs alongside the ramp. 2. Repair walls where necessary paint to match offices Ashmore Paint "blue jean" 3. *Install 2 fire rated doors Both new doors will be wired for mag locks. Locks and hardware shall be supplied and installed by City 4. Repair carpet where possible or paint concrete floor 5. Permits TOTAL construction $8,200.00 Expansion #$ as shown on Exhibit KC": 1. Remove and cap off HVAC duct for the fire wall - ddi+atlretm �ad�#ng=spaeetasewsaew space --. 3. Construct a 6' fire wall, texture, sheetrock and paint Ashmore paint "blue jean" 4. Install 2 four-plex outlets in newly constructed fire wall 5. Install building standard ceiling . 6. Install building standard lighting 7. Install cove base to match existing space 8. Paint floor gray to match existing space 9. Permits TOTAL construction $2,150.00 Additional items: 1. Smoke dampers 2. Light fixture enclosures 3. Wrapping the PVC pipes TOTAL installation $1,300.00. The completion cost for the expansions including the additional items mentioned above is $9,650.00 RESTRODMS LRETRcIOM S RESTRGDMS aJ C WALL 4'HIGH X 5'WIDE X 8'LONG i v v EXHIBIT "C" CONSTRUCTION PLAN -102- INSERT STATE OF TEXAS ) COUNTY OF NUECES ) OFFICE LEASE EXTENSION AGREEMENT 1. PARTIES: That on this 27th day of September, 2011, this Lease extension made between Wilson Plaza Associates L. P. Corpus Christi, Texas, as Landlord, and Citv of Corpus Christi Tenant. Landlord teases to Tenant and Tenant leases from Landlord, upon the terms and conditions herein and those set forth in the previous Lease agreement dated September 12, 2006, unless otherwise agreed herein, the demised premises described below. A copy of the original, September 12, 2006 lease agreement is available in the managers office, address below. 2. DEMISED PREMISES: The demised premises and building in which the premises are located, are described as follows: Building Name: Wilson Plaza Suite No. 113 Building street address, city, county, state: 606 N. Carancahual Corpus Christi. Nueces, Texas. Net rentable s . uare footage of 5.443 as defined by BOMA standards of measurements. 3. TERMS: The term of this lease shall be for two (2) Years firm commencing on December 1, 2011 and ending November 30, 2013. 4. RENTS: Rent shall be $6,197.83 per month, payable in advance, on'the first of each month at Landlord's office, if any, in the above building; otherwise, at such other address in said county aslae u% u y furnished by Landlord for such purposes, 900 Wilson Plaza West. Co�Miiisti,tnetx\78401-0669. Rent received after the first shall be deemed as delinquent • In the event any rent payable pursuant to this Agreement is not timely paid and remains unpaid for a period of ten (10) days after payment would otherwise be due, then a late payment charge shall be due and payable upon demand of Landlord in an amount equal to fifteen percent (15%) times the amount unpaid for each partial or full calendar month during which such rent remains unpaid. This charge shall be in addition to all other remedies provided for the rvivgusilease agreement. f?1, 5. USE: Tenant, shall se21)e premises for the following purpose and no other (nature of Tenant's business) Municipal Court 6. TENANT BROKER: In the event Tenant employs a broker to negotiate future Lease transactions, whether expansions or renewals, the fee charged by the Tenant's Broker shall be paid by the Tenant and not included in the new Lease. EXECUTED this the day of , 20 Wilson Plaza Associates, L.P. Landlord: Focus Investment Co. L.L.C. General Partner By Herman A. Parker Date: # Tenant: Date: EXHIBIT "A" LEGAL DESCRIPTION Situated in the County of Nueces, State of Texas, to -wit: TRACT: Lot No. One (1), Two (2), Three (3), Four (4), Five (5) and Six (6) in Nixon Re -plat of the Lots No. Five (5), Six (6), Seven (7), and Eight (8), Block Three (3), BLUFF PORTION of the City of Corpus Christi, Nueces County, Texas, c asing to the map or plat thereof, recorded on Volume 4, Page 18, Map Records, Nueces County, TRACT II: Lots (2), in Block Three (3), Four (4), Nine (9), Ten (10), Eleven (11) and Twelve (12), in Block Three (3), of the BLUFF PORTION. of the City of Corpus Christi, Texas, as shown by the map or plat thereof, recorded in Volume A, Page 3, Map Records, Nueces County, Texas. TRACT III: Being a part of the BLUFF PORTION of the City of Corpus Christi, Texas as shown on the map or plat of said city, recorded in Volume A. Page 3, Map Records, Nueces County, Texas and being more particularly described by Metes and bounds as follows: BEGINNING at a drill hole, in a concrete retaining wall, in the east the boundary r line i nuo Christi, of Nr Carancahua Street, the southwest corner of Block 3, BLUFF PORTIONCity P e_acc cnurthwest corner of the R. M. Kleberg Tract, for the northwest comer of this survey; ThenceSouth 88 degrees boundary line of said Kleberg Tract, and with the general course of anold board o rdt fence,cn301.76 .76saifeet to a one inch iron pipe in the west boundary line of North Broadway, the lock 3, the northeast comer of said Kleberg Tract, for the Northeast corner of this survey; THENCE south 1 degree 00' West with the said West boundary of North Broadway, and east boundary line of said Kleberg Tract, 50 feet to a one inch iron pipe for the Southeast corner of this Survey; THENCE North 88 degrees 31'20" West parallel with said south boundary line of Block 3, and north boundary line of said Kleberg Tract, 301.84 feae�dto estilbaundary lhole in a ine of te saidretaining Klebergwall Tract,said fo tithe ast boundary line of North Carancahua Street, southwest corner of this survey; THENCE North 1 degree 05'20" East with said east OF BEGINNING boundary E line Carancahua and being the same west boundary line of said Kleberg Tract, 50 feet to the PLA land as described in a certain deed dateds May recorded 5, 1m Volume 0, from �94 page. M. l 138-139, Deed Records, erg, and wife, Mamie S. Kleberg to D. K. Martin, Trustee, which i Nueces County, Texas. EXHIBIT °B" FLOOR PLAN EXHIBIT "C" LANDLORDS'S IMPROVMENTS Tenant accepts the demised premises in "As is" condition EXHIBIT "D" RENEWAL OPTION At the end of the original lease term, November 30, 2013, Tenant shall have the right to renew this lease for a period of three (3) one (1) year periods, provided that Tenant delivers to Landlord written notice of Tenant's intent to renew at least 120 days prior to the end of the lease term. However, Tenant shall not have such right of renewal if Tenant is in default as defined elsewhere in this Lease either at the time of such notice of renewal or at the end of the lease term. The terms of this lease during such renewal term shall continue, including rent adjustments as defined elsewhere in this Lease. STATE OF TEXAS . } KNOW ALL MEN SY THESE PRESENTS COUNTY OF NUECES } LEASE AGREEMENT BY THE CITY OF CORPUS CHRISTI AND WILSON PLAZA ASSOCIATES, L.P. That on this 12th day of Septemhpr, 2006 LANDLORD, Wlr, + Pima, Assnria+r p AND TENANT, [:ify of Corp', _Christi, for and in consideration of the sum of TEN DOLLARS ($10.00), and other good and valuable consideration and the mutual covenants and agreements herein contained, the receipt and sufficiency of which is hereby expressly acknowledged, Landlord hereby leases, demises and lets unto Tenant, and Tenant hereby accepts the Demised Premises to have and to hold for the lease term and upon the terms and conditions hereinafter stated and agreed to, to wit: DEFINITIONS AND BASIC PROVISIONS: The following definitions and basic provisions shall be construed in conjunction with and limited by the reference thereto in other provisions of this lease and the Exhibits attached hereto: (a) "Landlord Wilsnn Placa Associates L P _6 N Caro na - s_Chrisii,Z7C..7�4Z6 (b) 'Tenant": City of Corpus Christi "Address". 615 Leopard Suite #113-A Corpus Christi, TX 78476 (c) "demised Premises": Approximately 5.943 net rentable square feet in: The Wilson Plaza: an additional the City of Corpus Christi, Nueces County, Texas, (see Exhibit "A": Legal Description), address of such premises being shown and outlined on attached Exhibit 'B": (d) "Lease Tenn": A period of five (5) years commencing on and ending Sntejmber 3Q 7011 (e) "Basic Rental": A total sum of $ 3964E10 00 'Area_ Hunte Twat* Six Thousand Five Hundre4 Fighty__and potion Dollars) payable at Wilson Plaza, 606 N. Carancahua, #900, Corpus Christi, iklueoes County, Texas, in monthly installments of $� in advance, during the lease term. There will be . a $2A0 charge for any checks returned for non -sufficient funds. Any penalties for late payments by the City are governed by the Texas Government Code. (f) "Prepaid Rental": $5,100 representing payment of rental for the first month of the lease' term. (g) "Security Deposit": $No Security Deposit is on file and none is required. (h) 'Trade Name" and "Permitted Use": Municipa1C:nt,rts, 2006-398 99/12/06 M2006-290 Wilson Plaza Associates LANDLORD'S SERVICES TO TENANT: A. Janitorial service (five days a week, Monday through Friday) B. Trash and garbage disposal C. Provide adequate restroom facilities and maintain and keep such facilities sanitary and in operating condition, providing sufficient supplies (soap, toilet tissue, towels and disinfectant) O. Maintain, clean and keep all entranceways, halls and hallways free of unnecessary obstructions and well lit E. Lighting fixtures shall be maintained, including the replacement of fluorescent tubes of proper wattage F. Maintain and keep in good repair the roof and exterior of the building in which the demised premises are located and to maintain and keep in good repair all side walks, walkways, parking areas, private streets, roads and alleys that are a part of the development G. Electricity, water and sewer Failure to any extent to furnish or any stoppage of these defined services, or from any cause, shall not render Landlord liable in any respect for damages to either person or property, nor be construed as an eviction of Tenant or an abatement of rent, nor relieve Tenant from fulfillment of any covenant or agreement hereof. Landlord, where responsible, shall use reasonable diligence to reinstate any terminated services listed above promptly, but Tenant shall have no claim whatsoever for rebate of rent or damages on account of any interruptions in service occasioned thereby resulting therefrom. This lease is conditioned upon faithful performance by Tenant of the agreements, covenants, rules and regulations herein contained and agreed to by Tenant. PAYMENTS: Tenant will pay all rents and sums provided to be paid by Tenant hereunder at the times and in the manner provided. The obligation of Tenant to pay rent is an independent covenant and no act or circumstance whatsoever, whether such act or circumstance constitutes a breach o'f covenant by Landlord or not, shall release Tenant of the obligation to pay rent, except as expressly provided herein. CONSTRUCTION OF IMPROVEMENTS: Landlord shall proceed to construct the Demised Premises in compliance with the description of the Landlord's work in Exhibit "C" attached hereto and construct the improvements in accordance with the construction plan, approved by both parties and attached hereto as Exhibit "D". Any differences between Exhibit "C" and Exhibit "D", Exhibit "D" will govern. POSSESSION: The parties hereto anticipate that the leased premises will be ready for Tenant's occupancy on 10-01-06, if the leased premises are not ready for occupancy on 10-01-06, then the commencement of this lease shall be extended until the leased premises are ready for Tenant's occupancy at which time the events called for herein shall begin. If the leased premises are not ready for Tenant's occupancy on or before 10-01-06, and such delay is not due to default of Tenant, then Tenant shall have the right to declare this lease canceled. If Tenant elects to exercise its right of termination, Tenant shall not have any claim against Landlord for breach of contract, damages or otherwise, and Tenant's only remedy shall be cancellation of this lease. Prior to exercising this option to terminate this lease, Tenant shall give Landlord 45 days notice in wilting in advance of its intention to exercise such option. If the leased premises are ready for Tenant's occupancy prior to the end of said 45 days period, or before notice of cancellation is actually received by Landlord, then this lease shall not be canceled but shall remain in full force and effect. If possession is taken prior to commencement date, then the rent shall be pro -rated. NET RENTABLE AREA: The term "Net Rentable Area (NRA)" as used herein shall refer to all floor areas within the inside surface of the exterior wall enclosing the portion of the leased premises and measured to the mid -point of the walls separating areas leased by or held for lease to other tenants or from areas devoted to corridors, elevator foyers; restrooms, mechanical rooms, janitor closets, building stairs, and other similar facilities for use of all tenants of the building (hereinafter called 'Common Area"), but including a proportionate portion of the Common Area factor equal to 1.19742 % of the leased premises square footage excluding such Common Area allocation. No deductions from NRA are made for columns or projections necessary to the building. COMMON AREA MAINTENANCE: The Common Area is the part of the office building designated by Landlord from time to time for the common use of all tenants, including among other talkies, sidewalks, landscaping, curbs, loading areas, private streets and alleys, lighting facilities, hallways, restroorns and other areas and improvements provided by Landlord for the common use of ail Tenants, all of which shall be subject. to Landlord's sole management and control and shall be operated and maintained in such a manner as Landlord, in Its discretion, shall determine. Landlord reserves the right to change from time to time the dimensions and locations of Common Areas and to construct additional buildings, and to eliminate buildings from the plan es shown on Exhibit h6" Tenant and its employees, subtenants, licensees and concessionaires shall be part. Tenant shall not solicit business or display merchandise within the Common Area, or distribute handb II t .w IC wOU * in a ere -we the rights of the persens to use the CornniOn Area without the prior written consent of Landlord. Landlord may deem it necessary to prevent the public from obtaining prescriptive rights to make repairs or alterations. REPAIRS AND RE-ENTRY: Tenant will at Tenant's own cost and expense, repair or replace any damage or injury done to building or any part thereof by Tenant, tenant's agents, employees, and invitee, and if Tenant fails to make such repairs or replacements promptly, or within fifteen (15) days of occurrence, Landlord may at its option, make such repairs or replacements, and Tenant shall repay the cost thereof to Landlord on demand. Tenant will not commit or allow any water damage to be committed on any portion of the Demised Premises, and shall, at termination of this lease, by lapse of time or otherwise, deliver up said premises to Landlord in as good condition as at the date of possession, ordinary wean and tear excepted, and upon termination of this lease, Landlord shall have the right to re-enter and resume possession of the Demised Premises. ASSIGNMENT SUBLETTING -ALTERATIONS ADDITIONS -IMPROVEMENTS: Tenant shall not assign or in any manner transfer this lease or any estate or interest therein or allow same to be assigned by operations of law or otherwise, or sublet the Demised Premises or any part thereof, or use or permit same to be used for any purpose other than stated in the use clause hereof, without written consent of Landlord. Tenant shall not make or allow to be made any alterations or physical additions in or to the Demised Premises without the written consent of Landlord before making such alterations or physical additions and such consent may not be unreasonably withheld. Such alterations, physical additions, or improvements when made to the Demised Premises by Tenant, shall at once become the property of Landlord and shall be surrendered to Landlord upon - _ r 1- al 1 termination in any manner of this lease; this clause shall not apply to movable fixtures or furniture of Tenant. Tenant can remove fixtures placed in the leased premises solely by Tenant so long as removal does not damage the leased premises or make it less rentable, In Landlord's opinion. Tenant cannot remove carpet or wall covering. TENANT INSURANCE: It is expressly understood and agreed by the parties that Tenant is a self- insured Texas home rule municipality and will self -insure itself against all claims, demands or actions arising out of or in connection with the Tenant's use or occupancy of the demised premises. Upon request of the Landlord. Tenant will provide proper proof of self-insurance for the lease term. USE VIOLATIONS AND INSURANCE COVERAGE: Tenant will not occupy ar use or permit any portion of the Demised Premises to be occupied or used for any business or purpose which Is unlawful in part or in whole ar deemed to be disreputable in any manner, or extra hazardous on account of fire-, nor permit anything to be done which will in any way increase the rate of fire insurance on the building or its contents, and in the event that by reason of acts of Tenant, there shall be an increase in the rate of insurance on the building or its contents created by Tenant's acts • or conduct of business, then Tenant hereby agrees to pay such increase. LOSS AND DAMAGE TO TENANT PROPERTY: Tenant agrees that its use and occupancy of the Leased Premises and such other portions of the Office Building as it is authorized to use under the terms of this lease shall be wholly and at its own risk, Landlord shall have no .liability for loss or damage to the fixtures or the personal property of Tenant, or those claiming under Tenant whether - ---- water, gas sewer pipes or otherwise, nor for injury or death to any person, unless such lass, damage, injury or death is caused by the negligent act or omission of Landlord. •cc rt i.• • 11 -. .a_ .11 • P e INDEMNITY LIABILITY AND LOSS OR DAMAGE: By taking possession of the Demised Premises, Tenant accepts same as suitable for the purpose for which same are leased and accepts the building and each and every appurtenance thereof, and Tenant by said act waives any and all visible defects as well as defects that are ascertainable by the exercise of due diligence. To the extent allowed under Texas law, Tenant agrees that if the Landlord is made a party to any litigation against Tenant relating to property loss or injury which occurred on the Demised Premises during the term of this Lease, and such property loss or injury is not caused in whole or in part by negligent act or omission of Landlord, then Tenant shall, upon receipt of reasonable notice regarding commencement of litigation, hold Landlord harmless and pay all costs, expense, and reasonable attorney fees. DAMAGE CLAUSE: If the Demised Premises or the building in which the demised premises are located shall be damaged by any means or cause whatsoever except as stipulated under section for "Tenant Responsibilities," not caused or contributed to by the negligence or fault of Tenant, its employees, servants, agents, invitee or visitors, and if repairs of said damage can be reasonably expected to be substantially completed within a period of thirty (30) days by using standard working methods and procedures, Landlord shall within a reasonable time after occurrence of said damage, enter and make repairs and this lease shall not be affected but shall continue in full force and effect. However, if said damage cannot be repaired within a period of thirty (30) working days by using standard working methods and procedures, then this lease shall cease and terminate as of the date of the occurrence, and Tenant shall pay rent hereunder to such date and immediately surrender the Demised Premises to Landlord. if Landlord restores the Demised Premises, Landlord shall within a reasonable period of time enter and make repairs and this lease shall not be affected except that rents hereunder shall be reduced or abated while such repairs are being made for the period of time and in the proportion that the Demised Premises are un tenantable. If, however, such damage is contributed to by or results from the fault or negligence of Tenant, Tenant's employees, agents, servants, invitee or visitors, such damage shall be repaired by and at the expense of Tenant, under the control, direction and supervision of Landlord, and the rent shall continue without abatement or reduction. The completion of the repairs of all such damage is subject to reasonable delays resulting from survey of such damage, obtaining plans and letting contracts for repair, adjustments of insurance, strikes, labor difficulties, unavailability of materials or other causes beyond the control of the party obligated to make such repairs. SUBROGATION: Landlord and Tenant agree and covenant that neither shall be liable to the other for loss arising out of damage to or destruction of the Demised Premises or contents thereof when such loss is caused by any perils included within the State of Texas fire and extended coverage insurance policy. This agreement shall be bindin • whether or not such dame a or destruction be -causey :...0 . ne ence o -el : er.. .... . _. . _.. _.._ .._. g g party -or t "ear agents; employees or visitors. LAWS AND REGULATIONS: Tenant will maintain the Demised Premises in a clean and healthful condition and comply with all laws, ordinances, rules and regulations (State, Federal, Municipal, and other agencies or bodies having jurisdiction thereof) with reference to use, conditions or occupancy of the Demised Premises. RULES: Tenant and Tenant's agents, employees and invitee will comply fully with all requirements and rules of the building, as set forth in Exhibit "E" hereof. Landlord shall at all times have the right to change such rules and regulations or to amend them in such reasonable manner as may be deemed advisable for safety, care and cleanliness of premises and for preservation of good order therein, all of which rules and regulations, changes, amendments will be forwarded to Tenant in writing. ENTRY FOR REPAIRS AND INSPECTION: Tenant will permit Landlord or owner or their officers, agents and representatives right to enter into,and upon any and all parts of the Demised Premises at all reasonable hours to inspect same or clean or make repairs, alterations or additions as Landlord may deem necessary and Tenant shall not be entitled to any abatement of or reduction in rent by reason thereof. NUISANCE: Tenant will conduct its business and control its agents; employees and invitee in such a manner as not to create a nuisance. interfere with, annoy or disturb other tenants or Landlord in the management of the building. CONDEMNATION: Should the Demised Premises or the building be taken or condemned in whole or in part for public purposes, then the term of this lease shall, at the option of the Landlord, forthwith terminate. Landlord shall receive the entire award from such taking and Tenant shall have no claim. HOLDING OVER: In case of holding over by Tenant after expiration or termination of this lease, or of any renewal or extension thereof, Tenant will pay as liquidated damages double rent for the entire holdover period and will pay all attomey fees and expenses incurred by Landlord in enforcing its rights hereunder. No holding over by Tenant after the term of this lease, as such may be renewed or extended either with or without consent and- acquiescence of Landlord, shall operate to extend this lease for a longer period than one (1) month unless a holdover agreement in writing specifies a longer period, and any holding over with the consent of Landlord in writing (unless such consent shall specify a longer period) shall thereafter constitute this lease as a month-to-month. APPROPRIATION CLAUSE. All parties recognize that the continuation of this lease agreement after the close of any fiscal year of City, which fiscal year ends on July 31 of each year, shall be subject to appropriations and budget approval providing for covering this lease agreement as an expenditure in said budget. City does not represent that the budget item will be actually adopted, said determination being within the sole discretion of the City Council at the time of adoption of such budget. The parties agree that payment of monthly rental rate is subject to annual appropriation of funds for this lease agreement by the City of Corpus Christi. If the lease Is not a bud et item fora fis " " " E_.. - .. ! . -lease funds have been appropriated. RENTAL ADJUSTMENT: The monthly rental from the anniversary date of this lease to December 31st of such calendar year shall be as set forth in paragraph (e) Definitions and Basic Provisions of this lease. Effective on the. first day of January of the calendar year immediately following the anniversary year of the execution of this lease and each January first of each year during the term of this lease, an adjustment of the monthly rental shall take place. Such adjustment shall be based upon the greater of (a) the Consumer Price Index (CPO) (Section 1 below) or (b) the prorated share of Actual Expense Increase of taxes, insurance and utilities (See Section II below). However, in no event shall the Tenant's rent be increased in the same year by both the Consumer Price Index method and the Actual Expense Increase method. 1. CONSUMER PRICE INDEX - On the 1st day of January of each year referenced above, the Consumer Price Index, all items, U.S., 1967=100, (or the replacement index if the Consumer Price Index has been discontinued) will be compared to the Index on the origination date of this lease and any increase will be multiplied against the monthly rental set forth in paragraph (e) Definitions and Basic Provisions, to determine the monthly rental rate for the next ensuing months (January through and including December). IL' ACTUAL EXPENSE INCREASE: Effective on the lst day of January of each year referenced above, the total expense of taxes, insurance and utilities for the months of January through and including December or the previous calendar year shall be compared to the total expense of taxes, insurance and utilities (which maybe required to be estimated by Landlord) for the next 12 months (January through and including December) and the Tenant's monthly rent shall be increased by 1112th of the Tenant's prorated share of such increases in expenses. Tenant's prorated share shall be determined by dividing Tenant's net rentable space by the total net rentable space in the building. in the event that such an increase is due under this lease, Landlord may notify Tenant in writing of any such increase in the monthly rent, which will then become effective for the months of January through and including December of the applicable calendar year. in the event Landlord fails for any reason t5 notify Tenant of the. increase, or if such increase is not determined until after the 1st day of January of the effective calendar year, such will not abate or waive the additional rental sums due Landlord and Tenant shall pay all such sums upon demand. The term "calendar year" as used herein means for the months of January through and including December of the year affected by the increase. By way of an example only, If a lease is effective ori October 1, 1993 then on January 1, 1995, the monthly rental rate shall be increased based upon one of the methods described above (the Consumer Price Index method or the Actual Expense I ncrease method) for the calendar year 1994. TENANT DEFAULT AND REMEDIES: The following events shall be deemed to be events of Default by Tenant under this lease: (1) Tenant shail fail to pay any installment of rent here under and such failure shall continue for a period of ten (10) days. (2) Save and except for monthly payment of rent, which is covered in subparagraph (1) above, Tenant shall fail to comply with any term, provision or covenant of this lease, and shall not cure such failure within thirty_(30) days.eettmr wrtiten neii eaBef io_ Tenent, r T..nar it,.,_ al not ave proceeded with all due diligence to cure such failure on such a manner that such failure is cured in any event within ninety (90) days, after written notice thereof to Tenant. (3) Tenant or guarantor of Tenant's obligations under this lease shall become insolvent or shall make a transfer in fraud of creditors, or shall make an assignment for the benefit of creditors. (4) Tenant or any guarantor of Tenant's obligations under this lease shall file a petition under any section or chapter of the National Bankruptcy Act, as amended, or under any similar law or statute of the United States or any state thereof; or Tenant or any guarantor of Tenant's obligations under this lease. (5) A receiver of Trustee shall be appointed for the Demised Premises or for all or substantially all of the assets of Tenant or any guarantor of Tenant's obligations under this lease. (6) Tenant shall desert or vacate any substantial portion of the premises. (7) Tenant shall do or permit to be done anything, which creates a lien upon the premises. Upon the occurrence' of any such events of default, Landlord shall have the option to pursue any ane or more of the following described remedies, in addition to all other tights and remedies provided at law or in equity, without any notice or demand whatsoever: (A) Landlord may declare this lease terminated by giving notice to Tenant of Landlord's election to terminate the lease and thereby relieving Landlord and Tenant from further liability hereunder. (B) Landlord may terminate this Lease Agreement and the terms created thereby and forthwith repossess the Demised Premises, with or without process of law, and remove all persons or property from the Demised Premises without being deemed guilty of trespassing or without prejudice to any other remedy of Landlord for such default. Upon such termination, Landlord shall be entitled to recover as damages a sum of money equal to the total of (i) the cost of recovering the Demised Premises; (11) the unpaid rent eamed at the time of termination, plus interest thereon at the maximum lawful rate per annum from the due date; (ill) the present value of the balance of the rentals due for the remainder of the lease term, plus interest thereon at the maximum lawful rate. and (iv) other sums of money and damages owed by Tenant to the Landlord. (C) The Landlord may terminate the Tenant's right of possession (but not the Lease) and may repossess the Demised Premises by forcible entry or detainer suit or otherwise, without demand or notice of any kind to the Tenant and without terminating this Lease, in which event the Landlord may, but shall be under no obligation to do so, relet the same for the account of the Tenant for such reletting the Landlord is authorized, but not required to decorate or to make any repairs, changes, alterations or additions In or to the Leased Premises that may be necessary or convenient. If the Landlord shall fail or refuse to relet the demised premises, or if the demised premises are relet and a sufficient sum shall not be realized from such reletting to pay or satisfy the total of (I) the cost of recovery of the demised premises; (ii) the cost and expenses of such decorations, repairs, changes, alterations and/or additions; (iii) the unpaid rent earned at the time of termination of the Tenant's right of possession plus interest thereon at the maximum lawful rate from the due date; (iv) the present value of the balance of the rentals due for the remainder of the lease I ntar a tm of menet' in___ damages owed by the Tenant to the Landlord; then, in that event, the Tenant shall satisfy and pay any deficiency which exists upon demand therefore by Landlord. The Tenant agrees that the Landlord may file suit to recover any sums falling due under the terms of this paragraph. No delivery or recovery of any portion due the Landlord hereunder shall be any defense to any subsequent action brought for any amount not theretofore reduced to judgement in favor of the Landlord nor shall such reletting be construed as an election on the part of the Landlord to terminate this lease, unless a written notice of such intention be given to the Tenant by Landlord. Notwithstanding any such reletting without termination, the • Landlord may at any time thereafter, elect to terminate this Lease for previous breach. In no event shall Tenant be entitled to receive any excess of any rent obtained by resetting over and above the Basic Rental herein provided. (D) The Landlord may take such action required to cure the breach and bill Tenant for any expenses incurred by the Landlord in curing such breach, and the Tenant shall be obligated to pay such bill immediately upon its receipt by Tenant. ATTORNEY FEES: If on account of any breach or default by Tenant in its obligations hereunder, Landlord shall employ an attorney to enforce or defend any of Landlord's rights or remedies hereunder, Tenant agrees to pay any reasonable attorney's fees incurred by Landlord in such connection. LATE PAYMENT CHARGES Late Payment charges shall accrue as authorized under the Texas Government Code, Chapter 2251, This charge shall be in addition to all other remedies provided for herein. QUIET POSSESSION: Landlord hereby covenants that Tenant, upon paying rent as herein reserved, and performing all covenants and agreements herein contained on part of Tenant, shall and may peacefully and quietly have, hold and enjoy the Demised Premises. SUBORDINATION: Tenant hereby subordinates this lease and all rights of Tenant hereunder to any mortgage or mortgages, or vendor's lien or similar instruments shall be superior to and prior to this lease. Tenant further covenants and agrees that if any mortgagee or other lien holder acquires the Demised Premises by foreclosure, or if any other person acquires the Demised Premises as a purchaser at any such foreclosure sale (any such mortgagee orother lien holder or purchaser at any such foreclosure sale being each hereinafter referred to as "The Purchaser at Foreclosure"), Tenant shall thereafter, but only at the option of the Purchaser at Foreclosure, as evidenced by the written notice of its election given to Tenant within a reasonable time thereafter, remain bound by novation or otherwise to the same effect as if a new and identical lease between the Purchaser at Foreclosure as Landlord and Tenant as Tenant, had been entered into for the remainder of the term of the tease in effect at the institution of the foreclosure proceedings. Tenant agrees to execute any instrument or to confirm any election to continue this lease in effect in the event of foreclosure, as above provided. SEVERABILITY: if any clause or provision of this lease is illegal, invalid or unenforceable under present or future laws effective during the term of this lease, then and in that event it is the intention of the • - miss hereto t a - rritention of the parties to this lease that in lieu of each clause or provision that is illegal, invalid or unenforceable, there be added as a part of this lease a clause or provision as similar in terms to such clause or provision as may be possible and legal, valid and enforceable. The caption of each paragraph hereof is added as a matter of convenience only and shall be considered to be of no effect in the construction of any provision or provisions of this lease. MULTIPLE TENANTS: If more than one Tenant is named in this lease, the liability of each shall be joint and several. MISCELLANEOUS: 1. Tenant shall not place. install or operate in the Demised Premises or in any part of the building, any engine or machinery, or maintain, use or keep any inflammable explosive or hazardous material nor do any work causing noxious or malodorous fumes of any kind whatsoever without prior written consent of Landlord. 2. No signs, advertisements or notices shall be painted or fixed on or to any windows, or doors, or other parts of the building, except of such color, size and style, and in such places as approved by Landlord. 3. Tenant shall refer all contractors, contractor's representatives and installation technicians, rendering any service to Tenant to Landlord for Landlord's supervision, approval and control before the performance of any contractual service is done. This provision shall apply to all work performed in the building including installations of telephones, telegraph equipment, electrical devices, and attachments, and installations of any nature affecting floors, walls, woodwork, trim, windows, ceiling equipment or any other physical portions of the building. --1 17 -- Landlord shall not be responsible for any work or for contractor, contractor's representatives, or installation technicians who render any services for the Tenant and Tenant shall hold Landlord harmless therefrom. 4. Directory strips shall be furnished upon move -in, strips requested after Landlord will furnish move -In with an applicable charge. 5. No portion of Tenant's area or any other part of the building shall at any time be used or occupied as sleeping quarters or lodging quarters. 6. MI services rendered by Building personnel who is the responsibility of the Tenant will be charged at current rates, which are subject to increase, with a minimum one (1) hour. 7 Landlord will not be responsible for lost or stolen personal property, equipment, money or jewelry from Tenant's area or public rooms regardless of whether such loss occurs when the area is locked against entry or not. 8. All plans for any improvements or alterations made by Tenant and at Tenant's expense, must be submitted for Landlord's approval. Upon completion of said improvements or alterations, "as built" drawings shall be furnished to Landlord by Tenant at Tenant's expense. 9. Landlord will not permit entrance to Tenant's suite by use of pass keys controlled by Landlord to any person at any time without written permission by Tenant, except employees, contractors, or service personnel directly supervised by Landlord. 10 Tenant warrants that It has had no dealing with any broker or agent in connection with negotiation or execution of this lease other than Landlord's broker, if any. Landlord's broker is ARMCO - Gulf Coast, LTD. CO. RELOCATION: Upon at least sixty (60) days' notice to Tenant, the Landlord shall have the right to relocate Tenant within the building in a designated space which is the same size or larger and of the same quality and style and suited to Tenant's use. Such relocation shall be made at Landlord's sole expense, including necessary reprinting of Tenant's stationary, envelopes, business cards, door signs, exterior signage, and to re-establish the interior as their previous space, etc. Rent shall not be increased if the relocation office space is larger. Relocation date shall be contained in the relocation notice referred to above. Landlord shall not be liable to Tenant or in connection with such relocation except for undue delay or property damages caused by Landlord or Landlord's employees, agents or contractors. if and when relocation occurs, the lease shall be amended so as to substitute the new space for the old, NOTICE: Whenever any Notice or Demand is required or permitted pursuant to the terms and conditions of this Lease Agreement, such Notice or Demand shall be given or served in person or shall be deemed to have been served, whether actually received or not, when such Notice or Demand is reduced to writing and deposited in the United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the party to whom directed as follows: LANDLORD: Wilson laza Associates L. P. 606 N. Grancahua. #900 Corpus ahrrsti, TX 78476 —118— TENANT: The City of Cornus Christi 1201 Leopard St. Corpus Christi, TX 78476 Attn: Director of Municipal Courts Such address may from time to time change by either party hereto by serving Notice as provided herein TENANT BROKER: In the event Tenant employs a broker to negotiate future Lease transactions, whether expansions or renewals, the fee charged by the Tenant's Broker shall be paid by the Tenant and not included in the new Lease. ENTIRE AGREEMENT: It is agreed by Tenant, as a material consideration for the execution of this Lease, that there are, and were, no verbal representations, understandings, stipulations, agreements or promises pertaining thereto not incorporated in writing herein, and it is likewise agreed that this lease shall not be altered, waived, amended or extended otherwise than as provided herein, except same may be done in writing signed by proper authority. TRANSFER OF LANDLORD'S LIEN: Landlord shall have the right to transfer and assign, in whole or in part, all and every feature of its rights and obligations hereunder and in the property and building referred to herein. Such transfers are to be in all things respected and recognized by Tenant. OTHER CONDITIONS: None. WITNESS MY HAND this day of f Wilson waza Associates. L. P. Focus Investment Co.'L. C. General Partner By Robert H. Winter General Manager 20y STATE OF TEXAS } KAREN H. DISHMpN COUNTY OF NUECES } Notary Public, Stare of Texas my commission Exp res This instrument was acknowledged before me on 7=,._ ert Ti 'Winter General ',tanager for Focus Investment Co.LLC, Gen-ral Partner of Wilson Plaza Assam -- , L.P. Printed name of Notary Notary Public in and for the State of Texas My commission expires: WITNESS MY HAND this 1/ day of ,20 CITY OF CORPUS CHRISTI, TEXAS Attest 1 f. C rge K. Noe City Manager Approved as to form: September 1272006 Lisa Aguilar, •istant City Attorney for CityAttom-y STATE OF TEXAS } COUNTY OF NUECES This instrument was acknowledged before me on City Manager for City of Corpus Christi, a Texas municipality. Printed name of Notary ' Armando Chapa City Secretary -14t IT006 by George K. Noe, horse -rule municipality, on behalf of such Notary Public in and for the State of Texa,. My commission expires: SfAflliy� —120— EXHIBIT "A" LEGAL DESCRIPTION Situated in the County of Nueces, State of Texas, to -wit TRACT: Lot No. One (1), Two (2), Three (3), Four (4), Five (5) and Six (6) in Nixon Replat of the Lots No. Five (5), Six (6), Seven (7), and Eight (8), .Bock Three (3), BLUFF PORTION of the City of Corpus Christi, Nueces County, Texas, according to the map or plat thereof, recorded on Volume 4, Page 18, Map Records, Nueces County, Texas. TRACT II: Lots (2), in Block Three (3), Four (4), Nine (9), Ten (10), Eleven (11) and Twelve (12), in Block Three (3), of the BLUFF PORTION of the City of Corpus Christi, Texas, as shown by the map or plat thereof,, recorded in Volume A, Page 3, Map Records, Nueces County, Texas. TRACT III: Being a part of the BLUFF PORTION of the City of Corpus Christi, Texas, as shown on the map or plat of said city, recorded in Volume A. Page 3, Map Records, Nueces County, Texas and being more particularly described by Metes and bounds as follows: BEGINNING at a drill hole, in a concrete retaining wall, in the east boundary line of North -ansalrgiaZtreetrthrseuthwest=earner-ca31 Texas and southwest comer of the R. M. Kleberg Tract, for the northwest corner of this survey; Thence South 88 degrees 31'20" East with the south boundary fine of said Block 3, and north boundary line .of said Kleberg Tract, and with the general course of an old board fence, 301.76 feet to a one inch iron pipe in the west boundary line of North Broadway, the Southeast corner of said Block 3, the northeast comer of said Kleberg Tract, for the Northeast corner of this survey; THENCE South 1 degree 00West with the said West boundary of North Broadway, and east boundary line of said Kleberg Tract, 50 feet to a one inch iron pipe for the Southeast comer of this Survey; THENCE .North 88 degrees 3120" West parallel with said south boundary line of Block 3, and north boundary. line of said Kleberg Tract, 301.84 feet to a drill hole in a concrete retaining wall in said east boundary line of North Carancahua Street, and west boundary line of said Kleberg Tract, for the southwest comer of this survey; pi• THENCE North 1 degree 0520" East with said east boundary line of North Carancahua Street and west boundary line of said Kleberg Tract, 50 feet to the PLACE OF BEGINNING and being the same land as described in a certain deed dated May 5, 1930, from R. M. Kleberg, and wife, Mamie S. Kleberg to D. K. Martin, Trustee, which is recorded in Volume 194 page 138-139, Deed Records, Nueces County, Texas. . E5' • FLOOR FLAN NL123 13 2 or C cm z 41. —0 r 0 NJ -122-- 1 r � EXHIBIT "C" LANDLORD'S IMPROVEMENTS Tenant accepts Demised Premises in "AS IS" condition, Landlord has contracted with an independent company to repair the surface of the open parking lot and to re -stripe the parking spaces_ -1 24- GRANDBERRY � r � EXHIBIT "E" RULES & REGULATIONS FOR PROTECTION OF TENANT AND PROPERTY 1. The requirements of Tenant will be attended to only upon application at the office of the building. Employees of Landlord will not perform or do anything outside of regular duties, unless under special orders from Landlord's Management Office. 2. Tenant will be allowed access to the building between 7:00 am and 6:00 pm. Tenant may also enter the building after these hours using their lobby keys and their office keys. He may exclude anyone not satisfying the watchman of his right to enter the building. The Landlord will in no case be liable for damages far any error with regard to the admission to or exclusion from the building of any person. In case of invasion, riot, public excitement or other commotion, Landlord reserves the right to prevent access to the building during ` the continuance of same by dosing doors or otherwise. 3. The sidewalks, entries, passages, court, corridors, stairways, elevators and all other common areas shall nal be obstructed in any way, by Tenant, his employees or agents, ar used by them for purposes other than for ingress or egress to and from their respective suites_ 4. All safes or other heavy articles shall be carried up or into premises only at such times and in such a manner as shall be prescribed by Landlord, and Landlord shall in all cases have the right to specify the proper weight and position of any such safe or heavy article. Any damage done to the building by taking in or removing of said articles, or during the time they are in the leased premises, in any way, shall be paid by Tenant. Defacing or injuring in any way, in any part of the building by Tenant, his agents or servants, shall be paid by Tenant_ Np furniture, packages, supplies, equipment or merchandise shall be received in the building or carried up or down elevators, except between such hours-arE ksuch a eve ars as s a e designated by Landlord. 6. No sign, fixture, advertisement or notice shall be displayed, painted or affixed by Tenant on any part of the outside or the inside of said building or on or about the premises of any Tenant without the written consent of Landlord, and only then of such color, size, style, materials and other specifications as shall be specified by Landlord and such approval shall not be unreasonably withheld. 7; No Tenant shall obstruct or interfere with the rights of other Tenants or in any way injure or annoy them, or conflict with the laws relating to fire, or with any regulation of the fire department, or with any insurance policy upon said building or any part thereof, or conflict with any of the rules ar ordinances of the Board Of Health Of Corpus Christi, Texas. 8. No Tenant shall employ any person or persons other than the janitor of Landlord for the purpose of cleaning or taking care of the leased premises without written consent of Landlord. Landlord shall in no way be responsible to any Tenant for any loss of property from leased premises, however occurring, or for any damage done to the furniture by the janitor or any of his employees, or by other person or persons whomever, when in the employ of Tenant. The janitor of the building may at all times keep a passkey and he and other agents of Landlord shalt at all times be allowed admittance to the leased premises. 9. No additional locks shall be placed on any doors without the prior written consent of Landlord, nor shalt any duplicate keys be made. Landlord shall furnish elf necessary keys and it shall be surrendered to Landlord upon termination of this lease, and Tenant shall then give Landlord or his agents, explanation of the combination to all locks upon doors of vaults, with the exception of ATM. Landlord will furnish keys requested after initial keys have been made with an applicable charge to Tenant. 10. The restrooms, lavatories, drinking fountains and other water fixtures shall not be used for any purpose other than those for which they were constructed, and any damage resulting to them from misuse, or defacing or injury of any part of the building shall be borne by the person who shall occasion it. No person shall waste water by interfacing with the faucets or otherwise. Drinking fountains are not to be used for the cleaning of coffee pots. Coffee grounds are not to be disposed of in drinking fountains pr sinks. 11 No person shall disturb the occupants of the building by the use of any musical instrument, the making of unseemly noises, or by interfering in any way. No animals will be allowed in the building, with the exception of such animals as specifically trained to aid the handicapped. 12 No bicycles or similar vehicles are to be allowed in the building. 13 Nothing shall be thrown or lowered from any of the windows from the building or down the stairwells or other passages. 14. Landlord shall not be liable for any damages from the stoppage of elevators for necessary repair and maintenance or desired repairs and improvements or delays of any sort or duration in connection with the elevator service_ 15. If Tenant desires telegraphic, telephonic or other electronic connections, Landlord or its agents will direct the technicians as to where and how the wires may be introduced, and without such directions no boring or cutting of wires will be permitted. 16. Tenant shall not be permitted to use or keep in the building, any kerosene, camphene, burning fluid or other illuminating materials, except candles, and except the electricity in general use in the building. Ieepingroeekin �........... the demised premises without the written consent of Landlord, with the exception of normal microwave oven use. 18. Landlord reserves the right to exclude or expel from the building any person who, in the judgement of Landlord, is intoxicated or under the influence of liquor or drugs, or shall in any manner do any act in violation of any rules and regulations of the building. 19. Movement in or out of the building of furniture or office equipment or dispatch or receipt by the Tenant of any merchandise or materials which require the use of elevators or movement through the building entrances or lobby shall be restricted to the hours designated by Landlord. The Land -lord may require any such movement of furniture or equipment that will interfere with normal building traffic is to be restricted to odd hours, as follows: after 6:00 am Monday through Friday, or Saturday and Sunday. 20. Removal of furniture from the building will require presentation of a permit or written authorization to an authorized representative of Landlord. Security guards, Janitors, watchmen, as well as employees and agents of Landlord have the right to challenge any and all persons leaving the building with such articles. 21. Canvassing, soliciting or peddling in the building is prohibited without written consent from Landlord, and Tenant shall cooperate to prevent it. 22. All•stairwell doors are to be kept closed at all times. The stairwells are a refuge in case of fire, and an open door may permit smoke to enter the area thereby making evacuation impossible. 23. Use of space heaters of any kind are prohibited in Wilson Plaza. e 4 - N.- 18 1- .,- .,.a: . .1 i :y. —1 26— EXHIBIT "PI MAINTENANCE AND REPAIR Tenant shall promptly reimburse Landlord for the cost of repairing or replacing damage, which is caused by Tenant, Tenant's agents, employees, family, or licensees, invitee, visitors, or customers, plus 10% overhead. Landlord may require advance payment therefor prior to repair or replacement. Landlord shall maintain the interior of Tenant's office space in good repair at Tenant's expense. Landlord shall have the right of approval of all repairmen or maintenance personnel. Tenant shall not damage or allow others to damage any portion of the leased premises. Tenant shall pay for unstopping any drains or water closets in Tenant's office space. —12.7— ev EXHIBIT "G" ACKNOWLEDGEMENT OF LEASE The undersigned parties acknowledge that the lease described below is in full force and effect. Date of lease: eptamher 17.9006 Landlord: Wilson Plaza ASsociates L P Tenant: The City o _Corpus Christi SuiteNo 113-A Square feet of rentable area 5443 Building address- 6151 I anpard City/County/State/Zip: C:arpI,fif hrili, Nuys, Taxes, 78476 Building legal description' The WilsonpJaza an addition to the r40y of arlipl is Christi, NLIOCIPA Col rnty, Texaco (see .111 11.11. being own and outlined on attached Fxhibit"R" The conimencement date, annual anniversary date, and ending date of the initial lease term as defined its paragraph 4.1 of above lease are as follows: Annual Anniversary date (month, day) OctobpL1 Ending date (month, day, year) Seer 30.71111 The pares acknowledge that the lease has not been amended or modified and that his acknawligement may be filed of record with the Texas Secretary of State or the county where the building is located in order to record (1) Tenants possession rights to the leased premises, and (2) Landlord!B contractual landlord lien rights over all personal property therein. The entire lease is hereby alnrmed and incorporated herein. The lease will cease to be an encumbrance to Landlord's title if Landlord files an affidavit of record, stating that Tenant no longer occupies the premises and that Tenant's right of possession has been lawfully terminated. LANDLORD: Iffitscrn:lisza&ssociates_La TENANT: Focus In estment Co. L.L.C. George K. Noe General Partner By City Manager Robert H.Wnter, General Manager General Manager q/ICZC° Signed Date signed —128 - Date 6 FROM • AGENDA D MEMORANDUM far tha C council 1 eteting av'at t ar 8, 21111. `•R .r4 L Oip.ctn, l it P tava::Qan laz, gti 00.4499:-#19 :01',1874 Fete: . Vo yme can Sedi entafron Silititoo of Laroi 0or0*. 'rag awl cyoatr o on aoriar DEMOPMent So, RReseir.. tIIe Oft* 14 r ger 'or hte $esj n$ to exeortte I .011e801 -141) ' ahrd Wake 490orveya of 1^a[ a cvegms Texas ter. holed C►b LakeCorpus Christi acrd Choke O.anyorr ReagiNoit,are critical reservolta lt3 the cuerail water supply to filo coastal fiend regioTt The safe yirLd sof the system depend on the roserva rrs abi itY to sustain a storage voturoo over trio. Since it has been over ten years since fhe Iastsur=vey bras g p!etedk rt E impar ti that t '6:0, res arvey d to d a the volumB ic[trie°e cts of d mantatio I. The last suI t'Wofey l ake :Corpus Qiirlattindkatati that to Ire has parity of proximately 254,:00.09c79490 of water.. The last survey. of Choke Canyon Reaorvotr. radii ed a papavifykof apprdxima'ti € 6951271 acre -fee€, Tis survey'will measure the volume of '*oriaga aodt perform tedifilitintatiottinofyst4. ALTERNATIVES Wine . - 4 EACi 1 fQEE AaTEONS'. CONFORMITY rattry POLICY: EMERGENCY] ON-EilfiERGENCV: Narl-ermeryanuy CEPA RTVg.NTAL.OLE RANO S Ffnarice —131— FINANC IAL' IMPACT; NOAPPlicOte X Oran. EPflSe o: ReVeritie o CIP fiStel:Year'z:20.11.4012:.. B. get Th iieni aALANcE, . . Commit4st Pro)eptiof P. ures IMP); , 0 0 0. 0 uttent Year Ft-rtirre, Yeats' 0 $ 84 860 $ e_5,21:1 _ $150,000 1/3kr,079i. TOW cost forte surNeye grIct Sodirtlentatich:arialyele forboth reSertioit4 R $413-882. :which '14asect. Oh , .„ ,„. , , - - ,J• • m ,• oorrent-eteva0brilc each Maervbit: Ah "altbliht of $15qt000 is programoreolh (nor ta ovver arty bohttNerviet kill: a hal-400001; OstruotfOhS'ertgountereg dorirtg the til4kt sUir4ey. At the retervbitt- recede, there they .t -,e act4itkmat•aos.lsibrdry rand, survoy work.:OS Wel RECCIMMMOATICiht WrrePorytii000P0901.4. 111.• ro. pla Bid (hIcgrefibrh Taite6WelerZONTOOmerit Board: Approvele; day Reihthg, First_City-fatorney: ori arch m, 1".)Ireetor Qf PifierioTaI Sefitidet Eddi Hoblihth, AaiStatit Director c Managerogrit etld Budget Jolimy Pere*, p,Aogi4tgliti.' y Manager —1 3 2-- TWAHIL rdrogi ap le $erv1ce$ Quote Awn! air 'ar ei: >Ga CEt;,s hris7 Reset ohr ,EIevatit it 241.'00t.#0 Reiertrair4g4di Akr4a t mresj., scut* 4 died rad sit#rcl ie�vnrri ra ► I 1 k 'r 532 -*A1 S3;390 Biqa Ante 'Sa contingency 4,0941 gal 'otlalt'fP_r- V'otunCetrf Survey t7 pticn l` 5ed1raeltt0161 d it 0Pe.etkA: !nd° anniyafs,(basr X3�'',�o), 5,2,336 ,'N1X,337 04,1r.#0140-‘4-0.104 eutlectlen 04 , $43,126.4i PISA _f t±isringand'angtysts S6;000.OIi 16,00 rbtat cost tbr'4'0lmentiofl Sim WOO ,rate.+3 ij s.crite+510aset rete.ec.01encytCoringati¢ einaiys€sj _ . . S 1,345x$ : :; sam451 * CuntingeriGylt=e rtttit to 0qpcd5%o ih besami , uey bt cikatgcd for na.vigaUpal, obstTu dons ficiaiutittoi durlitrtltelleldsurvey. 'Mese' obsti uetlogs sixth as.sukmergad tree and vogOntronoond bars, maim boat dctclC add pier. delay` 1004aae.)1k0 on ptgcess Creined by. Ton Kerte —133— n�, . _... . TWDB ifydrographie Services Quote iReteryn.ir Nitinez c44)kei ReserViSir OE:tietationt- 220;45 209,6;(eurrt110 ReSerVnif tiirfaCe.Afejit W0.00.f. tiNi* 110ALAil4tWijblaate3XalaintS*ItlialVtOW.g. htteD1Cr:24,5t BM Rate t%. contingency 17b141,0•4t.,r VOInOttfe..aviNgy 90.91UZ -getlitkitntAtiint datiCtalicktion and analysis b.rise X 3044 '044:33.M - _ $144.114 _ SealmentattonAntn,cnitection and ancOWs Wose +OirStIVSMO $5,14.5.104 $54417 CelongrAno otoly*, 44,00Mg 56,000 T001:04 Aire01*tnqiin .Survey (Bac titt .4' 45%4100, rite + 5% Bnse• rge.-tintAttgolq -F:CciOg ali4 ntinIAIA) S625490- :$61.5.30 *'ConfingweY;TCP• not eNcLA41%0 tlin.:bt6c rateonerbo dintged for namigatiOnal .cimitictionscnocaintnied durnig the field These nWitnetionsuch a.5.stibmerged trees urid vegetotfoir, sand bars,. marina,fbnat 4004.iiititi:Oiet4- delay the data calk:Cann proem Created Arson !Comp: -134- _ . . r',-;11.Z;g24:14,1tIk 7 AGENDA MEMORANDUM for the City Council Meeting of October 25, 2011 DATE: 10/25/2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P. E., Director of Engineering Services petean@cctexas.com (361) 826-3781 RESOLUTION AUTHORIZING INTERLOCAL AGREEMENT WITH TXDOT FOR AN ADVANCE FUNDING AGREEMENT BS 286A (Ayers Street) from Holly Road to SH 357 (Saratoga Boulevard) (Project No. E11114) AGENDA ITEM: Odr inance_changatag_fh Y 012_ oitall.m ro.vemert. 3.,uclge slt finance 0291 0 increase revenues and expenditures in the amount of $34,800 for the addition of Project #E11114, BS 286A (Ayers Street) from Holly Road to SH 357 (Saratoga Boulevard) Project. B. Resolution authorizing the City Manager, or designee, to execute an Interlocal Agreement with the Texas Department of Transportation (TXDOT) for an Advance Funding Agreement for Voluntary Local Government Contributions to Transportation Improvement Projects with no required match for the adjustment of water valves during the rehabilitation and widening of BS 286A (Ayers Street) from Holly Road to SH 357 (Saratoga Boulevard). BACKGROUND AND FINDINGS: The proposed project is a TXDOT rehabilitation and widening project on BS 286 (Ayers Street) from Holly Road to SH 357 Saratoga Boulevard and will consist of adding a continuous left turn lane, two (2) bike lanes, curb and gutter, sidewalks with curb ramps, and underground stormwater infrastructure.• The City is responsible for adjustment of utility valve covers associated with this rehabilitation and widening project. As part of TXDOT's contract with Haas Anderson Construction, the contractor will do the final adjustment of the water valves which are within the scope of the project. It is in the best interest of the City to allow TXDOT's contractor to adjust these utilities at the appropriate time and for the City to reimburse TXDOT for the adjustments. The City of Corpus Christi will contribute $34,800 for adjusting water valves on BS 286 (Ayers Street) from Holly Road to SH 357 (Saratoga Boulevard) which is a state on -system location, including construction items and direct state costs, due upon full execution of the Advance Funding Agreement. -1:37— K1ENGINEERING DATAEXCHANGEWELMAPITXCCTIAYERS STREETIAGENOA ITEM.DOC Description Total Estimated Cost Federal Participation State Participation Local Participation % Cost % Cost % Cost Engineering (by State) $9,945.00 0% $0.00 100% $9,945.00 0% $0.00 Construction (by State) $27,840.00 0% $0.00 0% $0.00 100% $27,840.00 Subtotal $37,785.00 $0.00 $9,945.00 $27,840.00 Preliminary Engineering Direct Cost Total $1,094 Environmental Direct State Costs (20%) $219.00 0% $0.00 100% $219.00 , 0% $0.00 Right of Way Direct State Costs (20%) $219.00 0% $0.00 100% $219.00 0% $0.00 Engineering Direct State Costs (40%) $437.00 0% $0.00 100% $437.00 0% $0.00 Utility Direct State Costs (20%) $219.00 0% - $0.00 100% $219.00 0% $0.00 Construction Direct State Costs $6,960,00 0% $0.00 0% $0.00 100% $6,960.00 Indirect State Costs $2,343,00 0% $0.00 100%$2,343.00 0% $0.00 Subtotal $10,397,00 $0.00 $3,437.00 $6,960.00 Total $48,182.00 $0.00 $13,382.00 $34,800.00 ALTERNATIVES: The City could adjust the water valves with City crews or a contractor which would require close coordination and flexibility of work schedules due to the nature of adjusting valves and the time during construction in which the adjustment needs to occur. OTHER CONSIDERATIONS: This work is time sensitive and difficult for the City to coordinate the schedule between the TXDOT contractor and a contractor we hire. It is also more costly to contract for a small amount of work which would include mobilization while the TXDOT contractor is already mobilized. CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Qualifications process; RFQ No. 2004-03 Bond Issue 2004 Projects; FY 2011-12 Capital Budget. EMERGENCY / NON -EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Not applicable. KIENGINEERENG DATAEXCHANGEIVELMAPITXDOT\AYERS STREET \AGENDA ITEM.DOC FINANCIAL IMPACT: CIP Fiscal Year: 2011-2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line item Budget $0.00 $0.00 Encumbered / Expended Amount This item $34,800.00 $34,800.00 BALANCE _ $(34,800.00) $(34,800.00) Fund(s): Street Comments: This project is being financed through remaining Bond 2004 proceeds for future TXDOT participation. RECOMMENDATION: It is recommended to execute an Interlocal Agreement with the Texas Department of Transportation (TXDOT) for an Advance Funding Agreement for Voluntary Local Government Contributions to Transportation Improvement Projects with no required match for the adjustment of water valves during the rehabilitation and widening of BS 286A (Ayers Street) from Holly Road to SH 357 Saratoga Boulevard. LIST OF SUPPORTING DOCUMENTS: 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 -139-. KIENGINEERING DATAEXCHANGEWELMAPITXDODAYERS STREETIAGENDA ITEM.DQC \ Mproject\councilexhibtts \ exhE 11114. dwg BS 286 (AYERS STREET) FROM HOLLY ROAD TO SH 357 (SARATOGA BOULEWD) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 10/25/2011 IMMOO IPSO _ SSI - wv Page 1 of 2 Ordinance changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase revenues and expenditures in the amount of $34,800 for the addition of Project #E11114, BS 286A Ayers Street from Holly Road to SH 357 Saratoga Boulevard Project. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The FY 2012 Capital improvement Budget adapted by Ordinance No. 029135 is changed to increase revenues and expenditures in the amount of $34,800 for the addition of Project #E11114, BS 286A Ayers Street from Holly Road to SH 357 Saratoga Boulevard Project. ATTEST: Armando Chapa City Secretary Approved as to form: fYJ� f 0144 Veronica Ocanas Assistant City Attorney for City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor 3 -Oct -11 110811 ORD changing FY2012 by $34,800 for Ayers Project -1T Page 2 of 2 The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2011, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick David Loeb Priscilla G. Leal The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2011, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Larry-El.z-undo, Sr... - Kevin Kieschnick Priscilla G. Leal David Loeb PASSED AND APPROVED on this the day of 201 1. ATTEST: Armando Chapa City Secretary APPROVED as to legal form: 13- ct-11 By: /4,Wk, Veronica Ocanas Assistant City Attorney for City Attorney 110811 ORD changing FY2012 by $34,800 for Ayers Project_ 3 4g8_ Joe Adame Mayor 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 with no required match for the adjustment of water valves during the rehabilitation and widening of BS 286A (Ayers Street). 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 execute an Advance Funding Agreement for Voluntary Local Government Contributions to Transportation Improvement Projects with the Texas Department of Transportation (the "AFA"), with no required match, for the adjustment of water valves on BS 286A (Ayers Street) during the rehabilitation and widening of Ayers Street. Section 2. The City Manager or designee is authorized to execute all related documents necessary to administer said AFA, including amendments thereto. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APP,R •VEDA O FORM: 10 -Oct -11 Veronica Ocanas Assistant City Attorney for City Attorney Joe Adame Mayor J:11.ENG11 AGENDA !TEM S20111110811\110811 RESO AFA Ayers.docx Corpus Christi, Texas of ,2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott J:11.ENG11 AGENDA ITEM 512011\11081111 ' 1 RESO AFA Ayers.docx CSJ # 0326-05-002 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Adjust Water Valves STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH THIS AGREEMENT is made by and between the State of Texas, actin • b and through the Texas Department of Transportation, called the State", and the r = y° F, acting by and through its duly authorized officials, called the "Local Government." WITNESSETH WHEREAS, Transportation Code, Chapters 201, 221, 227, and 361, authorize the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 and Chapter 221, authorize the State to contract with municipal ties and •olitical subdivisions. and WHEREAS, Commission Minute Order Number com • lete a hi • hwa im • rovement generally described as and, WHEREAS, the Local Government has requested that the State allow the Local Government to articipate in said improvement by funding that portion of the improvement described as called the "Project"; and, WHEREAS, the State has determined that such participation is in the best interest of the citizens of the State; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the State and the Local Government do agree as follows: authorizes the State to undertake and AGREEMENT 1. Time Period Covered This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and the Local Government will consider it to be in full force and effect until the Project described in this agreement has been completed and accepted by all parties or unless terminated, as provided for by this agreement. 2. Project Funding and Work Responsibilities A. The State will authorize the performance of only tr Government has requested and has agreed to Payment Provision and Work Responsibility :7 contract. In addition to identifying those i' _ AFA AFA VaITIP Page 1 of 5 iect items of work which the Local cribed in Attachment A, I. to and made a part of this k pal • j payments to the State, Revised 04/01/11 CSJ # 0326-05-002 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Adjust Water Valves Attachment A, Payment Provision and Work Responsibilities; also specifies those Project items of work that are the responsibility of the Local Government and will be carried out and completed by the Local Government, at no cost to the State. B. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs. C. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. D. Whenever funds are paid by the Local Government to the State under this agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State to the Project. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement with approval by appropriate personnel of the Local Government. If the Local Government is the owner of any part of the Project site, the Local Government shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. 4. Adjustments Outside the Project Site The Local Government will provide for all necessary right of way and utility adjustments needed for performance of the work on sites not owned or to be acquired by the State. 5. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 6. Document and Information Exchange The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoftt Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the local government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. AFA AFA VoITIP Page 2of5 Revised 04/01/11 • CSJ # 0326-05-002 District # 16 -- Corpus Christi Code Chart 64 # 09800 Project: Adjust Water Valves 7. Interest The State will not pay interest on funds provided by the Local Government. Funds provided by the Local Government will be deposited into, and retained in, the State Treasury. 8. Inspection and Conduct of Work Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities, to this contract, the State will supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the Project is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be the sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance with the Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges adopted by the State and incorporated in this agreement by reference, or special specifications approved by the State. 9. Increased Costs A. In the event it is determined that the funding provided by the Local Government will be insufficient to cover the State's cost for performance of the Local Government's requested work, the Local Government will pay to the State the additional funds necessary to cover the anticipated additional -cos he- state sh-aftsentl-th L ateov -nttfre=--- :— stating the amount of additional funding needed and stating the reasons for the needed additional funds. The Local Government shall pay the funds to the State within thirty (30) days of the written notification, unless otherwise agreed to by all parties to this agreement. If the Local Government cannot pay the additional funds, this contract shall be mutually terminated in accordance with Article 11 Termination. If this is a fixed price agreement as specified in Attachment A, Payment Provision and Work Responsibilities, this provision shall only apply in the event changed site conditions are discovered or as mutually agreed upon by the State and the Local Government. B. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the Local Government. The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. 10. Maintenance Upon completion of the Project, the State will assume responsibility for the maintenance of the completed Project unless otherwise specified in Attachment A to this agreement. 11. Termination A. This agreement may be terminated in the following manner: 1. By mutual written agreement and consent of both parties; 2. By either party upon the failure of the other party to fulfill the obligations set forth in this agreement; or 7� AFA-AFA VoITIP PaW3 of 5 Revised 04/01/11 CSJ # 0326-05-002 • District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Adjust Water Valves 3. By the State if it determines that the performance of the Project is not in the best interest of the State. B. tithe agreement is terminated in accordance with the above provisions, the Local Government will be responsible for the payment of Project costs incurred by the State on behalf of the Local Government up to the time of termination. C. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Government, the State, or the Federal Government will be promptly paid by the owing party. 12. Notices All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being permitted to the extent permitted by law but only after a separate written consent of the parties), addressed to such party at the following addresses: Local Government: City of Corpus Christi Attn: City Engineer) State: Director of Contract Services Texas Department of Transportation P.O. Box 9277 Corpus Christi, TX 78467-9277 125 E. 11th Street Austin, Texas 78701 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided in this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. 13. Sole Agreement In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between the Local Government and the State, -the latest agreement shall take precedence over the other agreements in matters related to the Project. 14. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. 15. Amendments By mutual written consent of the parties, this agreement may be amended prior to its expiration. 16. State Auditor The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under the contract or indirectly through a subcontract under the contract, Acceptance of funds directly under the contr.gew indirectly through a subcontract under this AFA-AFA VoITIP Page 4 of 5 Revised 04/01/11 CSJ # 0326-05-002 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Adjust Water Valves ATTACHMENT A PAYMENT PROVISION AND WORK RESPONSIBILITIES The Local Government will contribute 100% of the construction costs for adjusting valves on BS 286A from Holly Road to SH 357 which is anon -system location, including construction items and direct state costs. Environmental Direct State Preliminary Engineering Direct Cost Total $1,094 Right of Way Direct State Costs (20% Engineering Direct State Costs 40% Utility Direct State Costs (20% Payment by the Local Government to the State upon execution of this Agreement: $34,800.00. This is an estimate. The final amount of Local Government participation will be based on actual costs. AFA-AFA_VoITI P Page I of Attachment A 8 AGENDA MEMORANDUM for the City Council Meeting of November 8, 2011 DATE: 9/30/2011 TO: Ronald L. Olson, City Manager FROM: CAPTION: Stephen Draper, Director, Department of Development Services" StephenD@cctexas.com (361) 826-3246 Public Hearing — City Council Zoning case 0911-02: A change of zoning from "CG -2" General Commercial to "IL" Light Industrial. Ordinance amending the Unified Development Code, upon application by Red Ace Saratoga, Ltd., by changing the UDC zoning map in reference to Saratoga Weber Plaza, Block 9, Lot 2A, from the "CG -2" General Commercial District to the "IL" Light Industrial District, amending the comprehensive plan to account for any deviations from the existing comprehensive plan; providing a repealer clause; providing a penalty; providing for ublicatiorr,-dridtectaring-n migency—. . BACKGROUND AND FINDINGS: The proposed use is a vehicle rental business with outdoor storage. The items that will be stored outdoors are Tight construction equipment (i.e. bobcats) and party equipment (i.e. mobile concession stands, etc.). Outdoor storage requires an industrial zoning to be an acceptable use. The surrounding properties are consistent with more intense uses than the standard general commercial uses. For example, the subject property is located north of the large industrial area of W.O.W. (Way -Out -Weber) including the Air Installation Compatibility Use Zone (AICUZ) area of Navy Outlying Landing Field (NOLF) Cabaniss. Directly across Saratoga Boulevard is a large tract of "IL" Light Industrial zoned properties, as well as, a property adjacent to the east which was granted a Special Permit to allow for an industrial use (Dog Spa). The proposed change of zoning will continue to utilize the existing infrastructure and would have minimal to no impact regarding smart growth. The proposed change of zoning would in fact, be a more closely associated use to the surrounding properties and future development of the area. ALTERNATIVES: Denial of the applicant's request for a change zoning to the "IL" Light Industrial District. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: The Comprehensive Plan and the Southside Area Development Plan (ADP) slates the subject property as commercial use. The previous use was an Ace Hardware Store. The proposed change in zoning is not consistent with the adopted Future Land Use Map of the Comprehensive Pian. The Comprehensive Plan and Southside ADP both encourage cornmercial development. However, the proposed vehicle rental business with outdoor storage is not a completely unacceptable use to be placed. The surrounding properties must be taken into account. The subject property is located north of the large industrial area of W.O.W. Road (Way -Out - Weber) including the Air Installation Compatibility Use Zone (AICUZ) area of Navy Outlying Landing Field (NOLF) Cabaniss. Furthermore, directly across Saratoga Boulevard is a large tract of `IL" Light Industrial —1 53-- City Council Executive Summary Memorandum Red Ace Saratoga, Ltd. (Case No. 0911-02) Page 2 zoned properties, as well as, a property adjacent to the east that was granted a special permit to allow some industrial uses. EMERGENCY / NON -EMERGENCY: Emergency 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 Comments: N/A RECOMMENDATION: Plate ssio nd-Siam nt rovatztl an e afzonlno=to-t `1L Ltgtrti drsttiai-. District. UST OF SUPPORTING DOCUMENTS: Zoning Report Ordinance Approvals: Deborah Brown, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Rudy D. Garza, Assistant City Manager KADEVELOPMENTSVCS\SHARED\1. PLANNING COMMISSIOM2011 CCISEPT 201 11091 1_02$ I}rF SARATOGA, LTD10911-02 RED ACE SARATOGA, LTD. AGENDA MEMO.DOCX CITY COUNCIL ZONING REPORT Case No.: 0911-02 Planning Commission Hearing Date: September 14, 2011 Applicant: Red Ace Saratoga, Ltd. Owner: Red Ace Saratoga, Ltd. Representative: The Clower Company Legal Description/Location: Saratoga Weber Plaza, Block 9, Lot 2A, located at the southeast intersection of Saratoga Boulevard (SH 357) and Jefferson Street. From: "CG -2" General Commercial District To: "IL" Light Industrial District Area: 1.72 Acres Purpose of Request: To allow for the operation of a rental business with outdoor storage. Existing Zoning District Site "CG -2" General Commercial North South East West ad cid.., Ute— Map No.: 047,035 Zoning Violations: None "IL" Light Industrial "IL" Light Industrial "CG -2" General Commercial "CG-2/SP" General Commercial with a Special Permit Existing Land Use Commercial Vacant Commercial Commercial Commercial Future Land Use Commercial Li ht Industrial Light Industrial/ Commercial Commercial Commercial Area Development Plan: The subject property is located in the Southside Area Development Plan (ADP) and is planned for commercial uses. The proposed change in zoning to the "IL" Light Industrial District is not consistent with the Southside ADP and the adopted Future Land Staff's Summary: • Requested Zoning: The purpose of the requested "IL" Light Industrial District is to allow a vehicle rental business that will also have outdoor storage of light construction vehicles (i.e. bobcats) and part equipment. • Transportation and Circulation: The subject property fronts upon Saratoga Boulevard, a primary arterial, and Jefferson Road, a local street. Approximately a quarter of a mile to the east is the intersection of Weber Road and Saratoga Boulevard. Street R.O.W. Street Existing R.O.W. and Paved Section Planned R.O.W. and Paved Section Urban Trans. Plan T e yP Traffic Volume 2007 Saratoga Boulevard 130' R.O.W., 79' paved 130' R.O.W., 79' paved A3 Arterial 18,172 Jefferson Road 50' R.O.W., 28' paved 50' R.O.W., 28' paved Local N/A • Relationship to Smart Growth: While continuing to utilize existing infrastructure the proposed change of zoning would have minimal to no impact regarding smart growth. The proposed change of zoning would in fact more closely correspond to the proposed future development of this area_ Although not currently consistent with existing land use, it fits into the character of surrounding businesses. —155— Zoning Report Case No. 0911-02, Red Ace Saratoga, Ltd. Page 2 • Comprehensive Plan & Flour Bluff Area Development Plan Consistency: The Comprehensive Plan and. the Southside Area Development Plan (ADP) slates the subject property as commercial use. The previous use was an Ace Hardware Store. The proposed change in zoning is not consistent with the adopted Future Land Use Map of the Comprehensive Plan. The Comprehensive Plan and Southside ADP both encourage commercial development. However, the proposed vehicle rental business with outdoor storage is not a completely unacceptable use to be placed. The surrounding properties must be taken into account. The subject property is located north of the large industrial area of W.O.W. Road (Way -Out -Weber) including the Air Installation Compatibility Use Zone (AICUZ) area of Navy Outlying Landing Field (NOLF) Cabaniss. Furthermore, directly across Saratoga Boulevard is a large tract of "IL" Light Industrial zoned properties, as well as, a property adjacent to the east that was granted a special permit to allow some industrial uses. Plat Status: Subject property is platted. Planning Commission and Staff Recommendation: Approval of the change of zoning to the "IL" Light Industrial District. to aj 'JI Number of Notices Mailed Total —10 within 200' notification area; 0 outside notification area Favor -- 0 (inside notification area); 0 (outside notification area) Op Itis --inside-notir izatiorr-area);D-f tside-nut icati ea) For 0.0% As of September 9, 2011 Attachments: 1. Site — Existing Zoning, Notice Area, & Ownership map K:IDEVELOPMENTSVCSISHAREDI1. PLANNING COMMISS1ON12011 CCSSEPT 201 11091 1-02 RED ACE SARATOGA, LTD10911-02, RED ACE SARATOGA, LTD. (CO.2 TO IL} CC ZONING REPORT.DDC Ordinance amending the Unified Development Code (UDC), upon application by Red Ace Saratoga, Ltd., by changing the UDC zoning map in reference to Saratoga Weber Plaza, Block 9, Lot 2A, from the "CG -2" General Commercial District to the "IL" Light Industrial District, amending the comprehensive plan to account for any deviations from the existing comprehensive plan; providing a repealer clause; providing a penalty; providing for publication; and declaring an emergency. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Red Ace Saratoga, Ltd., for amendment to the City of Corpus Christi Unified Development Code (UDC) and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, September 14, 2011, during a meeting of the Planning Commission, and on Tuesday, November 8, 2011, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve _public health, necessity�,convenience and the g neral welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the UDC of the City of Corpus Christi, Texas, is amended by changing the zoning on Saratoga Weber Plaza, Block 9, Lot 2A, from the "CG -2" General Commercial District to the "1L". Light Industrial District, located at the southeast intersection of Saratoga Boulevard (SH357) and Jefferson Street (Zoning Map 047,035) (Exhibit A -"Planning Commission's and Staffs Recommendation"). SECTION 2. That the official UDC Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the UDC made by Section 1 of this ordinance. SECTION 3. That the UDC and corresponding UDC 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 4. 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 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. Page 2 of 3 SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable as provided in Section 1.1 0.1 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. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this day of , 2011. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI Joe Adame Mayor, City of Corpus Christi APPROVED AS TO FORM: This1 day of . {'; ,. 2011 oreh WaRher Brown sistant City Attorney or City Attorney e orate Walther Brown sistant Attorney or City Attorney K:1LegalISHAREIDILEGAL-DEV.SVCS12011 AgendalBruce Hawn Case No.0811-01110.18.11.0811-01 Bruce S Hawn (RS -6 to FR)DWBFinal.dac — 158— Page 3 of 3 Corpus Christi, Texas day of , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott K:1LegalISHAREDIL.EGAL-DEV.SVCS12011 AgendalBruce Hawn Case No.0811-0111{1.18.11.0811-01 Bruce S Hawn (RS -6 to FR)DWBFinal.doc -159- RM -1 IL 1 CG -9 SUBJECT OPERTY CG CASE: .0911-02 Exhibit A Planning Commission & Staff Recommendation From: "CG -2" General Commercial To: "IL" Light Industrial Ordinance No. SUBJECT PROPERTY s LOCATION MAP 9 AGENDA. MEMORANDUM for the City Council Meeting of November 8, 2011 DATE: 9/29/2011 TO: Ronald L. Olson, City Manager FROM: Stephen Draper, Interim Director, Department of Development Services A g StephenD@cctexas.com ' (361) 826-3246 Public Hearing — City Council Zoning case 0911-03: A change of zoning from "RS -6" Single -Family 6 to "CN -1" Neighborhood Commercial. CAPTION: Ordinance amending the Unified Development Code, upon application by Owner Calallen Baptist Church, by changing the UDC zoning map in reference to Calallen, Block 19, Lots 11 & 12, and Calallen Townsite, Block 19, east 100 feet of Lot 1-A, from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District, amending the comprehensive plan to account for any deviations from the existing comprehensive plan; prove ing a repea er c ause; providEng pa ena ty; prove • ing or pu • ica ion; an • • ec anng an emergency. BACKGROUND AND FINDINGS: Calallen Baptist Church is currently located in a "RS -6" Single -Family 6 District. The church is currently a legal allowed use in the "RS -6" Single -Family District. The existing sign on the property measures at 140 square feet and is at 20 feet in height. The sign was granted by a Special Permit in 1986. Based on the Corpus Christi Zoning Ordinance of 1986 and the Unified Development Code (UDC) of today, the sign is non -conforming hence the requirement of the Special Permit. The church wishes to augment the size and height of the current sign and the only mechanism to accomplish this goal would be through a change of zoning. The reasons are two -fold. The first being that the Unified Development Code (UDC) as per Section 3.25.3.D the Board of Adjustment is prohibited from granting a variance on the size of a sign. The second being any alteration of a Special Permit would require a change of zoning. Several years ago the Zoning Ordinance was amended to not allow Special Permits to alter the sign regulations. This restriction was carried forward to the UDC. A change of zoning for the church property would allow the church to upgrade their current sign to a larger commercial grade. The issues surrounding the granting of a change of zoning were presented to the Planning Commission. Such issues outlined focused on the current conformity of a church as an allowed use in the "RS -6" Single -Family 6 District, previous Council policy not to allow zoning changes specifically for sign augmentation due to abuse in the late 1980s and 1990s, the setting of precedence by granting the change of zoning, and the due to the precedence a potential influx of land uses wishing to enlarge current signs, specifically billboards. ALTERNATIVES: • Approval of the change of zoning to the "CN -1" Neighborhood Commercial District as requested by the applicant. • Denial of the change of zoning to "CN -1" Neighborhood Commercial. City Council Executive Summary Memorandum Calalien Baptist Church (Case No. 0911-03) Page 2 OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: The Comprehensive Plan and the Northwest Area Development Plan (ADP) slates the subject property as only a portion to be used commercial uses, the majority of the property is designated as medium density residential as the future use. The current use is Calalien Baptist Church, which is an allowed use in the current zoning district "RS -6" Single -Family 6 District. The proposed change in zoning is not consistent with the adopted Future Land Use Map of the Comprehensive Plan. The Comprehensive Plan and Northwest ADP both encourage commercial development. However, the proposed change of zoning would place a large section of commercial zoning in the center of a residential neighborhood. The surrounding properties must be taken into account. EMERGENCY / NON -EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: N/A FINANCIAL IMPACT: Not applicable Fiscal Year: 2011-2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS 4th-1e-1tem-Budget.: ....._ .. .... . Encumbered / Expended Amount This item BALANCE Fund(s): Comments: N/A RECOMMENDATION: Planning Commission and Staff Recommendation: Denial of the "CN -1" Neighborhood Commercial District for the entire property in lieu thereof approval of a change of zoning to the "CN -1" Neighborhood Commercial District for 100 feet of the subject property along the Interstate 37 frontage. LIST OF SUPPORTING DOCUMENTS: Zoning Report Ordinance Approvals: Deborah Brown, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Rudy D. Garza, Assistant City Manager KIDEVELOPMENTSVCSSSI-iARED11. PLANNING COMMISSION12011 CCISEPT 2011 2011\0911-03ftirN BAPTIST CHURCH \0011-03 CALALLEN BAPTIST CHURCH AGENDA MEMO 1.DOCX CITY COUNCIL ZONING REPORT Case No.: 0911-03 Planning Commission Hearing Date: September 14, 2011 Applicant: Calallen Baptist Church it as Owner: Calallen Baptist Church ,c. Representative: Bill Lathrop ▪ y Legal Description/Location: Calallen, Block 19, Lots 11 & 12, Calallen Townsite, Block 14, ▪ A Lot 7-A and Block 19, Lot 1-A, located north of the intersection of West Redbird Lane and eastbound lane of Interstate 37. From: "RS -6" Single -Family 6 District To: "CN -1" Neighborhood Commercial District Area:. 3.27 Acres Purpose of Request: To allow for the installation of a commercial -grade sign. Site North South East West Existing Zoning District "RS -6" Single -Family 6 "RS -6" Single -Family 6 "RS -6" Single -Family 6 Interstate 37 R.O.W. "RS -6" Single -Family 6 Existing Land Use Public/Semi-Public & Low Densi Residential Low Density Residential Low Density Residential Right -of -Way Low Density Residential Future Land Use Commercial & Medium Densit Residential Medium Density Residential Medium Density Residential Right -of -Way Low Density Residential Area Development Plan: The subject property is located in the Northwest Area Development Pian (ADP) and is planned for only a portion to be used commercial uses with the majority for Medium Density Resr e� ntiiFuses. T e proposed c ange in zoning to the "CN -1" Neighborhood Commercial District is not consistent with the Southside ADP and the adopted Future Land Use x ° Map. Map No.: 065,052 Zoning Violations: None Staff's Summary: • Requested Zoning: The purpose of the requested "CN -1" Neighborhood Commercial District is to allow a commercial grade sign to advertise for Calallen Baptist Church. • Transportation and Circulation: The subject property fronts upon Interstate 37 Access Road, a designated freewaylexpressway and between two local streets: Middle Lane and West Buckhorn Street Street R.O.W. l Street Existing R.O.W. and Paved Section Planned R.O.W. and Paved Section Urban Trans. Plan Type Traffic Volume 2007 Interstate 37 400' R.O.W. 400' R.O.W. Freeway/ Expressway N/A Middle Lane 50' R.O.W., 28' paved 50' R.O.W., 28' paved Local N/A West Bockhorn Street 50' R.O.W., 28' paved 50' R.O.W., 28' paved Local N/A • Relationship to Smart Growth: While continuing to utilize existing infrastructure the proposed change of zoning would have drastic to impact regarding smart growth. The proposed change of zoning would allow for a commercial use to move into the area if the church should close. The —1 6 5— Zoning Report Case#: 0911-03, Calallen Baptist Church Page 2 proposed change of zoning is not consistent with existing land use, it fits into the character of surrounding businesses. • Comprehensive Plan & Flour Bluff Area Development Plan Consistency: The Comprehensive Pian and the Northwest Area Development Plan (ADP) slates the subject property as only a portion to be used conunercial uses, the majority of the property is designated as medium density residential as the future use. The current use is Calallen Baptist Church, which is an allowed use in the current zoning district "RS -6" Single -Family 6 District. The proposed change in zoning is not consistent with the adopted Future Land Use Map of the Comprehensive PIan. The Comprehensive Plan and Northwest ADP both encourage commercial development. However, the proposed change of zoning would place a Iarge section of commercial zoning in the center of a residential neighborhood. The surrounding properties must be taken into account. Plat Status: Subject property is platted. Department Comments: • The church is an allowed and legal use in the current zoning district: "RS -6" Single -Family 6 District. • The change of zoning request is solely for the ability to place a large commercial grade sign. • Previous Council policy was to not allow a change of zoning to occur merely to increase sign size. • Allowing the change of zoning to occur may set a precedent for future cases based only for the purpose of increasing sign size, especially for allowing an increase in the ability to place —bT`13s. Alternatives: 1. Approval of the change of zoning to the "CN -1" Neighborhood Commercial District. 2. A Special Permit cannot be granted to change sign regulations as per the UDC. Planning Commission and Staff Recommendation: Denial of the "CN -1" Neighborhood Commercial District for the entire property in Iieu thereof approval of a change of zoning to the "CN -1" Neighborhood Commercial District for 100 feet of the subject property along the Interstate 37 frontage. Number of Notices Mailed Total –19 within 200' notification area; 0 outside notification area Favor – 0 (inside notification area); 0 (outside notification area) Opposition -- 0 (inside notification area); 0 (outside notification area) For 0.0% As of September 9, 2011 Attachment: 1. Site – Existing Zoning, Notice Area & Ownership map K:IOEVELOPMENTSVCSISHARED\1. PLANNING COMMISSION12011 CC=SE"PT 2011\0911-0.3 CALALLEN BAPTIST CHURCH10911-03, CALALLEN BAPTIST CHURCH (RS -6 TO CN -1) CC ZONING REPORT.DOC –166- pT 6 s.r AMINE FOR-ESTfi 9 13 RS.6 R 9 °I 45 7 2 SUB ROP 2-A 4-A u CASE: 0911-03 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP A-1 Apartment HMSO District A -1A Apartment House District A-2 Apartment House District AB Professional Office District AT Apartmeni-Tourist Ostia B-1 Neighborhood Business District B -1A Neighborhood Business District B-2 Etayfront Business District E -2A Barrier Island Business District B-3 Business District B-4 B -S 8-6 F -R HC General Business District Primary Business District Primary Business Core District Corpus Christi Beach Design Dist, Farm Rural District Historical -Cultural Landmark Preservallon 1-1 1-2 1-3 PUP R -1A R -1B R -1C R-2 RA RE R-TH PP T -1A T -1B T -1C Limited Industrial District Light Industrial District Heavy Industrial District Planned Unit Development One Family Dwelling District One Family Dwelling District One Family Dwelling District Multiple Dwelling District One Family Dwelling District Ptesidentlal Estate District Townhouse Dwelling District Special Permit Travel. Trailer Perk District Manufactured Home park District Manufactured Home Subdivision District Subject Property ildth 200'1,017er Owners in favor 4 Owners within 200' listed on V Owners attached ownership table A in opposNan 22 21 20 19 RTY18 17 16 15 14 CT al 4 3A 71 1A CG -Z 14 13 DaThn of Deffeicptrie Prepared,B 10\11 9 ow 11 18 17 SUBJECT PROPERTY s L.00ATION MAPS z = aa City of Corpus Christi 0 Ordinance amending the Unified Development Code (UDC), upon application by Owner, Ca!alien Baptist Church, by changing the UDC zoning map in reference to Ca!alien, Block 19, Lots 11 and 12, and Calalien Townsite, Block 19, east 100 feet of Lot 1-A, from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District, amending the comprehensive plan to account for any deviations from the existing comprehensive plan; providing a repealer clause; providing a penalty; providing for publication; and declaring an emergency. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Calallen Baptist Church, for amendment to the City of Corpus Christi Unified Development Code (UDC) and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, September 14, 2011, during a meeting of the Planning Commission, and on Tuesday, November 8, 2011, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and wyFRFeS,�th-e Oi#y�Cauncil-basdeter a.fined-tlat=-this r endr ert-wauld-best-seive--- public health, necessity, convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the UDC of the City of Corpus Christi, Texas, is amended by changing the zoning on Ca!alien,- Block 19, Lots 11&12, and Ca!alien Townsite, Block 19, east 100 feet of Lot 1-A, located north of the intersection of West Redbird Lane and eastbound lane of Interstate 37, from the "RS -6" Single -Family 6 District to the "CN -'l" Neighborhood Commercial, (Zoning Map 065,052) (Exhibit A -"Planning Commission and Staff Recommendation"). SECTION 2. That the official UDC Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the UDC made by Section 1 of this ordinance. SECTION 3. That the UDC and corresponding UDC 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 4. 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. Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable 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. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this day of , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa i ecre a� ry - Joe Adame Mayor; City of Corpus Christi APPROVED AS TO FORM: This -7- day of , 2011 '_a/ice2 AWL fl orah Walther Brown sistant City Attorney For City Attorney K:ILegahSHAREDILEGAL-DEV.sVCS12011 Agenda\Caiatten Baptist Church110.7.11.0911-03 Calallen Baptist Church (RS -B to CN- 1)PC-StaffRecommend. DWBFinai.doc Page 3 of 3 Corpus Christi, Texas day of , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott KALegalISHAREDILEGAL-DEV.SVCS12011 AgendalCalallen Baptist Church110.7.11.0911-03 Cala lien Baptist Church (R8.6 to CN- 1)PC-StaffRecommend.DWBFinal.doc —170— CASE: 0911-03 Exhibit A Planning Commission and Staff Recommendation From: "RS -6" Single -Family 6 To: "CN -1" Neighborhood Commercial Ordinance No. 1 SUBJECT PROPERTY LOCATION MAP1 City of Corpus Christi 10 DATE: TO: FROM: 9/7/2011 1St Reading —10/25/11 Public Hearing & Second Reading —11/08/11 AGENDA MEMORANDUM for the City Council Meeting of October 25, 2011 Ronald L. Olson, City Manager Juan Perales, Jr., P.E., Assistant City Manager Faryce Goode -Macon, Assistant Director of Planning Robert Payne, AICP, Senior City Planner Amendment to the Comprehensive Plan for the Corpus Christi Beach Area CAPTION: Ordinance amending the Comprehensive Plan for the City of Corpus Christi by amending the PortlAirportNiolet Area Development Plan area boundary to delete the Rincon Channel areas; amending the boundaries of the North Central Area Development Plan to include Rincon Channel areas; providing for a new plan name of the North Central Area Development Plan to e C • • s C ' '- B_ - c !. - vel • • me Plan• ame din • the Com • rehensive Plan by adoptin •�_ the Corpus Christi Beach Development Plan which incorporates a comprehensive rezoning strategy, policies for growth and development, a prioritized project list for consideration in the City's Capital Budget Improvement Plan, legislative priorities and direction in seeking partnerships and grants from various entities, repealing portions of Ordinance 022166 pertaining to the North Central Area Development Plan; amending related elements of the Comprehensive Plan including the Future Land Use Plan adopted by Ordinance 028504; providing for severance; providing for an effective date; and providing for publication. BACKGROUND AND FINDINGS: The North Central Area Development Plan was first adopted in 1990 with a minor update in 1995. The plan is now over 15 years old and is out of date and not in compliance with the City Charter requirement that Comprehensive Plans be updated at least once every five Years. In preparation for development of the plan, the Corpus Christi Beach Taskforce was created to provide staff with input on development of a new plan. Some of the issues identified during the planning process with Task force included the following: • A lack of multiple destinations; • A coherent zoning pattern that promotes redevelopment according to the City's plan; • A lack of new private development; • The need for a detailed master site plan for Surfside and Dolphin Parks; • The need for redevelopment of vacant Tots and a larger permanent residential community; • Recognition that redevelopment requires meeting FEMA standards for development; • Flooding issues after heavy rains with drainage infrastructure that may be blocked by siltation; • The need for enhancement of existing wetlands at the north end of Corpus Christi Beach; • Fragmented land ownership poses a challenge to redevelopment into large destination projects; • The need for curbs and sidewalks in existing developed residential areas. Page f of 3 -175- ALTERNATIVES: • Various land use alternatives were discussed by staff and the Corpus Christi Beach Taskforce. A plan to promote high intensity visitor oriented land uses south of Surfside Park is recommended since the City has made a commitment to the area by locating the Texas State Aquarium and the USS Lexington in the area. These two destinations are the only two destinations in Corpus Christi that are listed in the Governor's list of top 25 Texas Visitor Destinations. • High intensity is also generally compatible with the water and wastewater infrastructure located south of Surfside Park. • North of Surfside Park, a lower density of visitor oriented land use is recommended since the water, sewer, storm drainage and street infrastructure has an overall lower capacity for development than the areas south of Surfside Park. • Regarding drainage, a system of valley gutters should be used rather than the standard underground drainage due to infiltration caused by the high water table and sandy soils. • To supply additional drainage capacity and a new trail destination, create wetland water features on city land in the wide medians between Timon and Surfside Boulevard. • Paradise Landing and Observation Deck — two locations were considered for this structure with one of the locations being the end of Burleson Boulevard since there would be direct access from the US 181 Off Ramp to the Landing. However, the location across from Surfside Park is recommended since there is the essential landside public acreage to support parking for the Landing. • Create a new destination on the Breakwater structure between the Lexington and the Aquarium. • Other potential alternatives for development listed in the plan include: pursuit of State Legislation that would allow casino gambling on Corpus Christi Beach; Creation of a new ADA accessible beach park on existing city land at Dolphin Park; A new groin structure to capture beach sand eroding from Corpus Christi Beach; Enhancement of the wetlands at the north end of Corpus Christi Beach with additional plantings for hada_ cr_eatio■ • -!niagelCiaallairglingareall.• ■ _ ■ • • - . ■ • ■ State Birding Center; and Consideration of Corpus Christi Beach for a tournament outdoor sports facility for the City to attract visitors and which would have significant redevelopment benefits for toward tourist oriented development. OTHER CONSIDERATIONS: • Street enhancement to facilitate pedestrian movement between the Aquarium and the USS Lexington and to add more on -street parking on North Shoreline Boulevard.. The existing street cross section is an inefficient design devoted primarily to vehicular movement. The redesign would increase public parking and widen sidewalks and allow for outdoor seating. • Create a new destination by repairing and enhancing the existing Breakwater Structure. • Create a new public plaza between the Aquarium and the USS Lexington at the entrance to the Breakwater Structure. CONFORMITY TO CITY POLICY: The Planning Commission conducted a public hearing on June 22, 2011 and recommended City Council adoption of plan. The Plan is consistent with City Charter and State Law requirements for a Comprehensive Plan. EMERGENCY 1 NON -EMERGENCY: Non -Emergency two reading item. DEPARTMENTAL CLEARANCES: City Departments have had an opportunity to provide comments on this plan including the Park and Recreation Page 2 of 3 —176, Department and the Engineering Services Department. In addition, property owners, the Texas State Aquarium, the USS Lexington and the Corpus Christi Beach Association have been involved with formulating the recommendations in the plan. Per City Charter, the Planning Commission conducted a public hearing on June 22, 2011, and recommended City Council adoption of the plan. 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: There is no immediate financial impact as this item is a "general plan" or Comprehensive Plan. The Plan should form the basis for adding projects to the City's Capital Improvement Plan. The long term financial benefit from completing "general plans" is that the City establishes the plan or guide by which all entities, including City Departments, private investors, and other partner public entities (GLO, the County, RTA) may move in unison to pursue the goals and policies of the plan. t EcO11ftAilf-f�t[�A�A'rtON:-- -- Staff recommends City Council adoption of the plan. LIST OF SUPPORTING DOCUMENTS: Attachment 1: Powerpoint Presentation Attachment 2: Meeting Dates Attachment 3: Plan Text in Word Doc 8 1/2 x 11 Format Attachment 4: Ordinance (Plan Map and Plan Text - http://www.cctexas.com/planning/) 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 Page 3 of 3 -177- Attachment 1: PowerPoint Presentation Corpus Develo hristi Beach ment Plan Planning Department Brum 'rte • ISM SelaSeenseaValehrretlIrehel. imiekapan mar sw analog= cirr,c03. L • North Central ADP — Adopted 1n1989 • Renamed and expanded • Corpus Christi Beach Development Plan ar Expanded — to includ Rincon Channels A and B elBq .. - lllklpT]lw c �. Map mama nunin Op= mra- :SS WIN rice= L'Ir :N m Sea 11,,,,,,LeeleadrsAr maims see asessea. ser isch. seese- Se, LSif,114 .U.44 Mae Penni `g Department Semis re ollosm:4411asf Maw On '4mgWe.te.'W.esarisrseeie hes a SSW WO :Malik rseems ah. swum. taiontr .440,4 2 DRAFT April 2011 CORPUS'CTIRISTI BEACH DEVELOPMENT PIAN IMIMMINK1 mr terA.f.rlr.4.d.r..a., rro.r..MW...Y fYJeWY..1a.a .0.1 t.r.. 1141,0.41...1.01011.01,1a1141,0.41141,0.41...1.01011.01,1.01011. 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W Y.ImWn •Win.Wrr.f-ri ql ww .•Yti rte. lq iva.Wrm'r�.a�nnYowrlwn..oe.w�.c0.air- 1wr.....rP..YY.urJ.'Yu.estaar.a.9.Tw...1 w 3am4MfA.La.Ve3.r.W1.d.Ye...ylYwr �.m�.ry.wW w.nWil..aa14 4-U .wl.w.Y'. e•Waymb.b sna.I ..... wSYn.Nr..l'.a.p.1.4 .a...1... m. ..4ce..Na'Wr •11101101:1,...1. =7.2"="".••=•.%=. .di siii. ro C0111.1fa CHw}IECk0H C41/4LPPI.FNtPLPN - e.Wmpuloll. .424,4PS14. PI4Ywtln0..LLk.1.Tlbd CaW Phm.T41Yw B1.YvwlL.. 1 _.. r Portion - Goals • Higher Density • More Destinations s Drainage • Tourist Oriented Uses • Pedestrian Improvements !Diann' g Department �► Rezone Bayfront to o e zone consistent with the p1, n • Improve streetscape 1?etween the Aquarium and the Leington • Wider sidewalk • More on -on -street parking • Repair Breakwater Si1ewaIk / entrance to Breakwatr Planni p [MSE g Department 7 Existing North Sharpe Board in 140` Right -o% 4 Fett • Existing Condition N. S and the Lexington Inefficient use of 100. foot • Narrow sidewalk • Unsightly overhead utiliti to Inefficient parallel parkin Plan oreline— Between Aquarium right-of-way layout g D4parfinenf 8 opoit Degree Perking bite Travel Lane 45 Degre n for Vehicles, Pedestrians and to Improve streetscape the Lexington • Wider sidewalk • More on -on -street pa • Remove overhead uti • Create an attractive c Planni etween the Aquarium and king ities mmunity space ;g Department 9 MAKIN& Breakwater between she Aquarium and Lexing on e Opportunity for plaza and destination s Parking lost could be replaced with on stre t angled parking on Neth Shoreline Planni g Department 10 }j rn w Itormex:• in Encourage lower density uses • Upgrade water sys' • Remove zoning barri rs to redevelopment � Improve streets & sid walks a Add sidewalks to bea h access roads • Improve city park lan Penni g Department 13 • Promote lower densitydeve1opment si Utilities designed for lo; er density • Reduce lot width and Int size requirement in the RM AT District for single family developrn.*nt • Consider the area for n architectural overlay similar to the I land Overlay District SC y►.ilAlw1 - Planni g Department • Approximately 17.5 acr of wetlands • Create Protected Wate • Enhance Wetlands • Pursue Public Private Partnership Planni s of uplands; 12.2 acres g Department 15 Adopt a Specific Plan for Dolphin Park • Trails • ADA Adventure � Birding • Protected Beach • wir,,,"*.N- 4 -7,1 t*. Allor likeC ea Paradise Pier was a major community attraction in the 1930s • A new Pier would be built to modern standards / FEMA Standards VIS ow' i-eie -ore.riporraa,,,,pgmaiamory L'arimerms Planni g Department 17 4 esti nations • Paradise Pier • Opportunity at Surfside Park to create a new landmark destination and recreate a modern Paradise Pier ij 4'174 .th,,A4ettcf:'*Lit4 .;6x . . - -°116-4"""1111*-41'• Ranni g Department 1,8 -� F :i' Fu,; rcaca,' 1a,:6ol'dn`urcImo;r:.c¢n7 s Existing Piers as a Mo for CC .Beach � Manhattan Beach California • Huntington Beach California. Planni e g Department 19 N 0) • Some of the 16 Major � Develop Paradise Pier • Reduce Street Floodin • Improve Streets and si • Adopt a Specific Plan f � Renovate Public Restr 8 Develop public plazas 8 Renovate the breakwat attraction Planni an Projects ewalks next to existing development r Surfside Dolphin Parks oms at both parks ;ear USS Lexington and Aquarium r next to the Lexington as a new g Department w 0) : 43 Planni g Department Attachment 2: Meeting Dates Meetings and Public Input Monday, 4/512010, 5:30 pm Thursday, 4/8/2010, 7 pm Monday, 5/3/2010, 5:30 pm Monday, 6/7/2010, 5:30 pm Monday, 8/9/2010, 5:30 pm Thursday,9/16/2010 5:30 pm Wednesday, 9/1/2010 Thursday, 9/2/2010, 5:30 pm Wednesday, 9/8/2010, 5 pm, Corpus Christi Beach Taskforce Corpus Christi Beach Association Corpus Christi Beach Taskforce Corpus Christi Beach Taskforce. Corpus Christi Beach Taskforce Corpus Christi Beach Association Planning Commission - Discussion and Presentation Staff Committee Room Watershore Advisory Committee Discussion and Recommendation fish Floor Conference, Park and Recreation Advisory Committee Discussion and Recommendation RECOMMENDED ENDORSEMENT OF THE PLAN CONCEPTS Monday, 9/13/2010, 10 am Monday, 9/13/2010, 5:30 pm Tuesday, 9/14/2010, 3 pm Meeting with Deidra Williams of Texas A & M Corpus Christi Corpus Christi Beach Taskforce Meeting with Michelle D. Horine, Vice President Nature Tourism and Communications, Corpus Christi Convention and Visitors Bureau, Office 881-18181 Cell 533-0768 Wednesday, 9/15/2010, 1:30 pm Meeting with Economic Development and Legal to discuss financing incentives Thursday, 9/16/2010, 4:30 pm Corpus Christi Beach Association at the Breakers Condos Tuesday, 9/21/2010, 2 pm Corpus Christi Audubon Outdoor Club, President Leah Pummil 991-9031/ pum37@stx.rr.com Monday, 9/13/2010 Monday, 10/11/2010 Monday, 11/8/2010 Thursday, 12/2/2010 Monday, 12/20/2010 Corpus Christi Beach Taskforce Corpus Christi Beach Taskforce Corpus Christi Beach Taskforce Rincon Channel / Ocean House Status Report Corpus Christi Beach Taskforce Planning Subcommittee Monday, 1/10/2011 Monday, 2/7/2011 Monday, 3/7/2011 Wednesday, 4/24/2011 Sunday, 6/12/2011 Wednesday, 6/22/2011 Tuesday, 10/18/2011 Tuesday, 10/25/ 2011 Tuesday, 11/8/2011 Presented Stormwater Report Presented Updated Plan Map Presented Streets, Water and Wastewater infrastructure Report Presentation to Planning Commission Newspaper Public Notice Planning Commission Public Hearing City Council Presentation City Council Public Hearing and First Reading of an Ordinance City Council 2nd Reading and Adoption of an Ordinance Attachment 3: Plan Text in Word Doc 8 % x 11 Format CORPUS CHRISTI BEACH DEVELOPMENT PLAN INTRODUCTION The Corpus Christi Beach Development Plan is an element of the Comprehensive Plan and a more specific supplement to the City's adopted Future Land Use Plan. This plan replaces the North Central Area Development adopted in 1990 and later amended in 1995. The purpose of the Corpus Christi Development Plan is to provide a vision for City Council decisions concerning rezoning, capital improvement projects, legislative goals, and funding strategies. The planis intended to send a clear message to residents, property owners, potential property owners, the Port of Corpus Christi, the County and any other agencies with an interest in Corpus Christi Beach regarding the City's high priority for development of Corpus Christi Beach. The land uses displayed in the plan are adopted as required by the City's Charter. The inset pictures, text explanations and map annotations on the Future Land Use Plan Map are provided as examples or concepts of potential development and to assist in communicating a desirable "Vision" for the future. STATE ENABLING AUTHORITY Chapter §219 of the Texas Local Government Code authorizes a municipality to create a Comprehensive Plan ".... for the purpose of promoting sound development of municipalities and promoting public health, safety, and welfare." Chapter §219 authorizes a municipality, without limitation, to address future land, transportation, public facilities or other topics in the Comprehensive Plan. Before the governing body of a municipality may adopt a Comprehensive Plan, the City Planning Commission must conduct at least one public hearing, provide comments and a recommendation to City Council. The City Council must also conduct at least one public hearing for citizen comments before adopting the plan. HISTORY Corpus Christi Beach has had a colorful history from the mid -1800s during the Mexican - American War to modem day as a key destination for visitors to Corpus Christi. On August 1, 1845, Zachary Taylor set up camp for 4,000 soldiers, half of the US Army at the time, on Corpus Christi Beach. After the war, Corpus Christi Beach became a point of departure for Forty-niners headed for the California gold rush. During the early 1900s Corpus Christi Beach was connected to the downtown by a small street car line. In 1913, the Corpus Christi Beach Hotel was purchased by the government for use as a convalescent hospital for World War 1 soldiers. The hospital survived the 1919 hurricane and was later sold in 1927 and once again became a hotel, this time named "The Breakers". In 1939, the City was chosen as the site of a new naval air Page 1 of 8 Attachment 3: Plan Text in 81/2x11 Format —202— station and many of the transient workers for constructing the naval base set up camp on Corpus Christi Beach. From the 1900s through the end of WWII Corpus Christi Beach had become a thriving tourist destination complete with Paradise Pier, a roller coaster and a ferris wheel. However, repeated hurricane impacts, especially the hurricanes of 1919 and a series of hurricanes from 1961 to 1970 (Carla, 1961; Beulah, 1967 and Celia, 1970) either destroyed the tourist facilities or put them in a severe state of decline. In the 1980s the City took action to stem the decline by establishing Corpus Christi Beach as the site for the Texas State Aquarium. In 1990, the Texas State Aquarium opened with over 400,000 visitors in its first year. Two years later the USS Lexington opened with over 350,000 visitors. The Beach, The Aquarium and the US S Lexington continue to be three of the premier destinations for visitors to the area. PLAN AREA DESCRIPTION Approximately 453 acres of land and water bounded on the north by the Corpus Christi City limits/Nueces Bay, on the east by Corpus Christi Bay, on the south by the north side of Corpus Christi Ship Channel, and on the west by the Port of Corpus Christi Herbie A. Maurer Material Placement Area and the existing city limits. EXISTING CONDITIONS PC PU TION N 1- - Js N H -A tS Census 2000 Popu lation Ho using Households Household Size Owner Occupied Housing Median Age Median Household Income Households with individuals under 18 Households with indivi duals 65 years and over Corpus Christi Beach is located in Census Tract 1 1E-5....._.._...__ ....... CC Beach 440 392 253 1.74 38.7% 48.1 32,045 9.9 25.3 Corpus Christi 277,454 107,831 98,791 2.75 59.6% 33.2 36,414 41.4 22.3 EXISTING LAND USE With a total area of 436 acres, the Corpus Christi Beach area is the smallest by far of all of the City's planning areas. The amount of right-of-way at 29% of all the land is not so much different then most fully developed areas where right-of-way is usually about 25% of the total. Still, the amount of right-of-way, suggests that the City should be receptive to requests for right- of-way closure on a case by case basis, especially where a closure may allow for economic or park development and where there is not a significant impact on beach access. Closure of any of the roadways the direct traffic to the City's on beach parking should be construed as having a significant impact on beach access. Very little industrial uses such as warehousing and manufacturing exist on Corpus Christi Beach and wherever possible industrial uses should be discouraged or prohibited. The City's Zoning Ordinance defines out -door amusements as industrial uses but such uses should not be prohibited Page 2 of 8 Attachment 3: Plan Text in 81/2x11 Format —203-- from Corpus Christi Beach and, except for the City's Zoning Ordinance, are generally not considered "industrial uses". ZONING The Corpus Christi Beach Area zoning is primarily intended to promote tourist oriented development with some permanent residential uses. The zoning districts in the area include: CG -2 General Commercial District; CR -1 Resort Commercial District; CR -2 Resort Commercial District; CR -3 Resort Commercial District; RM -AT Multifamily AT; and CN -1 Neighborhood Commercial District. The vast majority of property on Corpus Christi Beach is zoned a CR -1, CR -3, or RM -AT District. Several of these districts have a tourist or visitor orientation with higher amenities and higher density then most districts used throughout the city. In general, the Resort Commercial Districts are used in the area south of Burleson Avenue. The Resort Commercial Districts allows a wide range of tourist oriented uses with a required 20 foot landscape strip along street frontages. The Resort Commercial Districts provide a selection of tourist retail oriented uses and a provision for providing parking off-site within 2,000 feet of the use. Given the limited — pa a labs q thit is te= ie g -v-be vided €f-s:t t e - the highest possible retail space density and to prevent the area from turning into a parking lot. As an aid to redevelopment and to promote pedestrian oriented development, the Resort Commercial District allowance for parking to be placed within 2,000 feet should be considered for other areas near the beach located east of Surfside Boulevard. In addition, consideration should be given to creation of an architectural overlay district to promote the beach / waterfront theme in the area. PLATTING The City Charter requires a property be platted before a building permit can be issued and essentially the entire Corpus Christi Beach area is platted. The entire area was part of the Brooklyn Subdivision recorded in Nueces County Court House on November 8, 1890. The plat contained two piers, including "Paradise Pier", Mirimar Hotel site (the Aquarium site) and a proposed County Fair Grounds between Causeway Boulevard and Surfside Boulevard and south of Surfside Park, A number of replats have occurred since the initial Brooklyn Subdivision, such as the Texas State Aquarium Subdivision, recorded on April 15, 1988 and the North Beach Park Subdivision (22.361 acres of city land at the north end of Corpus Christi Beach), recorded February 18, 1988. The only areas not platted are those lands on both sides of Rincon Channels A and B. There are also some properties that have replotted only a portion of an original lot, thereby leaving a remainder portion that is not now part of a whole platted lot. Page 3 of 8 Attachment 3: Plan Text in 81/2x11 Format -204-_ BUILDING There are three FEMA Velocity Zone designations on Corpus Christi Beach which have had and will continue to have a dramatic effect on the nature of construction in the area. The Velocity Zone requires to have a finished floor elevation of 15, 13 or 12 feet depending on the Corpus Christi Beach location. These designations require that the first habitable floor of any structure be protected by building up, which results in single family stilt structures and commercial structures with parking located underneath the structure. BEACH MANAGEMENT Corpus Christi Beach is approximately one -mile long with a sandy area of about 30 acres making it the area's single most important asset. The entire beach is open to the public with nine access points with public parking. Several of the access points have restrooms, outdoor showers and covered picnicking areas. 'Motorized vehicles are not allowed on the beach and a 10 foot wide concrete promenade runs the entire length of the beach from the Texas State Aquarium to the terminal groin structure at the north end of the beach. Corpus Christi Beach has smaller waves and very little undertow which minimizes hazards to swimmers, especially children. The one major concern with the beach is erosion. Since General Zachary camped on th? heachjiilha la t a bl arh" has bra n known fin od!ng hear h It bac - been estimated that the beach, in the 1800s extended beyond where the USS Lexington is located. Currently the city has a shoreline monitoring program to monitor erosion as periodic beach re -nourishment will be needed. The terminal groin, constructed in the 1970s as part of a major beach renourishment project by the City and the State, does successfully trap some of the sand for redistribution. The last beach redistribution of sand 1 beach re -nourishment occurred in the early 2000s. DEVELOPMENT ISSUES • Lack of multiple destinations • Lack of a large permanent residential community - A small vocal residential population does exist but a larger permanent residential population would support a greater range of commercial businesses and add vitality to the area during the workweek and off-season time periods. • Lack of a detailed City Master Site Plan for Surfside and Dolphin Parks • Lack of agreement between the City and the Port of Corpus Christi—An agreement is needed to assure the land in the industrial district next to Rincon Channel A is developed in a manner compatible with the vision for Corpus Christi Beach. Heavy industrial uses and the associated noise, light, dust, and visual effects could have a negative impact on the area • Beach renourishment— A plan is needed for continued maintenance and restoration • A continuous Police presence on Corpus Christi Beach is beneficial and essential to continued investment in the area. • Quality of life crimes such as littering and graffiti continue to be an on-going Page 4 of 8 Attachment 3: Plan Text in 8112x11 Format –205– problem on Corpus Beach • Flooding of streets and park areas after heavy rains • Dead-end water lines - Where elimination of dead-end water lines is not feasible, consideration should be given to flushing the lines by using the water for irrigation or potentially a water feature on the beach or at on the parks. • Lack of water / wastewater infrastructure to support proposed development • Protection of public visual access to the bay along streets accessing public parking areas • Excess street right-of-way • Eroding city land north of the terminal groin • Protection and enhancement of existing wetlands at the north end of Corpus Christi Beach. • Fragmented land ownership — Poses a challenge to redevelopment and destination projects. There are only three sites either on Corpus Christi Beach or immediately abutting the area which contain 20 or more acres of contiguously owned property by a single entity. DEVELOPMENT GOALS • Create a uniquely attractive atmosphere for small and large scale visitor destination attractions --- --- •= ... romo e-.. irm ; eco oar�sm._an.._- access i - g . • Design public spaces to create destinations with uniquely attractive public facilities. Target the southern half of Corpus Christi Beach as a location for "high impact" destinations with the north half of Corpus Christi Beach as a destination for "low impact" destinations. High impact destinations may have visual and noise impacts, such as a Ferris wheels, roller coaster, etc.. . • Generate community pride by creating public destinations available to the citizens of Corpus Christi. • Create a detailed master plan for Surfside and Dolphin Parks. These two potential assets could be the catalyst for renewed growth on Corpus Christi Beach. • City commitment to maintaining the Corpus Christi Beach to the highest standard of cleanliness for public beaches. • City commitment to target the area for redevelopment. PLAN POLICIES ENVIRONMENTAL Policy Statement 1: Prepare for beach renourishment. For the last 200 years, Corpus Christi Beach has and will continue to be an eroding beach area. The City should anticipate the future need for beach renourishment, either by gradual erosion or following a storm surge. In order to prepare for Corpus Christi Beach renourishment, Page 5 of 8 Attachment 3: Plan Text in 81/2x11 Format –206– annual beach erosion monitoring should take place. Additionally, a beach fund should be created to match state or federal grants. LAND USE AND ECONOMIC DEVELOPMENT Policy Statement 2: Promote and develop a host of community and tourist destinations for Corpus Christi Beach. Currently, Corpus Christi Beach has three major destinations including the beach, the Texas State Aquarium and the USS Lexington. Three destinations are not adequate for tourism and economic development. Proposed destinations could include: • Water features • Public plazas • Exhibitions of public art • Development: New Pier "Birding Base Camp" PavilionlTourist Information Center Casino Style Gambling Soccer Tournament Center Grand Beach Pavilion Beachwalk Expansion Upscale City Recreational Vehicle Park Policy Statement 3: Develop a master site plans for Dolphin and Surfside Parks consistent with the recommendations of this Area Plan. A birding/ecotourism theme should be a primary theme for Dolphin Park, while Surfside Park should be themed for beach -bound social events and water sport theme activities. A secondary theme for both parks could be Americans with Disabilities Act (ADA) compliant destinations. Policy Statement 4: The City should pursue State designation as a "Texas State Birding and Ecotourism Center." The State designation should be for the City park at the north end of the beach. The City should then consider development of a headquarters for ecotourism activities, especially birding. Policy Statement 5: The City should rezone the Corpus Christi Beach area consistent with the plan, remove barriers to development and to create a tourist oriented theme. The zoning district or overlay should require new development to follow common coastal architectural themes and remove barriers to development. Residential and commercial requirements should include architectural features such as the inclusion of at least one coastal architectural element. These elements could include balconies, cupolas, or widow's walks, etc. Commercial requirements should provide incentives for creation of plazas, outdoor seating areas, fountains, public art, shade structures or other features that build on the coastal design theme. Pedestrian oriented uses should be emphasized. Parking requirements should be altered to encourage development of buildings / destinations on beachfront property. Page 6 of 8 Attachment 3: Plan Text in 81/2x11 Format —207 TRANSPORTATION Policy Statement 6: TRANSIT: The City and Regional Transit Authority (RTA) should provide a seamless transit system between the north and south sides of the ship channel. Fundamental objectives are to provide transit services between the American Bank Center and Corpus Christi Beach to the citizens of Corpus Christi and visitors to the community. The RTA should provide the operational infrastructure for transit while the City or its public and private partners should encourage transit development by allowing development of RTA funded infrastructure were city land is available. Enhanced transit services should consist of high quality boarding and drop off facilities and include a combination of land and water transit choices. Policy Statement 7: The City should consider alternative street designs for the Corpus Christi Beach area. In coastal locations, standard curb and gutter designs for public streets may not be feasible due to drainage and high water table issues. However, ADA compliant sidewalks on all public streets on Corpus Christi Beach should continue to be one of the City's highest priorities, INFRASTRUCTURE / PUBLIC SERVICES Policy Statement 8: RECREATION: Establish the highest possible standard of Public beach maintenance.-- -Corpus ChiiSti Beath Is a es ina Eon ToffirstorS to the community. Therefore, maintenance services should be held to a higher standard than maintenance services for other areas of the City. In this area, Parks and Recreation services have the potential to add to "economic development." Until the City can afford to implement a higher standard of maintenance, volunteer support in the form of park clean-ups should be integral or even an essential aspect of providing the service. Enhanced clean-up should be conducted prior to, during and following peak tourist holidays and vacation season. Policy Statement 9: PUBLIC EDUCATION: Initiate a public education program focusing on community pride including the elimination ofquality of life crimes such as littering and graffiti. A "Crime Stoppers" style program should be implemented encouraging citizens to report littering violations. The installation of video cameras should also be considered as a littering determent method and public signage should indicate the penalties for littering. The City should continue to aggressively prosecute these crimes. Policy Statement 10: POLICE 1 SECURITY: Continue the neighborhood patrol program for Corpus Christi Beach. Police service in the Corpus Christi Beach area is integral to the economic success of the area. Without enhances police protection services, destinations in any community cannot thrive. Coordination between the Police, private security and the City's Parks and Recreation Department on litter control and enforcement of vagrancy laws is critical to the success of the Corpus Christi Beach destination. Page 7 of 8 Attachment 3: Plan Text in 81/2x11 Format -208- Policy Statement 11: STORM DRAINAGE: Develop a specific Drainage Master Plan for Corpus Christi Beach. Evaluation of the existing system is needed to identify problem areas for drainage and recommendations for solutions. However, the only practical solutions may be to reduce or mitigate drainage problems FINANCING Policy Statement 12: BOND PROGRAMS: Obtain bond project monies for the Corpus Christi Beach area. The City is currently on a four year bond program cycle and scheduled for bond programs in 2012, 2016, and 2020. The Corpus Christi Beach Association, the Texas State Aquarium and the USS Lexington should present a united front to obtain these monies. Policy Statement 13: The City should create a Tax Increment Reinvestment Zone (TIRZ). After commitment from a major development, ranging from $25 to $50 million, the TIRD should be created. The revenues should be used for funding public improvements. Policy Statement 14: The City should consider creating a Public Improvement District (PID) or a Municipal Management District (MMD). A PID or MMD should be formed for upgrading substandard or non-existent public improvements. A Districts • • • -_ ' . ._ - P._ a to v fngluhij�_i :p omei• - 1°. • - . •• - iy_ owners serviced agree to an increase in city property taxes, the revenues can pay for public improvements. While the increase in taxes is not usually popular, typically the property owner pays only a portion of the total cost of the project with the city covering the remaining portion of the project. Policy Statement 15: The City should aggressively pursue grant funding for Corpus Christi Beach projects. Plan Project Priorities 1) Develop Paradise Landing and Observation Platform. Paradise Pier was once a major attraction on Corpus Christi Beach and a new landing and observation platform would provide an enhancement to existing beach activities and a potential new destination. 2) Reduce street flooding by cleaning out clogged underground drainage lines. Determine what additional drainage improvements are needed. 3) Improve streets with sidewalks next to existing high density residential developments, next to Surfside Park and to beach access parking lots. Eliminate dead-end water lines serving existing high density residential development. 4) Adopt a specific implementation site plan for Surfside Park and Dolphin Parks. Consider participatory water features, pavilions and public art as potential Page 8 of 8 Attachment 3: Plan Text in 81/2x11 Format -209- destinations. 5) Replace the public bathrooms at Surfside and Dolphin Parks in a location consistent with a specific park master plan. 6) Develop a public pedestrian plaza at the entrance to the Breakwater Structure between the Lexington and the Aquarium, enhance the Breakwater Structure with safety railing, lighting and a wider sidewalk and widen sidewalks and add on street parking on North Shoreline Boulevard between Pearl Street and Coastal Avenue. 7) Develop an ADA accessible sidewalk with lighting and a fishing platform on top of the Terminal Groin next to Dolphin Park. 8) Construct a new groin at the north end of Corpus Christi Beach to reduce erosion, capture sand and to create a new beach with a protected water sports area. 9) Create a regional Birding and Ecotourism headquarters at Dolphin Park. A. Enhance the three major wetlands at Dolphin Park B. Create trails and looks outs for birding C. Seek designation as the Texas State Birding Center 11) Create Targe, attractive shelter areas at Dolphin and Surfside Parks. 12) -En ag -_mo r • :mac ce res;- hod.,.. r TenLals; ..._... •- _. ,-� • etc. along the beach walk and in Dolphin Park. 13) Pursue state law changes to permit Las Vegas style gambling on Corpus Christi Beach. 14) Once a major development (25 to 50 million) commits to development, create a Tax Increment Reinvestment Zone to "capture" the increase tax value (the tax increment) for funding public improvements. 15) Update the CR -3 Resort Commercial District and then rezone the area south of Surfside Park to the CR -3 District. Create an architectural zoning overlay district to promote a consistent coastal architectural theme for commercial and residential properties. 16) Preserve physical and visual access to the beach along streets which terminate in public beach parking areas. All other streets not on the City's Transportation Plan maybe be considered for closure on a case by case basis at the request of the abutting property owners. Adopted by City Council Ordinance # on , 20 H.U.D. Community Development Block Grant monies were used to partially fund preparation of this plan. For more detailed map information refer to www.cctexas.com under the heading of Comprehensive Planning / Master Plans. Page 9 of 8 Attachment 3: Plan Text in 81/2x11 Format CORPUS CHRISTI BEACH DEVELOPMENT PLAN September 2011 Planning Department Photographs Donated: by Third Coast Photo & The Texas State Aquarium Page 10 of 8 Format Attachment 3: Plan Text in 81/2x11 —211717— Attachment 4: Ordinance ' Page 11 of 8 Attachment 3: Plan Text in 51/2x11 Format -212— 1 Ordinance amending the Comprehensive Plan for the City of Corpus Christi by amending the PortlAirportiviolet Area Development Plan area boundary to delete the Rincon Channel areas; amending the boundaries of the North Central Area Development Plan to include Rincon Channel areas; providing for a new plan name of the North Central Area Development Plan to the Corpus Christi Beach Development Plan; amending the Comprehensive Plan by adopting the Corpus Christi Beach Development Plan which incorporates a comprehensive rezoning strategy, policies for growth and development, a prioritized project list for consideration in the City's Capital Budget Improvement Plan, legislative priorities and direction in seeking partnerships and grants from various entities, repealing portions of Ordinance 022166 pertaining to the North Central Area Development Plan; amending related elements of the Comprehensive Plan including the Future Land Use Plan adopted by Ordinance 028504; providing for severance; providing for an effective date; and providing for publication. WHEREAS the Planning Commission has forwarded to the City Council its reports and recommendations concerning the adoption of the Corpus Christi Beach Development Plan as an element of the Comprehensive Plan of the City of Corpus Christi, and related elements of the Comprehensive Plan; WHEREAS with proper notice to the public, public hearings were held on Wednesday -11.111e-,22- 011 eet h- '. a o u .. November 8, 2011 during a meeting of the City Council of the City of Corpus Christi during which all interested persons were allowed to appear and be heard; 1 -la Si - WHEREAS the City Council has determined that these amendments would best serve public health necessity and convenience and the general welfare of the City of Corpus Christi and its citizens; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TEXAS: SECTION 1. That the Port/Airport/Violet Area Development Plan area boundary is amended to delete the Rincon Channel areas SECTION 2. That the boundaries of the North Central Area Development Plan are amended to include Rincon Channel areas. SECTION 3. That a new name is provided for the North Central Area Development Plan to the Corpus Christi Beach Development Plan. SECTION 4. That the Corpus Christi Comprehensive Plan of the City of Corpus Christi, Texas, is hereby amended by adopting the Corpus Christi Beach Development Plan to read, as shown in Exhibit 1, attached and incorporated by reference into this ordinance. The Corpus Christi Beach Development Plan will be filed in the Office of the City Secretary. J:ILISA12011 Ordinance\Corpus Christi Beach Development Plan 2.doc -213- SECTION 5. That portions of Ordinance 022166 as amended pertaining to the North Central Area Development Plan are hereby repealed. SECTION 6. That the Corpus Christi Beach Development Plan includes a comprehensive rezoning strategy, policies for growth and development, a prioritized project list for consideration in the City's Capital Budget Improvement Plan, legislative priorities and direction in seeking partnerships and grants from various entities. SECTION 7. That to the extent the amendments made by this Ordinance represent a deviation from the Comprehensive Plan, the Comprehensive Plan, including the Future Land Use Plan as adopted by Ordinance 028.504, is amended to conform to the amendments made by this Ordinance. SECTION 8. That the Comprehensive Plan of the City of Corpus Christi, Texas as amended from time to time, except as changed by this Ordinance and any other ordinances adopted on this, date remains in full force and effect. SECTION 9. That part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 10. The City Council intends that every section, paragraph, subdivision, rlause_2hrase wnrri nr .. . s p .... -ba�yfhd.-ecf,-- for its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by finaljudgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. SECTION 11. 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 12. This Ordinance takes effect upon date of publication, or date of final Council action, whichever occurs last. J:ILISA12011 Ordinance1Corpus Christi Beach Development Plan 2.doc —214— 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 Chris N. Adler Larry Elizondo Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa City Secretary APPROVED as to form: By: c .•c'i-z Lisa Aguil . ssistant City Attorney for the City Attorney OGS / 3 av f ) Joe Adame Mayor 11 AGENDA MEMORANDUM for the City Council Meeting of November 8, 2011 DATE: 11/8/2011 TO: Ronald L. Olson, City Manager FROM: Armando Chapa, City Secretary armandoc@cctexas.com 361-826-3105 A, t `�--�-- Carlos Valdez, City Attorney carlosv(a�cctexas. com 361-826-3873 Initial Assessment of Single Member District Population Deviations and Criteria and Guidelines to conduct Redistricting for the City of Corpus Christi CAPTION: A. Presentation on Initial Assessment of Single Member District Population Deviations. B. Resolution of the City Council of the City of Corpus Christi, Texas adopting criteria for use in the Redistricting 2011 Process; and providing an effective date. C. Resolution of the City Council of the City of Corpus Christi, Texas establishing guidelines for persons submitting comments and specific redistricting proposals; and providing an effective date. BACKGROUND AND FINDINGS: The City of Corpus Christi entered into a contract with Bickerstaff Heath Delgado Acosta LLP to provide redistricting services. The Bickerstaff firm has completed the initial assessment using the 2010 census population data and it shows that council single member districts are out of population balance and will require redistricting of the council member districts. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Required legislative action. EMERGENCY / NON -EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: 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:The funding for redistricting services were approved by Council on September 20, 2011. The city cost is $40,475. RECOMMENDATION: Staff recommends approval of Resolutions as presented. LIST OF SUPPORTING DOCUMENTS: Attachment A — Initial Assessment Presentation Attachment B — Resolution adopting Criteria Attachment C — Resolution establishing Guidelines Approvals: Carlos Valdez, City Attorney -220- Bickerstaff Heath Delgado Acosta LLP 37113. MoPac Expressway Building One, Suite 300 Austin, Texas 78746 (513) 472-8021 Fax (512) 320-5638 www.bickerstaff.com October 24, 2011 Honorable Joe Adame, Mayor Members of the City Council City of Corpus Christi Corpus Christi City Hall 1201 Leopard Street Corpus Christi, Texas 78401 Re: Initial Assessment considering 2010 Census data Dear Mayor and Council Members: This is the Initial Assessment letter for the City of Corpus Christi, Texas. Our review of the recently released 2010 Census population and demographic data for the City shows that the City councilmember districts are sufficiently out of population balance that you should redistrict. We are prepared to meet with the City Council on Tuesday, November 8, 2011 to review the Initial Assessment, and .to advise the City Council on how to proceed to redistrict the City councilmember districts to bring them into balance for use in the 2012 election cycle. This letter presents a brief overview of basic redistricting principles to assist you in preparing for our presentation on the assessment. We also set out suggested posting language for the meeting at which the Initial Assessment will be presented in the attachments. Note that this posting language includes agenda items for the adoption of redistricting criteria and guidelines. These are matters that should be addressed early in the redistricting process to enable us to proceed efficiently. We will be working with you to develop the appropriate language for your adoption of redistricting criteria and guidelines. There are four basic legal principles that govern the redistricting process: (i) the "one person -one vote" (equal population) principle; (ii) Section 5 of the Voting Rights Act, requiring preclearance and applying a "retrogression" standard to minority group populations in specific districts; (iii) the non-discrimination standard of Section 2 of the Voting Rights Act; and (iv) the Shaw v. Reno limitations on the use of race as a factor in redistricting. These principles are discussed in detail in the attachments to this letter, which we urge you to read and review carefully. In addition, we discuss the City's obligation to review and adjust councilmember districts even though it may not be legally required to do so. The "One Person — One Vote" Requirement: Why You Should Redistrict The "one person -one vote" requirement of the United States Constitution requires that members of an elected body be chosen from districts of substantially equal population and applies to city councils. Exact equality of population is not required, but a "total maximum —221— October 24, 2011 Page 2 deviation" of no more than ten percent in total population between the most populated and the least populated city councilmember districts based on the most recent census should be achieved. This maximum deviation of ten percent constitutes a rebuttable presumption of compliance with the one person -one vote requirement. If the City's councilmember districts do not fall within this ten percent maximum deviation, the City is at substantial risk of being sued for violation of one person -one vote standards, and it would have little if any defense to the suit. The population and demographics of all of the current city councilmember districts are presented in here and in Attachment A. District Persons Deviation Hispanic % of Total Population Non- Hispanic Anglo % of Total Population Non- Hispanic Black % of Total Population Non- Hispanic Asian % of Tota! Population Non - Hispanic Other % of Total Population 1 56,905 -6.48% 66.57% 27.60% 4.53% 0.38% 0.92% 2 58,116 -4.49% 73.88% 21.94% 2.67% 0:48% 1.02% 3 59,103 -2.87% 78.29% 14.28% 5.76% 0.72% 0.95% 4 60,151 -1.15% 32.75% 59.55% 2.82% 2.62% 2.27% 5 69,967 14.99% 50.26% 40.27% 3.80% 4.13% 1.54% Totals 304,242 59.81%. 33.16% 3.91% 1.77% 1.35% Ideal Size = 304,24215 = 60,848 per district. Total Maximum Deviation =14.99% - (-6.48%) = 21.47% Some percentages may be subject to rounding error. The tables in Attachment A show that the total population of the City on April 1, 2010, was 304,242 persons. This represents an increase in population from 277,454 persons on April 1, 2000, or approximately 9.6 percent. The ideal City councilmember district should now contain 60,848 persons (total population 15 districts). Councilmember District 5 has the largest population, which is approximately 14.99 percent above the size of the ideal district. District 1 has the smallest population, which is approximately 6.48 percent below the size of the ideal district. The total maximum deviation between the five existing City councilmember districts for the City, therefore, is 21.47 percent. This total maximum deviation exceeds the standard of tea percent that generally has been recognized by the courts as the maximum permissible deviation. Accordingly, the City should redistrict to bring its City councilmember districts within the ten percent range permitted by law. -222- October 24, 2011 Page 3 Preclearance under Section 5 of the Voting Rights Act: The City's retrogression benchmark plan The Voting Rights Act of 1965 has applied to Texas since November 1, 1972. It requires that all political subdivisions within the state, including Texas cities, submit any proposed voting changes to the Department of Justice ("DOJ") for preclearance prior to implementation in any election. DOJ examines any submitted changes to insure that the change does not have a "retrogressive" effect on protected minority voters in the political subdivision. Redistricting of city counciimember districts is a voting change requiring preclearance from DOJ. In determining if a new plan is retrogressive under Section 5 of the Voting Rights Act (see Attachment C for a discussion of retrogression and Section 5 requirements), DOJ will compare the newly adopted plan to the current plan considered in the context of the 2010 Census data. This is the retrogression "benchmark" which is shown in Attachment A for the City. DOJ will review any changes made to the current plan by comparing minority voting strength under the proposed new plan as a whole to that under the benchmark current plan considered as a whole. The tables identify districts 1, 2, 3, and 5 as "majority -minority districts," that is, districts in which a minority group population constitutes a numerical majority of the district total population. Changes to these districts should be carefully considered in the context of their current racial and ethnic makeup to avoid retrogression. Section 2 of the Voting Rights Act: Avoiding discrimination claims • The data in the Population Tables in Attachment A as well as the data in the maps in Attachment B, which show the geographic distribution of the primary minority groups in the City, will also be important in assessing the potential for Voting Rights Act Section 2 liability. (See Attachment C for a discussion of Section 2.) In redistricting the City councilmember districts, the City will need to be aware of the legal standards that apply. We will review these principles in detail with the City Council at the presentation on the Initial Assessment. The process we have outlined for the redistricting process and the policies and procedures that we are recommending the Council adopt will insure that the City adheres to these important legal principles and that the rights of protected minority voters in the political subdivision are accorded due weight and consideration. Shaw v Reno: Additional equal protection considerations In the past, local government redistricting had to satisfy both the Section 5 non - retrogression standard and the Section 2 non-discrimination standard, but, until the 2000 round of redistricting, the Shaw v. Reno standard had not come into play. In order to comply with Sections 2 and 5, the City must consider race when drawing districts. Shaw, however, limits how and when race can be a factor in the' districting decisions. Thus, local governments must walk a legal tightrope, where the competing legal standards must all be met. The Shaw v. Reno standard —223-- October 24, 2011 Page 4 requires that there be a showing that (1) the race -based factors were used in furtherance of a "compelling state interest" and (2) their application be "narrowly -tailored," that is, they must be used only to the minimum extent necessary to accomplish the compelling state interest. We will guide the City through proper application of this principle. Redistricting guidelines and criteria At the initial assessment presentation we will recommend certain guidelines that the City may wish to adopt to ensure fair and adequate public participation in the redistricting process. We will also recommend certain criteria that the City may require all redistricting plans to follow. These criteria generally track the legal principles that the courts and DOS have found to be appropriate elements in sound redistricting plans. Once redistricting guidelines and criteria are adopted, and the City Council gives instructions about how it would like plans to be developed considering this Initial Assessment and the applicable legal standards, we can begin to assist the City in the development of plans for your consideration. Conclusion We hope this Initial Assessment discussion is helpful to you and that it will guide the City Council as it executes the redistricting process. We look forward to meeting with the Council to review the assessment and to answer any questions you may have concerning any aspect of that process. Please feel free to call me in the interim as we prepare for the presentation and let me know if there is any additional information you may require. DM/Ij Attachments Sincerely, 'OD tiq David Mendez —224— City of Corpus Christi Initial Assessment - Benchmark Summary 2010 Census Total and Voting Age Population 'rA-h1.. ..,,,,--. Y_-,,---,k."xl' "`". eFn^'"-itr,��'--,,S±C3=e%�.`Je+'"�^-e,e=e"°�. i'L_--n..w- ..-zr,. *:4- -,-4S r" s'S%S--d- -21111a,----. "4- -.''.4, District Persons Deviation Hispanic °!° of Total Population Non -Hispanic Anglo °!° of Total Population Non -Hispanic Black % of Total Population Non -Hispanic Aslan °1° of Total Population Non -Hispanic Other of Total Population 1 56,905 -6.48% 66.57% 27.60% 4.53% 0.38% 0.92% 2 58,116 -4.49% 73.88% 21.94% 2.67% 0.48% 1.02% 3 59,103 ' -2.87% 78.29% 14.28% 5.76% 0.72% 0.95% 4 60,151 -1.15% 32.75% 59.55% 2.82% 2.62% 2.27% 5 69,967 14.99% 50.26% 40.27% 3.80% 4.13% 1.54% Totals 304,242 59.81% 33.16% 3.91% 1.77% 1.35% Ideal Size = 304,24215 = 60,848 per district. Total Maximum Deviation =14.99% - (-6.48%) = 21.47% Some percentages may be subject to rounding error. District Total VAP* Hispanic % of Total VAP Non -Hispanic Anglo % of Total VAP Non -Hispanic Black % of Total VAP Non -Hispanic Asian % of Total VAP Non -Hispanic Other °!° of Total VAP 1 40,613 62.94% 30.9096 4.87% 0.43% 0.87% 2 43,375 70.21% 25.47% 2.80% 0.55% 0.97% 3 42,391 75.59% 16.85% 5.88% 0.84% 0.84% 4 47,076 28.93% 63.41% 2.77% 2.92% 1.98% 5 52,128 46.89% 43.98% 3.85% 4.04% 1.24% Totals 225,583 55.91% 37.02% 3.99% 1.89% 1.20% "Voting Age Population Some percentages may be subject to rounding error. 10/18/2011 -225- City of Corpus Christi Initial Assessment - Benchmark• Detailed 2010 Census Total and Voting Age Population B. e OOgrmm gze e * r P Q 1 I l I I 1 L 1 I. I I 1 I I l I I i I—_ Ideal Size = 904,242 ! 5 = 60,646 per distract. Seme percentages may be subject to mondani error. % of Total Two or Mare VAP e C c.* u7G * Q e T e sr rO_ 0 tirDD 1 1 I 1 L 1 1 1 1 1 1 1 1 1 1 1 1 1 1 _ *Voting Age Population Some percenmgea may be subject to rounding error. `O D QO ° tr, h N Gm p G 4 d N CO Nw PQ O 0.0 go 4 r - 4 a Soo F x 6 C- 4 C - d C- 8 C f t `c y° X .g* w G r G a N C e C a p G aE N d `m G IIIII Other VAP , H Il 10 • in N L 3 p5 `a i h q p g. it , bR W o giiii of o Oo — t g i t xs6 3 4* o e7 G 4 o C A ej a o S j;J r IT 'gill Hawaiian - Pacific Islander VAP r 113 00 ip CO In D e h .� 3--- 6q x d - m cY i i - o p} h s.0 Xc $ p 2 0 3 0 m N b V' m • " C Q F[A '2 i i P= Y= 0. CC > C M a w ni N tl' rs IJii n l e: n C b E C Q iiiii W - N C g_g y 6 57 a l 9 x z * N 000 A N * N *�p Y 0 * n 0 L"' fi 1.5g M O ox m a x 6 mT Q PIN - 0. �" M e K G xm m m N m ILI p N m m m m"3 R CO 01 ca. E b M rv m Ri Cr; N o n Y S o N , mY CO 101 ng X 6 N _ 0 1i .gi g O1 am & CAI m °r W; m 1 Zr' 14 h M o CO Q CO N .. w m M .. - d a >p ps a 2 1n r c . ~ 'w N N a�y N T w CI CO g1 OA! S x56 e1 e4 gel 1- - n�SS6 1- It xS 3i m N F 42 N ui w N m Q Oi 2 L w S A a mOm 4 en 0 n E a r.t m m ill d 117 pe ere ligOri -!9iin ar m r r 0) 10 r W us N "� co u pCa G> Y u N VI P DE V') CO O N N r tL > 3 Fo m m C in Vt m v '1. N v �merr G. r v CO N m 0 sh N N ti 15 w N m R �1p A 1- .1 =9/�11]A/. ••1' w N --_ S'1 7 0 Cl 2 1- RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS ADOPTING CRITERIA FOR USE IN THE REDISTRICTING 2011 PROCESS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and Mayor have certain responsibilities for redistricting under federal and state law, including but not limited to, Amendments 14 and 15 to the United States Constitution, U.S.C.A. (West 2006), and the. Voting Rights Act, 42 U.S.C.A. §§ 1973 and 1973c (West 2010); and Tex. Gov't Code Ann. §§ 2058.001 and 2058.002 (Vernon 2008); and WHEREAS, the City Council and Mayor have certain responsibilities for redistricting under the City Charter; and WHEREAS, on review of the 2010 Census data, it appears that a population imbalance exists requiring redistricting of the City's councilmember districts; and WHEREAS, it is the intent of the City to comply with the Voting Rights Act and with all other relevant law, including Shaw v. Reno jurisprudence; and WHEREAS, a set of established redistricting criteria will serve as a framework to guide the City in the consideration of districting plans; and WHEREAS, established criteria will provide the City a means by which to evaluate and measure proposed plans; and WHEREAS, redistricting criteria will assist the City in its efforts to comply with all applicable federal and state laws. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: A. THAT the City of Corpus Christi, Texas, in its adoption of a redistricting plan for city councilmember districts, will adhere to the following criteria to the greatest degree practicable: 1. Where practicable, easily identifiable geographic boundaries should be followed. 2. Communities of interest should be maintained in a single councilmember district, where practicable, and attempts should be made to avoid splitting neighborhoods. 3. To the extent practicable, councilmember districts should be composed of whole voting precincts. Where this is not possible or practicable, councilmember districts should be drawn in a way that permits the creation of practical voting precincts and that ensures that adequate facilities for polling places exist in each voting precinct; and splitting census blocks should be avoided. —227— 4. Although it is recognized that existing councilmember districts will have to be altered to reflect new population distribution, any districting plan should, to the extent practicable, be based on existing councilmember districts. S. Councilmember districts must be configured so that they are relatively equal in total population according to the 2010 federal Census. In no event should the total deviation in population between the largest and the smallest councilmember districts exceed ten percent. 6. The councilmember districts should be compact and composed of contiguous territory. Compactness may contain a functional, as well as a geographical dimension. 7. Consideration may be given to the preservation of incumbent -constituency relations by recognition of the residence of incumbents and their history in representing certain areas. 8. The plan should be narrowly tailored to avoid retrogression in the position of racial minorities and language minorities as defined in the Voting Rights Act with respect to their effective exercise of the electoral franchise. 9. The plan should not fragment a geographically compact minority community or pack minority voters in the presence of polarized voting so as to create liability under Section 2 of the Voting Rights Act, 42 U.S.C. § 1973. B. The City Council and Mayor will review all plans in light of these criteria and will evaluate how well each plan conforms to the criteria. C. Any plan submitted by a citizen to the City Council and Mayor for their consideration should be a complete plan—i.e., it should show the full number of councilmember districts and should redistrict the entire city; must show all councilmember district boundaries in detail sufficient to permit the City to reproduce the proposed plan accurately; and also report the total population and voting age population for Hispanics, non -Hispanic Blacks, non -Hispanic Asians, and non -Hispanic Anglo/other for each proposed district, based on 2010 Census data. The City Council and Mayor may decline to consider any plan that is not a complete plan with sufficient geographic and population detail. D. All plans submitted by citizens, as well as plans submitted by staff, consultants, and members of the City Council should conform to these criteria. E. This Resolution shall be effective upon passage by the City Council. —228— PASSED AND APPROVED by the City Council of the City of Corpus Christi, Texas this day of , 2011. AI 1EST: Armando Chapa, City Secretary APPROVED AS TO FORM: Carlos Valdez, City Attorney CITY OF CORPUS CHRISTI: Joe Adame, Mayor Corpus Christi, Texas of , 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry Ellzondo, Sr. Kevin Kieschnick Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS ESTABLISHING GUIDELINES FOR PERSONS SUBMITTING COMMENTS AND SPECIFIC REDISTRICTING PROPOSALS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council for the City of Corpus Christi has certain responsibilities for redistricting under federal and state law including, but not limited to, Amendments 14 and 15 to the United States Constitution, U.S.C.A. (West 2006) and the Voting Rights Act, 42 U.S.C.A. §§ 1973 and 1973c (West 2010); and Tex. Gov't Code Ann. §§ 2058.001 and 2058.002 (Vernon 2008); and WHEREAS, the City Council and Mayor have certain responsibilities for redistricting under the City Charter; and WHEREAS, it is necessary to provide for the orderly consideration and evaluation of redistricting plans which may come before the City Council and Mayor; and WHEREAS, these guidelines relate to persons who have specific redistricting plans they wish the City Council and Mayor to consider; and WHEREAS, the City Council and Mayor welcomes any comments relevant to the redistricting process; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: THAT in order to make sure that any comment or plan that might be submitted is of maximum assistance to the City Council and Mayor in its decision making process, the City Council and Mayor hereby set the following guidelines to be followed by each person submitting a comment or redistricting plan for consideration: 1. Proposed plans should be submitted in writing and legible. If a plan is submitted orally, there is significant opportunity for misunderstanding, and it is possible that errors may be made in analyzing it. The City Council and Mayor want to be sure that all proposals are fully and accurately considered. 2. Any plan should show the total population and voting age population for Blacks, Hispanics, Asians, and Anglo/other for each proposed councilmember district. If a plan is submitted without a population breakdown, the City Council and Mayor may not have sufficient information to give it full consideration. 3. Plans should redistrict the entire City of Corpus Christi. The City Council and Mayor, of course, will be considering the effect of any plan on the entire city. Also, the City Council and Mayor are subject to the Voting Rights Act, which protects various racial and language minorities. Thus, as a matter of federal law, the City Council and Mayor will be required to consider the effect of any proposal -231 on multiple racial and ethnic groups. If a plan does not redistrict the entire city, it may be impossible for the City Council and Mayor to assess its impact on one or more protected minority groups. 4. Plans must conform to the criteria the City Council and Mayor will be using in drawing the councilmember districts. 5. Comments must be submitted in writing and be legible, even if the person also makes the comments orally at a public hearing. 6 Persons providing comments and those submitting proposed plans must identify themselves by full name and home address and provide a phone number and, if available, an email address. The City Council and Mayor may wish to follow up on such comments or obtain additional information about submitted plans. 7. All comments and proposed plans must be submitted to the City Council and Mayor by the close of the public hearing. This resolution shall be effective upon passage by the City Council and Mayor. PASSED AND APPROVED by the City Council of the City of Corpus Christi, Texas this day of , 2011. Al lEST: Armando Chapa, City Secretary APPROVED AS TO FORM: Carlos Valdez, City Attorney CITY OF CORPUS CHRISTI, TEXAS Joe Adame, Mayor --232— Corpus Christi, Texas of , 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott l.• a) tnM 3 O 0 0 a O • 2 co 3 0_ 0 a 4-1 ca s W 0 CA c 0 L. W O . Q W co c o 0_ c 4u o O 0_. 2 cu L co Q = au tv 0 o � co a_ +� 0 ■ measure 0 ',C,2011 Bic erste" Heat De oral o costa LL' V2011 Bic erste" Heat De •a o costa LL' 'c 2011 Bic ersta Heat 1 De cas o i costa LL' O L I--) a--+ O _C CO -1--+ = • — V CU C V X CO (-) 'W .-E 0 " O O • c6 O 0 . 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E O W s O N C O V W VI 1 c 0 a) co c .E v) co s a U •U co Q c 0 U a) a) Lc O 2 Q Ni c 0 U ■ anguage minority status. the basis of race or y you need to avoid cracking or packing. co au c au CD ■ U U co • Q a) o 0 0 Q a) >- CO CO .vp N > co Q L_ c co •— a) •— aA s o +, a) cu b c O ca a) > bAE '— co co O C 0 E Z L) C3 L 0 v) tuo cu c O co > 4J C +J CU L U o C C 0 '� U o Q •- O L.)a tbo cL ■ .cuL— _c +.) ..)0 cu au 0 +.)Q O 2 to au _c +.) ...) a) Q 0 E au to c La c au s candidates of choice in more than one district. 02011 Bic erste" Heat 1 De email o Acosta LL' CZ i v oc a z tn+.# w E -a w EQ t Cc I-1 ■ r.. c c6 caQ t _ a) 13i ii, c s m 13 — ,0 .a v, a ,O G) +r E - (Di..— ca 73 i .i i 'in O iL2 ` — O + G) +r > 4-1.c _ ca ca .. ._ 2 i E s- Q) 0 o 2 E > 03 i > Q co 8 G)0. hb.0 wu G, 0. `G) W s a-' •– W U - N Q u c6 gerrymandering." 4.5 c6 G) i ca U 13 VI U . 1▪ 3 0 N a W �U Q 13 U5 ca E a O $.° 1- 6 caU t ©2011 Bic ersta Heati_ De • as o i costa LL' Declared unlawful by the Courts ©2011 Bickerstaff Heath Delgado Acosta LLP L w Q w w — V -C CO � CO -I-+V C O -I-' co • — • — co L O .~' Oa-' w (1)V N V • — CD 0N C 0 co . ci L E ° N 0 ID CU V w v) o_ 02 cr-I L a) V c6 E C t/) CO CU '' ' v Q -CO Q •— CO 0 by + -C E _o v) co -a 02 co c L- 4--) W (3 CU >% Q ' N CO _0 (D bOLa _C OE c _c V O 2 -I-+ O L- (i) . L- = . v) 4-) La -0 CO ID a--+ CO a--+ m cn ■ ■ ■ eln a--+ .V L- -I-) V) Low C 0 6-1-) L w 73 c 0 0 c c6 c E 0 -ow Q N ro cu V co O Q STEPS TO BALANCING CONFLICTING LEGAL OBLIGATIONS IN REDISTRICTING ■ Plan ahead -- Build a record. ■ Be aware of legal obligations and responsibilities. ■ Adopt criteria that reflect traditional redistricting principles, including consideration of race to the extent required to meet obligations under the Voting Rights Act. ■ Pay attention to the criteria when drawing the plan. Consider and evaluate each plan presented (whether by district's hired consultant or by general public) in light of the adopted criteria. ©2011 Bickerstaff Heath Delgado Acosta LLP • • • D0- E o D —. O -t, CD (D N 2 e 2 — c 2( Di .< < (.7. e -i- 8. m0 -% O CD 7130=%-0 e -r — _. — 0_ n- cin D � • � - ��-r . (n _. —o _ c) co N . —• 2 `1) o City of corpus Christi 2001 Benchmark with 2a10 Census Data Te �J9 Aransas Pass. .goy Ie .o land0. Uroar044 g`-"�s Ingleside 9y . North 'st Blvd 8 Five Poin Co Rd52 Nueces Bay e Market St Railroad Bs 44 Agnes st m` State H 44 W '•nes SIJ 59S•ur •- State.6e9 44 Co Rd 36 boryo Southland Dr O e S•ur 54' •nes St Lou St — N 5 �c Pine St Huron Std an,.. 0 8 aPe 8 a B ea Jasmin a 441 Bus M Mary St — ti Mary St Mort T1S 1 m` Ruth St Hancock St Grisham a Bulor \e '~ Hospital Blvd c 15 S 6r c Morgan Ave SQL 9001110 51 st o ei 5 di Agar.St 4 S 9 aY 15 Booty st 91 Craig St Morgan Ave m, s f deg .p.°� 6' 2 o �aae0 pUS oy6 7 ms`s 5ke.a .s rag 41M43 Weber Rd Oso Bay @w M HillD FM 2444 rj 5 O 0 L4L.y c & r o C. Co Rd 18 2 Legend Corpus Christi City Council Districts- Benchmark Current City Council Districts `L M b Background Image: ESRI World Street Map ,9/222 oa FM 70 ce, 95651,1 o9 Laguna Madre Gulf of Mexico CorpusChnstiCL SMD Red IA N 0 1.5 3 6 I 1 I I 1 1 1 1 I Miles Coordinate System: GCS North American 1983; Datum: North American 1983; Created:10/18/2011 City of Corpus Christi Current City Council Districts © 2011 Bickerstaff Heath Delgado Acosta LLP Data Source: Roads, Water and other features obtained from the 2010 Tiger/line files, U.S. Census Bureau City of Corpus Christi Overall Deviation For the Benchmark Plan Using 2010 Census Data Total Population District Persons 1 2 3 4 5 56,905 58,116 59,103 60,151 69,967 Totals 304,242 Deviation - 6.48% - 4.49% - 2.87% - 1.15% 14.99% Ideal Size = 304,242 / 5 = 60,848 per district. Hispanic % of Total Population Non - Hispanic Anglo % of Total Population Non - Hispanic Black % of Total Population Non - Hispanic Asian of Total Population Non - Hispanic Other % of Total Population 66.57% 73.88% 78.29% 32.75% 50.26% 59.81% 27.60% 4.53% 0.38% 0.92% 21.94% 2.67% 0.48% 1.02% 14.28% 5.76% 0.72% 0.95% 59.55% 2.82% 2.62% 2.27% 40.27% 3.80% 4.13% 1.54% 33.16% 3.91% 1.77% 1.35% Total Maximum Deviation = 14.99% - (-6.48%) = 21.47% (The Maximum Deviation cannot exceed 10%) Some percentages may be subject to rounding error. ©2011 Bickerstaff Heath Delgado Acosta LLP ©2011 Bickerstaff Heath Delgado Acosta LLP City of Corpus Christi Overall Deviation For the Benchmark Plan Using 2010 Census Data Voting Age Population District Total VAP* Hispanic % of Total VAP Non- Hispanic Anglo % of Total VAP Non- Hispanic Black % of Total VAP Non- Hispanic Asian % of Total VAP Non - Hispanic Other % of Total VAP 1 40,613 62.94% 30.90% 4.87% 0.43% 0.87% 2 43,375 70.21% 25.47% 2.80% 0.55% 0.97% 3 42,391 75.59% 16.85% 5.88% 0.84% 0.84% 4 47,076 28.93% 63.41% 2.77% 2.92% 1.98% 5 52,128 46.89% 43.98% 3.85% 4.04% 1.24% Totals 225,583 55.91% 37.02% 3.99% 1.89% 1.20% Voting Age Population is utilized to measure voting strength for Section 5 Retrogression Analysis *Voting Age Population Some percentages may be subject to rounding error. ©2011 Bickerstaff Heath Delgado Acosta LLP rn-Terra Verde A Greets OTie re Grande FM 665 Legend Corpus Christi City Council Districts- Benchmark 2010 Census Blocks Percent Hispanic 0% -20% 21% -40% 41%-50% 50% -60% MI Over 60 Background Image: ESRI World Street Map FTA 43 zes • Gulf of Mexico CorpusChnstiCISMD Red IA PCT Hispanic N o 1.5 3 6 I i i i 1 1 1 1 I Miles Coordinate System: GCS North American 1983; Datum: North American 1983; Created:10/18/2011 City of Corpus Christi Current City Council Districts Percent Hispanic By 2010 Census Block © 2011 Bickerstaff Heath Delgado Acosta LLP Data Source: Roads, Water and other features obtained from the 2010 Tiger/line files, U.S. Census Bureau Aransaa Paseo - 0 Ingleside 4, 8� h^ 8r k4 Pedro° Sti -S in -Terra verde Willit7IMM111111.W.1.11 1P1k2',,, 11411W0111 41P .4 *–. tA Illi II li Vial I 4 * , AO* 4 44 * ri4 eA I 1= I I I I ' A IIIA EINEFAORILIMILIIII Legend Corpus Christi City Council Districts- Benchmark 2010 Census Blocks Percent Black 0% -20% 21% - 40 �Mi. 41%-50% - 51%-60 ▪ Over 60 Background Image: ESRI World Street Map Fel 4 Gulf of Mexico CorpusChnstiCISMD Red IA PCT Black N 0 1.5 3 6 I I I I 1 I I I I Miles Coordinate System: GCS North American 1983; Datum: North American 1983; Created:10/18/2011 City of Corpus Christi Current City Council Districts Percent Black By 2010 Census Block © 2011 Bickerstaff Heath Delgado Acosta LLP Data Source: Roads, Water and other features obtained from the 2010 Tiger/line files, U.S. Census Bureau TIMETABLE FOR 2011 REDISTRICTING PROCESS November 8, 2011: Present Initial Assessment and Redistricting Policies to City Council; Discuss and Adopt Guidelines and Redistricting Criteria with Legal Counsel November 8 through Meet with Interested Councilmembers and Develop Illustrative December 12, 2011: Redistricting Plans December 13, 2011: Present Initial Illustrative Plans and Establish Time, Date and Location for Public Hearing January 4 or 5, 2012: Conduct Public Hearing on Proposed Plans January 6 - 9, 2012: Present Analysis and Public Comment and Plans January 10, 2012: Council Deliberation and Adoption of Final Plan January 17 (or earlier), 2012: Preclearance Submission February — March 2012: DOJ Preclearance Review Period City of Corpus Christi, Texas 2011 Redistricting BICKERSTAFF HEATH DELGADO ACOSTA LLP 3711 S. MoPac Expressway Building One, Suite 300 Austin, Texas 78746 (512) 472-80 www.bickerstaff.com www.votinglaw.com 12 AGENDA MEMORANDUM for the City Council Meeting of November 8, 2011 DATE: 10/25/2011 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 Approval of Amendment No. 1: Broadway Wastewater Treatment Plant Effluent Line Rehabilitation (Project No. E10003) CAPTION: Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to the Contract for Professional Serviceswith LNV Engineering of Corpus Christi, Texas, in the amount of $245,158 for the Broadway Wastewater Treatment Plant Effluent Line Rehabilitation. BACKGROUND AND FINDINGS: The purpose of this project is to restore the structural integrity of the existing effluent pipeline, increase its capacity from 20 Million Gallons per Day (MGD) to 40 MGD and to maintain the same outfall location as is currently identified in the City's TCEQ discharge permit. The work includes the rehabilitation of approximately 1,300 linear feet of existing 42 -inch concrete effluent line and the installation of approximately 2,600 linear feet of new 42 -inch line parallel to the Salt Flats Drainage Ditch from the New Broadway Wastewater Treatment Plant (NBWWTP) to the Port of Corpus Christi ship channel. Other tasks include additional topographic survey along the new route east of the Salt Flats Drainage Ditch, preparation of easement instruments for utility easement land acquisition, construction observation during the construction period, start-up services for coordinating the switch from existing to proposed effluent line and warranty inspection services. LNV Engineering was selected to perform the effluent line design under a small A/E contract because of their familiarity with the Broadway Plant Expansion Project. Differing site conditions resulted in a large scale re -design of the effluent line. In order to meet the Broadway Plant Expansion delivery timeline, re -design by contract amendment with LNV Engineering is recommended. CONFORMITY TO CITY POLICY: Consultant design conforms to statutes for professional services selection and is budgeted for in the FY 2011-2012 Capital Budget. _2.93- KIENGINEERING DATAEXCHANGEIVELMAPIWASTEWATER1E10003 BROADWAY WWTP EFFLUENT LINE REHABIAMENDMENT NO. 14AGENDA ITEM 1.DOC.DOCX 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 $32,521,900 $21,000,000 $10,818,600 $64,370,500 Encumbered / Expended Amount $32,521,900 $32,521,900 This item $245,158 $245,158 BALANCE $0 $20,754,842 $10,818,600 $31,603,442 Fund(s): Wastewater CIP Comments: The project design will require approximately seven (7) months, with anticipated construction contract bidding in July -August 2012. Funding for this contract will be required during Fiscal Years 2011-2013 through the completion of construction. RECOMMENDATION: City staff recommends that Amendment No. 1 be executed with LNV Engineering of Corpus Christi, Texas in the amount of $245,158 for the Broadway Wastewater Treatment Plant Effluent Line Rehabilitation. 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 -294- KIENGINEERING DATAEXCHANGEIVELMAPIWASTEWATER4E10003 BROADWAY WWTP EFFLUENT LINE REHAB\AMENDMENT NO. 1\AGENDA ITEM 1.DOC.DOCX PROJECT BUDGET BROADWAY WWTP EFFLUENT LINE REHABILITATION ADJACENT TO BROADWAY WASTEWATER TREATMENT PLANT (INSIDE CITY LIMITS ONLY) (CIP 2010-2012) Project No. E10003 October 25, 2011 FUNDS AVAILABLE: Wastewater CIP (2010-2012)... $2,750,000.00 FUNDS REQUIRED: Construction (Engineer's Opinion of Probable Cost) $2,205,000.00 Contingencies (5%) 110,250.00 Consultant Fees: Consultant (LNV Engineering, Inc.) * 288,974.00 Materials Testing (Estimated) ... 49,000.00 Reimbursements: Contract Administration Contract Preparation/Award/Admin 20 82 0 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 48,125.00 Finance Issuance 6,875.00 Misc. (Printing, Advertising, etc.) 6,875.00 TOTAL $2,735,724.00 ESTIMATED PROJECT BUDGET BALANCE $14,276.00 * Original Small A/E Agreement administratively approved March 10, 2010 in the amount of $43,816. -295- • File :\Mproject\councilexhibite\exhEl0003.dwg FAL 624 .WUECSS' B.9ty 0 W CORPUS RAY 0 RR 44 PROJECT LOCATION McCLCIN RD. 1 LOCATION MAP NOT TO SCALE h�`���►-a Buhl, atnnn4 , �► ❑ Y ❑�e INTERSTATE 37 4 ❑ ❑❑❑�� ❑❑ ❑n 1�7�DI1®a� zQEL==❑❑❑ ❑❑rl noor10 )11 IrT111 RHAlitIPP] Pn 1 SITE LOCATION PROJECT SITE NOT TO SCALE PROJECT # E10003 BROADWAY WWTP EFFLUENT LINE REHABILITATION -296- _ CITY COUNCIL, EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of/ DATE: 10-25-2011 MOW MOM NW NM a.4..41.0. 13 AGENDA MEMORANDUM for the City Council Meeting of November 8, 2011 DATE: 10/6/2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P. E. Director of Engineering Services petean@cctexas.com, (361) 826-3781 Foster Crowell, Director of Wastewater Operations fosterc@cctexas. co m, (361) 826-1801 CAPTION: Approval of Professional Services Contract: Oso Water Reclamation Plant Nutrient Removal Project — Peer Review — Project No. E09007 -- -M-etIerrautilerI a%er pCIMS!gne to 4$Gute-ContraWapgno 1 1 With_E epsa__ _,s_ and Nichols, Inc. of Corpus Christi, Texas, in the amount of $61,551.00 for the Oso WRP Nutrient Removal Project - Peer Review. CIP WW 02; Project No. E09007 BACKGROUND AND FINDINGS: The City of Corpus Christi (City) owns and operates the Oso Water Reclamation Plant (WRP). The Oso WRP is currently permitted for 16.2 million gallons a day (MGD) average day flow (ADF) and discharges to the Cayo del Oso. The City has been advised by the Texas Commission on Environmental Quality (TCEQ) that the next discharge permit issues for the Oso WRP will contain a more restrictive ammonia limit, which the existing facility cannot meet without modifications. The new permit limits will likely take effect within the next two to three years. In addition, a large portion of the current development within the City of Corpus Christi is within the service area of the Oso WRP, and the City would like to investigate alternatives for increasing the treatment capacity at the Oso WRP. Phase I — Peer Review of Preliminary Engineering Phase The A/E Consultant shall be responsible for peer review of the Technical Memoranda 1, 2, 3, 4 and 5 that have been prepared by LNV, Inc. / Jacobs Engineering Inc., the A/E Consultant design team for the Oso Water Reclamation Plant (WRP) Nutrient Removal Improvements Project. Phase II — Peer Review of Pilot Study Phase The A/E Consultant shall be responsible for review of pilot study protocols and the data from the pilot study technical memorandum that will be conducted by LNV Inc. /Jacobs Engineering Inc. Phase III — Peer Review of Final Design Phase The NE Consultant shall be responsible for peer review of the Technical Specifications and Design Drawings that will be prepared by the LNV, Inc. /Jacobs Engineering Inc. AIE Consultant design team as part of their Final Design Phase Services for OSO Water Reclamation Plant (WRP) Nutrient Removal Improvements Project. The AIE Consultant team will review the engineering service scope for the project to ensure that all the services are completed for Phase 1 -- Near Term Nutrient Removal Improvements. ALTERNATIVES: Freese and Nichols Inc. was selected as peer review consultant due to their ranking as 2nd most qualified engineer to perform the interim ammonia reduction treatment improvements at the Oso Water Reclamation Plant. One alternative is not to perform a peer review. Due to the technical nature and schedule constraints, a peer review was determined by staff to be the best recommended course of action. OTHER CONSIDERATIONS: Effluent ammonia is now a permit requirement for the Oso Water Reclamation Plant. Cayo del Oso (Oso Bay) is on the EPA's list of impaired water bodies due to low dissolved oxygen levels, so now the current discharge permit issued by the TCEQ for Oso WRP includes monitoring and reporting requirements for effluent ammonia. This project is Phase One of a larger Multi -Phase, Multi -Year project at the Oso Water Reclamation Plant. A permanent Ammonia Upgrade project will begin in Year 3 with preliminary design. Peer review of the Oso WRP interim and final improvement projects is a standard engineering practice for major and highly complex projects. This peer review contract will include additional peer review effort for a series of projects taking place at the Oso WRP. • , • -� ". a .• Conforms to statutes regarding Request for Qualifications process; FY 2011-12 Capital Budget. EMERGENCY 1 NON -EMERGENCY: N/A DEPARTMENTAL CLEARANCES: Wastewater FINANCIAL IMPACT: CIP Fiscal Year: 2011-2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $571,500 $1,900,000 $9,545,000 $12,016,500 Encumbered / Expended Amount This item $61,551 $61,551 BALANCE $1,838,449 _ $11,954,949 Fund(s): Wastewater Revenue Bond Comments: The project design will require approximately seven (7) months, with anticipated construction contract bidding in July -August 2012. Funding for this contract will be required during Fiscal Years 2011-2013 through the completion of construction -300- RECOMMENDATION: City staff recommends that a professional services contract be executed to Freese and Nichols, Inc. of Corpus Christi, Texas, in the amount of $61,551 for the Oso Water Reclamation Plant Nutrient Removal Project -- Peer Review. 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 PROJECT BUDGET OSO WATER RECLAMATION PLANT Interim Ammonia Improvements - Peer Review (INSIDE CITY LIMITS ONLY) (CIP 2010-2013) Project No. E09007 October 25, 2011 FUNDS AVAILABLE: Wastewater CIP (2010-2014) $12,016,500.00 FUNDS REQUIRED: Construction (LNV - Package #1 Opinion of Probable Cost ): Base Bid (Estimated) $6,750,890.00 Contingency (10%)... 675,089.00 Consultant Fees: Design Consultant (LNV Engineering, Inc.)* 597,611.00 Peer Review Consultant (Freese Nichols, Inc.) 61,551.00 Geotechnical Consultant (Arias & Associates, Inc.) 4,500.00 Watar Sam Irng ogs nt^(Analysys.11]c Construction Observation (TBD) Estimated Allowance 165,000.00 Materials Testing (TBD) - Estimated Allowance 35,000.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin) 50,630.00 Engineering Services (Project MgtlConstr Mgt/Traffic Mgt) 118,100.00 Finance Issuance 16,880.00 Misc. (Printing, Advertising, etc.) 16,880.00 TOTAL $8,499,332.00 ESTIMATED PROJECT BUDGET BALANCE $3,517,168.00 * Contract approved by Council August 29, 2010. -302- Mprof ect\ counoilexh ibits\ exhEO90O7. d wg CORPUS MUM" Bay PROJECT LOCATION NAS kit re LOCATION MAP NOT TO SCALE PROJECT #E09007 Oso Water Reclamation Plant Nutrient Removal Project (Ammonia) _303-_.- CITY COUNCIL EXHIBIT cnY DEPARTMENT F OFPEN$GIN�ING' SERVICES PAGE: 1 of 1 DATE: 10/2 5/201 0111 14 AGENDA MEMORANDUM for the City Council Meeting of November 8, 2011 DATE: 11/8/2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P. E., Director of Engineering Services petean@cctexas.com (361) 826-3781 CAPTION: Approval of Construction Contract: Salt Flats Levee System, Phase 1 (Short Term Improvements) Motion authorizing the City Manager or designee to execute a construction contract with Bridges Specialties, Inc. of Sandia, Texas, in the amount of $208,000 for construction of the Salt Flats Levee System, BACKGROUND AND FINDINGS: The proposed project is funded through City of Corpus Christi Capital Improvement Program Sequence No. PH 14 (Salt Flats Levee System, Phase 1). The contract has bid and City Council approval is required for construction to commence. The Salt Flats Levee System has maintenance issues that include tree removal and minor side slope restoration, flap gate replacement and security -at -gate structures. These short term improvements are necessary to insure that the system will function as originally designed. On May 11, 2011, the City received proposals from two (2) bidders and their respective bids are as follows: Contractor Base Bid Bridges Specialties, Inc. Sandia, Texas $208,000.00 Rockin' n Ranch Services, LLC. Alice, Texas $237,965.13 ALTERNATIVES: There are no alternatives for this project. OTHER CONSIDERATIONS: The City's consultant, Urban Engineering Inc., conducted a bid analysis of the two proposals submitted to the City. The lowest bidder based on the Total Base Bid is Bridges Specialties, Inc. of Sandia, Texas. Based on the information submitted for Special Provisions A-28, A-29, and A-30, Bridges Specialties, Inc. has the experience and resources to complete the project. Urban Engineering Inc. recommends that the City award the Base Bid in the amount of $208,000 to Bridges Specialties, Inc. of Sandia Texas. Bridges Specialties, Inc. is currently constructing improvements to Triple Crown and Citation Drive Area Improvements The construction contract was awarded to Bridges Specialties, Inc. on August 30, 2011 (Motion No. M2011- 197). CONFORMITY TO CITY POLICY: Conforms to statutes regarding bid process; FY 2011-2012 Capital Budget. EMERGENCY / NON -EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: CIP FI aL a.r.:_2D1-1.. Project to Date _ .Bxp adi±ua. s. (CIP only) C«rren airutmf-- Y ar —._ =.._ 10TAL ...__-- ..1.2_. Line Item Budget $308,100 $791,900 - $1,100,000 Encumbered / Expended Amount $308,100 $308,100 This item $208,000 - $208,000 BALANCE 0 $583,900 _ - $583,900 und(s): Type A Board Sales Tax Proceeds Comments: The project is requires 90 calendar days, with anticipated completion approximately March 2012. RECOMMENDATION: City staff and Urban Engineering, Inc. recommend that a construction contract be awarded to Bridges Specialties, Inc. of Sandia, Texas, in the amount of $208,000 for construction of the Salt Flats Levee System, Phase 1 (Short Term 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 –308– PROJECT BUDGET SALT FLATS LEVEE. SYSTEM - PHASE 1 Project No. E03428 October 25, 2011 FUNDS AVAILABLE: Seawall System CIP Fund $1,100,000.00 FUNDS REQUIRED: Construction (Bridges Specialties, Inc.) $208,000.00 ** Contingencies $20,800.00 Materials Testing (Estimated) $4,160.00 Consultant Fees (for short term and long term improvements): Consultant (Urban Engineering)* R.H. Shackelford, Inc. $303,054.00 $49,250.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin) $16,836.00 Engineering Services (Project MgtlConstr Mgt/Traffic Mgt) $17,886.89 Misc. (Printing,_ Advertising etc. 3.741.00 TOTAL $757,329.89 ESTIMATED PROJECT BUDGET BALANCE $342,670.11 * Contract approved by City Council on March 9, 2010 ** Includes construction of short term improvement only File :\Mproject\councilexhitiits\exh3428d.dwg PROJECT LOCATION LOCATION MAP NOT TO SCALE 3%40,woNiA At PROTECTED AREA ZSN,JB .. INTERsrATE 37 E1911 ERE] 161 aEiii i O❑ o� DO o❑oC�Dills Inuit. ainnnnD SITE LOCATION NOT TO SCALE PROJECT # 3428 / CIP No. PH 17 CORPUS crs7x BJ41I EXHIBIT "F" SALT FLATS LEVEE SYSTEM PHASE 1(SHORT-TERM IMPROVEMENTS) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXA DEPARTMENT OF ENGINEERING SERVIcES PAGE: 1 of 1 DATE O6 -21-201 t -310- 15 AGENDA MEMORANDUM for the City Council Meeting of November 8, 2011 DATE: 10/25/2011 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: /1 Approval of Amendment No. 1: Allison Wastewater Treatment Plant Mechanical Bar Screen and Grit Removal Improvements (Project No. 7417) Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to the Contract for Professional Services with Urban Engineering of Corpus Christi, Texas, in the amount of $116,860 for the Allison Wastewater Treatment Plant Mechanical Bar Screen and Grit Removal Improvements. BACKGROUND AND FINDINGS: The proposed project is a Capital Improvement Project whose infrastructure investment directly supports and is funded by City of Corpus Christi Capital Improvement Program Sequence No. WW 05 (Allison WVVTP Head Works & Grit System Improvements). Design and construction of this project is necessary to ensure the Allison Wastewater Treatment Plant will continue to provide required pre-treatment with screening and grit removal. The existing screening facility was constructed in -1965 and equipment was last replaced in 1984. The structure and equipment are beyond their service life and this facility is critical to the operations and safety of plant operators. Tfie grit removal structure was constructed in 1984 and the equipment has reached its service life. The structure will be updated with the latest grit removal technology. The proposed Amendment No. 1 consists of site work and demolition, excavation and backfilling, dewatering, concrete structures, concrete protective coating, grit removal equipment, odor control equipment, grit pumps, isolation gates, electrical, yard piping, concrete pavement and miscellaneous items of work required to complete the project in accordance with plans, specifications and contract documents. CONFORMITY TO CITY POLICY: Consultant design conforms to statutes for professional services selection and is budgeted for in the FY 2011-2012 Capital Budget. EMERGENCY / NON -EMERGENCY: Not applicable. TEMPLATe1 -313- DEPARTMENTAL CLEARANCES: Wastewater FINANCIAL IMPACT: CIP Fiscal Year: 2011-2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line item Budget $189,400 $285,400 $4,552,100 $4,837500 Encumbered / - -` Expended Amount This item $116,860 _ $116,860_ BALANCE $168,540 $4,720,640 Fund(s): Wastewater CIP Comments: The project design will require approximately seven (7) months, with anticipated construction contract bidding in July -August 2012. Funding for this contract will be required during Fiscal Year 2011-2013 through the completion of construction. RECOMMENDATION: City staff recommends execution of Amendment No. 1 to the Contract for Professional Services with Urban Engineering of Corpus Christi, Texas in the amount of $116,860 for the Allison Wastewater Treatment Plant Mechanical Bar Screen and Grit Removal 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 SENQINEERING DATAEXCHANGEIVELMAPIWASTEWATER17417 ALLISON WWW NEW MECHANICAL EAR SCREENUIMENDMENT NO. 1 WGENDA ITEM 1.DCC.DCTX PROJECT BUDGET ESTIMATE ALLISON PLANT IMPROVEMENTS HEAD WORKS & GRIT SYSTEM IMPROVEMENTS (INSIDE CITY LIMITS ONLY) (CIP 2011-2013) Project No. 7417 October 25, 2011 FUNDS AVAILABLE: Wastewater C1P (2010-2012) $4,837,500.00 FUNDS REQUIRED: Construction - Base Bid & Additive Alternate No. 1 (estimate) $2,609,738.00 Contingency (10%). 260,973.80 Consultant Fees: Consultant (Urban Engineering) * 264,480.00 Materials Testing (TBD) - Estimated Allowance 35,000.00 Reimbursements: Contraction/ Administration Cor_c____Itt .. Engineering Services (Project MgtlConstr Mgt/Traffic Mgt) 181,406.25 Finance Issuance 12,093.75 Misc. (Printing, Advertising, etc.) 12,093.75 TOTAL. $3,412,066.80 ESTIMATED PROJECT BUDGET BALANCE $1,425,433.20 * Original contract awarded by City Council on April 21, 2009 (Motion No. M2009-098). \Mproject councilexhibits\ exh7417.d wg PROJECT SITE Allison WWTP CALLICDATTL HWY 44 RAND MORGAN CLARKWDUD LOCATION MAP NOT TO SCALE PROJECT # 7417 4,1 ALLISON WASTEWATER TREATMENT PLANT MECHANICAL BAR SCREEN AND GRIT REMOVAL IMPROVEMENTS -316 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 10/25/2011 16 DATE: TO: FROM: AGENDA MEMORANDUM for the City Council Meeting of: Presentation October 18, 2011 Action November 8, 2011 November 8, 2011 Ronald L. Olson, City Manager Pete Anaya, P:E., Director of Engineering Services petean(a�cctexas.com, (361) 826-3781 Authorization to Sign Construction Contract: Aquarius Street Project No. 6472 PURPOSE: Motion authorizing the City Manager or designee to execute a construction contract with Haas Anderson Construction, Ltd. of Corpus Christi, Texas, in the amount of $1,303,865.60 for the base bid and alternates 1 - 3 for Aquarius Street (Project No. 6472). BACKGROUND AND FINDINGS: Agiiarids ;;Meet was approved tiyT'Fie voters as pa of the.2008 ori " action: ` T is contraot 1idi11" resin# in the construction of Aquarius Street between Dasmarinas and Commodores. The street will be constructed with hot mix asphaltic concrete (HMAC) pavement. The work includes curb and gutters, sidewalks, curb ramps, pavement markings, street, speed and regulatory signs, traffic control, storm water, wastewater, and water improvements. The new Aquarius right of way is a total of 80 feet wide. The street will be constructed with both boulevard and standard sections. The boulevard section consists of an 18 foot median with two 16 foot street sections (curb back to curb back) and 15 foot wide green/sidewalk area between the curb and property line on both sides of the street. The standard section has a single street section of 40 foot width (curb back to curb back) and a 20 foot wide area between the curb and property line on both sides of the street. Both sections will include an 8 foot wide sidewalk on one side of the street. The Aquarius alignment facilitates access from Fire Station 15 on Commodores to Dasmarinas. Five bids were publically opened Wednesday, August 31, 2011. The total of the base bids and additive alternates ranged between $1,303,865.60 and $1,657,493.30. The difference in base bids for the three low bidders was $39,688.00 or approximately three percent of the low bid. The Consultant's estimate of cost was $1,292,056.00. The low qualified bidder was Haas Anderson Construction, Ltd. of Corpus Christi. Actions for dedicating the new Aquarius Street right of way are underway and according to the agreement with the adjoining property owner, Asset Development Corporation, will be complete no later than October 28, 2011. This item is scheduled for Council action on November 8, 2011. The contract requires the work be completed within 140 calendar days are notice to proceed. It is anticipated construction will be complete no later than March of 2012. ALTERNATIVES: 1. Award the motion as proposed. 2. Reject bids which is not recommended and would double printing and advertising costs. —319 K:lEngineering DeteExahangeWevin51GEN1811tEET555472AquariusTonstructionAwerd - executive sununery.docx FINANCIAL IMPACT: o Not Applicable o Operating Expense o Revenue X CIP FISCAL YEAR: 2011-2012 Prior Year (CIP Oniy) Current Year Future Years TOTALS Budget $296,700.00 $2,471,800.00 _ $2,768,500.00 Encumbered/Expended Amt. $209,012.32 $209,012.32 This item $1,303,865.60 $1,303,865.60_ BALANCE $87,687.68 $1,167,934.40 $1,255,622.08 FUNDS: Street, Storm Water, Wastewater & Water CIP Fund Comments: This project has been reviewed with the Island Strategic Action Committee (ISAC) and has received their concurrence and support. RECOMMENDATION: City staff recommends that the contract be awarded to Haas Anderson, Ltd. of Corpus Christi, Texas, in the amount of $1,303,865.60. CONFORMITY TO CITY POLICY: The procurement process conforms to the Texas Local Government Code for public works projects and the FY 2011-12 Capital Budget. EMERGENCY I NON -EMERGENCY: Not -Applicable. -. - DEPARTMENTAL CLEARANCES: Not Applicable. LIST OF SUPPORTING DOCUMENTS: Exhibit A: Bid Tabulation 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 K:1Engineering DataExehengelKevinSSGEMSTREETS16k72AquariusTonstructionAward - Execu v 2 °7 ENGINEER'S ESTIMATE: $1,292,056.00 p 0 c 7 0 0 0 U- 0 H H =IU w O � Z Z H 4w W �5 Z z w u_ 0 1- z 2 cCcC a w 0 Time of Completion: Base Bid - 150 Calendar Days, Alt. No. 1 PROJECT BUDGET AQUARIUS STREET Project No. 6472 October 18, 2011 FUNDS AVAILABLE: Street CIP 2008 950,000.00 Storm Water CIP 1,032,900.00 Wastewater CIP 222,100.00 Water CIP 553,400.00 Gas CIP 10,000.00 2, 768, 400.00 FUNDS REQUIRED: Construction (Haas Anderson) 1,303,865.60 Contingencies (10%) 130,400.00 Consultant Fees: Consultant (Urban Engineering) (Basic Services $89,056 = 6.8%) 222,026.00 Construction Management/Inspection (Included in Urban Contract) Geotechnical Services (Raba Kistner) 3,690.00 Materials Inspection & Testing (Est.) 30,000,00 Reimbursements: Engineering, Traffic Engineering, Finance, etc. 55,000.00 Total 1,744,981.60 Variance 1,023,418.40 Exhibit B Page 1 of 1 -322- File :\Mproject\councileXhibits\exh8472.dwg LOCATION MAP NOT TO SCALE PROJECT LOCATION r, PROJECT SITE PROJECT # 6472 VICINITY MAP NOT TO SCALE AQUARIUS DRIVE - DASMARINAS TO COMMODORES CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 10-18-2011 N s NMe ria s -323- 17 AGENDA MEMORANDUM for the City Council Meeting of November 8, 2011 DATE: 10/27/2011 TO: Ronald L. Olson, City Manager FROM: Celia Gaona, City Auditor e6 826-3659 celiag@cctexas.com CAPTION: Approval of Amendment to City Auditor Ordinance; Approval of Budget Amendment; Approval of Annual Audit Plan A. _ Ordinance amending Ordinance No. 029171 regarding City Auditor; establishing a Council Audit Committee; providing for severance; and providing for publication. B. Ordinance appropriating $15,165 from the Unreserved Fund Balance in the No. 1020 General Fund for Internal Audit department personnel, software and remodeling expenses; and changing the FY 2011- 2012 Operating Budget adopted by Ordinance No. 029155 to increase appropriations by $15,165. C. Ordinance to approve the Annual Audit Plan for FY 2011-2012. BACKGROUND AND FINDINGS: On November 2, 2010, voters approved an amendment to the City Charter adding the position of City Auditor who shall be appointed by and report to the City Council. Article II, Section 29 (b) of the City Charter provides that the City Auditor shall report to the City Council and have such duties, responsibilities, and staff as determined by ordinance, including the responsibility to conduct, or cause to be conducted, financial, performance, investigative, and other audits following government auditing standards as promulgated by the Comptroller General of the United States. On July 20, 2011, City Council approved an amendment to the Code of Ordinance adding Chapter 12'/ City Auditor. Chapter 12 1/2 provides for the hiring and qualifications of the City Auditor; preserves the Auditor's Independence; providing access to City records; determines distribution of audit reports; establishes the powers and duties; and provides for a peer review. On July 26, 2011, City Council approved Ordinance 029155 adopting the City budget for fiscal year 2012, appropriating $259,914 for the Internal Audit Department. In furtherance of the establishment of the Internal Auditor Department, the City Auditor is: A. recommending an amendment to Chapter 12 1/2 City Auditor Ordinance to further define the role and oversight of the City Auditor and the Internal Audit Department; B. requesting to increase the Internal Audit Department budget by $15,165 for personnel, software, and remodeling expenses; C. presenting the Fiscal Year 2012 Audit Plan for City Council approval, which has been presented to and -327- approved by the Administrative Committee on October 25, 2011. ALTERNATIVES: NA OTHER CONSIDERATIONS: NA CONFORMITY TO CITY POLICY: Conformance with City Charter provision regarding Internal Auditor. EMERGENCY 1 NON -EMERGENCY: Non -Emergency two readings DEPARTMENTAL CLEARANCES: Council Administrative Committee 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 15,165 15,165 BALANCE Fund(s): Comments: See Exhibit A RECOMMENDATION: Approval of Ordinances as presented. LIST OF SUPPORTING DOCUMENTS: Exhibit A - Revised Budget Request Exhibit B - Ordinance Amending City Auditor Ordinance No. 029171, Exhibit C - Ordinance appropriating$15,165 to increase the Internal Audit department budget. Exhibit D - Ordinance to approve the Annual Audit Plan for FY 2011-2012. Approvals: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget -328- Exhibit A Internal Audit Department Revised budget Request for FY 2012 Original budget for FY 2012 259,914 Add: Executive Assistant Position 21,500 1 Audit Software Purchase 16,700 x Cost of Remodeling Audit department 8,000 3 Adjustments of under budgeted line items 8,900 4 subtotal 55,100 Less: Expected Salary Savings (39,935) Net difference 15,165 Revised budget for FY 2012 275,079 Estimated salary ($30,000) plus retirement is prorated for 15 pay periods in FY 2012 2 Software purchase includes the cost of three licenses for data analysis software, audit management software, and flowcharting software 3 Estimated cost provided by Gina Sanchez, Facility Manager " Line items adjusted were office supplies; membership, licenses, and dues; training and travel -329- Exhibit B Ordinance amending Ordinance No. 029171 regarding City Auditor; establishing a Council Audit Committee; providing for severance; and providing for publication. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. Ordinance No. 029171 regarding City Auditor is amended to read as follows: "Sec. 12/2.1. - Establishment of the office of City Auditor. (a) There is hereby established the Office of the City Auditor, which shall be directed by the City Auditor who shall be appointed by affirmative vote of a majority of the entire membership of the City Council. (b) The City Auditor must: (1) Be a person knowledgeable in performance and financial auditing, public administration, and public financial and fiscal practices; (2) Be licensed as a certified public accountant or certified internal auditor; and (3) Exercise due professional care in carrying out his or her responsibilities, and provide reasonable assurance that due professional care will be employed in conducting audits. The City Auditor will establish audit policies and procedures consistent with Government Auditing Standards, established by the Comptroller General of the United States, as well as applicable laws and regulations. 1 (c) The City Auditor's compensation shall be fixed by the City Council. (Ord, No. 029171, § 1, 8-23-2011) Sec. 121/2-2. - Independence, objectivity, and audit standards. (a) The organization and administration of the auditor's office shall be sufficiently independent to assure that no interference or influence shall adversely affect an independent and objective judgment of the auditor. (b) The Office shall be provided a discrete budget sufficient to carry out the responsibilities and functions established in this chapterordinance and to ensure appropriate professional development, continuing professional education, and compliance with applicable certification requirements. (c) The City Auditor shall establish an organizational structure appropriate to carrying out the responsibilities and functions of this chapter. (d) No person shall be appointed to the position of City Auditor who has been mayor, council member, or City Manager of the city during a period of five (5) years prior to the date of the City Auditor's appointment. In no case shall the City Auditor be related, by affinity or consanguinity within the second degree, to the mayor, any council member or J:ILISA12011 OrdinancelAuditar Ordinance Amendment v2 October 26.doc -330- 1 Exhibit B-1 2 the City Manager. (e) The City Auditor shall not be actively involved in partisan political activities of the City of Corpus Christi. (f) Neither the City Auditor nor any member of the Office staff shall conduct or supervise an audit of an activity for which they were responsible or within which they were employed during the preceding two (2) years. (g) The City Auditor shall adhere to Government Auditing Standards, insofar as possible, when conducting the City Auditor's work and will be independent as defined by those standards. (h) The responsibility for selection of audit areas shall initiate with the City Auditor, with due consideration of the interests and concerns of the City Council and City Manager. To accomplish this: (1) No less than thirty (30) days prior to the beginning of each fiscal year the City Auditor shall submit an annual audit plan to the City Council through the Council Audit Committee for review and comment. The plan shall i•ncludo -- - - identify each audit to be conducted in terms of the department, organizations, services, programs, functions, and activitiesor policy to be audited and ' • _ , - - _ _ audit objectives to be addressed. The Council Administrative Audit Committee shall forward the plan to the City Council for City Council review and final approval. (2) The annual audit plan may be amended during the year, following notification of the Council Adminiat,ve-Audit Committee and due provision for comment. Such amendments may be initiated by the City Auditor, or requested by the Council A ministrative Audit Committee, or the City Manager, or City Manager's designee; any amendments to the annual plan must be reviewed by and approved by sity oouncitthe Audit Committee, with written notice of such changes to the full City Council in a timely manner; (3) Results of special audits shall be distributed in the same manner as ail other audit reports, as provided in section 12-Y-5, preparation and release of reports, of this chapter. (4) If the City Auditor determines that there is serious concern regarding fraud, abuse, or illegality, or that the scope of an audit in progress should be expanded as the result of any findings, the City Auditor is authorized to initiate spontaneously and conduct, or expand the scope of, an audit beyond that approved in the work program. The City Auditor shall notify the Council AdminictrativoAudit Committee of the change. (5) Notwithstanding the calendar identified above in subsection (h)(1), the initial audit plan for remainder of the fiscal year ending July 31, 2012 shall be prepared by the City Auditor and submitted to adr;ativeAudit committee, for review and comments by a4niniotrptiyeAudit committee, :h;ithin thirty (30) ,l., «,,.,� .,.., r--��ys of appointment J:\LISA12011 Ordinance'Auditor Ordinance Amendment v2 October 26.doc Exhibit B-2 -331- 3 of City Auditor on or before November 30, 2011. The initial audit plan shall then be submitted to City Council for its review and final approval. (i) Within the budget approval process and personnel policies established by the City Council for all departments, the City Auditor shall have the power to appoint, employ, and remove such assistants, employees, and personnel as he/she may deem necessary for the efficient and effective administration of the affairs of the Office of the City Auditor. AIi employees of the City Auditor's Office shall be exempt from classified service. (j) Neither the City Manager, nor Assistant City Managers, nor the Council nor any of its members shall in any manner dictate the appointment or removal of any such officer or employee whom the City Auditor is empowered to appoint, subject to any duly authorized grievance procedure. (k) As provided in the City Charter, Article 11, Section 29(a); the City Auditor may be removed only by a majority of the City Council. (Ord. No. 029171, § 1, 8-23-2011) Sec. 12%-3. Audit Committee. (a) The Administrative -Audit Committee will provide guidance to and oversight of the City Auditor's Office in the performance of its responsibilities. The appointment of four Council Administrative Audit Committee members by the Mayor will be decided annually in August January. The Mayor shall appoint one of the Council Members as the Chairperson, However, if a committee has not been appointed, then the duties of the Council AdministratiyeAudit Committee as described in this chapter shall be undertaken by the entire City Council. (b) The City Council shall communicate City Council's expectations and feedback to the City Auditor. The duties of the committee with respect to the City Auditor are described below: a1. To review and provide comments regarding the City Auditor's annual work program, to be formally reviewed and approved by City Council each year; b2. To monitor the city's internal controls through the results of external audits, and internal audits and other activities of the City Auditor; and s3. To monitor audit results and follow-up activities of the City Auditor, 4. To ensure that audit results include recommendations that serve to improve or enhance city operations; and 5. To ensure that City Management's corrective action plans to audit report recommendations are appropriate. (c) The Administrative Audit Committee shall meet as needed to perform its duties but shall meet at least once quarterly. J:ILISA\2011 OrdinancelAuditor Ordinance Amendment v2 October 26.doc Exhibit B-3 —332— 4 1. A majority of the members of the Administrative Audit Committee shall constitute a quorum. 2. The minutes of each meeting are to be prepared and sent to the Committee members and approved at subsequent meetings. 3. In compliance with the Texas Open Meetings Act, the Administrative Audit Committee will hold executive sessions with the City Auditor and external auditors as deemed appropriate. (d) The City Auditor shall have direct communication with the Council Administrative Audit Committee, and attend all Council Administrative Audit Committee meetings. (Ord. No. 029171, § 1, 8-23-2011) Sec. 121/2-4. - Access to records and property. All officers_ -a 4 -employees, or agents of the City shall provide free and open access to and furnish the City Auditor or employees in the Office of the City Auditor with requested infernlatier+any and all documents including but not limited to records, books, accounts, internal or external memoranda, writings and tapes, reports, vouchers_ correspondence fifes,CDs, computer data, bank accounts, reports, funds, money, and other information and --or property in their custody. Also, such officers employees, or agents shall fully cooperate with the Office of the City Auditor, and make full disclosure of all known information. in addition, they shall provide access for the City Auditor to inspect all property, equipment, and facilities within their custody and observe any operations for which they are responsible. (Ord. No. 029171, § 1, 8-23-2011) Sec. 121/2-5. - Preparation and release of reports. (a) Each audit shall result in a report which shall: (1) Be transmitted in draft to the City Manager, who will provide a written response to the City Auditor regarding the audit findings and recommendations within an agreed time frame. The response will indicate agreement or disagreement and reasons for any disagreements, and what actions, if any will be taken. The City Auditor will include the responses in the final report, unless they are not received within the established time frame; (2) Be submitted in final form to the City Council and the City Manager, and shall be retained in the City Auditor's office as a permanent recordin accordance with the City's records management program; (3) Adhere to reporting standards for financial and performance audits as described in Governmental Audit Standards. (b) When appropriate, the City Auditor may issue other reports as needed which provide information when an audit is not required. These reports present work that is J:IL[SA12011 Ordinance\Auditor Ordinance Amendment v2 October 26.doc Exhibit B-4 —333— 5 generally advisory in nature. (Ord. No. 029171, § 1, 8-23-2011) Sec. 121/2-6. - Powers and duties. (a) The City Auditor shall systematically and continuously examine the works of all city operations to identify opportunities to reduce costs, increase efficiency, quality, and effectiveness, or otherwise improve management of city programs and services. (b) Scope of work. The City Auditor is empowered to conduct performance and other audit work to determine whether: (1) Activities and programs being implemented have been authorized by the council, or some other legal authority, and are being conducted in a manner contemplated to accomplish the objectives intended by the council or other authorizing authority; (2) The effectiveness of organizations, programs, activities, functions or policies, and the extent to which desired results or benefits are being achieved; (3) The audited entity is acquiring, protecting, and using its resources (such as personnel, property, and space) economically and efficiently, and the causes of inefficiencies or uneconomical practices; (4) The audited entity is in compliance with council or other legally imposed mandates regarding efficiency, economy, effectiveness, or expenditure of public funds; (5) Systems of administrative and accounting control have been established by management to effectively, economically, and efficiently carry on the city's operations; (6) Financial and performance reports are being provided that disclose fairly, accurately, and fully all information that is required by law or other established or state criteria that is necessary to ascertain the nature and scope of programs and activities, and that is necessary to establish a proper basis for evaluating the results of programs and activities. (c) Follow-up on audits. The City Auditor shall ensure accountability and implementation of a continuous improvement process by an annual status report of prior audit recommendations. Accordingly: (1) Six (6) months after the transmittal of an audit report to the council, the City Auditor shall request a status report on actions taken by appropriate officials in response to the audit recommendations; (2) The City Auditor may request additional periodic status reports, and conduct follow-up review as needed; J:1Li5A12011 OrdinancelAuditor Ordinance Amendment v2 October 26.doc Exhibit B-5 —334— 6 (d) Report of irregularities. If the City Auditor detects apparent violation of law, or apparent instances of misfeasance or nonfeasance by an officer or employee, or information that indicates derelictions may be reasonably anticipated, the auditor shall, after consultation with and advice from the city attorney, immediately report the irregularities to the appropriate authority, including the City Manager. If the irregularity is criminal in nature, the auditor shall also notify the appropriate chief prosecuting attorney. (e) Contract auditors, consultants, and experts. Through appropriate procurement requirements and within the limits of the adopted budget, the auditor may obtain the services of certified or registered public accountants, qualified management consultants, or other professional experts necessary to perform the auditor's duties. (f) The City Auditor shall meet with the external auditors to discuss pertinent matters, review the financial statements, auditors' opinions, and management letters resulting from the annual financial audit. (Ord. No. 029171, § 1, 8-23-2011) Sec. 12%-7. - Peer review. (a) Authority statement The City Auditor's Office shall within. three (3) years of date of this ordinance [Ordinance No. 029171] be subject to peer review and thereafter not less than once every three (3) years by a professional, non-partisan, objective person or group, comprised of auditors and other professionals with appropriate government auditing expertise and experience. (b) Scope of peer review. The peer review shall determine compliance with Government Auditing Standards and the quality of audit effort and reporting, including: (1) General standards such as staff qualifications, due professional care, and quality assurance; (2) Fieldwork standards such as planning, supervision, and audit evidence; (3) Reporting standards such as report content, presentation, and timeliness. (c) Reporting. A copy of the written report of the peer review shall be furnished to each member of the City Council after review and approval by the Council Administrative Audit Committee. (d) Cost. The cost of the peer review, including reasonable travel and living expenses, shall be paid from funds budgeted specifically in the City Auditor's budget. (Ord. No. 029171, § 1, 8-23-2011) Sec. 12%-8. - City Auditor vacancy—Selection process. (a) At such times when a vacancy occurs in the Office of the City Auditor, the first principal assistant shall act in the capacity of City Auditor pending the appointment of a J:ILISA12011 OrdinancelAuditor Ordinance Amendment v2 October 26.doc Exhibit B-6 –335– 7 new City Auditor. (b) The council shall appoint an ad hoc nominating committee to recommend to the City Council candidates for City Auditor. The committee shall consist of five (5) members, including a chair and vice -chair selected by majority vote of members, meeting the following qualifications: (1) Three (3) members shall be members of the City Council nominated by the Council Administrative Audit Committee. (2) One (1) member shall be an at large City of Corpus Christi resident. (3) One (1) member shall be the City Manager or his or her designee. (c) The full committee shall, within fifteen (15) days of its appointment, hold its first meeting to consider applicants to serve as City Auditor. Within ninety (90) days of its first meeting, the committee shall recommend to the City Council three (3) candidates selected by a majority of the committee members. The City Council shall, within fifteen (15) days after receipt of the recommendation of three (3) candidates, select a City Auditor. (Ord. No. 029171, § 1, 8-23-2011) SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. J:If_lSA12011 OrdinancelAuditor Ordinance Amendment v2 October 26.doc Exhibit B-7 —336— 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: O '7, ? i / By: Lisa Aguis stant City Attorney for the City Attorney J:\LJSA12011 OrdinancelAuditor Ordinance Amendment v2 October 26.doc —337— 8 Exhibit B-8 Exhibit C Ordinance appropriating $15,165 from the Unreserved Fund Balance in the No. 1020 General Fund for Internal Audit department personnel, software and remodeling expenses; and changing the FY 2011-2012 Operating Budget adopted by Ordinance No. 029155 to increase appropriations by $15,165. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TEXAS: SECTION 1. That $15,165 is appropriated from the Unreserved Fund Balance in the No. 1020 General Fund for Internal Audit department personnel, software, and remodeling expenses. SECTION 2. That the FY 2011-2012 Operating Budget adopted by Ordinance No. 029155 is changed to increase appropriations by $15,165. Exhibit C-1 --338— 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: • 2.7, 2011 By: 44-1 Lisa Aguil j Assistant City Attorney for the City Attorney Exhibit C-2 -339- Exhibit D Ordinance to approve the Annual Audit Plan for FY 2011-2012. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TEXAS: SECTION 1. That the Annual Audit Plan for FY 2011-2012, copy attached as Exhibit A, is hereby approved. Exhibit D-1 —340— 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 City Secretary APPROVED as to form: By: 44_7 Lisa Aguil\ssistant City Attorney for the City Attorney 21, 2-0 t Joe Adame Mayor —341— Exhibit D-2 111 ...•f .dy4WIIIJIy ORPORP 1852 City of Corpus Christi City Auditor's Office Proposed Annual Audit Plan Fiscal Year 2012 Exhibit D-3 -342- City Auditor's Office October 25, 2011 To: Members of the Administrative Committee City Council Subject: Fiscal Year 2012 Proposed Audit Plan Enclosed is the proposed audit plan for Fiscal Year (FY) 2012. The audit plan, developed through a high level city-wide risk assessment, incorporates input from the Mayor, the City Manager's Office, some department heads, and the City's External Auditor. The City Auditor used professional judgment to rank this input and develop auditable areas including preliminary audit objectives. This approach ensures adequate audit coverage for City processes and programs in high-risk areas and recognized concerns raised by City Management. The Government Auditing Standards, which we will follow, require that we provide independent, objective, fact -based assessments of the stewardship, performance and cost of policies, programs, and operations we audit. Our work is also vital to maintaining citizens' trust and confidence in the City's effective, efficient and economic deployment and use of its resources. 2012 Audit Pian For the remainder of the FY 2012, the plan includes 4 proposed audits (Enclosure A) along with an estimate of hours to complete these audits. The plan also includes the performance of Surprise Cash Counts on various city sites collecting money, as well as, Special Assignments or requests by City Council and City Management. These requests will be subject to approval by the Administrative Committee. With approval of the Administrative Committee, this plan may be amended. We look forward to assisting the Committee and the City Council in fulfilling their governance responsibilities to the City of Corpus Christi. Celia Gaona, CIA CFE CISA City Auditor —343— Exhibit 0-4 Enclosure A FY 2012 Proposed Audit Plan Item Project Department Risk Area Component Audit Objectives Last Estimated Reviewed Hours Financial Services - AU12- Utility Business Office 1 001 & Field Operations Operational AU12- Financial Services - 2 002 Payroll Payroll AU12- Financial Services - 3 003 Central Cashiering AU12- Financial Services - 4 004 Purchasing Compliance To determine if the utility department is properly billing, collecting, and accounting Revenue for revenues. To review the payroll process and evaluate controls and compliance with city policies & Expense procedures. Cash Revenue 5 TBD Citywide To evaluate the adequacy of cash handling controls over receipts. To evaluate controls over the citywide Expense purchasing & procurement process. N/A N/A 625 625 N/A 625 N/A 625 Other Perform Special Assignments and surprise Engagements , TBD cash counts 378 2,878 18 AGENDA MEMORANDUM for the City Council Meeting of November 15, 2011 DATE: 10/20/2011 TO: Ronald L. Olson, City Manager FROM: Fred Segundo, AAE, Director of Aviation 361-289-0171 x1258 FredS@cctexas.com CAPTION: Ordinance authorizing the City Manager, or Designee, to execute a twenty-year memorandum of agreement with the Federal Aviation Administration for the use of property at the Corpus Christi International Airport. Ordinance authorizing the City Manager, or Designee, to execute a twenty-year memorandum of agreement with the Federal Aviation Administration for the use of property at the Corpus Christi International Airport for the construction, operation, and maintenance of FAA owned navigation, communication and weather aid facilities; providing for severance; and for publication. BACKGROUND AND FINDINGS: The FAA has requested from the City authorization to consolidate twenty existing lease agreements for operation and maintenance of the Navigational Aids at Corpus Christi International Airport. These leases will be consolidated into a Memoranda of Agreement for a term of twenty years. ALTERNATIVES: No viable alternatives considered at this time. ' OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: This Memoranda of Agreement will comply with the City's Contracting Policies & Procedures. EMERGENCY 1 NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Airport Board Assistant City Manager Legal —347— 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): Comme s: Th RECOMMENDATION: Staff recommends approval as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Executed MOA's 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 1 Ordinance authorizing the City Manager, or designee, to execute a twenty year Memorandum of Agreement with the Federal Aviation Administration for the use of property at the Corpus Christi International Airport for the construction, operation, and maintenance of FAA owned navigation, communication and weather aid facilities; providing for severance; and providing for publication. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or City Manager's designee, is authorized to execute a twenty year Memorandum of Agreement No. DTFASW-10-L-00113 with the Federal Aviation Administration for the use of property at the Corpus Christi International Airport for the construction, operation, and maintenance of FAA owned navigation, communication, and weather aid facilities. A copy of the Agreement shall be filed with the City Secretary. SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. The agreement takes effect on the 61st day following City Council approval. 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: 1 e, �° 1 By: Lisa Aguil , Assistant City Attorney for the City Attorney FEDERAL AVIATION ADMINISTRATION MEMORANDUM OF AGREEMENT Agreement Number DTFASW-10-L-00113 This memorandum of agreement for the use of Airport property is made and entered into by the city of Corpus Christi, Texas, hereinafter referred to as Airport, for itself, its successors and assigns, and the Federal Aviation Administration, hereinafter referred to as the FAA. WITNESSETH WHEREAS, the parties listed above have entered into an Airport Improvement Grant Agreement; and WHEREAS, the parties listed above have entered into an agreement providing for the construction, operation, and maintenance of FAA owned navigation, communication and weather aids for the support of Air Traffic Operations; and WHEREAS, the parties consider it desirable to work in cooperation with each other in the technical installation and operation of air navigational aids to be used on Airport property; and WHEREAS, both parties agree the establishment, operation, and maintenance of systems for air traffic control, navigation, communication, and weather reporting is in the primary interest of safety and direct support of the ongoing operation of the Corpus Christi International Airport. NOW, THEREFORE, the parties mutually agree as follows: 1. TERMS AND CONDITIONS (Jun -04): It is mutually understood and agreed that the Airport requires FAA navigation aid facilities in order to operate their business and that the FAA requires navigation, communication and weather aid facilities at the Airport in order to support Air Traffic Operations. Thus, in the interest of both parties, it is hereby agreed that the Airport will allow the FAA to construct, operate, and maintain FAA owned navigation, communication and weather aid facilities in areas to be used on the Airport that have been mutually determined and agreed upon for the term commencing on October 1, 2011 and continuing through September 30, 2031. The FAA can terminate this agreement, in whole or part at anytime by giving at least sixty (60) day's notice in writing. Said notice shall be sent by certified or registered mail. (a) Together with the use of right-of-way for ingress to and egress from the premises; use of right-of-way for establishing and maintaining pole lines or under ground lines for extending electrical power and/or telecommunications Iines to the premises; including use of right-of- way for subsurface power, communication and/or water lines to the premises; all right-of- ways used to be over the area referred to as Corpus Christi International Airport, to be routed reasonably determined to be the most convenient to the FAA and as not to interfere with Airport operations. The Airport shall have the right to review and comment on plans covering access and utility rights-of-way under this paragraph. (b) And the use and right to grading, conditioning, and installing drainage facilities, and seeding the soil of the premises, and the removal of all obstructions from the premises which may constitute a hindrance to the establislunent and maintenance of navigational aid Page 1 of 5 MOA No. DTFASW-10-L-00113 (CRP) Corpus Christi International Airport Corpus Christi, Texas systems. The Airport shall have the right to review and comment on plans covering work permitted under this paragraph. (c) And the right to make alterations, attach fixtures, and erect additions, structures or signs, in direct support of the Airport. The Airport shall have the right to review and comment on plans covering work permitted under this paragraph. (d) And the right to park, without cost, all official and privately owned vehicles used for the maintenance and operation of the air navigational facilities. Parking shall be provided adjacent to the navigational aid facility or as near as possible without interfering with the operation of the Airport. 2. CONSIDERATION (Aug- 02): The FAA shall pay the Airport no monetary consideration, it is mutually agreed that the use and rights extended to the FAA herein are in consideration of the obligations assumed by the FAA in its establishment, operation, and maintenance of navigational aid facilities upon the premises. 3. PURPOSE (Apr -05): It is understood and agreed that the use of the herein described premises, known as, Corpus Christi International Airport shall be related to the FAA's activities in support of Air Traffic operations. 4. FAA FACILITIES (Apr -05): The FAA facilities covered by this agreement are identified on the most current approved Airport Layout Plan (ALP) and/or other pertinent drawings that are made a part of this agreement by reference and shown on the attached FAA "List of Facilities." 5. TITLE TO IMPROVEMENTS (Apr -05): Title to the improvements constructed for use by the FAA during the life of this agreement shall be in the name of the FAA. 6. HAZARDOUS SUBSTANCE CONTAMINATION (May -00): The FAA agrees to remediate, at its sole cost, all hazardous substance contamination on the FAA facility premises that is found to have occurred as a direct result of the installation, operation, relocation and/or maintenance of the FAA's facilities covered by this agreement. The Airport agrees to remediate or have remediated at its sole cost, any and all other hazardous substance contamination found on the FAA facility premises. To the extent allowed by Texas law, the Airport also agrees to save and hold the U. S. Government harmless for any and all costs, liabilities and/or claims by third parties that arise out of hazardous contamination found on the FAA facility premises that are not directly attributable to the installation, operation and/or maintenance of the facilities on the attached FAA "List of Facilities." Page 2 of 5 '�2 MOA No. DTFASW-10-L-00113 (CRP) Corpus Christi International Airport Corpus Christi, Texas 7. INTERFERENCE WITH FAA OPERATIONS (Oct -96): The Airport agrees not to erect or allow to be erected any structure or obstruction of whatsoever kind or nature within the Airport's boundaries that may interfere with the proper operation of the navigational aid facilities installed and used by the FAA, as it is not in the best interest of the Airport or the FAA. 8. FUNDING RESPONSIBILITY FOR FAA FACILITIES (Oct -96): The Airport agrees that any relocation, replacement, or modification of any existing or future FAA's navigational aid systems made necessary by Airport improvements or changes, which interferes with the technical and/or operational characteristics of the facility, will be at the expense of the Airport, with the exception of any such improvements or changes which are made at the request of the FAA. In the event such relocations, replacements, or modifications are necessary due to causes not attributable to either the Airport or the FAA, funding responsibility shall be determined by mutual agreement between the parties. 9. NON -RESTORATION (Oct -96): It is hereby agreed between the parties, that upon termination of its occupancy, the FAA shall have no obligation to restore and/or rehabilitate, either wholly or partially, the property used which is the subject matter of this agreement. It is further agreed that the FAA may abandon in place any or all of the structures and equipment installed in or Iocated upon said Airport property by the FAA during its tenure. Such abandoned equipment shall become the property of the Airport. 10. ANTI -KICKBACK (OCT -96): The Anti -Kickback Act of 1986 (41 U.S.C. 51-58) (the Act), prohibits any person from (1) Providing or attempting to provide or offering to provide any kickback; (2) Soliciting, accepting, or attempting to accept any kickback; or (3) Including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor to the United States Government or in the contract price charged by a subcontractor to a prime contractor or higher tier subcontractor. 11. COVENANT AGAINST CONTINGENT FEES (AUG -02): The Lessor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of the contingent fee. Page 3 of 5 -a53- MOA No. DTFASW-10-L-00113 (CRP) Corpus Christi International Airport Corpus Christi, Texas 12. OFFICIALS NOT TO BENEFIT (OCT -96): No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this contract, or to any benefit arising from it. However, this clause does not apply to this contract to the extent that this contract is made with a corporation for the corporation's general benefit. 13. NOTICES (Oct -96): All notices/correspondence shall be in writing, reference the Agreement number, and be addressed as follows: Airport: City of Carpus Christi Corpus Christi International Airport 1000 International Drive Corpus Christi, Texas 78406 Government: Department of Transportation Federal Aviation Administration Real Estate & Utilities Group, ASW -53 2601 Meacham Boulevard Fort Worth, TX 76137 14. PREVIOUS LEASE(S)/AGREEMENT(S) Upon commencement, this use agreement supersedes and hereby terminates Lease number DTFA07-04-L- 00560, DTFA07-97-L-01062, and DTFA07-98-L-01123. The Airport and the FAA hereby agree to the provisions outlined in this agreement as indicated by the signatures herein below of their duly authorized representative (s). This agreement is effective upon the date of signature by the last party thereof. CITY OF CORPUS CHRISTI UNITED STATES OF AMERICA, FEDERAL AVIATION ADMINISTRATION By: By: 104t(A Title: Kendra Boome McCown Real Estate Contracting Officer Date: Date: 7Cw+A.0 2 2 ) 20 Approved as to form. ` u/19-' , ! Lisa ^.ctiiiar ' Assistant :Cry Attorney For City Attorney Page 4 of 5 -35-4- Effective MEMORANDUM CORPUS CHRISTI MOA No. DTFASW-10-L-00113 (CRP) Corpus Christi International Airport Corpus Christi, Texas October 1, 2011 List of Facilities OF AGREEMENT DTFAS W-10-L-00113 INTERNATIONAL AIRPORT Number FaciIi R/W Number GSA Control Comments Number 1i MALSR 35 OYC 48150 Facility site, equipment shelter, restricted critical area 2 _ LOC/DME 35 OYC 48563 Antenna site, equipment shelter site, restricted critical area 3 GS 35 OYC 48565 Facih site, critical area, engine generator site 4 . RE1L 5 RVR 35 OYC 35 OYC 94299 94569 Facility site Facility site 6 ODALS 7 PAPI 17 CRPA 17 CRPA 94318 94505 Facility site Facility site S MALSR 31 EKI 48569area, Facility site, equipment shelter, restricted critical access road 9 LOC 31 EKI Antenna site, equiiment shelter site 10 E' AP I 31 EKI 94639 Facility site 11 MALSR 13 CRP 48569 Facility site, equipment shelter, restricted critical area, access road 12 ' LOC/DME 13 CRP 48130critical Antenna site, equipment shelter site, restricted area 13 • GS 13CRP 48129 Facility site, critical area, engine generator site 14 I RVR 13 CRP 48139 Facility site 15PAPI 13 CRP 94287 Facility site 16 RTR CRP 48127 Facility site 17 RTR CRP 48126Facility site 18 RTR CRP 48132 Facility site 19 ASOS CRP 94295 Sensor group and ACU in ATCT 20 WEF CRP 94297 Center of the Field . Sy{ Page5of5 —3q5— 19 AGENDA MEMORANDUM for the City Council Meeting of 11/08/11 DATE: TO: Ronald L. Olson, City Manager October 27, 2011 FROM: Joan McKaughan, Interim Director of Human Resource joanm@cctexas.com 826-3306 CAPTION: Continuing TMRS 100% Updated Service Credits for Current Participants and 70% Consumer Price Index (CPI) Increases for Annuities. AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE MEMBERS OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS; AND PROVIDING FOR SEVERANCE. BACKGROUND AND FINDINGS: On July 27, 2004, for an effective date of January 1, 2005, Council adopted "Updated Service Credits" and "Increased Prior and Current Service Annuities" on an annual basis (annually repeating, not requiring approval by Council each year). Ordinance 025865. On December 7, 2010 Council approved the contract with the Corpus Christi Police Officer's Association (CCPOA), which included provisions for "Updated Service Credits" and "Increased Prior and Current Service Annuities" on an "Ad Hoc" basis. On December 14, 2010 Council approved Ordinance 028892 authorizing "Updated Service Credits" and "increased Prior and Current Service Annuities" for 2011. ALTERNATIVES: None. The City is restricted by the terms of the collective bargaining agreement with the CCPOA and provisions of the state statute governing TMRS. This is a five year contract which is effective from August 1, 2010 through July 31, 2015. -359- OTHER CONSIDERATIONS: Given the negotiation of "Updated Service Credits" and "Increased Prior and Current Service Annuities" in the collective bargaining agreement with CCPOA, Government Accounting Standards, as interpreted by the City's external auditor, dictate that the City must record the liability as if annually repeating for the term of the contract (which ends on July 31, 2015). The City's contribution rate for 2011, as calculated by TMRS under the Ad Hoc provision, is 14.24% which is the amount that the City budgeted for fiscal year 2011-2012 and is contributing for January through December 2011. For calendar year 2012, the rate calculated by TMRS under the Ad Hoc provision is 10.33% however the City budgeted and will be contributing 14.8% beginning in January 2012 in an attempt to address the liability issue. The City Manager will develop a plan to return to annually repeating in the coming years. CONFORMITY TO CITY POLICY: Adoption of this ordinance is in accordance with the Agreement negotiated with the Corpus Christi Police Officers' Association. EMERGENCY 1 NON -EMERGENCY: Non -emergency, Ordinance - Two readings (11115111, 12/06/11) DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: Not Applicable o Operating Expense o Revenue a 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: If the City were to adopt the annually repeating feature on these plan provisions (USC & COLA) the City's contribution rate for 2012 would increase to 20.33%. As the City budgeted 14.24% for five months of the current fiscal year and 14.8% for seven months of the current fiscal year, the actual increase to the budget would be approximately 5.76%. A 5.76% increase on salaries of $110,016,277 is approximately $6.337 million dollars. RECOMMENDATION: Staff recommends adoption of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Approvals: Margie C. Rose, Assistant City Manager Eddie Houlihan, Assistant Director of Management and Budget Constance Sanchez, Interim Director of Financial Services -361- An ordinance authorizing and allowing, under the act governing the Texas Municipal Retirement System, "Updated Service Credits" in said system for service performed by qualifying members of such system who presently are members of the City of Corpus Christi; providing for increased prior and current service annuities ' for retirees and beneficiaries of deceased retirees of the City; establishing an effective date for such actions; and providing for severance. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. Authorization of Updated Service Credits. (a) On the terms and conditions set out in Sections 853.401 through 853.403 of Subtitle G of Title 8, Government Code, as amended (hereinafter referred to as the "TMRS Act"), each member of the Texas Municipal Retirement System (hereinafter referred to as the "System") who has current service credit or prior service credit in the System in force and effect on the 1st day of January of the calendar year preceding such allowance, by reason of service in the employment of the City, and on such date had at least 36 months of credited service with the System, shall be and is hereby allowed "Updated Service Credit" (as that term is defined in subsection (d) of Section 853.402 of said title) in an amount that is 100% of the "base Updated Service Credit" of the member (calculated as provided in subsection (c) of Section 853.402 of said title). The Updated Service Credit hereby allowed shall replace any Updated Service Credit, prior service credit, special prior service credit, or antecedent service credit previously authorized for part of the same service. (b) In accordance with the provisions of subsection (d) of Section 853.401 of said title, the deposits required to be made to the System by employees of the several participating departments on account of current service shall be calculated from and after the date aforesaid on the full amount of such person's earnings as an employee of the City. Section 2. Increase in Retirement Annuities. (a) On terms and conditions set out in Section 854.203 of Subtitle G of Title 8, Government Code, as amended, the City hereby elects to allow and to provide for payment of the increases below stated in monthly benefits payable by the System to retired employees and to beneficiaries of deceased employees of the City under current service annuities and prior service annuities arising from service by such employees to this City. An annuity increased under this Section replaces any annuity or increased annuity previously granted to the same person. (b) The amount of the annuity increase under this Section is computed as the sum of the prior service and current service annuities on the effective date of retirement of the person on whose service the annuities are based, multiplied by 70% of the percentage change in Consumer Price Index for All Urban Consumers, from December of the year immediately preceding the effective date of the person's retirement to the December that is 13 months before the effective date of this Section. (c) An increase in an annuity that was reduced because of an option selection is reducible in the same proportion and in the same manner that the original annuity was reduced. -362- (d) If a computation hereunder does not result in an increase in the amount of an annuity, the amount of the annuity will not be changed hereby. (e) The amount by which an increase under this Section exceeds all previously granted increases to an annuitant is an obligation of this City and of its account in the municipality accumulation fund of the System. Section 3. Effective Date. Subject to approval by the Board of Trustees of the System, this ordinance shall be and become effective on the 1st day of January 2012. Section 4. 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. That the foregoing ordinance was read for the first time and passed to its second reading ori 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 City Secretary Joe Adame Mayor APPROVED as to form: By: Jennifer A. Knox -Walker Assistant City Attorney for the City Attorney 20 AGENDA MEMORANDUM for the City Council Meeting of November 8, 2011 DATE: 10/11/2011 TO: Ronald L. Olson, City Manager FROM: CAPTION: Pete Anaya, P.E. Director of Engineering Servicesort) petean@cctexas.com (361) 826-3781 Aquarius Street Speed Limit Reduction Between Commodores Drive and Whitecap Boulevard Ordinance amending Section 53-255 of the code of ordinances to decrease the speed limit on Aquarius Street between Commodores Drive and Whitecap Boulevard from 35 miles per hour (MPH) to 30 miles per hour (MPH) at all times, providing for penalties; providing for severance, and providing for publication. BACKGROUND AND FINDINGS: Sec 53-254. Schedule V, increase of state speed limits in certain zones, designates Aquarius Street as a 35 MPH speed zone, at all times, between Commodores Drive and Whitecap Boulevard. Based on the 85th Percentile Study, this speed limit designation is appropriate for this street. However, due to area development, future roadway expansion, accident history and residential input, the speed limit is recommended to be lowered to 30 MPH. This item was presented and approved by the Traffic Advisory Committee on October 24, 2011. ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: The speed limit designation of 30 MPH is recommended as a traffic calming technique. The new speed limit will become effective when the ordinance amendment is adopted and signs are erected. CONFORMITY TO CITY POLICY: Sec. 53-254 Schedule V, increase of state speed limit in certain zones; and Sec. 53-255. Schedule VI, Decrease of state law maximum speed. EMERGENCY INON-EMERGENCY: Non -emergency —367— DEPARTMENTAL CLEARANCES: Not applicable 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: Not Applicable RECOMMENDATION: Traffic Engineering recommends the reduction of the speed limit on Aquarius Street between Commodores Drive and Whitecap Boulevard from 35 MPH to 30 MPH. LIST OF SUPPORTING DOCUMENTS: 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 Pereles, Jr., P.E., Assistant City Manager -369- Ordinance amending Section 53-255 of the Code of Ordinances to decrease the speed limit on Aquarius Street from Commodores Drive to Whitecap Boulevard from 35 mph to 30 mph at all times; providing for penalties; providing for severance; and providing for publication. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 53-255 of the City of Corpus Christi Code of Ordinances is amended to decrease the speed limit on Aquarius Street from Commodores Drive to Whitecap Boulevard from 35 mph to 30 mph at all times, by adding the following underlined text, as shown: CHAPTER 53 TRAFFIC ARTICLE VIII. SCHEDULES Sec. 53-255. Schedule VI, Decrease of state law maximum speed. Alley west of the 3100-3500 Blocks of Ayers Street: From its beginning at La Armada 1 and 11 to its termination at Tarleton Street —15 mph— At all times Aquarius Street: From Commodores Drive to Whitecap Boulevard -30 mph—Ail times A Service Alley: Running parallel to Everhart Road and Stonegate Way, from Bonner Drive to Curtis Clark Drive —15 mph At all times * * * * SECTION 2. Section 53-254 of the City of Corpus Christi Code of Ordinances is amended by deleting the following stricken text, as shown: J:11.ENG11 AGENDA ITEM 51201111115111111511 ORD Amend speed limit on Aquarius to 30 mph.docx —370— Sec. 53-254. Schedule V, increase of state speed limit in certain zones. Alameda Street: From Cole Street to Ocean Drive -35 mph At all times 35 mph,—elf times Ayers Street (S.H. 286): From Norton Street to Port Avenue -35 mph --All times * * * * 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 hereof be given full force and effect for its purpose. SECTION 4. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 5. Penalties are as provided in Section 53-55 of the Code of Ordinances. J:11.ENG11 AGENDA ITEM 512011\1115111111511 ORD Amend speed limit on Aquarius to 30 mph.docx -371- That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2011, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick David Loeb 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 John E. Marez Chris N. Adler Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick David Loeb Priscilla G. Leal PASSED AND APPROVED on this the day of , 2011. ATTEST: Armando Chapa City Secretary APPROVED as to legal form: 27 -Oct -11 u, a4/‘ Veronica Ocarias Assistant City Attorney for City Attorney Joe Adame Mayor J:11.ENG11 AGENDA ITEM 51201111115111111511 ORD Amend speed limit on Aquarius to 30 mph.docx —372— 21 AGENDA MEMORANDUM for the City Council Meeting of November 15, 2011 DATE: 11/15/2011 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb@cctexas.com 361-826-3169 Award of a supply agreement: Emulsion Oil (SS -1) Bid Invitation — BI -0017-12 CAPTION: RECOMMENDATION: Motion approving a supply agreement with Ergon Asphalt & Emulsions, inc., Austin, Texas for emulsion oil (65-1) in accordance with Bid Invitation No. BI -0017-12, based on only bid, for an estimated six month expenditure of $84,645.05. The term of the contract will be for six months with an option to extend for up to five additional six-month periods, subject to the approval of the supplier and the City Manager or designee. This material is used by Street Services for maintenance of City streets. Funds have been budgeted by the Street Services Department in FY 11/12. BACKGROUND AND FINDINGS: The SS -1 emulsion oil is used by Street Services as a tack -coat for patch work on City streets. The options to extend the previous contract were exhausted. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Street Services Department FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011-2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $2,387,164.88 0.00 $2,387,164.88 Encumbered / Expended Amount 115,178.60 0.00 115,178.60 This item 84,645.05 0.00 84,645.05 BALANCE $2,187,341.23 0.00 $2,187,341.23 Fund(s): General Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid tabulation attached. Approvals: Brian Narvaez, 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 —376— PURCHASING DIVISION BID TABULATION BID INVITATIONNO. BI -0017-12 CITY OF CORPUS CHRISTI SENIOR BUYER: ELISA COVINGTON DATE: 11/15/11 ERGON ASPHALT & EMULSIONS, INC. AUSTIN, TEXAS Description Qty. Unit Unit Price Total Price 1 Emulsion Oil (SS -1) 35,000 Gal. $2.42 $84,645.05 Total $84,645.05 22 AGENDA MEMORANDUM for the City Council Meeting of November 15, 2011 DATE: 11/15/2011 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services (361) 826-3169 Mikeb@cctexas.com CAPTION: Purchase of a LiveScan booking station Motion approving the purchase of a LiveScan booking station and required components from 3M Cogent Systems, Inc. as an enhancement to the Corpus Christi Police Department's existing Automated Fingerprint Identification System for a total amount of $85,613. Funds are budgeted and available in the 2010 State Homeland Security Program -Law Enforcement Terrorism Prevention Activity fund, acquired through the 2010 Homeland Security Grant Program. BACKGROUND AND FINDINGS: The specialized equipment purchase is an enhancement to the Police Department's "Expanded Automated Fingerprint Identification System (AFIS) with Mobile Fingerprint Matching Capacity" project. The equipment includes a LiveScan booking station, printer, interface, biometric login, mobile ID server and client license. The first of three project goals is to increase the number of offender fingerprints that populate the current AFIS, thereby, increasing the searchable database for offender and crime scene fingerprints. The second goal of the project is to improve area law enforcement officer safety. By providing cost-effective, cutting edge fingerprint matching units in police vehicles, field officers can immediately match suspects with known offenders and safely manage potentially dangerous situations. Finally, crime scene investigations will be improved by strengthening and expanding the region's capacity to match latent finger and palm print evidence collected at crime scenes with known offenders. As all regional partners have free access to AFIS data, implementation positively impacts the ability to identify and enforce actions involving all repeat offenders, particularly those involved in drugs, alcohol, gangs and weapons violations. ALTERNATIVES: The 3M Cogent customized software contains proprietary trade secret information embodied in source code, which is never publicly disclosed, making it the sole source provider of the equipment. CONFORMITY TO CITY POLICY: This purchase conforms to ail City purchasing policies and procedures and State statutes regulating procurement. -381- EMERGENCY / NON -EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Police Department Fire Department FINANCIAL IMPACT: Fiscal Year: 2011-2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $311,613.00 $0 $311,613.00 Encumbered / Expended Amount 226,000 0 226,000 This item 85,613.00 0 85,613.00 BALANCE $0 $0 $0 Fund(s): HSGP 10-12 SHSP-LETPA Comments: The cost of the equipment is $85,613. The HSGP 10-12 SHSP- LETPA organization has $311,613 allocated for the Homeland Security Grant Program. Projects must be complete and submitted to the State for reimbursement by July 31, 2012. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Pricing sheet attached. Approvals: Brian Narvaez, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager PRICING SHEET: BI -0175-11 LIVESCAN BOOKING STATION CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: SAVANNAH CRUZ COUNCIL DATE: NOVEMBER 15, 2011 TOTAL: 3M Cogent Systems, Inc. Pasadena, CA Description Qty. Unit Unit Extended Price Price CS500p Cabinet Livescan, 11OV 1 each $ 17,108.00 $17,108.00 Printer Duplexer Black and White 1 each $ 1,200.00 $1,200.00 Livescan Interface 1 each $ 1,500.00 $1,500.00 Biometric Login- Finger or Face (Includes Webcam or Sensor) 1 each $ 1,200.00 $1,200.00 Region Mobile ID Server- Includes up to 100 connections 1 each $ 34,300.00 $34,300.00 BlueCheck II with WeblD Client License 19 each $ 1,595.00 $30,305.00 TOTAL: 23 AGENDA MEMORANDUM for the City Council Meeting of November 15, 2011 DATE: November 15, 2011 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb@cctexas.com 361-826-3169 Emergency Medical Services (EMS) Billing and Collection Services CAPTION: Motion approving a service agreement with ACS State & Local Solutions, Inc, Dallas, Texas for EMS Billing and Collection Services in accordance with the State of Texas Department of Information Resources (DIR) cooperative purchasing agreement for an estimated annual expenditure of $396,800 of which $264,533 is required for FY 2011/2012. The term of the contract will be for one year with two automatic extensions and an option to extend the agreement for up to two additional twelve month periods subject to the agreement of the contractor and the City Manager or designee. Funds have been budgeted by the Fire Department in FY 2011/2012. BACKGROUND AND FINDINGS: The contractor will capture data entered by paramedics in the field for emergency medical services provided during ambulance emergency calls. The data will be downloaded into the contractor's billing system which will generate a bill to the responsible party. The contractor will provide twelve new Panasonic Toughbook laptop computers, load software onto the laptops, host the data on a web based server at a remote location, issue bills to ambulance customers and deposit funds collected into the City's account on a weekly basis. ALTERNATIVES: The decision to utilize the DIR cooperative contract in lieu of issuing a City bid was based on 1) the need to expedite establishing a new contract 2) the pricing structure offered under the DIR cooperative contract and 3) the qualifications and experience of the chosen contractor. OTHER CONSIDERATIONS: The pricing model used under the contract is based on an incentive type agreement which provides for an increased fee as the revenue collected is increased. The fee starts at 6.4% for all revenue collected up to $6,200,000 annually and increases incrementally up to a 7% cap for revenue collected in excess of $7,200,000 annually. —387— CONFORMITY TO CITY POLICY: The award conforms to all the City policies and State statutes governing procurement. EMERGENCY / NON -EMERGENCY: N/A DEPARTMENTAL CLEARANCES: Fire Department FINANCIAL IMPACT: ❑ Not Applicable X Operating Expense o Revenue ❑ CIP Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP) Current Year Future Years TOTALS Budget $420,000.00 $132,267 $552,267.00 Encumbered / Expended Amount 31,965.67 31,965.67 This item 264,533.00 132,267 396,800.00 BALANCE $123,501.33 _ 0 $123,501.33 Fund(s):1020 Comments: Funds to support this contract are generated from the fees collected by the contractor. The estimated expenditure shown is based on a fee of 6.4% and annual revenue of $6,200,000. RECOMMENDATION: Staff recommends award of the contract as submitted. LIST OF SUPPORTING DOCUMENTS: Contract 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 PURCHASE ORDER FOR EMERGENCY MEDICAL SERVICE BETWEEN ACS STATE & LOCAL SOLUTIONS, INC AND THE CITY OF CORPUS CHRISTI, TEXAS PURSUANT TO DIR CONTRACT No. DIR-SDD-1647 A. Parties This Purchase Order is entered into by the City of Corpus Christi, Texas ("City"), with its principal place of business at 1201 Leopard Street, Corpus Christi, Texas 78401, and ACS State & Local Solutions, Inc. ("Vendor"), with a place of business at 2828 North Haskell, Dallas, Texas 75204. B. Compliance with Procurement Laws This Purchase Order is entered into as a result of compliance with applicable procurement laws of the State of Texas pursuant to the Contract for Products and Related Services between the State of Texas, Department of Information Services and Vendor, DIR Contract No. DIR-SDD-1647 (as amended to date, the "DIR Contract.") C. Services Vendor shall provide to the City all of the services as described in the Statement of Work in Exhibit A to this Purchase Order ("SOW"). As required by Section 3.B. of the DIR Contract, the services in the SOW are included in those specified in the DIR Contract, Appendix C, Pricing Index, entitled "Emergency Medical Service (EMS)." The SOW also specifies some of the City's additional responsibilities under this Purchase Order and certain provisions regarding equipment. D. Pricing Pricing is set forth in Exhibit B to this Purchase Order ("Pricing"). The parties acknowledge that the Pricing complies with Sections 4 and 5 of the DIR Contract. E. Business Associate Agreement City and Vendor agree to comply with the terms of Exhibit C, Business Associate Agreement. F. Term This Purchase Order shall become effective as of December 1, 2011, and shall terminate on the date which is one year later ("Anniversary Date"). This Purchase Order will automatically extend on the Anniversary Date for two (2) consecutive twelve month periods. At the end of the three (3) twelve month periods, the City shall have the option to extend this Purchase Order for up to two (2) additional twelve 1 -389- month periods subject to the approval of the Vendor and the City Manager or designee, unless otherwise sooner terminated as provided in the DIR Contract ("Term"). This Purchase Order may be canceled with or without cause by the City upon ninety (90) days' written notice. G. Order of Precedence In the event of a conflict between this Purchase Order and the documents listed in the Order of Precedence in Section 1C of the DIR Contract, the controlling document shall be this Purchase Order, then the DIR Contract, then the remaining documents as listed in such section. H. Notices Notices in relation to this Purchase Order shall be sent to: City: City of Corpus Christi, Texas 1201 Leopard Street Corpus Christi, Texas 78401 Vendor: ACS State & Local Solutions, Inc. 8260 Willow Oaks Corporate Drive Fairfax, VA 22031 Attention: Managing Director, LGS(PSJS With a copy to: ACS State & Local Solutions, Inc. 8260 Willow Oaks Corporate Drive Fairfax, VA 22031 Attention: GSG Contracts H. Signatories The undersigned signatories represent and warrant that they have full authority to enter into this Purchase Order on behalf of their respective parties named below. City: Vendor: The City of Corpus Christi, Texas By: Name: Title: Date: Approved as to form: /6-27 --2-6t, 2 B L. Brian Narvaez Assistant City Attofney -390- ACS State & Local Solutions, Inc. 1) By: Name: LOUIS J. SCHIAVONE, JR. Title: Vice President, Public Safety & Justice Date: October 20, 2011 EXHIBIT A STATEMENT OF WORK DEFINITIONS For the purposes of this Exhibit A, the following definitions apply: "Transport" means the conveyance of an EMS Patient by the City's Fire Department ambulance to a receiving hospital. "Non -Transport" is defined by responses to 911 calls, where the City's emergency response personnel provide services, but do not transport the patient to the hospital for any reason. I. SERVICES Vendor will provide Billing and Collections Processes, Customer Service, and Reporting (collectively, the "Services") during the Term. Vendor will provide the majority of the Services from a facility located in Houston, Texas. Some project support may also be provided by staffing based out of Vendor's billing office located in Philadelphia, Pennsylvania. A. BILLING AND COLLECTION PROCESSES Vendor will provide billing and collection services for Transports and associated fees (designated by the City) charged to a patient (or patient's responsible party) who received medical transportation services provided by the City. For Billing Services, Vendor will: • Provide an interface to the City's existing ePCR software in order to receive patient data electronically. • Receive and process for payment the claim information generated and submitted by the City to Vendor. • Collect missing patient insurance information either directly from patients or using Electronic Data Interface (EDIs) exchanges with local hospitals. 1 • Send multiple written requests (up to three (3) mailed notices) to patients requesting insurance information, and if necessary, follow up with personal phone calls. • Generate insurance forms and file claims with third party payers or other financially responsible parties on behalf of the City. • Vendor will also initiate billing and collection efforts for the City's existing Non -Transport fees on all appropriate responses, as established by local ordinance. Maintain electronic data interchanges 3 -391- ("EDIs") with payers and facilities using the City's existing EDIs_ and work with the City to develop additional EDIs to expedite claim filing process. • Deposit gross receipts from transport fees into the City's lockbox facility or bank account. • Prepare and submit refund requests to the City in the case of a payer or patient overpayment, including all backup documentation pertaining to the request. • Arrange modified payment schedules for individuals unable to pay full amount when billed. For Collection Services, Vendor will: • Collect bad debts (defined as City's existing debts which are uncollected after 120 days), conducting the following activities: o Perform account sweeps o Send additional notices on unresponsive accounts a Revise notice streams to change the timing and/or wording of patient mailings a Make out -bound phone calls to patients or responsible parties to obtain insurance information or establish payment plans for self -pay patients o Conduct skip tracing by submitting accounts for national change of address (NCOA) processing o Report uncollected accounts to credit bureaus if desired by the City and notified to Vendor • Establish a write-off policy consistent with the City's current policy • Establish a program to review and act upon any existing unpaid claims. B. CUSTOMER SERVICE Vendor will: • Maintain an appropriate level of staffing that is dedicated to the Services provided under this Purchase Order. • Provide a local or toll-free telephone number for patients and payers with billing inquiries or complaints. Customer services staff will be available from 8:30 a.m. to 5:00 p.m. (Local Time) Monday through Friday, excluding Vendor holidays. • Provide a high level of quality customer service to patients both via phone and in writing. • Use reasonable commercial efforts to respond within one (1) business day to written and telephone payer or patient inquiries and complaints regarding the Billing and Collection Processes. • Maintain, for a maximum of three (3) years after the termination or expiration of this Purchase Order, records with basic summary information of inquiries and complaints. 4 —392— • Process insurance information for patients and service information for payers. • Elicit additional information to re -submit claims that resulted in eligibility denials. • Receive and follow up on denials or requests for medical record documentation. • Refer to the City any complaints or commendations about patient quality of care provided during transports. C. REPORTING For Reporting services, Vendor will: • Provide regular reports to the City including, but not limited to, financial daily deposit, daily Transport application, reconciliation information, and monthly collection totals. Reports will be provided electronically whenever possible to minimize paper consumption. • Maintain, for a maximum of three (3) years after the termination or expiration of this Purchase Order, copies of reports provided to the City by Vendor. • Provide custom reports and/or additional reporting capabilities to the City, at fees to be agreed. • Provide all required reports to the State of Texas Trauma Registry, on a monthly basis. • Will provide access (via web), to electronic copies of both ePCR and billing records. II. CITY RESPONSIBILITIES City will: • Provide Vendor with data and required authorizations, including signatures, of sufficient quality and accuracy for Vendor to generate billable claims for Transports conducted and to provide the other Services. • Provide one main Point of Contact for program communications and decisions. • Provide prompt and timely payment to Vendor as set forth in Exhibit B and in accordance with the DR Contract. III. EQUIPMENT Vendor will: • Provide City with twelve (12) new Panasonic Toughbook mobile tablet computers to be used by the City's medics for data collection in the field during the Term of this Purchase Order ("Equipment"). • In the event the City terminates this Purchase Order before the end of the Term, then as termination costs the City shall pay Vendor the then -current fair market value of the Equipment. In consideration for the City's payment of these termination costs, Vendor shall transfer title to the Equipment and assign all related software licenses and software warranties to the City, but only to the extent 5 -393- permitted by any third party vendors. Vendor provides no further warranties than those warranties which Vendor is able to pass through to the City. The City's termination costs at the expiration of this Purchase Order at the end of the Term are $1.00. • Vendor will work with the City to establish an interface with the City's PRC -provided CAD and the EmergiData ePCR system for CAD messaging delivery and reconciliation. The cost of providing this solution is included as part of the contingency fee charged the City on a monthly basis during the term of the contract. 6 -394— EXHIBIT B PRICING Subject to all the terms and conditions of this Purchase Order and the DIR Contract, City agrees to pay Vendor in accordance with this Exhibit B. Definitions For the purposes of this Exhibit B, the following definitions apply: "Cumulative Gross Revenue Collections" means the total amount of cash collections received by Vendor during a particular contract year which are posted to the bank account designated by the City, regardless of the date of service on which a Transport or Non -Transport response occurred. "Monthly Gross Revenue Collections" means the total amount of cash collections received by Vendor during a calendar month which are posted to the bank account designated by the City, regardless of the date of service on which a Transport or Non -Transport response occurred. "Non -Transport" is defined by responses to 911 calls, where the City's emergency response personnel provide services, but do not transport the patient to the hospital for any reason. The City currently has an established "Non -Transport" fee and expects the Vendor to bill and collect for these response services. "Transport" means the conveyance of an EMS Patient by the City's Fire Department ambulance to a receiving hospital. Fees The City shall pay Vendor a monthly contingency fee in arrears. Until Vendor has achieved $6,200,000.00 of Cumulative Gross Revenue Collections in a given contract year, City shall pay Vendor a monthly contingency equal to 6.40% of the Monthly Gross Revenue Collections. For example, if in month one of a given contract year, Vendor's Monthly Gross Revenue Collections are $1,000,000.00, City shall pay Vendor a monthly contingency fee of $64,000.00 ($1,000,000.00 of Monthly Gross Revenue Collections X 6.40% contingency fee). Once Vendor has achieved $6,200,000.00 of Cumulative Gross Revenue Collections in a given contract year, for each additional dollar of Cumulative Gross Revenue Collections collected above $6,200,000.00, City shall pay Vendor an increased contingency fee in accordance with the table below: Cumulative Gross Revenue Collections Contingency fee $0 - $6,200,000.00 6.40% $6,200,000.01 - $6,500,000.00 6.50% $6,500,000.01 - $7,200,000.00 6.75% $7,200,000.01 and higher 7.00% For example, if in month six of a given contract year, Vendor's Monthly Gross Revenue Collections are $1,000,000.00, and at the end of such month six, Vendor's Cumulative Gross Revenue Collections for the contract year to date is $6,500,000.00, then City would pay Vendor the following sum: 7 -395- Payment to Vendor: $64,300.00 Calculation of payment to Vendor: $64,300.00 = 6.40% x $700,000.00 + 6.50% x $300,000.00 $700,000.00 = $6,200,000.00 minus $5,500,000.00 Cumulative Gross Revenue Collections for months one through five. $300,000.00 = Remaining amount of Cumulative Gross Revenue Collections for month six above $6,200,000.00. In other words, Vendor is paid a contingency fee of 6.40% on each dollar of Cumulative Gross Revenue Collections until the amount of $6,200,000.00 is reached. Once $6,200,000.00 is reached, Vendor is paid a contingency fee of 6.50% on each additional dollar of Cumulative Gross Revenue Collections until Cumulative Gross Revenue Collections reaches $6,500,000.00. The same rules apply to the next two increased contingency fee rates set forth m the table above. Once Cumulative Gross Revenue Collections reach $6,500,000.00, City shall pay Vendor a contingency fee of 6.75% on each additional dollar of Cumulative Gross Revenue Collections until the amount of $7,200,000.00 is reached. Once Cumulative Gross Revenue Collections exceed $7,200,000.00, then City shall pay Vendor a contingency fee of 7.00% on each additional dollar of Cumulative Gross Revenue Collections. For example, if Vendor has Monthly Gross Revenue Collections of $100,000.00 in month twelve of a given contract year, and at the end of such month twelve Vendor's Cumulative Gross Revenue Collections is $8,100,000.00, then City shall pay Vendor a monthly contingency fee of $7,000.00 (7.00% x $100,000.00). The contingency fee described in this Exhibit 13 includes the 0.5% DIR Administrative Fee required under Section 5 of the State of Texas Department of Information Resources Contract for Products and Related Services, dated as of March 3, 2011, between ACS State & Local Solutions, Inc., and the State of Texas, acting by and through the Department of Information Resources. Medicaid Claims Notwithstanding any other provision of this Purchase Order, Vendor shall not receive any compensation from the City for preparing or submitting Medicaid claims arising from Transports so long as ACS State Healthcare, LLC remains the Medicaid Claims Processor for the State of Texas. In the event that ACS State Healthcare, LLC no longer processes Medicaid claims for the State of Texas, Vendor shall notify City in writing of the date on which ACS State Healthcare, LLC no longer provides Medicaid claims processing for the State of Texas, and Vendor may immediately after such date include Monthly Gross Revenue Collections received from Medicaid claims for determining the amount of the contingency fee paid to Vendor. 8 -396-- EXHIBIT C BUSINESS ASSOCIATE AGREEMENT This Business Associate Agreement ("this Agreement") is effective as of December 1, 2011 (the "Effective Date") by and between the City of Corpus Christi, Texas ("Covered Entity") and ACS State & Local Solutions, Inc. ("Business Associate"). Individually, Covered Entity and Business Associate are referred to as a "Party" and collectively "Parties". This Agreement supplements and is made a part of the underlying services agreement between Covered Entity and Business Associate (the "Services Agreement") pursuant to which Business Associate will perform specified services for and on behalf of Covered Entity. Covered Entity and Business Associate intend to protect the privacy and provide for the security of Protected Health Information ("PHI") disclosed to Business Associate pursuant to this Agreement and the Services Agreement, in compliance with the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 ("HIPAA") and regulations promulgated thereunder including the Standards for Privacy of Individually Identifiable Health Information at Title 45, Parts 160 and 164 of the Code of Federal Regulations ("C.F.R.") ("Privacy Rule") and the Security Standards for the Protection of Electronic Protected Health Information at 45 C.F.R. Parts 160 and 164 ("Security Rule"), and the requirements of the Health Information Technology for Economic and Clinical Health Act, as incorporated in the American Recovery and Reinvestment Act of 2009, that relate to the obligations of Covered Entities and Business Associates for PHI (the "HTTECH Act"). All capitalized terms in this Agreement that are not defined in this Agreement will have the meaning ascribed to those terms by 45 C.F.R. Parts 160-164. A. PRIVACY AND SECURITY OF PROTECTED HEALTH INFORMATION 1. Permitted and Required Uses and Disclosures. Business Associate is permitted or required to Use or Disclose Protected Health Information ("PHP') it creates or receives for or from Covered Entity as follows: a) Functions and Activities on Covered Entity's Behalf. Business Associate is permitted to request, Use and Disclose PHI it creates or receives for or from Covered Entity (or another business associate of Covered Entity), consistent with HIPAA and the HITECH Act, only as described in this Agreement, the Services Agreement or other agreements during their term that may exist between Covered Entity and Business Associate. b) Business Associate's Operations. Business Associate may Use PHI it creates or receives for or from Covered Entity as necessary for Business Associate's proper management and administration or to carry out Business Associate's legal responsibilities. Business Associate may disclose such PHI as necessary for Business Associate's proper management and administration or to carry out Business Associate's legal responsibilities only if: (i) The Disclosure is Required by Law; or (ii) Business Associate obtains reasonable assurance from any person or organization to which Business Associate will disclose such PHI that the person or organization will (a) hold such PHI in confidence and Use or further Disclose it only for the purpose for which Business Associate disclosed it to the person or organization or as Required by Law; and (b) notify Business 9 —397— Associate (who will in turn promptly notify Covered Entity) of any instance of which the person or organization becomes aware in which the confidentiality of such PHI was breached. c) Data Aggregation Services. Except as otherwise prohibited by this Agreement, Business Associate may use PHI to provide data aggregation services relating to the healthcare operations of Covered Entity. d) Minimum Necessary and Limited Data Set. Each Party agrees to limit, to the extent practicable and except as permitted by 45 C.E.R. § 164.502(b)(2), its Use, Disclosure and requests of PHI under the Services Agreement to a Limited Data Set (as defined in 45 C.F.R. § 164.514(e)(2)) or, if needed by a Party, to the minimum necessary PHI to accomplish the intended purpose of such Use, Disclosure or request. This provision will cease to apply on the effective date of guidance issued by the Secretary in accordance with HITECH § 13405(b)(1)(C). e) Prohibitions on Unauthorized Use or Disclosure. Business Associate will neither Use nor Disclose Covered Entity's PHI it creates or receives from Covered Entity except as permitted or required by this Agreement, as Required by Law, or as otherwise permitted in writing by Covered Entity. 2. Subcontractors and Agents. Business Associate will require any of its subcontractors and agents to provide reasonable assurance, evidenced by written contract, that subcontractor or agent will comply with the same privacy and security obligations with respect to such PHI that are applicable to Business Associate under this Agreement. 3. Information Safeguards. a) Privacy of Covered Entity's Protected Health Information. Business Associate will implement, maintain, and use appropriate administrative, technical, and physical safeguards to protect the privacy of Covered Entity's PHI. The safeguards will reasonably protect such PHI from any Use or Disclosure in violation.. of the Privacy Rule and this Agreement, andlimit.incidental Uses or Disclosures made pursuant to a Use or Disclosure otherwise permitted by this Agreement. b) Security of Covered Entity's Electronic Protected Health Information. Business Associate will implement, maintain, and use administrative, technical, and physical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of Electronic Protected Health Information that Business Associate creates, receives, maintains, or transmits on Covered Entity's behalf as required by the Security Rule and the HITECH Act. Business Associate also will implement policies and procedures and meet the Security Rule documentation requirements as required by the HITECH Act. 4. Mitigation. Business Associate will mitigate and establish procedures for mitigating, to the extent reasonably practicable, any harmful effect known to Business Associate of a Use or Disclosure of PHI by Business Associate in violation of the requirements of this Agreement or, as applicable, the Privacy Rule and/or the Security Rule. Business Associate will (i) take prompt corrective action to cure any deficiencies; (ii) assist Covered Entity in mitigating any harm caused by such impermissible Use or Disclosure; and (iii) take any action pertaining to such unauthorized Disclosure required by applicable law. 5. Obligations of Covered Entity. 10 -398- a) To the extent that such limitations may affect Business Associate's Use or Disclosure of PHI, Covered Entity will notify Business Associate of (i) any limitations in Covered Entity's notice of privacy practices that Covered Entity produces in accordance with 45 C.F.R. 164.520, as well as any changes to that notice, (ii) any changes in, or revocation of, permission by Individual to use or disclose PHI, and (iii) any restriction to the Use or Disclosure of Protected Health Information that Covered Entity has agreed to in accordance with 45 C.F.R. 164.522. b) Covered Entity will not request Business Associate to Use or Disclose PHI in any manner that would not be permissible under HIPAA or the HITECH Act or any regulations applicable to Covered Entity, if done by Covered Entity. B. PHI ACCESS, AMENDMENT AND DISCLOSURE ACCOUNTING 1. Access. Upon Covered Entity's request Business Associate will promptly make available to Covered Entity for inspection and obtaining copies any PHI about an Individual which Business Associate created or received for or from Covered Entity and that is in Business Associate's custody or control, so that Covered Entity may meet its access obligations pursuant to 45 C.F.R. 164.524 and, where applicable, the HITECH Act. 2. Amendment of PHI. Business Associate will, upon receipt of notice from Covered Entity, promptly amend or permit Covered Entity access to amend any portion of the PHI in a Designated Record Set which Business Associate created or received for or from Covered Entity so that Covered Entity may meet its obligations pursuant to 45 C.F.R. 164.526. Business Associate will not respond directly to an Individual's request for an amendment of their PHI. Business Associate will refer the Individual to Covered Entity so that Covered Entity can coordinate and prepare a timely response to the Individual. 3. Disclosure Accounting. Business Associate agrees to document such Disclosures of PHI and any information related to such Disclosures as would be required for Covered Entity to respond to a request by an Individual for an accounting of Disclosures of PHI by Business Associate in accordance with 45 C.F.R. § 164.528 and other applicable regulations. Upon request from Covered Entity, Business Associate will provide to Covered Entity Disclosure information that will contain the following: (i) the Disclosure date, (ii) the name and (if known) address of the person or entity to whom Business Associate made the Disclosure, (iii) a brief description of the PHI disclosed, and (iv) a brief statement of the purpose of the Disclosure (items i -iv, collectively, the "Disclosure information"). For repetitive Disclosures Business Associate makes to the same person or entity (including Covered Entity) for a single purpose, Business Associate may provide (x) the Disclosure information for the first of these repetitive Disclosures, (y) the frequency, periodicity or number of these repetitive Disclosures and (z) the date of the last of these repetitive Disclosures. The Disclosure information will be furnished in a time and manner reasonably designated by Covered Entity, but in no event will such submission occur later than at a time and date which will allow Covered Entity to respond within the time limit set forth in the applicable regulations, provided that Covered Entity will promptly notify Business Associate upon receipt by Covered Entity of any such request. 4. Restrictions on Use or Disclosure. Business Associate will comply with any agreement Covered Entity reasonably makes that, consistent with the Agreement, restricts Use or Disclosure of Covered Entity's PHI pursuant to 45 C.F.R. §164.522(a), provided that Covered Entity notifies Business Associate in writing of the restriction obligations. 5. Inspection of Books and Records. Business Associate will make its internal practices, books, and records relating to the Use and Disclosure of PHI received from Covered Entity (or created or 11 -399- received by Business Associate on behalf of Covered Entity) available to the Secretary of the United States Department of Health and Human Services, for purposes of determining Covered Entity's compliance with 45 C.F.R. Parts 160-164. Unless the Secretary directs otherwise, Business Associate will promptly notify Covered Entity of Business Associate's receipt of such request, so that Covered Entity can assist in compliance with that request. C. REPORTING BREACH OF PRIVACY AND SECURITY INCIDENTS. 1. Privacy Breach. Business Associate will report to Covered Entity any Use or Disclosure of Covered Entity's PHI not permitted by this Agreement or in writing by Covered Entity. In addition, Business Associate will report to Covered Entity any Breach of Unsecured PHI without unreasonable delay but in no event later than 30 days following Discovery of a Breach. Business Associate will cooperate with Covered Entity in investigating the Breach and in meeting Covered Entity's obligations under the HT -ITCH Act and any other security breach notification laws. Any such report will include: i) Nature of the non -permitted Use or Disclosure, including the date of the Breach and the date of Discovery of the Breach; ii) Covered Entity's PHI Used or Disclosed as part of the Breach; iii) Who was responsible for the Breach and who received the non -permitted Disclosure; iv) Corrective action taken or to be taken to prevent further non -permitted Uses or Disclosures; v) Efforts to mitigate any deleterious effect of the non -permitted Use or Disclosure; and vi) Such other information as Covered Entity may reasonably request. 2. Security Incidents. Business Associate will report to Covered Entity promptly any attempted or successful Security Incident affecting Covered Entity's Electronic PHI of which Business Associate becomes aware. To avoid unnecessary burden on either Party, Business Associate will only report attempted but unsuccessful Security Incidents which Business Associate becomes aware of in accordance with a schedule mutually acceptable to the Parties and provided that any reporting shall be made no more often than is reasonable based upon the relevant facts, circumstances and industry. D. TERM AND TERMINATION I . Term. This Agreement shall be effective as of the Effective Date and shall continue unless or until the Agreement is terminated in accordance with the provisions of Section 2 below, or the Underlying Agreement between the parties terminates. 2. Right to Terminate for Breach. Either Party may terminate this Agreement if the other Party ("breaching Party") has breached any material provision of this Agreement and, upon written notice from the non -breaching Party specifying the material breach, fails to cure the breach within 30 days after receipt of the notice. If the material breach is not cured within that period, the non -breaching Party may exercise the right to terminate this Agreement by providing the breaching Party written notice of termination. Any such termination will be effective immediately or at such other date specified in the non -breaching Party's notice of termination. If the non -breaching Party determines that termination of this Agreement is not feasible, the non -breaching Party may report such breach to the U.S. Department of Health and Human Services. 3. Obligations upon Termination. Upon termination, cancellation, expiration or other conclusion of this Agreement, Business Associate will if feasible return to Covered Entity or destroy all PHI, in whatever form or medium that Business Associate created or received for or from Company and still within Business Associates custody and control. Business Associate will complete such return or destruction as promptly as possible, but not later than 30 days after the effective date of the 12 -400- termination, cancellation, expiration or other conclusion of this Agreement. Business Associate will destroy all PHI in accordance with any guidance set forth by the Secretary of HHS and/or any other govemunent agency or other entity to whom HHS delegates such authority. Business Associate will identify any PHI that Business Associate created or received for or from Company that cannot feasibly be returned to Covered Entity or destroyed, and will limit its further Use or Disclosure of that PHI to those purposes that make return or destruction of that PHI infeasible and will otherwise continue to protect the security any PHI that is maintained pursuant to the security provisions of this Agreement for so long as the PHI is maintained. E. COMPLIANCE WITH STANDARD TRANSACTIONS If the Services Agreement specified that Business Associate is to conduct Standard Transactions for or on behalf of Covered Entity, Business Associate will comply, and will require any subcontractor or agent involved with the conduct of such Standard Transactions to comply, with each applicable requirement of 45 C.P.R. Part 162 for which HHS has established Standards. F. GENERAL PROVISIONS. 1. Agreement Amendment. To ensure compliance with changes in laws or regulations with respect to the security and privacy of PHI, the Parties agree to promptly amend the terms of this Agreement to conform to any applicable change in law or regulation issued by the U.S. Department of Health and Human Services. 2. Interpretation. Any ambiguity in this Agreement will be resolved to permit Covered Entity and Business Associate to comply with the Privacy and Security Rules. In the event of any inconsistency or conflict between this Agreement and any other agreement between the Parties, the terms, provisions and conditions of this Agreement will govem and control. 3. No Third Party Beneficiary. Nothing express or implied in this Agreement is intended to confer, nor will anything herein confer, upon any person other than the Parties and the permitted respective successors or assigns of the Parties, any rights, remedies, obligations, or liabilities whatsoever. 4. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the jurisdiction designated in the Services Agreement. IN WITNESS WHEREOF, the Parties have hereto by their duly authorized representatives executed this Agreement. Covered Entity Business Associate By:By: .. . Signature Signature Louis J. Schiavone, Jr. 1 Printed Name Printed Name Vice President, ACS Public Safety & Justice Title Title Approved as to form;_ / -2-0" L. Brian Narvaez Assistant City Attorney For City Attorney 13 —401— October 20, 2011 Date Date 14 -402- 24 AGENDA MEMORANDUM for the City Council Meeting of November 15, 2011 DATE: 11/15/2011 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb@cctexas.com 361-826-3169 Lease purchase of three (3) transfer trailers CAPTION: Motion approving the lease purchase of three (3) transfer trailers from Rush Truck Centers of Texas, Inc., of Houston, Texas in the amount of $228,819.00, of which $16,344.84 is required for FY2011-2012. The award is based on the cooperative purchasing agreement with the Houston -Galveston Area Council of Governments (H -GAC). The transfer trailers will be used by Solid Waste Operations. Funds for the lease purchase of the transfer trailers will be provided through the City's lease/financing program. BACKGROUND AND FINDINGS: The three (3) transfer trailers will be used by Solid Waste Operations to transfer waste deposited at the transfer station to the Cefe Valenzuela Landfill for final disposal. One (1) unit is replacement of a damaged trailer and two (2) are additions to the fleet. Currently, the City utilizes five (5) transfer trailers for daily operations. The damaged unit will be taken out of service and sold at public auction, while the two (2) additional units provide an upgrade to an aging fleet. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: The transfer trailers will be funded for a sixty -month period with an estimated interest rate of 2.75%. The actual interest rate will be determined after acceptance of the trailers. The estimated annual payment is $49,034.52. Total estimated cost over the sixty -month period, including principal of $228,819.00 and interest of $16,353.60, is $245,172.60 CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY 1 NON -EMERGENCY: Not applicable. -405- DEPARTMENTAL CLEARANCES: Solid Waste Operations FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011-2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $488,941.08 $228,827.76 _ $717,768.84 Encumbered / Expended Amount 334,270.32 0.00 334,270.32 This item 16,344.84 228,827.76 245,172.60 BALANCE $138,325.92 0.00 $138,325.92 Fund(s): General Fund Comments: Lease payments are expected to commence on or about April 1, 2012. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Pricing sheet attached. Approvals: Brian Narvaez, 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 —406— PRICING SHEET: BI -0041-12 LEASE PURCHASE OF TRANSFER TRAILERS CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: SAVANNAH CRUZ COUNCIL DATE: DECEMBER 13, 2011 Description Qty. Unit Rush Truck Centers of Texas, Inc. Houston, TX Unit Extended Price Price Warren "Push Out" Transfer Trailer TOTAL: 3 each $ 76,273.00 $228,819.00 $228,819.00 25 AGENDA MEMORANDUM for the City Council Meeting of November 15, 2011 DATE: 11/15/2011 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb@cctexas.com 361-826-3169 Award of a supply agreement: Hot Tap Fittings (Bid Invitation No. BI -0016-12) CAPTION: RECOMMENDATION: Motion approving a supply agreement with TDW Services, Inc., Pasadena, TX, for hot tap fittings in accordance with Bid Invitation No. BI -0016-12 based on low bid for an estimated annual expenditure of $65,738.50 of which $43,825.67 is required for FY11/12. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Gas Department in FY 11/12. BACKGROUND AND FINDINGS: The fittings are used to tap into existing pressurized natural gas lines to block off a section of line in need of repair or to add an additional line for a new gas service. The options to extend the previous contract were exhausted. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: The bid submitted by TDW Services, Inc., meets all of the City's bid requirements and also is the lowest price received. CONFORMITY TO CITY POLICY: This supply agreement conforms to all City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Gas Department FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011-2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $338,630.60 $21,912.83 $360,543.43 Encumbered / Expended Amount 137,697.24 0.00 137,697.24 This item 43,825.67 21, 912.83 65,738.50 BALANCE $157,107.69 0.00 $157,107.69 Fund(s): Gas Construction Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid tabulation attached. Approvals: Brian Narvaez, 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 CITY OF CORPUS CHRISTI SENIOR BUYER: ELISA COVINGTON DATE 11/15/11 ITEM DESCRIPTION QTY UNIT 1.0 Control Fittings 1.1 Control Fitting - 2" 1.2 Control Fitting - 4" 1.3 Control Fitting - 6" 1.4 Control Fitting - 8" 2.0 Three Way Stopple Tee Fittings 2.1 Three Way Stopple - 2" 2.2 Three Way Stopple - 4" 2.3 Three Way Stopple - 6" 2.4 Three Way Stopple - 8" PURCHASING DIVISION BID TABULATION BID INVITATION NO. BI -0016-12 TOW SERVICES, INC. PASENDA, TX UNIT TOTAL PRICE PRICE M.T. DEASON COMPANY, INC. BIRMINGHAM, AL UNIT TOTAL PRICE PRICE EGW UTILITIES, INC. CARROLLTON, TX UNIT TOTAL PRICE PRICE 200 each $30.79 $6,158.00 $33.13 $6,626.00 40 each 207.21 8,288.40 267.67 10,706.80 15 each 371.10 5,566.50 428.45 6,426.75 10 each 547.71 5.477.10 855.86 8,558.60 180 each 62.05 11,169.00 82.56 14,860.80 40 each 319.00 12 760.00 365.75 14,630.00 15 each 516.42 7,746.30 705.38 10,580.70 10 each 857.32 8,573.20 1,254.00 12,540.00 TOTAL: $6_2513M8. $84,929.65 $34.79 $6,958.00 281.16 11,246.40 449.87 6,748.05 898.65 8,986.50 86.69 15,604.20 384.04 15,361.60 740.65 11,109.75 1,316.70 13,167.00 $89,181.50 26 AGENDA MEMORANDUM for the City Council Meeting of November 15, 2011 DATE: 11/15/2011 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Service mikeb@cctexas.com 361-826-3169 Lease purchase of two (2) ambulances CAPTION: RECOMMENDATION: Motion approving the lease purchase of two (2) ambulances from Knapp, Chevrolet, of Houston, Texas in the amount of $270,000 of which $19,286.44 is required for FYI 1/12. The award is based on the cooperative purchasing agreement with the Houston -Galveston Area Council of Governments (H -GAC). The ambulances will be used by the EMS Division of the Fire Department. Funds for the lease purchase of the ambulances will be provided through the city's lease/financing program. BACKGROUND AND FINDINGS: The two (2) ambulances will be used by the EMS Division of the Fire Department for emergency medical response services. These units are replacements to the fleet. Currently, the City operates nine frontline ambulances and five reserve units. These new units will replace two existing frontline ambulances which will be placed in reserve status. Two of the existing reserve units will be taken out of service and sold at public auction or transferred to another public agency. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: The ambulances will be funded for a sixty -month period with an estimated interest rate of 2.75%. The actual interest rate will be determined after acceptance of the ambulances. The estimated annual payment is $57,859.32. Total estimated cost over the sixty -month period, including principal of $270,000 and interest of $19,296.60, is $289,296.60 CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY 1 NON -EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Fire Department -417- FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011-2012 Project to Date Expenditures (GIP only) Current Year Future Years TOTALS Line Item Budget $200,496.60 270,010.16 $470,506.76 - Encumbered / Expended Amount 171,121.17 0.00 171,121.17 This item 19,286.44 270,010.16 289,296.60 BALANCE $ 10,088.99 0.00 $ 10,088.99 und(s): General Fund Comments: Lease payments are expected to commence on or about April 1, 2012. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price sheet attached. Approvals: Brian Narvaez, 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 PRICE SHEET - HGAC CONTRACT NO. AM04-10 LEASE PURCHASE OF AMBULANCES CITY OF CORPUS CHRISTI PURCHASING DIVISION SENIOR BUYER: ELISA COVINGTON COUNCIL DATE: NOVEMBER 15, 2011 Description Qty. Unit KNAPP CHEVROLET HOUSTON, TX Unit Extended Price Price 2012 Frazer Type i, Ambulance, C3500 6.0 liter gas engine with air suspension package. TOTAL: 2 -419- each $ 135,000.00 $270,000.00 $270,000.00 27 TO: AGENDA MEMORANDUM for the City Council Meeting of November 15, 2011 11352DATE: 11/15/2011 Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb@cctexas.com 361-826-3169 Purchase of specialized equipment (Bid Invitation No. BI -0034-12) CAPTION: RECOMMENDATION: Motion authorizing the purchase of specialized equipment for a total amount of $106,740.14 utilizing funds from the 2009 and 2010 Homeland Security Grant awarded to the City of Corpus Christi and budgeted in the Fire Grant Fund 1062. BACKGROUND AND FINDINGS: On November 10, 2009 and November 16, 2010 the City Council approved to accept two grants from the Texas Department of Public Safety, Division of Emergency Management, Office of the Governor, to carry out designated homeland security activities as part of the 2009 and 2010 Homeland Security Grant Program. The funds are provided for projects to enable communities to better prepare for and respond to terrorist incidents. A need analysis has been conducted and specialized equipment has been identified. A bid has been secured for the specialized equipment totaling $106,740.14. The purchase of this specialized equipment requires Council approval due to the associated dollar amount. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: In order that the City comply with the State Purchasing Act and City ordinances relating to purchases, adoption of the motion is necessary in order to move forward with the proposed purchase. EMERGENCY 1 NON -EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Fire Department FINANCIAL IMPACT: Fiscal Year: 2011-2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $0.00 $324,249.85 $0.00 $324,249.85 Encumbered / Expended Amount $0.00 0.00 $0.00 $0.00 This item $0.00 $106,740.14 $0.00 $106,740.14 BALANCE $0.00 $217,509.71 $0.00 $217,509.71 Fund(s): Fire Grant Fund 1062 Comments: The cost of the equipment is $106,740.14. The HSGP 09-12 SHSP- LEAP organization has $132,135.85 allocated and the HSGP 10-12 SHSP- LETPA organization has $192,114.00 allocated in for the Homeland Security Grant Program. The HSGP 09-12 SHSP- LEAP project must be complete and submitted to the State for reimbursement by April 15, 2012 and the HSGP 10-12 SHSP- LETPA project must be complete and submitted to the State by July 31, 2012. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST .OF SUPPORTING DOCUMENTS: Not applicable. Approvals: Brian Narvaez, 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 —424— 28 AGENDA MEMORANDUM for the City Council Meeting of November 15, 2011 DATE: 10/18/2011 TO: Ronald L. Olson, City Manager FROM: D. Troy Riggs Chief of Police Accepting a grant from the Target Corporation and appropriating funds CAPTION: A. Motion authorizing the City Manager or his designee to accept funding in the amount of $1,700 from the Target Corporation for the purchase of equipment to assist the Repeat Offender Program for the Police Department. B. Ordinance appropriating $1,700 in the General Fund No: 1020 from a grant from the Target Corporation for the purchase of equipment to assist the Repeat Offender Program for the Police Department; changing the FY 2011-2012 Operating Budget adopted by Ordinance No. 029155 by increasing revenue and expenditures in the General Fund No. 1020 by $1,700 each; and declaring an emergency. BACKGROUND AND FINDINGS: The Police Department has been awarded a law enforcement grant from Target in the amount of $1,700 for the purchase of a wireless camera, recorder, and supplies to assist the Repeat Offender Program. The program focuses on the small number of offenders who are committing the vast majority of property related crimes. The camera will be used for surveillance, recording crime scenes, documenting search warrants, and recording interviews/interrogations in locations outside the Police Department. The recorder will be used to record from the wireless camera. 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 —427— Fiscal Year: 2011-2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount J This item $1,700 $1,700 BALANCE $1.700 $1.700 und(s): Police General Fund Comments:Click here to cater text. RECOMMENDATION: Staff recommends acceptance of the grant and appropriation of funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Deposit slip 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 —428— CITY OF CORPUS CHRISTI CASH RECEIPT REPORT: Processed hike Dept: Tarepared/Reviewed by Date: / 142309 Ext: 4 to 13 Bank Bag #: 073A830 * PAY• CODE ACCOUNT FUND ORG. PROJECT/ GRANT BUDGET YEAR AMOUNT REMARKS 91 5 '13970 L O_2Q 117 z - J1 WOW) Tave l• - CASH VERIFICATION COUNT CURRENCY S l OOs $ 50s $20s $ lOs 5 5s $ Is AMOUNT COIN . 50.50 50.25 50.10 50.05 50.01 CASH SUBTOTAL CHECK TOTAL (include tape) SUBTOTAL CREDIT CARD (include tape) GRAND TOTAL * If you have inserted a 2 -digit Payment Code in the first column, leave the remaining columns blank. If you have not inserted a Payment Code in the first column, you must complete the remaining columns. (Le., Account, Fund, Org., Project/Grant, Budget Year, Amount, and Remarks. WHITE/YELLOW — CENTRAL CASHIERING PINK — DEPARTMENT COPY GREEN — PERMANENT FILE COPY Revised 11/01/99 —429— $ 4302__ DO $ 000 700.00 $ $ -.1.4a2S0 ORDINANCE APPROPRIATING $1,700 IN THE GENERAL FUND NO. 1020 FROM A GRANT FROM THE TARGET CORPORATION FOR THE PURCHASE OF EQUIPMENT TO ASSIST THE REPEAT OFFENDER PROGRAM FOR THE POLICE DEPARTMENT; CHANGING THE FY 2011-2012 OPERATING BUDGET ADOPTED BY ORDINANCE NO, 029155 BY INCREASING REVENUE AND EXPENDITURES IN THE GENERAL FUND NO. 1020 BY $1,700 EACH; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $1,700 is appropriated in the General Fund No. 1020 from a Grant from the Target Corporation for the purchase of equipment to assist the Repeat Offender Program for the Police Department; changing the FY 2011-2012 Operating Budget adopted by Ordinance No. 029155 by increasing revenue and expenditures in the General Fund No. 1020 by $1,700 each; 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 November 2011. ATTEST: THE CITY OF CORPUS, CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form: October 19, 2011 T. Tr Dang Assistant City Attorney For City Attorney Corpus Christi, Texas day of ,2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott David Loeb 29 City of Corpus Christi AGENDA MEMORANDUM for the City Council Meeting of November 8, 2011 DATE: October 17, 2011 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director /(- Cc. (9r� r. MichaelMo a{�,cctexas.com 361-826-3464 Lease agreement with Festival of the Arts for the Merriman Bobys House at Heritage Park PURPOSE: A. Ordinance authorizing the City Manager or designee to execute a lease with Festival of the Arts for the Merriman Bobys House in Heritage Park for one year term with an option to renew annually for two years with rent of $600 per month; and declaring an emergency. B. Ordinance appropriating $4,800 of anticipated rental income, from the lease of the Merriman Bobys House in Heritage Park to the Festival of the Arts, 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 $4,800 each; and declaring an emergency. BACKGROUND AND FINDINGS: The Merriman Bobys House has been vacant since 2009. Heritage Park provides non-profit and civic organizations the opportunity to lease available historic houses. ALTERNATIVES: Allow Merriman Bobys House to continue 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. This lease would provide additional monthly rental revenue of $600 for 8 months. ❑ Not Applicable o Operating Expense Q Revenue ❑ C1P Fiscal Year: 2011-2012 Project to date exp (CIP Only) Current Year Future Year TOTALS Budget Encumbered/Expended Amt. This item $4,800 $7,200 $12,000* Balance: *The revenue for the lease will budgeted for each future fiscal year included in the lease agreement. —435— 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 LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND FESTIVAL OF THE ARTS 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 or "Lessor"), acting through its duly authorized City Manager, or his designee ("City Manager"), and the Festival of the Arts ("Lessee"). WHEREAS, the City owns the Merriman-Bobys House located in Heritage Park at 1521 North Chaparral Street, Lots 5 and 6, 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 Festival of the Arts, Inc, 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) Lease means this lease document, including all attached and incorporated exhibits. (F) Lessee means Festival of the Arts, Inc. (G) Parks means the City's Park and Recreation Department. Premises means Lots 5 and 6, Block 61, Beach Portion, Corpus Christi, Nueces County, commonly known as the Merriman-Bobys House, located at 1521 North Chaparral Street, in the City. Risk Manager means the City's Director of Risk Management or the Director of Risk Management's designee. 2 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 one year term beginning December 1, 2011, effective upon final City Council approval, unless sooner terminated as set out herein. This lease may be renewed for up to two additional one year terms upon written agreement of the Director and the Lessee Executive Director, at the same terms and conditions set forth herein. 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. 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, six 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 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 service shall be the responsibility of Parks under the City's present Heritage Park maintenance program. 4 (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. Chapter 93 of the Texas Property Code govems 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. 5 Section 11. Maintenance. (A) The City will maintain the exterior of the Premises and adjacent park grounds, including buildings and public parking Tots in the vicinity of the Premises, subject to sufficient annual budget appropriations. The City shall be responsible for repairs to the exterior of the Premises 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. All of City's repair or maintenance obligations set forth in this agreement are subject to sufficient annual budget appropriations for such purpose. (B) The Gity 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, Gity 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. 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 6 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. (C) Lessee grants to Parks the right to continue to conduct free public tours through the Premises. 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. (B) 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. (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 7 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, displays and exhibits, 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 Ilabillty, 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 and Lessee's invitees 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 invitees 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, invitees, employees, agents, or representatives or of indemnitees, or any of them, pertaining to this Lease, regardless of whether the injury, damage, loss, violation, exercise of rights, act or omission is caused or is claimed to be caused by the contributing or concurrent negligence of Indemnitees, or any of them, but not if caused by the sole negligence of Indemnitees, or any of them, unmixed with the fault of any other person or entity and including all expenses of litigation, court costs, and attorneys' fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. 8 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. 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. (B) 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) 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. Lessee is 9 allowed to permit use of the Premises by artists for fee to be established by Lessee; however, any users permitted by the Lessee are the responsibility of Lessee to indemnify and insure in compliance with Sections 18 and 19 of this Agreement. Section 22. Default. (A) The following constitute Events of Default under this Lease: (1) 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: (1) 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. O. Box 9277 Corpus Christi, Texas 78469-9277 Attn: Director of Park and Recreation IF TO LESSEE: Festival of the Arts Attn: 0-o1 l'tt -Po -5o c (ori ri o Corpus Christi, Texas 7'c, (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. 10 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. ar 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. 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. 11 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 Iaw, 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 shalt 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 Iaw 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 Iaw 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. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Ronald L Olson City Secretary City Manager APPROVED AS TO LEGAL FORM this 5 day of Dc -1- , 2011. By: `? Usa Aguilar k Assistant City Attorney for City Attorney LESSEE: FESTIVAL OF THE ARTS By: • ,1 Name: 0 die, I-ARV/TOIt Title: r Presi ale n Date: /Opt? )a-011 12 13 INSURANCE REQUIREMENTS I. 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. B. 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 3D 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 $1,040,000 COMBINED SINGLE LIMIT Property Coverage Lessee will be responsible for any and all damage to equipment used regardless if owned, rented, leased or borrowed, and also for any and all damage to displays and exhibits. 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 14 C. In the event of accidents of any kind arising at the Premises or arising from this Lease, Lessee must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. 11. ADDITIONAL REQUIREMENT 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. 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 78489-9277 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 15 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; • 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. �. 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 agreement. 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. 1. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Ordinance authorizing the City Manager or designee to execute a lease with Festival of the Arts for the Merriman Bobys House in Heritage Park for one year term with an option to renew annually for two years with rent of $600 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 Festival of the Arts for the Merriman Bobys House in Heritage Park for one year term with an option to renew annually for two years with rent of $600 per month. 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 Joe Adame City Secretary Mayor Legal form approved October 18, 2011 By: rem Lisa Aguilar, As `+cant City Attorney for City Attorney Corpus Christi, Texas Day of ,2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor .... _ . Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott Ordinance appropriating $4,800 of anticipated rental income, from the lease of the Merriman Bobys House in Heritage Park to the Festival of the Arts, in the No. 4710 Visitor's Facility Fund for the maintenance of Heritage Park facilities; changing the FY2011-2012 Operating Budget adopted July 26, 2011 by Ordinance No. 029155, by increasing revenues and expenditures by $4,800 each; and declaring an emergency. Be it ordained by the City Council of the City of Corpus Christi Texas: SECTION 1. That $4,800 of anticipated rental income is appropriated from the lease of the Merriman Bobys House in Heritage Park to the Festival of the Arts, in the No. 4710 Visitor's Facility Fund for the maintenance of Heritage park facilities. SECTION 2. That the FY 2011-2012 Operating Budget adopted by Ordinance No. 029155 is changed by increasing revenues and expenditures by $4,800 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 , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Approved: October 18,, 2011 Lisa Aguilar, A s istant City Attorney for the City Attorney Joe Adame, Mayor Corpus Christi, Texas Day of , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott 30 City of Corpus Christi AGENDA MEMORANDUM for the City Council Meeting of November 8, 2011 DATE: TO: FROM: October 17, 2011 Ronald L. Olson, City Manager Michael Morris, Director `-min MichaelMo(cctexas.com 361-826-3464 Appropriate the Elderly Nutrition Program (ENP) grant final installment for FY11 PURPOSE: A. Resolution authorizing the City Manager or designee to execute all documents necessary to accept a $637,137 grant awarded by the Area Agency on Aging of the Coastal Bend for the final federal installment of FY 2011 funding for the Senior Community Services, Elderly Nutrition Program. B. Ordinance appropriating a $637,137 grant from the Area Agency on Aging of the Coastal Bend in the No. 1067 Parks and Recreation grants fund for the FY 2011 Senior Community Services, Elderly Nutrition Program; and declaring an emergency. BACKGROUND AND FINDINGS: The Elderly Nutrition Program (ENP) grant is made available through the Area Agency on Aging of the Coastal Bend and provides funding for the continuation of the Senior Community Services, Elderly Nutrition Program. The fund authorization period is effective October 1, 2010 through September 30, 2011. The Area Agency on Aging of the Coastal Bend is issuing a grant in the amount of $637,137 in Federal funds to the City of Corpus Christi for the continuation of the Senior Community Services, Elderly Nutrition Program from October 1, 2010 through September 30, 2011. This grant represents the final funding award for a total of $765,230 for FY11. The first installment of $128,093 was approved by Council on January 11, 2011. This grant requires a minimum of 10% City matching funds, or $76,523. The match is met through the salaries of 2-3 City Senior Center staff directly involved in meal service two hours per day at each of the eight Senior Centers. Locally, these projects include the Elderly Nutrition Program (Congregate and Home Delivered Meals), Title XX Meals on Wheels and Benefits Counseling. The Benefits Counseling service is a component of the Health Information Counseling & Advocacy Program of Texas (HICAP). The Elderly Nutrition Program coordinates the congregate and home delivered meals operations to provide a fully prepared, well-balanced noon meal to senior center members and homebound and/or disabled persons throughout the City. The meals are prepared at the Nutrition Education and Service Center located on the Del Mar College West Campus. We project to serve 103,516 congregate meals; 106,698 home delivered meals; 52,879 Title XX Meals on Wheels and 375 hours of Benefits Counseling service units during fiscal year October 2010 through September 2011. ALTERNATIVES: Eliminate the Elderly Nutrition Program services. Page 2 of 2 OTHER CONSIDERATIONS: N/A FINANCIAL IMPACT: This grant requires a minimum of 10% City matching funds, which were appropriated as part of the FY 11 City budget. o Not Applicable I Operating Expense o Revenue ❑ CIP Fiscal Year: 2010-2011 Project to date exp (CIP Only} Current Year Future Years TOTALS Budget (match from General Fund 1020) $63,714 $63,714 This item (final installment for grant year to 9/30/11) $637,137 NA $637,137 Balance: Note: The first installment of $128,093 was already approved and appropriated in January 2011. The total grant for 2010-2011 is $765,230. RECOMMENDATION: Staff recommends approval to accept the final FY11 grant award. CONFORMITY TO CITY POLICY: City Council must authorize the City Manager to execute a contract or agreement to receive grant funds. EMERGENCY / NONEMERGENCY: Emergency. DEPARTMENTAL CLEARANCES: Parks and Recreation, Finance. LIST OF SUPPORTING DOCUMENTS: Attachment — Notification of FY '11 Funds Available — NFA #2. Approvals: 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 !Area Agency on Aging Df THE CCASTAk BEND A Program of the Coastal Bend Council of Governments Funded by the Texas Department of Aging and Disability Services Memorandum To: Title III Older Americans Act Subcontractors From: Betty Lamb Date: August 15, 2011 Re: Notification of FY11 Funds Available - NFA #2 The enclosed award represents the balance of total allocation of funds for FY11 made available to the Coastal Bend by the Texas Department of Aging and Disability Services (DADS) for Older Americans Act Services. The award period for these funds is through September 30, 2011 and represents your final award for FY11. Please refer to my email dated 9-1-11 for updated meals and one-way trips that correspond to your final award, as well as any requested transfers. Should you have any questions, please call the office or email your inquiry. LOCATION: 2910 LEOPARD STREET; CORPUS CHIRST!, TEXAS 78408 MAILING: POST OFFICE BOX 9909; CORPUS CHIRSTI, TEXAS 78469 C: Old 0 DIi4.16aevm. 10Ad.tie/BsilyINFA MFY701111kFf71Fl.ne,6-1671 -461- PHONE: (361) 883-3935 TOLL FREE: 1-800-817-5743 FAX: (361) 883-5749 www.aaacoastalbend.org NOTIFICATION OF FUNDS AVAILABLE AREA AGENCY ON AGING OF THE COASTAL BEND Physical: 2910 LEOPARD STREET: CORPUS CHRISTI, TEXAS 78408 Mailing: POST OFFICE BOX 9909; CORPUS CHRISTI, TEXAS 78469 SUBCONTRACTOR: DATE: August 15, 2011 Ms. Elsa Munoz City of Corpus Christi Senior Community Services Post Office Box 9277 Corpus Christi, Texas 78469 CONTRACT PERIOD:' Oct, 1, 2010 - Sept. 30, 2011 CONTRACT NUMBERS: M3-1148-4 AWARD ISSUANCE NUMBER: 2 This Notification of Funds Available is issued as an addendum to your contract with the Coastal Bend Council of Governments - Area Agency on Aging for the period October 1, .2010 through September 30, 2011. The funds awarded under this addendum are for the above perioin the amount(s) shown below. It is understood and agreed by the Subcontractor that any payment thereunder, shall be for services provided in accordance with all requirements set forth in the referenced contract. The Subcontractor certifies upon request for any funds awarded under this addendum that the Subcontractor is not debarred, proposed for debarment, suspended, ineligible, or voluntarily excluded from participation in this contract by any federal department or agency or by the State of Texas. PROGRAM MEALS I11C115GRINSIP HOME DELIVERED MEALS 1IIC21SGR/NSIP SUPPORTIVE SERVICES IIIB TOTAL AWARD FY11 Prior Contract Award $ 64,127 $ 60,022 $ 3,944 $128,093 FY11 Title III Award this Action (1) $242,515 $218,243 $ 12,089 FY11 NSIP Award this Action (2) $ 81,100 $ 83,190 $ -0 $1 64,290 FY11 Cumulative Award $387,742 $361,455 $ 16,033 $765,230 (1) This award represents the balance of total funding for FY11 based on funds awarded to CBCOG- AAA through June 2, 2011. John P. Buckner, Executive Director Coastal Bend Council of Governments -462- cc: City of Corpus Christi, Grants Dept. Attn To: Ms. Emily Gonzales Post Office Box 9277 Corpus Christi, Texas 78469 O.\Old 0•C,iy.SG,0 enl.IAdminlEbot,SHFAWYEd111HFAE1C010C-HFAE,.6.10-11.11. Resolution authorizing the City Manager or designee to execute all documents necessary to accept a $637,137 grant awarded by the Area Agency on Aging of the Coastal Bend for the final federal installment of FY 2011 funding for the Senior Community Services, Elderly Nutrition Program. Be it resolved by the City Council of the City of Corpus Christi, Texas, that: SECTION 1. The City Manager or City Manager's designee is authorized to execute all documents necessary to accept a $637,137 grant awarded by the Area Agency on Aging of the Coastal Bend for the final federal installment of FY 2011 funding for the Senior Community Services, Elderly Nutrition Program. INTRODUCED AND PASSED by the City Council of the City of Corpus Christi, Texas, on the day of , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: October 18, 2011 Lisa Aguilar (ssistar1t City Attorney for the City Attorney J:ILISA12011 ResolutionlArea Agency on Aging Resolution.doc —463— 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 Page 1 of 1 Ordinance appropriating a $637,137 grant from the Area Agency on Aging of the Coastal Bend in the No. 1067 Parks and Recreation Grants Fund for the FY 2011 Senior Community Services, Elderly Nutrition Program; and declaring an emergency. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That a grant in the amount of $637,137 from the Area Agency on Aging of the Coastal Bend is appropriated in the No. 1067 Parks and Recreation Grants Fund for the Senior Community Services, Elderly Nutrition Program. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: October 18, 2011 Lisa AguilAssistant City Attorney for the City Attorney Corpus Christi, Texas Day of , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott 31 AGENDA MEMORANDUM for the City Council Meeting of November 8, 2011 DATE: TO: FROM: October 17, 2011 Ronald L. Olson, City Manager Michael Morris, Director MichaelMoccctexas.com 361-826-3464 /1,t Q 07 Appropriate Retired Senior Volunteer Program (RSVP) State grant award for 2012 CAPTION: A. Resolution authorizing the City Manager or designee to execute all documents necessary to accept a $21,671 grant awarded by the Corporation for National and Community Service for Retired and Senior Volunteer Program (RSVP). B. Ordinance appropriating a $21,671 grant from the Corporation for National and Community Service in the No.1067 Parks and Recreation grants fund for the Retired and Senior Volunteer Program; and declaring an emergency. BACKGROUND AND FINDINGS: Retired and Senior Volunteer Program (RSVP) has proven to be exceptionally beneficial to both senior citizens and various public and private agencies in Corpus Christi. RSVP volunteers are individuals 55 years or older who utilize their talents and experience to serve the needs of the community. During the last grant period (911/2010-813112011) and fiscal year 2010-2011, 574 enrolled volunteers contributed 62,000 hours through 44 different non-profit organizations like the Muscular Dystrophy Association, KEDT TV, South Texas Botanical Gardens, Corpus Christi Metro Ministries, and other community based organizations like Driscoll Children's Hospital, Corpus Christi Medical Center, USS Lexington, and AARP Chapters, to name a few. FY 2010-2011, over 300 RSVP volunteers dedicated approximately 36,000 service hours to City departments including the Police Department where volunteers support Special Services, Training, Criminal Investigation and Family Violence Unit. Other departments and divisions include: Program Services Division, Senior Community Services, Museum of Science and History, and Corpus Christi International Airport. Through these departments, volunteers engage in special projects, community outreach projects, support serving congregate meals, serve as tour guides and ambassadors, and assist in clerical and administrative duties. ALTERNATIVES: Do not accept grant and discontinue RSVP program. OTHER CONSIDERATIONS: General Fund match budgeted for FY12 ($95,101) CONFORMITY TO CITY POLICY: Appropriation of funds require City Council approval. EMERGENCY 1 NON -EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Accounting; Budget -469- FINANCIAL IMPACT: ❑ Not Applicable X Operating Expense El Revenue ❑ CIP Fiscal Year: 2011-2012 Project to Date Expenditures (CIP) Current Year Future Years TOTALS Budget (Gen Fd 1020) $95,101 $95,101 Encumbered / Expended Amount This item $21,671 $21,671 BALANCE $116,772 $116,772 RECOMMENDATION: Staff recommends approval of to accept grant award. LIST OF SUPPORTING DOCUMENTS: Notice of Funding Award 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 Notice of Grant Award Retired and Senior Volunteer Program Grantee For Official Use Only Corporation for National and Community Service 601 Walnut Street, Suite 76 E Philadelphia, PA 19106-3323 City of Coons Christi 1201 Leopard PO Box .277 Corpus Christi TX 78469-9277 Award information EIN: 746000574 Agreement No.: 11RZWTX017. Project Period: Amendment No.: 0 Budget Period: CpDANo..7, 94.002 Award bescription Provide TD.ADS 'funding. Purpose_ 09/91/2011- 08131/2013 09/01 /2011 - 08/3112012 The purpose of this award is to assist the grantee in carrying (sat a national service program as authorized by the Domestic Volunteer Service Act of 19'73, as amended (42 1.1.S,C., Chapter 22) using money appropriated by the State of Texas. 'Funding Information Provittusly This Award, Tatt!,1 Cuttant Ctin-erit "feat- AWatsietl Amandtros_nt • it -sat This rear: Rag Obligated byriNICS, $0 Grantees unotz1444R so 50 Btilante (Cairyttvet) Total Available 121,671 DurnOletbre Funding for Project Period Total AWarcied in Previa* Years Total CNCS. Fund§ ANvatiled to Date $21,671 t..21,67t 10 Funding source. and Amount 201.3.—ortpzo,too,-61413-410t. 521,671.0.0 Special OnditiOns Costs aitoiFiod uoder tliis grant are iirnitcd to those categories containedirk- signed application package dated 8/2/Ii. The grantee shall be entitled to rehnbutsement for costs incorredon or after September 1, 2011 which if incurred before the signature date of this award, would have been reimbursed under the terms of this gram, Terms of AcOePtanee: BY:accepting funds under this grant, the Grantee agrees to comply with ell terms and conditions of the grant that are on the porporation's https://egrarits.Ons,:gov/ternlaandttonditionstRSVPTandC Revised20;101001.pdf, all assurances and certifications made in the Grant application, and ail applicable federal statutes, regulations and.gvidelhes. The Grantee agrees to administer the funded Program in accordance:with the approved Grant appiication and Ipudget(s), supporting documents, and other representation§ made insupport of the approved Grant application Corporation for Nstional and Community Service: .Page For Oiltieltd Use —471— Bar Official Use Only Notice of Grant Award Retired and Senior Volunteer program Grantee 601 Walnut Street, Suite 876 E Philadelphia, PA 19106-3323 City of Corpus Christi 1201 Leopard. PO Box 9277 Corpus Christi'iX 78469-9277 Corporation for National and Community Service: 09129t2011 Signature bate EIN,746000574 Lament B_ White, 215-964-6309 Grants Official LeRoy Minor, (512) 916-5671 Lennette B. White Program Official Name (typed) Senior Grants Officer Title Page 2 For Official Use Only -472- Resolution authorizing the City Manager or designee to execute all documents necessary to accept a $21,671 grant awarded by the Corporation for National and Community Service for the Retired and Senior Volunteer Program (RSVP). Be ft resolved by the City Council of the City of Corpus Christi, Texas, that: SECTION 1. The City Manager or City Manager's designee is authorized to execute all documents necessary to accept a $21,671 grant awarded by the Corporation for National and Community Service for the Retired Senior Volunteer Program. INTRODUCED AND PASSED by the City Council of the City of Corpus Christi, Texas, on the day of , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: October 18, 2011 Lisa Aguila_,/Assistant City Attorney for the City Attorney J:ILISA12011 Resolution\RSVP Resolution.doc Corpus Christi, Texas of , 2011 The above resolution was passed by the following. vote: Joe Ademe_ Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott Ordinance appropriating a $21,671 grant from the Corporation for National and Community Service in the No. 1067 Parks and Recreation Grants Fund for the Retired and Senior Volunteer Program; and declaring an emergency. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That a grant in the amount of $21,671 from the Corporation for National and Community Service is appropriated in the No. 1067 Parks and Recreation Grants Fund for the Retired and Senior Volunteer Program. Section 2. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: November 3, 2011 By: f Lisa Aguilar, Ass'stant City Attorney for the City Attorney Corpus Christi, Texas Day of , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott 32 AGENDA MEMORANDUM for the City Council Meeting of November 8, 2011 DATE: 10/12/2011 TO: Ronald L. Olson, City Manager FROM: Rick Stryker, Museum Director ricks@cctexas.com (361) 826-4660 Funding agreement between the City of Corpus Christi and the Friends of the Corpus Christi Museum of Science and History to support the continued employment of the Museum Archeologist through completion of the Lower Nueces Valley Project. Ordinance aaDropriatina the Friends contribution. CAPTION: a) Motion authorizing the City Manager or designee to execute a Funding Agreement with the Friends of the Corpus Christi Museum of Science and History allowing them to reimburse the cost of salary for the Museum Archeologist for a period of two years. Funding agreement between the City of Corpus Christi and the Friends of the Corpus Christi Museum of Science and History to support the continued employment of the Museum Archeologist through completion of the Lower Nueces Valley Project. b) Ordinance appropriating $47,760 from the Friends of the Corpus Christi Museum of Science and History into the No. 1020 General Fund for funding of an archeologist position in FY 2011-2012; and changing the FY 2011-2012 Operating Budget adopted by Ordinance No. 029155 to increase revenues and expenditures by $47,760 each. BACKGROUND AND FINDINGS: City funding of the Museum Archeologist position was eliminated from the FY 2012 budget. The field work along the Lower Nueces River near Old San Patricio researching the habitation patterns for prehistoric Native Americans was completed in 2010 after 10 years effort. The Friends will contribute funding to support the Museum Archeologist salary ($47,760 annually) for two years. This will allow time to complete the analysis of the collection and other data and put it in form to be published. The City will match the Friends contribution by funding the cost of benefits for the position for two years at the rate of $10,702 annually for two years. ALTERNATIVES: The Council could choose not to approve this item, but the project will cease prior to completion. CONFORMITY TO CITY POLICY: City policy requires that Council approve Funding Agreements. EMERGENCY / NON -EMERGENCY: This is not an emergency. DEPARTMENTAL CLEARANCES: The Museum Advisory Committee supports this Agreement. -479- FINANCIAL IMPACT: Operating Expense / Revenue Fiscal Year: 2011-2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $10,702 $10,702 $21,404 Encumbered / Expended Amount This item $47,760 $47,760 $95,520 TOTAL $58,462 $58,462 $116,924 und(s}: Fund 1020 General Fund Comments: The Friends of the Museum will reimburse the City for the cost of salary ($47,760 annually) while the City will fund the cost for benefits ($10,702 annually). RECOMMENDATION: It is recommended that this Funding Agreement and Ordinance be approved. LIST OF SUPPORTING DOCUMENTS: Funding Agreement and Ordinance Approvals: Brian Narvaez, 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 —480— FUNDING AGREEMENT THIS FUNDING AGREEMENT (this "Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation (the "City") and Friends of the Corpus Christi Museum of Science and History, a Texas nonprofit corporation ("Friends") and shall be effective as of the date this Agreement becomes fully executed by both parties. WHEREAS, the City owns and operates the Corpus Christi Museum of Science and History (the "Museum"); and WHEREAS, the City employs Dr. Robert Drolet as an Archeologist at the Museum; and WHEREAS, Dr. Drolet has been active in a decade long archeological study of the Lower Nueces River Valley (the "Project"); and WHEREAS, the parties intend that the information gained from the Project during the first year of this Agreement is disseminated during the second year of this Agreement through (i) Collection Curation and On -Line Exhibit and (ii) Project Manuscripts, Monographs and Publications, as outlined in the attached Schedule for Analysis and Dissemination of information from the Lower Nueces River Valley Archaeological Study 2000-2010 (the "Schedule"); and WHEREAS, Dr. Drolet agrees that the Project can be completed within the time frame of the Schedule; and WHEREAS, the City had proposed to eliminate the Archeologist position due to the City's budget constraints; and WHEREAS, the elimination of the Archeologist position would result in a failure to complete the Project; and WHEREAS, Friends has agreed to provide the money necessary for the City to fund the salary for the Archeologist position for a period of two years; NOW, THEREFORE, in consideration of the mutual agreements and covenants contained in this Agreement, the parties hereby agree as follows: 1. Funding. The City will continue to employ Dr. Drolet as an Archeologist for the fiscal years ending July 31, 2012 and July 31, 2013, and Friends agrees to reimburse the City for the total amount of Dr. Drolet's salary for such fiscal years. 2. Reports. All parties agree that the continuation of this Agreement is subject to Dr. Drolet making reasonable progress towards completion of the Project in accordance with the Schedule. Therefore, the City agrees to provide Friends with interim reports in accordance with the attached Lower Nueces River Valley Project Analysis and Write-up Schedule that describe the progress made by Dr. Drolet towards completion of the Project. If Dr. Drolet fails to show reasonable progress towards completion of the Project, Friends shall have the right to terminate this Agreement and withhold future funding for salary incurred after the effective date of termination. 3. Payments. The City will invoice Friends at regular intervals during the term of this Agreement, and Friends agrees to pay within thirty days after receipt of a proper invoice. The City agrees that funds provided by Friends under this Agreement shall be used by the City solely for the purposes of employing Dr. Drolet. 4. Waiver. No waiver of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 5. Compliance with Laws. This Agreement is subject to all federal, state, and local laws and regulations. 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. 6. Entire Agreement; Amendments. This Agreement sets forth the entire understanding of the parties. This Agreement may be amended or modified only by a written instrument that is signed by the duly authorized representatives of each party. 7. Termination. Either the City or Friends may terminate this Agreement, with or without cause, upon thirty (30) days advance written notice to the other party. Obligations incurred prior to the effective date of termination shall survive termination. 8. Notice. Notice may be given by fax, hand delivery or certified mail, postage prepaid, and shall be deemed received on the day faxed or hand -delivered or on the third day after deposit in the U.S. mail, if sent by certified mail. Notice shall be addressed as follows: IF TO CITY: City of Corpus Christi Attn: Rick Stryker, Director 1900 N. Chaparral Corpus Christi, Texas 78401 Fax: 361-826-4660 IF TO FRIENDS: Friends of the Corpus Christi Museum of Science and History 1900 N. Chaparral Corpus Christi, Texas 78401 Fax: 361-884-7392 9. Severability. Each provision of this Agreement is severable and, if, for any reason, any provision or any part thereof, is determined to be invalid or 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 day of , 2011. FRIENDS: FRIENDS OF THE CORPUS CHRISTI MUSEUM OF SCIENCE AND HISTORY By: Jim Moloney, President CITY: ATTEST: CITY OF CORPUS CHRISTI By: By: Ronald L. Olson, City Manager Armando Chapa, City Secretary Approved as to Form: 5=e: S b , 2011. L. Brian Nary ez, Assisant City Attorney For City Attorney 1 Work Schedule 2011-2013 Drolet 8/1/2011 Schedule for Analysis and Dissemination of Information from the Lower Nueces River Valley Archaeological Study 2000-2010. August 2011 to September 2012 Special Analysis and Data Organization of Recovered Archaeological Collections from the Lower Nueces River Valley. 1 Ceramic analysis (formal analysis of Late Prehistoric ceramic collections from habitation sites 41NU54 and 41SP220 and their outliers). The analysis will be used to generate answers to the following questions: a. What were the principal vessel types manufactured? b. What types of temper were used with clay? c. What were the manufacture techniques d. What were the stylistic attributes, including decoration, vessel size, and clay types used? e. What were the different vessel types used for? f. What does the ceramic information tell us about inland -coastal trade and exchange? 2. Faunal and botanical analysis (formal analysis of organic remains from Archaic and Late Prehistoric sites). The analysis will be used to generate answers to the following questions. a. What plants and animals were exploited? b. What was their seasonality and distribution? c. What is known about river valley habitats surrounding the base camp settlements in both periods? 3. Lithic analysis (formal analysis of chipped stone artifact assemblages from Archaic and Late Prehistoric sites). The analysis will be used to generate answers to the following questions. a. What were the principal chipped stone tool types manufactured during each period? b. What manufacturing techniques were used in tool manufacture? c. Where were the principal stone quarries located that provided raw lithic material? Were tools manufactured at these sites or was the material transported to base camps d. How did stone tools contribute to domestic work, hunting, and other everyday chores? e. What did a typical Late Prehistoric lithic tool workshop look like? 4. Settlement pattern analysis (formal analysis of archaeological sites identified and recorded during systematic survey). The analysis will be used to generate answers to the following questions. a. What were the principal site types associated with each cultural period? b. What is the spatial pattern relating to site distribution? c. How did settlement patterns change over time? d. Did populations grow over time or remain small and scattered? —484— 2 Work Schedule 2011-2013 Drolet 8/1/2011 d. Were settlements permanent or seasonal? 5. Chronological analysis (laboratory C14 analysis of charcoal, animal bone, and sediment samples recovered in Archaic and Late Prehistoric site excavations). The analysis will be used to generate answers to the following questions. a. What was the duration of Archaic settlement? b. What was the duration of Late Prehistoric settlement? c. When did historic contact occur and what happened to the Native groups during this contact period? Analysis will be undertaken at the Corpus Christi Museum and Texas A & M University by Dr. Drolet and students. The broader understanding derived from this analysis will address culture change and environmental adaptation of people in South Texas during an approximate 9,000 year period. August 2012 to September 2013 Collection Curation and On -Line Exhibit 1. Integrate archaeological collection into permanent Museum storage. 2. Create a publically accessible data base associated with the Lower Nueces River Valley archaeological collection. Project Manuscripts, Monographs, and Publications 1. Scholars The compilation of what we have learned will first be developed into a professional manuscript to be published in the Case Studies in Archaeology Series. Chapters include discussions about: a) prehistoric and ethnographic background; b) research background; c) chronological framework; e) results of survey and excavations; f) changes in population and environment; g) settlement types, subsistence and exchange; and h) early Native American -European contact. 2. General Public Another important product will be an illustrated monograph available through the Museum gift shop and other book stores that will paint a of picture of the lives these people led: especially the long tradition associated with fishing, hunting, toolmaking and base camp settlements located along the banks of the Nueces River. The whole story of these resilient people will be summed up from prehistoric times to European contact. The goal is to expose current generations of south Texans to the life ways of the Native peoples who preceded us. 3. Schools An important Museum target audience is school students who visit to learn about South Texas history. This project will include the publication of a study guide for use in classrooms along with web content that can be used by teachers in their curriculum. This story is important for both the K-12 science and social studies curriculum. —485— 1 Timeline LNRV Project 8/11/2011 Lower Nueces River Valley Project Analysis and Write-up Schedule. Dr. Robert Drolet Analysis of Archaeological Materials _ 2011 August Literature Review September- November Chronological data analysis. Environmental and cultural history framework Progress report November 2011- 2012 December- March Site excavation data; lithic assemblages, faunal and macrobotanical analysis Progress report March 2012 April -June Ceramic analysis and thin section study Progress report June July Interim Report Manuscript Draft Preparation 2012 August- September Introduction, research design and environment Progress report September October- December Survey and site excavations Progress report December 2013 January- March Cultural chronology, Native American subsistence, demography and resource exploitation and ecological adaptation Progress report March April - June Native American -European contact & conclusion July Manuscript Draft -486- Page 1 of 2 Ordinance appropriating $47,760 from the Friends of the Corpus Christi Museum of Science and History into the No. 1020 General Fund for funding of an archeologist position in FY 2011-2012; and changing the FY 2011-2012 Operating Budget adopted by Ordinance No. 029155 to increase revenues and expenditures by $47,760 each. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $47,760 from the Friends of the Corpus Christi Museum of Science and History is appropriated into the No. 1020 General Fund for funding of an archeologist position in FY 2011-2012. SECTION 2. That the FY 2011-2012 Operating Budget adopted by Ordinance No. 029155 is changed to increase revenues and expenditures by $47,760 each. 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 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 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 Approved: c.+oi i. t i L. Brian Narz Assistant City Attorney For City Attorney , 2011 Joe Adame Mayor 33 -1 AGENDA MEMORANDUM for the City Council Meeting of November 8, 2011 DATE: 10/12/2011 TO: Ronald L. Olson, City Manager THROUGH: Rudy Garza, Assistant City Manager FROM: Mike Culbertson Jig/ (361) 882-7448 mculbertson@ccredc.com Type A Grant for Lakeside Steel Texas Inc. CAPTION: a. Ordinance appropriating $150,000 from the Unreserved Fund Balance in the No. 1140 Business/Job Development Fund for a grant from the Corpus Christi Business and Job Development Corporation to Lakeside Steel Texas Inc. for development of a new pipe treading facility; and changing the FY 2011-2012 Operating Budget adopted by Ordinance No. 029155_ to increase appropriations by $150,000. b. Resolution approving the Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ("Type A Board") and Lakeside Steel Texas Inc. ("Lakeside"), which provides a grant of $150,000 for development of a new pipe treading facility; and authorizing the City Manager or designee to execute the Business Incentive Project Service Agreement with the Type A Board for the implementation and administration of the Business Incentive Agreement. BACKGROUND AND FINDINGS: Lakeside Steel Texas Inc. has purchased the lease rights for a property where they will open a pipe finishing facility. Hiring 60 new employees and investing $2,000,000 in equipment and fixtures. The average salary will be $23,000.00. ALTERNATIVES: The company is not eligible for any other incentives besides the Type A grant. OTHER CONSIDERATIONS: Lakeside is taking a property that is currently idle and adding capital investment and hiring new employees. CONFORMITY TO CITY POLICY: This project is consistent with the City's stated goals of promoting economic development and incentivizing business to locate and thrive in Corpus Christi. EMERGENCY / NON -EMERGENCY: Non -Emergency -491- DEPARTMENTAL CLEARANCES: Type A Board FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011-2012 Project to Date Expenditures (C1P only) _ Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 150,000 150,000 BALANCE 150,000 _ 150,000 Fund(s): Type A Fund Comments: This will come from the Type A fund. RECOMMENDATION: Staff recommends approval of a grant for $150,000 for job creation and capital investment by Lakeside Steel Texas. LIST OF SUPPORTING DOCUMENTS: Business Incentive Agreement Ordinance Resolution Agreement between the City and Business and Job Development Corporation Approvals: Brian Narvaez, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Rudy D. Garza, Interim Assistant City Manager BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND LAKESIDE STEEL TEXAS, INC. FOR CREATION OF JOBS This Business Incentive Agreement ("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and Lakeside Steel Texas Inc., a Delaware corporation ("Lakeside"). WHEREAS, the Texas Development Corporation Act, now codified as Title 12, Subtitle C1 (Chapters 501— 507) of the Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their residents; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corporation's Board of Directors ("Board"); WHEREAS, the Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the residents of the City; WHEREAS, the Board amended the Corporation's Guidelines and Criteria for Granting Business Incentives on October 18, 2010; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on November 9, 2010; WHEREAS, Section 501.073 of the Texas Local Government Code requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, Lakeside has acquired an existing non-operating pipe finishing facility ("Facility") and will invest in new equipment and hire new employees; WHEREAS, Lakeside proposes to invest approximately $1.4 million over a five year period in furniture, fixtures, and equipment; WHEREAS, the Board has determined (i) that it is in the best interests of the residents of the City to provide business development funds to Lakeside, through this Agreement, to partially offset the costs of building improvements, computer purchases, office stations, furniture and fixtures, and (ii) that this Agreement will result in the creation of up to sixty (60) new full-time permanent jobs in the City, with an estimated annual average gross salary of $23,000.00. In consideration of the covenants, promises, and conditions stated in this Agreement, the Corporation and Lakeside agree as follows: Page 1 of 10 BUSINESS INCENTIVE AGREEMENT Lakeside Steel - Execution Copy —493— 1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement. 2. Term. The term of this Agreement is for five years beginning on the Effective Date. 3. Performance Requirements and Grants. a. Lakeside's performance requirements: (1) During the first year, Lakeside shall (i) invest at least $1.4 million on furniture, fixtures, and equipment and (ii) employ at least fifty (50) new employees with an average annual gross salary of at least $23,000 per employee. (2) During the second year, Lakeside shall (i) retain at least fifty (50) existing employees with an average annual gross salary of at least $23,000 per existing employee and (ii) employ at least ten (10) new employees with an average annual salary of at least $23,000 per new employee. (3) During the third year, Lakeside shall retain at least sixty (60) existing employees with an average annual gross salary of at least $23,000 per existing employee. (4) During the fourth year, Lakeside shall retain at least sixty (60) existing employees with an average annual gross salary of at Least $23,000 per existing employee. (5) During the fifth year, Lakeside shall retain at least sixty (60) existing employees with an average annual gross salary of at least $23,000 per existing employee. (6) Lakeside shall annually report its actual investments within the City and provide documentation to support its report to the Corporation. b. Corporation's Grants. The Corporation will grant Lakeside up to $150,000 under the following conditions: (1) If Lakeside, during the first year, (i) invests at least $1.4 million on furniture, fixtures, and equipment and (ii) employs at least fifty (50) new employees with an average annual gross salary of at least $23,000 per new employee, the Corporation will grant Lakeside $30,000. (2) If Lakeside, during the second year, (i) retains at least fifty (50) existing employees with an average annual gross salary of at least $23,000 per existing employee and (ii) employs at least ten (10) new employees with an average annual gross salary of at least $23,000 per new employee, the Corporation will grant Lakeside $30,000. Page 2 of 10 BUSINESS INCENTIVE AGREEMENT Lakeside Steel - Execution Copy —494— (3) If Lakeside, during the third year, retains at least sixty (60) existing employees with an average annual gross salary of at least $23,000 per existing employee, the Corporation will grant Lakeside $30,000. (4) If Lakeside, during the fourth year, retains at least sixty (60) existing employees with an average annual gross salary of at least $23,000 per existing employee, the Corporation will grant Lakeside $30,000. (5) If Lakeside, during the fifth year, retains at least sixty (60) existing employees with an average annual gross salary of at least $23,000 per existing employee, the Corporation will grant Lakeside $30,000. (6) If Lakeside does not create the minimum number of new jobs or maintain the minimum number of jobs for any given year, as shown in the chart below, the Corporation will not award a grant to Lakeside for that calendar year. Year Minimum Minimum Number of New Number of Jobs Retained Jobs 1 2 3 4 5 50 0 10 50 0 60 0 60 0 60 (7) If Lakeside does not make the annual minimum capital investment in construction of facilities or acquisition of furniture, fixtures, and equipment in any year as required by Section 3.a.(1), the Corporation will not award a grant to Lakeside for that calendar year. 4. Job Creation Qualification. a. In order to count as a created job under this Agreement, the job must pay wages as required by Section 501.162 of the Texas Local Government Code, as amended, which is the median entry level wage of the occupation in the Corpus Christi MSA as determined by the Texas Workforce Commission's Texas Industry Profiles report. b. A full-time job is one that meets the criteria submitted by the Corporation. c. Lakeside agrees to confirm and document to the Corporation that the minimum number of jobs created as a result of funding provided by this Agreement is maintained throughout the term by Lakeside. Page 3 of 10 BUSINESS INCENTIVE AGREEMENT Lakeside Steel - Execution Copy -495- d. Lakeside agrees to provide the Corporation with a sworn certificate by an authorized representative certifying the number of full-time permanent employees employed by Lakeside. e. Lakeside shall ensure that the Corporation is allowed reasonable access to personnel records under this Agreement. 5. Buy Local Provision. a. Lakeside agrees to use its best efforts to give preference and priority to local manufacturers, suppliers, contractors, and labor, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency. b. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50- mile radius of Nueces County. 6. Warranties. Lakeside warrants and represents to Corporation the following: a. Lakeside is a corporation duly organized, validly existing, and in good standing under the laws of the State of Delaware, has all corporate power and authority to carry on its business as presently conducted in the City. b. Lakeside has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. Lakeside has timely filed and will timely file all local, state, and federal tax reports and returns required by law to be filed, and all taxes, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid, during the term of this Agreement. d. Lakeside has received a copy of the Texas Development Corporation Act, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under state law and by the terms of this Agreement. e. The parties executing this Agreement on behalf of Lakeside are duly authorized to execute this Agreement on behalf of Lakeside. 7. Compliance with Laws. Lakeside shall observe and obey all applicable federal, state, and local laws, ordinances, regulations, and rules. 8. Non -Discrimination. Lakeside covenants and agrees that Lakeside will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. Page 4 -of 10 BUSINESS INCENrrVE AGREEMENT Lakeside Steel - Execution Copy -496- 9. Force Majeure. If the Corporation or Lakeside are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or Lakeside are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 10. Assignment. Lakeside may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and the City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 11. INDEMNITY. LAKESIDE COVENANTS TO FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CORPORATION, THE CITY, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AND AGENTS ("INDEMNITEES") AGAINST ALL LIABILITY, DAMAGE, LOSS, CLAIMS DEMANDS, AND ACTIONS OF ANY KIND ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITING THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND, WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH LAKESIDE'S ACTIVITIES CONDUCTED UNDER OR INCIDENTAL TO THIS AGREEMENT, INCLUDING ANY INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF ANY OR ALL OF THE INDEMNITEES. LAKESIDE MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED ON THOSE CLAIMS AND DEMANDS WITH COUNSEL SATISFACTORY TO INDEMNITEES, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COST AND EXPENSES OF ANY KIND ARISING FROM THE LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, OR ACTIONS. 12. Events of Default. The following events constitute a default of this Agreement: a. Failure of Lakeside to timely, fully, and completely comply with any one or more of the requirements, obligations, duties, terms, conditions, or warranties of this Agreement, other than the requirement to create a minimum number of new jobs or maintain a minimum number of jobs in any specific year. However, the minimum number of new jobs must be created and the minimum number of jobs maintained by the end of the contract term. b. The Corporation or the City determines that any representation or warranty on behalf of Lakeside contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; Page 5 of 10 BUSINESS INCENTIVE AGREEMENT Lakeside Steel - Execution Copy —497— c. Any judgment is assessed against Lakeside or any attachment or other levy against the property of Lakeside with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 days. d. Lakeside makes an assignment for the benefit of its creditors. e. Lakeside files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. f. The taxes owed by Lakeside become delinquent, and Lakeside fails to timely and properly follow the legal procedures for protest or contest. g. Lakeside changes the general character of its business as conducted as of the date this Agreement is approved by the Corporation. 13. Notice of Default. Should the Corporation or the City determine that Lakeside is in default according to the terms of this Agreement, the Corporation or City shall notify Lakeside in writing of the event of default and provide sixty (60) days from the date of the notice ("Cure Period") for Lakeside to cure the event of default. 14. Results of Uncured Default. After exhausting good faith attempts to address any default during the Cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of Lakeside, as determined by the Board, the following actions must be taken for any default that remains uncured after the Cure Period. a. Lakeside shall immediately repay all funds paid by the Corporation under this Agreement. b. Lakeside shall pay the Corporation for the reasonable attorney fees and costs of court incurred by the Corporation to collect amounts due. c. The Corporation shall have no further obligations to Lakeside under this Agreement. d. Neither the City nor the Corporation may be held liable for any consequential damages. e. The Corporation may pursue all remedies available under law. 15. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. Page 6 of 10 BUSINESS INCENPNE AGREEMENT Lakeside Steel - Execution Copy -498- c. Any waiver or indulgence of Lakeside's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time Lakeside is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but the Corporation may at any time avail itself of any rights or remedies or elect to terminate this Agreement on account of the default. 16. Limitation of Liability. Lakeside specifically agrees that the Corporation shall only be liable to Lakeside for the actual amount of the money grants to be conveyed to Lakeside, and shall not be liable to Lakeside for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by the Corporation under the terms of this Agreement. Payment by the Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the term of this Agreement. The Corporation shall use its reasonable best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with the Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less the Corporation's customary and usual costs and expenses, as compared to each contracting party's grant amount for that year, and the Corporation shall not be liable for any deficiency at that time or at any time in the future. In this event, the Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from Lakeside to be accompanied by all necessary supporting documentation. 17. Notices. a. Any required written notices shall be sent by United States certified mail, postage prepaid, addressed as follows: Lakeside: City: Lakeside Corporation 4400 Post Oak Parkway Houston, TX 77027 City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent to the City at the following address: Page 7 of 10 BUSINESS INCENTIVE AGREEMENT Lakeside Steel - Execution Copy —499— City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 c. Notice is effective upon deposit in the United States mail if sent in the manner provided above. 18. Incorporation of Other Documents. The Corpus Christi Business and Job Development Corporation Guidelines and Criteria for Granting Business Incentives, as amended, are incorporated into this Agreement. 19. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 20. Relationship of Parties. In performing this Agreement, both the Corporation and Lakeside will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint -venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 21. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 22. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court' of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in talus to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 23. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. Page8of 10 BUSINESS INCENTIVE AGREEMENT Lakeside Steel - Execution Copy -500- 24. Sole Agreement. This Agreement constitutes the sole agreement between the Corporation and Lakeside. Any prior agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 25. Survival of Terms of Agreement and Obligations of Parties. The terms of this agreement and the obligation of the parties relating to Sections 14.a and 14.b shall survive the termination of this Agreement. Corpus Christi Business & Job Development Corporation By: Eloy Salazar President Date: Attest: By: Armando Chapa Assistant Secretary Page 9 of 10 BUSINESS INCENTIVE AGREEMENT Lakeside Steel - Execution Copy —501— Lakeside Steel Texas Inc. By: President Date: thE r<< <( THE STATE OF TEXAS COUNTY OF HARRIS 's insent was acknowledged before me on?ir5bQ r l t , 2011, by ,naroec , President of Lakeside Steel Texas, Inc., a Delaware corporation, on behalf of the corporation. Aotun woo* AvevA,•zs 0 ▪ • Notary Pu li • :oft_isNin%•Stateof Texas ▪ :,� o�r ,4�/1644`` Page 10 of 10 BUSINESS INCENTIVE AGREEMENT Lakeside Steel - Execution Copy —502— BUSINESS INCENTIVE PROJECT SERVICE AGREEMENT LAKESIDE STEEL TEXAS, INC. This Business Incentive Project Service Agreement ("Project Service Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and the City of Corpus Christi, Texas ("City"). WHEREAS, the Texas Development Corporation Act, now codified as Title 12, Subtitle C1 (Chapters 501 — 507) of the Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their residents; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the Texas Comptroller, effective April 1, 2003, to be administered by the Corporation's Board of Directors ("Board"); WHEREAS, the Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the residents of the City; WHEREAS, the Board amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Guidelines") on October 18, 2010; WHEREAS, Section 501.073 of the Texas Local Government Code, requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, the City Council approved the amended Guidelines on November 9, 2010; WHEREAS, Lakeside Steel Texas, Inc. ("Lakeside") has submitted a proposal to the Corporation for a grant, that can be up to $150,000 depending on the number of retained and new jobs created, for investment in building improvements, computer purchases, office stations, furniture and fixtures; WHEREAS, the Board has determined that it is in the best interests of the residents of the City to provide business development funds to Lakeside; and WHEREAS, the Corporation and Lakeside have executed that certain Business Incentive Agreement Between the Corporation and Lakeside for the creation of jobs ("Business Incentive Agreement"). In consideration of the covenants, promises, and conditions stated in this Project Service Agreement, the Corporation and the City hereby agree as follows: Page 1 of 3 —503— 1. Project Service Agreement to Implement Business Incentives Agreement. This Project Service Agreement between the City and the Corporation is executed to implement the Business Incentive Agreement. 2. Term. The term of this Project Service Agreement runs concurrently with the term of the Business Incentive Agreement. 3. Services to be Provided by City. a. The City Manager, or the City Manager's designee, shall administer funding on behalf of the Corporation. b. The City Manager, or the City Manager's designee, shall perform contract administration responsibilities outlined in the Business Incentive Agreement for the Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by the City Council. 5. Effective Date. The effective date of this Project Service Agreement is the latest date that either party executes this Project Service Agreement. 6. Amendments or Modifications. No amendments or modifications to this Project Service Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Service Agreement or the application of this Project Service Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Service Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Service Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Service Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Service Agreement, then the remainder of this Project Service Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Service Agreement automatically. Page 2 of 3 -504- 8. Captions. The captions in this Project Service Agreement are for convenience only and are not a part of this Project Service Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Service Agreement. CITY OF CORPUS CHRISTI, TEXAS CORPUS CHRISTI BUSINESS & JOB DEVELOPMENT CORPORATION 1 Ronald L. Olson Eloy Salazar City Manager President Date: Date: Attest Armando Chapa City Secretary Approved as to Legal Form: , 2011. L. Brian Narvaez Assistant City Attorney for City Attorney Page 3 of 3 -505- Page 1 of 2 Resolution approving the Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ("Type A Board") and Lakeside Texas Steel Inc. ("Lakeside"), which provides a grant of $150,000 for development of a new pipe threading facility; and authorizing the City Manager or designee to execute the Business Incentive Project Service Agreement with the Type A Board for the implementation and administration of the Business Incentive Agreement. WHEREAS, the Type A Board has budgeted funds to assist businesses in the City of Corpus Christi, Texas ("City"); WHEREAS, the Business Incentive Project Service Agreement between the City and the Type A Board provides for the implementation and administration of the Business Incentive Agreement between the Type A Board and Lakeside, which provides a grant of $150,000 for expansion of Lakeside's existing facility; and WHEREAS, the City Council has determined that it is in the best interest of the City and its residents to approve the Business Incentive Project Service Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Business Incentive Agreement, which is attached to this Resolution as Exhibit A, between the Type A Board and Lakeside, which provides a grant of $150,000 for development of a new pipe threading facility, is approved. SECTION 2. That the City Manager or designee is authorized to execute the Business Incentive Project Service Agreement, which is attached to this Resolution as Exhibit B, with the Type A Board for the implementation and administration of the Business Incentive Agreement. Attest: City of Corpus Christi Armando Chapa City Secretary Joe Adame Mayor Approved: 2 S. day of 4f.ae.. , 2011. L. Brian Narvae Assistant City Attorney For City Attorney Page 2 of 2 Corpus Christi, Texas of , 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal David Loeb John Marez Nelda Martinez Mark Scott Page 1 of 2 Ordinance appropriating $150,000 from the Unreserved Fund Balance in the No. 1140 Business/Job Development Fund for a grant from the Corpus Christi Business and Job Development Corporation Major Business Incentives to Lakeside Steel Texas Inc. for development of a new pipe threading facility; and changing the FY 2011-2012 Operating Budget adopted by Ordinance No. 029155 to increase appropriations by $150,000. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $150,000 from the Unreserved Fund Balance in the No. 1140 Business/Job Development Fund is appropriated for a grant from the Corpus Christi Business and Job Development Corporation Major Business Incentives to Lakeside Steel Texas Inc. for development of a new pipe threading facility. SECTION 2. That the FY 2011-2012 Operating Budget adopted by Ordinance No. 029155 is changed to increase appropriations by $150,000. 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 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 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 Approved; 04.4.0e/L za , 2011 L. Brian Na ez Assistant City Attorney For City Attorney Joe Adame Mayor 34 AGENDA MEMORANDUM for the City Council Meeting of November 8, 2011 DATE: 11/8/2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P. E., Director of Engineering Services petean@cctexas.com (361) 826-3781 RESOLUTION AUTHORIZING INTERLOCAL AGREEMENT WITH NUECES COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 3 County Road 69 from FM 624 to the north side of River Way Road AGENDA ITEM: Resolution authorizing the City Manager, or designee, to execute an Interlocal Agreement with the Nueces County Water Control and Improvement District No. 3 related to the construction improvements along County Road 69, Project # 6507, and the District's irrigation canal contiguous to the roadway. BACKGROUND AND FINDINGS: The City is constructing improvements to County Road 69 between FM 624 and County Road 52 which includes reconstruction of the pavement with 5 foot wide shoulders on each side and a designated right turn lane at FM 624. The additional pavement width is adjusted primarily toward the irrigation canal bank which concerns the Nueces County Water Control and Improvement District No. 3 (NCWCD #3) for two reasons. The concerns are possible adverse affects to the structural integrity of the berm along the canal resulting from construction activity and the possibility of vehicles entering the canal. To address the concerns raised by the NCWCD #3 the City has engaged Rock Engineering and Testing Laboratories (RETL) to analyze the structural integrity of the canal berm to ensure that the construction has not compromised its stability. The City has also proposed to build a header curb with footings to deter vehicles from entering the canal. ALTERNATIVES: If the Council decides not to execute this lnterlocal Agreement with the Nueces County Water Control and Improvement District No. 3 it is possible that the City will be engaged in future litigation.. OTHER CONSIDERATIONS: The contractor, Bay, Ltd., is currently on site completing construction on County Road 69 and County Road 52. The proposed header curb can be included in a change order to this project cost effectively since the contractor will not have to mobilize separately. K',ENGINEERING DATAEXCHANGEIVELMAPISTREET16471 COUNTY ROAD 52, 6507 COUF3YIR AD 6916507 COUNTY ROAD 69 INTERLOCAL AGREEMENT NUECES COUNTY4AGENDA ITEM.DOC �7 1 3 CONFORMITY TO CITY POLICY: Not applicable. EMERGENCY / NON -EMERGENCY: Not applicable. 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 $0.00 $0.00 Encumbered / Expended Amount This item $0.00 $0.00 BALANCE _ $0.00 $0.00 Fund(s): Comments: This agreement does not require any payment to the Nueces County Water Control and Improvement District No. 3. RECOMMENDATION: It is recommended to execute an Interlocal Agreement with the Nueces County Water Control and Improvement District No. 3 related to the construction improvements along County Road 69, Project # 6507, and the District's irrigation canal contiguous to the roadway. LIST OF SUPPORTING DOCUMENTS: 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 KIENGINEERING DATAEXCHANGEIVELMAPISTREETI6471 COUNTY ROAD 5Z 8507 COUhyFY f4&D 6916507 COUNTY ROAD 69 INTERLOCAL AGREEMENT NUECES COUNTYIAGENDA JTEM.DOC a77 ��ff \Mpro ject\councilexhibits\exh 6507rw. d wg a RIVER CANYON OR LIMITS OF AGREEMENT FM 624 CALALLEN HIGH SCHOOL NORTHWEST BOULEVARD LOCATION MAP NOT TO SCALE PROJECT #6507 COUNTY ROAD 69 F�� WAY ROAD TO THE NORTH SIDE OF R -515 - CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 17/08/2017 Resolution authorizing the City Manager, or designee, to execute an Interlocal Agreement with the Nueces County Water Control and Improvement District No. 3 related to the construction improvements along County Road 69, Project # 6507 and the District's irrigation canal contiguous to the roadway. 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 execute an Interlocal Agreement with the Nueces County Water Control and Improvement District No. 3 (District) related to the construction improvements along County Road 69, Project # 6507 and the District's irrigation canal contiguous to the roadway. Section 2. The City Manager or designee is authorized to execute all related documents necessary to administer said Interlocal Agreement, including non substantial amendments thereto. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED AS O FOR • 20 -Oct -11 Pl(Alkka4 Veronica Ocanas Assistant City Attorney for City Attorney Joe Adame Mayor J:11.ENG11 AGENDA ITEM 51201111115111111511 RESO Enteriocal NCWCID #3 - County Road 69 Project# 6507.docx —516— Corpus Christi, Texas of , 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott J:11.ENG11 AGENDA f S E M S1201111115111111511 RESO Interlocal NCWCID #3 - County Road 69 Project# 6507.docx -517- COUNTY ROAD 69 IRRIGATION CANAL INTERLOCAL AGREEMENT • THE STATE OF TEXAS COUNTY OF NUECES § KNOW ALL MEN BY THESE PRESENTS: IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN .MADE THE PARTIES AGREE AS FOLLOWS: Section I. Parties. This agreement is made and entered into by and between the City of Corpus Christi, Texas, hereinafter referred to as "City", and the Nueces County Water Control and Improvement District No. 3, hereinafter referred to as "District". Section 2. Authority. This Agreement is made under the authority of Section 791.011 (a) Government Code. Section 3. Current Revenues. Each governing body, in performing governmental function or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party. Section 4. Findings. Each governing body finds that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of responsibilities and costs fairly compensates the performing party for the services or functions of this Agreement. Section 5. Service to be provided. (a) City, i , is in the process of rebuilding County Road 69, a public roadway in Nueces County, Texas. As a result the City will remove and replace the existing two lane roadway with a three land roadway containing two lanes of travel and a center turn lane. In rebuilding County Road 69, the City will encroach upon the —518— . irrigation canal owned and maintained by the District to provide irrigation water to the owners and occupants of lands lying contiguous to County Road 69. (b) The District has been formed pursuant to the Article III, Section 52 of the Texas Constitution and has as one of its responsibilities the reclamation and irrigation of its arid, semiarid and other lands which need irrigation. The District owns and maintains one or more canals for the delivery of water for irrigation including an irrigation canal contiguous to County Road 69 established to provide irrigation water to the owners and occupants of lands lying contiguous to County Road 69. The District is concerned that the rebuilding of County Road 69 in the location proposed by the City could adversely affect the structural integrity of the berm on the west side of the irrigation canal. The. District is further concerned that the proposed reconstructed County Road 69 could create a risk of motor vehicles driving into the irrigation canal because of its close proximityto said road creating potential problems for the District with the Texas Commission on Environmental Quality, the state agency that regulates the District as it supplies all water to its customers located in its certificated area. h+yodear The City, at no expense to the District, will provide a ra1feurb with footings at a (0) depth necessary to protect the structural integrity of the berm along the canal contiguous with CR 69 from the intersection of Farm to Market Road 624 to River Way Road (Bearing 34 + 00) or the City will provide the roll curb and railings along the canal contiguous with CR 69 from the intersection of Farm to Market Road 624 to River Way Road (Bearing 34 + 00). The City and the District agree that these improvements will address the concerns voiced by the District as set forth in paragraph (b) above. The City engineering staff will immediately take the steps to obtain a change order to the existing contract(s) for the reconstruction of County Road 69 so that these improvements can be completed along with the reconstruction of CR 69, (d) The District is also aware that there is some concern by the City that a portion of the roadway for CR 69 encroaches on a portion of the right-of-way owned and maintained by the District where the irrigation canal is located, The District staff has obtained the approval of the Board of Directors of the District to waive any claim that the District may have against the City for such encroachment and has further obtained the approval of the Board of Directors for the District Manager, on behalf of the Board of Directors and the District, to execute any and all documents necessary to grant, sell and convey to the City an easement and the right and privilege to use any portion of County Road 69 and/or the right-of-way owned and maintained by the District for the irrigation canal contiguous to CR 69 for the purpose of constructing, improving and maintaining County Road 69 in Nueces County, Texas. (e) The use of the easement and the right and privilege to use any portion of County Road 69 and/or the right-of-way owned and maintained by the District for the irrigation canal contiguous to CR 69 for the purpose of constructing, improving and maintaining County Road 69 in Nueces County, Texas by the City shall not interfere with the Districts delivery of water for irrigation through the irrigation canal contiguous to County Road 69 to the owners and occupants of iands lying contiguous to County Road 69. (f) The City is not responsible for providing irrigation water to the owner or owners of land lying within the District and contiguous to County Road 69. (g) The District is not responsible for the construction or maintaining of any portion of County Road 69. Section 6. Term. The original term of this Agreement shall be one year. It is agreed by the parties that this Agreement shall automatically renew for additional one year periods for so long as the City and/or Nueces County, Texas shall own and maintain County Road 69. Section 12. Dispute Resolution. The parties hereto mutually contract and agree that each, every, any and all claims, disputes and/or controversies, now existing orhereafter arising, whether known or unknown, shall be exclusively resolved, as follows; (a) by attempting settlement by mediation, under the Mediation Rules and utilizing a neutral mediator; and, failing settlement by mediation, (b) the parties agree that all claims and disputes, including those of jurisdiction and arbitrability, shall be resolved by neutral binding arbitration by the National Arbitration Forum, under the Code of Procedure in effect at the time any claim is made. Each party shall pay its own costs of arbitration. The parties stipulate that this agreement involves transactions in interstate commerce, is subject to the Federal Arbitration Act, invoke its jurisdiction and agree that any award of the arbitrator(s) may be entered as a. judgment in any court of competent jurisdiction. Section 13. Miscellaneous. (a) This Agreement expresses the entire agreement between the parties. (b) Any modification, amendment, or addition to this Agreement shall not be binding upon the parties unless reduced to writing and signed by the persons authorized to make such agreements on behalf of the respective party. The Effective Date of this Agreement is the M " day of September, 2011. City of Corpus Christi, Texas Attest: City Secretary City Manager Nueces County Water Control & • r rovement District No. 3 Woad tab Legalism?1if r/A k af4 Veronica Ocanas Assistant City Attorney For City Attorney —521— ager 35 AGENDA MEMORANDUM for the City Council Meeting of November 8, 2011 DATE: 11/8/2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P, E., Director of Engineering Services petean@cctexas.com (361) 826-3781 RESOLUTION AUTHORIZING LOCAL GOVERNMENT AGREEMENT WITH TXDOT SH 357 (Saratoga Boulevard) from Staples Street to Rodd Field Road AGENDA ITEM: Resolution authorizing the City Manager, or designee, to execute a Local Government Agreement to Contribute Funds with the Texas Department of Transportation for acquisition of right-of-way and adjustment of utilities for a highway project on State Highway 357 (Saratoga Boulevard) from Staples Street to Rodd Field Road with the City's participation in the amount of $1,500 which represents 10% of the estimated total cost of the right-of-way ($15,000). BACKGROUND AND FINDINGS: The proposed project is a TXDOT traffic signal project at the intersection of Patti Drive and State Highway 357 (Saratoga Boulevard). TXDOT proposes to acquire corner clips at this intersection to allow for future relocation of utilities and to remove obstructions for clear vision. TXDOT will assume responsibility for acquisition of all necessary right-of-way and adjustment of utilities for this project. The City of Corpus Christi will contribute $1,500 which represents 10% of the estimated total cost of the right-of-way ($15,000) however, if it is found that this amount is insufficient, after receiving written notification, the City will transmit to TXDOT, the additional funds required. The City's portion of $1,500 for right-of-way acquisition for the traffic signal at Patti Drive on State Highway 357 (Saratoga Boulevard) which is an on - system location is due upon City execution of the Advance Funding Agreement. ALTERNATIVES: TXDOT will not be able to acquire the necessary right-of-way at Patti Drive and State Highway 357 (Saratoga Boulevard) without the agreement in place. OTHER CONSIDERATIONS: This right-of-way needs to be acquired by TXDOT to ensure unobstructed vision at the intersection which will improve safety for the traveling public. KIENGINEERING DATAEXCHANGEIVELMAP\STREET\B465 TRAFFIC SIGNALS NEW AND SAIRONIZATION\LOCAL GOVERNMENT AGREEMENT SH 357 SARATOGA FROM STAPLES TO ROOD FIELD'AGENDA ITEM.DOC CONFORMITY TO CITY POLICY: Conforms to statutes regarding RFQ No. 2008-05 Bond issue 2008 Projects; FY 2011-12 Capital Budget. EMERGENCY 1NON-EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Not applicable. FINANCIAL IMPACT: C!P Fiscal Year: 2011-2012 Project to Date Expenditures (C1P only) Current Year Future Years TOTALS Line Item Budget $0.00 $0.00 Encumbered / Expended Amount This item $1,500.00 $1,500.00 BALANCE $(1,500.00) $(1,500.00) Fund(s): Street Comments: TXDOT will refund any excess amount paid by the City. RECOMMENDATION: It is recommended to execute a Local Government Agreement with the Texas Department of Transportation (TXDOT) to contribute funds for acquisition of right-of-way and adjustment of utilities for a highway project on SH 357 (Saratoga Boulevard) from Staples Street to Rodd Field Road. LIST OF SUPPORTING DOCUMENTS: Location Map Approvals: Veronica Ocanes, 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 KIENGINEERING DATAEXCHANGEIVELMAPISTREET1E10228 SH 357 SARATOGA FROM ti}P16S TO RODD FIELD\LOCAL GOVERNMENT AGREEMENT SH 357 SARATOGA FROM STAPLES TO RODD FIELDIAGENDA ITEM.DOC [ o0 File :\Mproject\councilexhibits\exhE10226b.dwg .M1BCBS BAY CORPUS C3-fItIS?I BAy PROJECT LOCATION PROJECT #E10226 LOCATION MAP NOT TO SCALE FLOUR BLUFF EXHIBIT "J" SH 357 (SARATOGA BOULEVARD) FROM STAPLES STREET TO RODD FIELD ROAD -527- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1of1 11/08/2011 NNW MIN MINI WO'- Resolution authorizing the City Manager or designee to execute a Local Government Agreement to Contribute Funds with the Texas Department of Transportation for acquisition of right-of-way and adjustment of utilities for a highway project on State Highway 357 (Saratoga Boulevard) from Staples Street to Rodd Field Road with the City's participation in the amount of $1,500 which represents 10% of the estimated total cost of the right-of-way ($15,000). 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 execute a Local Government Agreement to Contribute Funds with the Texas Department of Transportation for acquisition of right-of-way and adjustment of utilities for a highway project on State Highway 357 (Saratoga Boulevard) from Staples Street to Rodd Field Road with the City's participation in the amount of $1,500 which represents 10% of the estimated total cost of the right-of-way ($15,000). Section 2. The City Manager or designee is authorized to execute all related documents necessary to administer said Local Government Agreement to Contribute Funds, including non substantial amendments thereto. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED AST FORM: 13 -Oct -11 40(Kith- Veronica Ocanas Assistant City Attorney for City Attorney Joe Adame Mayor J:11.ENG11 AGENDA ITEM S1201111108111110811 RESO to Contribute Funds for SH 357 with city participation of 1,500.docx -528- Corpus Christi, Texas of , 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott J:11.ENG11 AGENDA ITEM S120111110811\110811 RESO to Contribute Funds for SH 357 with city participation of 1,500.docx -529- /wrmmaua Form ROW -RM -129 Replaces Form ROW -RM -129 and ROW -RM -130 (Rev. 6/2006) GSD -EPC Page 1 oft AGREEMENT TO CONTRIBUTE FUNDS - LOCAL GOVERNMENT County: NUECES District: CORPUS CHRISTI Federal Project No: N/A ROW CSJ No: 1069-01-032 Highway: SH 357 Const CSJ No: 1069-01-030 This Agreement by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the State, and the City of Corpus Christi, Texas, acting by and through its duly authorized officials pursuant to an Ordinance or Order dated the day of , 2011, hereinafter called the Local Government, shall be effective on the date of approval and execution by and on behalf of the State. WHEREAS, the State and the Local Government hereby agree to enter into a contractual agreement to acquire right of way and adjust utilities for a highway project on State Highway No. 357 with the following project limits: From: On Saratoga From Staples St. To: Rodd Field Rd.; and WHEREAS, the Local Government requests that the State assume responsibility for acquisition of all necessary right of way and adjustment of utilities for said highway project; and WHEREAS, the Local Government desires to voluntarily contribute to the State funding participation as defined in 43 TAC, § 15.55 for the cost of acquiring said right of way and relocating or adjusting utilities for the proper improvement of the State Highway System; NOW,' BiREFORE, in consideration of the foregoing premises and the mutual benefits to be derived therefrom, the Local Government shall contribute to the State an amount equal to ten percent (10%) of the cost of the right of way to be acquired by the State and shall transmit to the State with the return of this agreement, duly executed by the Local Government, a warrant or check in the amount of Fifteen Hundred and No/100 Dollars ($ 1,500.00 ), which represents ten percent (10%) of Fifteen Thousand and No/100 Dollars ($15,000.00), the estimated total cost of the right of way. If however, it is found that this amount is insufficient to pay the Local Government's obligation, then the Local Government will within thirty (30) days after receipt of a written request from the State for additional funds, transmit to the State such supplemental amount as is requested. The cost of providing such right of way acquired by the State shall mean the total value of compensation paid, either through negotiations or eminent domain proceedings, to the owners for their property interests, plus costs related to the relocation, removal or adjustment of eligible utilities. Whenever funds are paid by the Local Government to the State under this agreement, the Local Government shall remit a warrant or check made payable to the "Texas Department of Transportation Trust Fund." The warrant or check shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied to this highway project. Upon completion of the highway project and in the event the total amount as paid by the Local Government is more than ten percent (10%) of the actual cost of the right of way, any excess amount will be returned to the Local Government by the State, or upon written request of the Local Government, the excess amount may be applied to other State highway projects in which the Local Government is participating. -530- Form ROW -RM -129 (Rev. 6/2006) Page 2 of 2 In the event any existing, future, or proposed Local Government ordinance, commissioners court order, rule, policy, or other directive, including, but not limited to, outdoor advertising or storm water drainage facility requirements, is more restrictive than State or federal regulations, or any other locally proposed change, including, but not limited to, plats or re -plats, results in any increased costs to the State, then the Local Government will pay one hundred percent (100%) of all such increased costs, even if the applicable county qualifies as an economically disadvantaged county. The amount of the increased costs associated with the existing, future, or proposed Local Government ordinance, commissioners court order, rule, policy, or other directive will be determined by the State at its sole discretion. The Local Government shall maintain all books, papers, accounting records and other documentation relating to costs incurred under this agreement and shall make such materials available to the State and, if federally funded, the Federal Highway Administration (FHWA) or their duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this agreement or until any impending litigation, or claims are resolved. Additionally, the State and FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this agreement for the purpose of making audits, examinations, excerpts, and transcriptions. The State auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this agreement or indirectly through a subcontract under this agreement. Acceptance of funds directly under this agreement or indirectly through a subcontract under this agreement acts as acceptance of the authority of the State auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. THE LOCAL GOVERNMENT EXECUTION RECOMMENDED: By: Title: Date: Approved as to Legal ion: a' qtAfult Veronica Ocaiias Assistant City Attorney For City Attorney -531- Nelda R. Eureste Right of Way Manager, South Region Date: THE STATE OF TEXAS Executed and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: John P. Campbell, P.E. Right of Way Division Director Date: 36 AGENDA MEMORANDUM for the City Council Meeting of October 25, 2011 DATE: 10/11/2011 TO: Ronald L. Olson, City Manager THROUGH: Rudy Garza, Interim Assistant City Manager FROM: CAPTION: Mike Culbertson, VP CCREDC (361) 882-7448 mculbertson@ccredc.com Nominating TPCO America Corporation as a Triple Jumbo Texas Enterprise Project Resolution nominating TPCO America Corporation ("TPCO") to the Office of the Governor Economic Development & Tourism ("EDT") through the Economic Development Bank ("Bank") as a triple jumbo enterprise project pursuant to the Texas Enterprise Zone Act ("Act"). BACKGROUND AND FINDINGS: Under State Law, the Office of the Governor — Economic Development and Tourism Division through the Texas Economic Development Bank administers the Texas Enterprise Zone (TEZ) Program. According to the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code, the purpose of the program is to encourage job creation and retention and capital investment in areas of economic distress. The 78th legislature amended -the -act to increase participation in the program, decrease paperwork and streamline the process. Under the amended act, communities are no longer required to submit an application and fee to create an enterprise zone; designation of an enterprise zone is automatic based on decennial figures. Areas designated as enterprise zones include census block groups with 20 percent poverty and areas federally designated as Renewal Communities. Previously designated enterprise zones will be designated until their expiration, after which the area would need to meet the 20 percent poverty guideline. A project seeking designation as a Texas Enterprise Zone Project still must seek nomination from the governing body to the Office of the Governor for consideration and designation. Communities participating in the Texas Enterprise Zone Program are required to provide incentives to the project in addition to offering nomination for participation in the Texas Enterprise Zone Program. At least one of the incentives must be exclusive to the Texas Enterprise Zone. A designated project located in the Texas Enterprise Zone must agree to hire at least 25 percent of its employees from the enterprise zone or economically disadvantaged groups and in return will receive a refund of sales and use tax (SUT) paid to the Office of the Comptroller. If the project is located —535— outside the zone, the project must agree hire at least 35 percent of its new employees from the enterprise zone or economically distressed groups. The program allows a refund of $2,500 for each job created or retained. If investment levels are adequate, the local nominating governing body may nominate a project as a Double or Triple Jumbo Project designation, increasing the value per job created or retained to $5,000 or $7,500, respectively. Therefore, a double jumbo project can receive a rebate of up to $2.5 million, and a triple jumbo project can receive a rebate of up to $3.75 million. State Law allows each participating community with a population less than 250,000 to nominate up to six projects per biennium and communities with a population more than 250,000 to nominate up to nine projects per biennium. Since City of Corpus Christi's population exceeds the 250,000 threshold, up to nine projects can receive designation during this biennium. A double jumbo project assumes two of the number of projects allowable and a triple assumes three. Thus far, the City has not nominated any businesses for this biennium. This nomination will use three of the City's nine nominations of local businesses. The City of Corpus Christi has nominated a number of projects in the past including the Valero, Bay Ltd, CITGO, Stripes, and Flint Hills Resources. To date, the designated enterprise zone projects have resulted in at least $1.378 billion in investment in Corpus Christi. This local capital investment represents a significant portion of all of the combined capital investment made in enterprise zones across the state. TPCO America Corporation TPCO America Corporation estimates that over the next five years, they will make capital expenditures in excess of $1 billion for equipment and machinery which will allow the company to construct a pipe rolling mill to produce pipe for the oil and gas industry for domestic and foreign markets. This capital investment and its job creation represent the basis for this enterprise project nomination. Approximately 600 jobs will be created in this project. ALTERNATIVES: Due to State statute no other entity can be the nominating authority. The City can choose not to nominate the company. However the City has stated in the past that it would support TPCO in their move to this location. OTHER CONSIDERATIONS: This company is located in San Patricio County but is in the Corpus Christi extra territorial jurisdiction. Corpus Christi must be the nominating entity according to the statute. This has economic benefit to Corpus Christi as well as San Patricio County. CONFORMITY TO CITY POLICY: This conforms to City policy of promoting economic development, attracting primary jobs to the area, and is regional in scope. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: —536— Brian Narvaez, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Rudy D. Garza, Interim Assistant City Manager FINANCIAL IMPACT: Not applicable Fiscal Year: 2011-2012 Project to Date Expenditures (CIP only} Current Year Future Years TOTALS Line !tem Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: Not Applicable RECOMMENDATION: Staff recommends approval of the Resolution to nominate TPCO America Corporation as a triple jumbo Enterprise Project, as presented. LIST OF SUPPORTING DOCUMENTS: Nominating Resolution Copy of Ordinance No. 025513 Texas Enterprise Zone Application Approvals: Brian Narvaez, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Rudy D. Garza, Interim Assistant City Manager —537— Page 1 of 3 Resolution nominating TPCO America Corporation ("TPCO") to the Office of the Governor Economic Development & Tourism ("EDT") through the Economic Development Bank ("Bank") as a triple jumbo enterprise project pursuant to the Texas Enterprise Zone Act ("Act"). WHEREAS, the City of Corpus Christi ("City") has previously passed on October 14, 2003, Ordinance No. 025513 electing to participate in the Texas Enterprise Zone Program, and the local incentives offered under this Resolution are the same on this date as were outlined in Ordinance No. 025513; WHEREAS, the EDT through the Bank will consider TPCO as a triple jumbo enterprise project pursuant to a nomination and an application made by the City; WHEREAS, the City desires to pursue the creation of the proper economic and social environment in order to induce the investment of private resources in productive business enterprises located in the City and to provide employment to residents of enterprise zones and to other economically disadvantaged individuals; WHEREAS, pursuant to the Act, TPCO has applied to the City for designation as a triple jumbo enterprise project; and WHEREAS, the City finds that TPCO, located at 5433 Highway 35, Gregory, Texas 78359, meets the criteria for designation as a triple jumbo enterprise project under the Act on the following grounds: 1. TPCO is a "qualified business" under Section 2303.402 of the Act since it will be engaged in the active conduct of a trade or business at a qualified business site located in an enterprise zone and at least twenty-five percent (25.0%) of the business' new employees will be residents of an enterprise zone or economically disadvantaged individuals; 2. TPCO is located in an enterprise zone, which is also in Census Tract 107, Block Group 1, as defined by the most recent federal decennial census available at the time of designation, in which at least 20 percent of the residents of the block group have an income at or below 100 percent of the federal poverty level; 3. There has been and will continue to be a high level of cooperation between public, private, and neighborhood entities within the area; and 4. The designation of TPCO as a triple jumbo enterprise project will contribute significantly to the achievement of the plans of the City for development and revitalization of the area; WHEREAS, the City finds that TPCO meets the criteria for tax relief and other incentives adopted by the City and nominates TPCO for triple jumbo enterprise project status on the grounds that it will be located at a qualified business site and will create a higher level of employment, economic activity, and stability; and Page2of3 WHEREAS, the City finds that it is in the best interest of the City to nominate TPCO as a triple jumbo enterprise project pursuant to the Act; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the findings of the City Council and its actions approving this Resolution taken at the council meeting on November 8, 2011, are hereby approved and adopted. SECTION 2. That TPCO is a "qualified business" as defined in Section 2303.402 of the Act and meets the criteria for designation as a triple jumbo enterprise project as set forth in the Act. SECTION 3. That the enterprise project shall take effect on the date of designation of the enterprise project by the EDT and terminate on December 1, 2016. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor APPROVED: to day of Oc+oterr.- , 2011. 011.40 L. Brian arvae First Assistant City Attorney For City Attorney Page 3 of 3 Corpus Christi, Texas of , 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal David Loeb John Marez Nelda Martinez Mark Scott Page 1 of 5 AN ORDINANCE AUTHORIZING THE CITY OF CORPUS CHRISTI TO PARTICIPATE IN THE TEXAS ENTERPRISE ZONE PROGRAM UNDER THE TEXAS ENTERPRISE ZONE ACT, CHAPTER 2303, TEXAS GOVERNMENT CODE (ACT); PROVIDING TAX INCENTIVES; REQUESTING THAT CORPUS CHRISTI 2000 ENTERPRISE ZONE REMAIN IN EFFECT; NOMINATING CITGO REFINING AND CHEMICALS COMPANY, L. P. TO THE OFFICE OF THE GOVERNOR ECONOMIC DEVELOPMENT & TOURISM (EDT) THROUGH THE ECONOMIC DEVELOPMENT BANK (BANK) FOR DESIGNATION AS A QUALIFIED BUSINESS AND TRIPLE JUMBO ENTERPRISE PROJECT (PROJECT) UNDER THE ACT; DESIGNATING A LIAISON FOR OVERSEEING ENTERPRISE PROJECTS AND COMMUNICATING WITH INTERESTED PARTIES; AND DECLARING AN EMERGENCY. WHEREAS, the City of Corpus Christi, Texas ("Corpus Christi") desires to create the proper economic and social environment to induce the investment of private resources in productive business enterprises located in severely distressed areas of the City and to provide employment to residents of those areas; WHEREAS, the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code, as amended, (the "Act") authorizes the designation of enterprise projects within an enterprise zone (or, if the requirements of Section 2303.402 (a) (2) of the Act are met, within an area that does not qualify as an enterprise zone); Whereas, under the 2003 amendments to the Act, the Act is now administered by The Office Of The Governor Economic Development & Tourism (EDT) through the Texas Economic Development Bank (Bank); Whereas, the City has a previously -designated enterprise zone, Corpus Christi 2000 Enterprise Zone, approved by EDT's predecessor agency, the Texas Department of Economic Development, on January 9, 1998, and scheduled under the Act (before the 2003 amendments) to expire on September 1, 2005; and the City requests that this Enterprise Zone remain in effect indefinitely, as authorized by Section 2303.109 of the amended Act, so long as the area qualifies under the amended Act; WHEREAS, with proper notice to the public, a public hearing to consider this ordinance was held on Tuesday, October 14, 2003, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and i s1f_EG-DIR\DoyleD.Curtis\MYDOCS120031Economic.Developm\Enterpri.seZoneV100803DC.Nominati.ngGITGO.Project,Ord.doc 0f2 5 5 t 3 —541— Page 2 of 5 WHEREAS, the City Council has determined that passage of this ordinance would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City is authorized to participate in the Texas Enterprise Zone Program under the 2003 amendments to the Act. As required by Section 2303.4051 (b) of the Act, the City's local incentives available in each area within an enterprise zone and in each area not in an enterprise zone are identified and summarized briefly in the attached Exhibit A; and at least one of the local incentives is unique to the enterprise zone area. The City is in full compliance with the Act. SECTION 2. The City finds that the City has a previously -designated enterprise zone, Corpus Christi 2000 Enterprise Zone ("Enterprise Zone"), approved by EDT's predecessor agency, on January 9, 1998, and scheduled under the Act (before the 2003 amendments) to expire on September 1, 2005; and the City requests that this Enterprise Zone remain in effect indefinitely, as authorized by Section 2303.109 of the amended Act, so long as the area qualifies under the amended Act. SECTION 3. The City finds that CITGO REFINING AND CHEMICALS COMPANY, L.P (CITGO), or its successor in interest, meets the criteria for designation as an enterprise project under the Act on the following grounds: (a) CITGO is located in the Enterprise Zone and CITGO is a "qualified business" under Section 2303.402 of the Act because CITGO is engaged in the active conduct of a trade or business in the Enterprise Zone and at least twenty-five (25%) percent of its new employees in the Enterprise Zone are residents of an enterprise zone in this state or economically disadvantaged individuals; (b) According to the 2000 Census, the CITGO business facility is located in Census Tract 6, Block Group 1 (88% poverty) and Census Tract 50, Block Group 1 (37% poverty). These two Block Groups exceed the 20% poverty level described in Section 2303.101 of the Act. Therefore, these two block Groups automatically qualify for designation as an enterprise zone; (c) The CITGO project is qualified under Section 2303.404 of the Act because (1) it involves "an expansion, renovation, or new construction'; (2) it will be completed within a predetermined period not to exceed five years; and (3) the CITGO subsidiary maintains separate books and records for the Corpus Christi refinery operations; (d) There has been and will continue to be a high level of cooperation between public, private, and neighborhood entities within the jurisdiction of the City of Corpus Christi; 1:1LEG-D1RIDoyIeD.Curtis\MYDQCS120031Economic.DevelopmlEnterpri.seZone1100803DC.Nominati.ngCITGO.Project.Ord.doc Page 3 of 5 (e) The designation of CITGO as an enterprise project will contribute significantly to the achievement of the plans of the City for development and revitalization of the area in which the enterprise project will be located; and (f) CITGO qualifies for job retention benefits under Section 2303.406 (a) (4) (G) because CITGO is both adding a new business line or product and deleting or decreasing an existing business line or product; and the designation will prevent CITGO's net production capacity from decreasing and will result in the retention of at least 500 existing jobs. SECTION 4. The City finds that CITGO qualifies as a Triple Jumbo Enterprise Project as defined in Section 2303.407 (b) (8) and Section 2303.407 (d) of the Act because CITGO will be making a capital investment in a project in excess of $250,000,000. The City finds that it is in the best interest of the City to nominate CITGO as a Triple Jumbo Enterprise Project under the Act. SECTION 5. The City finds that CITGO meets the criteria for tax relief and other incentives adopted by the City and hereby nominates CITGO as a Triple Jumbo Enterprise Project in accordance with the Act on the grounds that it will be located wholly within the Enterprise Zone, and will create a higher level of employment, economic activity and stability. As required by Section 2303.4051 (c) (2) of the Act, the City's local incentives, including tax incentives, that , at the election of the City Council, are or will be made available to CITGO, the nominated project, are identified and summarized briefly in the attached Exhibit B. SECTION 6. The City designates the City Manager or his designee as liaison to oversee enterprise projects nominated by the City and to perform the other duties described in Section 2303.204 of the Act. The City authorizes the City Manager or his designee to file an application requesting designation of CITGO as a Triple Jumbo Enterprise Project with the Texas Economic Development Bank (Bank), and to execute all documents and agreements necessary to process the application. Further, the City directs the City Manager or his designee to submit to the Bank the information required by section 2303.4052 of the Act and to execute all documents and agreements necessary for the City to participate in the Texas Enterprise Zone Program under the 2003 amendments to the Act. SECTION 7. Upon approval of the Bank, the Triple Jumbo Enterprise Project will be named CITGO-CORPUS CHRISTI Project. SECTION 8. The Enterprise Project designation must be for a predetermined designation period approved by the Bank, with a beginning date and ending date for the Project; and the designation period for the Project may not exceed five (5) years from date on which the designation is made, as required by Section 2303.404 of the Act. CITGO and the City request that the Bank approve January 1, 2004, as the beginning date and December 31, 2008, as the ending date of the Project. 171LEG-DIR\DayleD.Curtis\MYDOCSU0031t=conomic.Devetopm\Enterpri.seZone11©OBo3DC.Nomi nati.ngCITGO.Project.Ord.doc Page 4 of 5 SECTION 9. The enterprise zone areas within the City are reinvestment zones in accordance with the Texas Tax Code, Chapter 312. SECTION 10. The Corpus Christi areas that meet the 2003 requirements in Section 2303.101 of the Act for automatic qualification for designation as an enterprise zone are shown in the attached Exhibit C. SECTION 11. 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 as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 14th day of October, 2003. Armando Chapa City Secretary AIIOVED October 20 Doyle D urtis Chief, Asministrative Law Section Senior Assistant City Attorney For City Attorney THE CITY OF CORPUS CHRISTI Samuel L. Neal, Jf. Mayor, The City of Corpus Ch isti t:1LEG-DIR1DoyleD.CurtisIMYDOCS120g31Economic, Deve[opm\Enterpri.seZone11008030C. Naminati.ngClTGO.Project.Ord,doc —544— Page 5 of 5 Corpus Christi, Texas F ILF day of Of be , 2003. 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, Samuel L. Neal, Jr., M The City of Corpus Chri Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. 1 Brent Chesney Javier O. Colmenero CUip Melody Cooper Henry Garret al/P William Kelly 11" 0" Rex A. Kinnison CI -VP Jesse Noyola CbCP Mark Scott 1:1LEG-0IR1DoyIeD.Curtis1MYDDCS120031Economic.0evelopm\Enterpri.seZone110d803DC_Nominati.ngCITGO.Project.Ord.doc —545— Page 1 of 2 Exhibit A Incentives offered by the City of Corpus Christi 4:1LEG-DI R\Doyle D. Curtis\MY DOC S120031Economic. DevelopmlEnterpri. seZone1100803PG. F2evDC. Exh ibitA.ToOrd.doc Name of Incentive Description of Incentive Availability 1. Business and Job Development Corporation business incentives As approved by the Board - funds for loan participation, guarantees, direct low interest loans, rent subsidies, relocation, moving expenses, job training According to investment As approved by Business and Job Development Corporation. As approved by City Council 2. Tax Abatement 3. Section 108 Loan Guarantee Loan Guarantee Benefiting low income individuals, eliminating slum and blight or addressing an immediate need 4. Community Development Block Grant Grant Funds Benefiting low income individuals, eliminating slum and blight or addressing an immediate need 5. Department of Commerce — Economic Development Administration Grant for Public Works Grant Funds Citywide 6. Environmental Clean up costs deduction Deduct costs of environmental clean up Citywide , 7. Tax Exempt Revenue Bonds Bonds Citywide 8. Environmental Clean- up Costs Deduct qualified clean up costs Citywide 9. HUB Zone CTS 59, 56.02, 8, 17, 16.02, 16.01, 9, 15, 10, 13, 12, 50, 7, 11, 5, 4, 3) 10 Welfare to Work Wage Credit Credit of up to $8,500 per employee Employee must be certified through the State of Texas 4:1LEG-DI R\Doyle D. Curtis\MY DOC S120031Economic. DevelopmlEnterpri. seZone1100803PG. F2evDC. Exh ibitA.ToOrd.doc Page 2 of 2 11 Work Opportunity Wage Credit Credit up to $2,400 per employee Employee must be certified through the State of Texas 12 New Markets Tax Credit Credit of up to 39% to investors In census tracts with 20% poverty or greater 13 Authorize the City Manager to engage in certain public/private partnerships with, proposed enterprise zone projects for purposes of offering incentives unique to the proposal. Texas Enterprise Zone 14 Enterprise Zone Expeditor Expeditor Texas Enterprise Zone 15 Enterprise Zone Signage Program Signage Texas Enterprise Zone 16 Industrial District Payment in lieu of taxes Texas Enterprise Zone — Industrial District 17 Corpus Christi Foreign Trade Zone #122 Not subject to Customs duties or certain excise taxes. Texas Enterprise Zone - Port of Corpus Christi 18 Increased Section 179 Deduction Deduct additional $35,000 on machinery and equipment Texas Enterprise Zone — Renewal Community 19 Renewal Community Commercial Revitalization Deduction Depreciate 50% of the total qualifying expenditure in the first year the building is placed in service or depreciate over 120 months. Texas Enterprise Zone — Renewal Community 20 Renewal Community Wage Credit Credit of up to $1,500 per employee Exclusion from Capital Gains Texas Enterprise Zone — Renewal Community Texas Enterprise Zone — Renewal Community 21 Zero Percent Capital Gains 1:1LEG-D I RIDoyieD. C urti s1MYDOCS120031Economic. Devel opmlEnterpri_seZone1100803PG.RevDC.Exh ibitA.ToO rd. doc Page 1 of 1 Exhibit B Incentives that may be considered and offered by the City of Corpus Christi to Nominated Texas Enterprise Zone Projects 1) Name of Incentive Authorize the City Manager to engage in certain public/private partnerships with proposed enterprise zone projects for purposes of offering incentives unique to the proposal. Description of Incentive Availability Texas Enterprise Zone 2) Enterprise Zone Expeditor Expeditor Texas Enterprise Zone 3) Enterprise Zone Signage Program Signage Texas Enterprise Zone 4) Industrial District Contract for Payment in lieu of taxes Texas Enterprise Zone — Industrial District 5) Corpus Christi Foreign trade Zone #122 Not subject to Customs duties or certain excise taxes. Texas Enterprise Zone - Port of Corpus Christi Texas Enterprise Zone- Renewal Community Texas Enterprise Zone- Renewal Community 6) Increased Section 179 Deduction Deduct additional $35,000 on machinery and equipment Depreciate 50% of the total qualifying expenditure in the first year the building is placed in service or depreciate over 120 months. 7) Renewal Community Commercial Revitalization Deduction 8) Renewal Community Wage Credit Credit of up to $1,500 per employee Texas Enterprise Zone- Renewal Community 9) Zero Percent Capital Gains Zero Percent Capital Gains Texas Enterprise Zone- Renewal Community 1:1LEG-DI R1DayleD.Curtis1MYDOCS120031EconomicnevelopmlEnterpri.seZone1100803PG. RevDC.ExhibitB.Toard.doc Page 1 of 3 Exhibit C Corpus Christi Areas meeting the 2003 Requirements for Texas Enterprise Zone (Sections 2303.101 and 2303.109) Census Tract 1 (See note at end of chart) Black Group 1 Designation Renewal Community (expires 12109) 1 (See note at end of chart) 1 Texas Enterprise Zone (expires 9/05) 3 1 Census block group with 20% poverty or greater 3 2 Census block group with 20% poverty or greater 3 1, 2 Renewal Community (expires 12/09) 3 1, 2 Texas Enterprise Zone (expires 9/05) 4 1 Census block group with 20% poverty or greater 4 2 Census block group with 20% poverty or greater 4 3 Census block group with 20% poverty or greater 4 1, 2, 3 Renewal Community (expires 12/09) 4 1, 2, 3 Texas Enterprise Zone (expires 9/05) 5 1 Census block group with 20% poverty or greater 5 1 Texas Enterprise Zone (expires 9/05) 6 1 Census block group with 20% poverty or greater 6 3 _ Census block group with 20%poverty or greater 6 4 Census block group with 20% poverty or greater 6 5 Census block roup with 20% poverty or greater 6 (See note at end of chart) 1, 2, 3, 4, 5, 6, 7, 6 Texas Enterprise Zone (expires 9/05) 7 1 Census block group with 20% poverty or greater 7 1 Texas Enterprise Zone (expires 9105) 7 (See note at end of chart) 2 Texas Enterprise Zone (expires 9/05) 7 3 Census block group with 20% poverty or greater 8 1 Census block group with 20% poverty or greater 8 1 Texas Enterprise Zone (expires 9/05) 8 (See note at end of chart) 2 Texas Enterprise Zone (expires 9/05) 8 3 Census block group with 20% poverty or greater 8 3 Texas Enterprise Zone (expires 9/05) 9 1 Census block group with 20% poverty or greater 9 2 Census block group with 20% poverty or greater 9 3 _ Census block group with 20% poverty or greater 9 4 Census block group with 20% poverty or greater 9 5 Census block group with 20% poverty or greater 10 1 Census Mock group with 20% poverty or greater 10 2 Census block group with 20% poverty or greater 10 3 Census blockproup with 20% poverty or greater 10 4 Census block group with 20% poverty or greater 10 1, 2, 3, 4 Renewal Community (expires 12/09) 10 1, 2, 3, 4 Texas Enterprise Zone (expires 9105) 11 1 Census block group with 20% poverty or greater 11 2 Census block group with 20% poverty or greater 11 1, 2 Renewal Community (expires 12/09) 11 1, 2 Texas Enterprise Zone (expires 9/05) 12 1 Census block group with 20% poverty or greater 12 1 Texas Enterprise Zone (expires 9/05) 12 2 Census block group with 20% poverty or greater 12 2 Texas Enterprise Zone (expires 9/05) 12 3 Census block group with 20% poverty or greater 12 3 Texas Enterprise Zone (expires 9/05) 13 1 Census block group with 20% poverty or greater 13 2 Census block group with 20% poverty or greater 13 3 Census block group with 20% poverty or greater 13 4 Census block_group with 20% poverty or greater -1:1LEG-DIR1DoyleD.Curtis\MYDOCS220031Economic.DevelopmSEnterpri.seZone1100803PG.RevDC.ExhibitC.ToOrd.doc —549— 14 15 15 15 Page 2 of 3 2 Census block group with 20% poverty or�reater 1 Census block group with 20% poverty or greater 2 Census block group with 20% poverty or greater 15 16.01 3 Census block group with 20% poverty or greater 4 Census block group with 20% poverty or greater 16.01 16.01 16.01 16.02 16.02 16.02 17 17 17 17 17 17 17 17 17 1 Census block group with 20% poverty or greater 2 Census block group with 20% poverty or greater 3 Census block group with 20% poverty or greater 4 Census block group with 20% poverty or greater 1 Census block group with 20% poverty or greater 2 Census block group with 20% poverty or greater 3 Census block group with 20% poverty or greater 1 Texas Enterprise Zone (expires 9/05) 2 Census block group with 20% poverty or greater 2 Texas Enterprise Zone (expires 9/05) 3 Texas Enterprise Zone (expires 9/05) 4 Census block group with 20% poverty or greater 5 Census block group with 20% poverty or greater 6 Census block group with 20% poverty or greater 7 Census block group with 20% poverty or greater 18.01 18.01 18.01 18.01 7 Texas Enterprise Zone (expires 9/05) 1 Census block group with 20% poverty or greater 4 Census block group with 20% poverty or greater 4 Texas Enterprise Zone (expires 9/05) 18.01 18.02 5 Census block group with 20% poverty or greater 5 Texas Enterprise Zone (expires 9/05) 19.01 19.01 19.01 19.01 19.01 19.02 1 Census block group with 20% poverty orpreater 3 Census block group with 20% poverty or greater 4 Census block group with 20% poverty or greater 5 Census block group with 20% poverty or greater 6 Census block group with 20% poverty or greater 7 Census block group with 20% poverty or greater 19.02 20 1 Census block group with 20% poverty or greater 2 Census block group with 20% poverty or greater 20 20 20 20 1 Census block group with 20% poverty or greater 3 Census block group with 20% poverty or greater 5 Census block group with 20% poverty or greater 6 Census block group with 20% poverty or greater 21 21 7 Census block group with 20% poverty or greater 4 Census block group with 20% poverty or greater 22 22 23.01 5 Census block group with 20% poverty or greater 2 Census block group with 20% poverty or greater 4 Census block group with 20% poverty or greater 27.03 30 2 Census block group with 20% poverty or greater 4 Census block group with 20% poverty or greater 30 30 31 2 Census block group with 20% poverty or greater 3 Census block group with 20% poverty or greater 4 Census block group with 20% poverty or greater 33.01 7 Census block group with 20% poverty or greater 33.02 34.01 1 Census block group with 20% poverty or greater 2 Census block group with 20% poverty or greater 34.02 35 38.01 36.02 36.03 1 Census block group with 20% poverty or greater 3 Census block group with 20% poverty or greater 2 Census block group with 20% poverty or greater 4 Census block group with 20%poverty orrc reater 2 Census block group with 20% poverty or greater 3 Census block group with 20% poverty or greater 1:1LEG-D I R1DayfeD.Curtis\MYDOCS120031Economic. QevelopmlE nterp ri. seZon e1100803PC.RevDC. ExhibitC.ToO rd. doc -550- Page 3 of 3 50 1 Census block group with 20% poverty or greater 50 (See note at end of chart) 2 (place 9999) Texas Enterprise Zone (expires 9/05) 54.06 1 Census block group with 20% poverty or greater 56.01 3 Census block group with 20% poverty or greater 56.01 4 Census block group with 20% poverty or greater 56.01 5 Census block group with 20% poverty or greater 56.02 1 Census block group with 20% poverty or greater 56.02 2 Census block group with 20% poverty or greater 56.02 3 Census block group with 20%poverty or greater 56.02 5 Census block group with 20% poverty or greater 56.02 6 Census block group with 20% poverty or greater 56.02 7 Census block group with 20% poverty or greater 58.02 1 Census block group with 20% poverty or greater 59 1 Census block group with 20% poverty or greater 59 2 Census block group with 20% poverty or greater Note: A Census Tract marked "(See note at end of chart)" denotes an area that upon expiration of the designation will be subject to the 20% poverty rule for continuation in the Texas Enterprise Zone (numbers in bold italics [1, 2, 3, 4, 5, 6, 7, 8] indicate the affected block groups in the census tract). {:\LEG-DIR\Doyl eD.CurtislMYDOC 5120031Econornic. DeveloprnlEnterpri.seZone1100903PG.RevDC. ExhibitC.ToOrd.doc rx -551- State of Texas County of Nueces ) ) PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 4703557 PO # ;r' 03 Or.7 22 PH 4f1 Before me, the undersigned, a Notary Public, this day personally came Diana Hinojosa, who being first duly sworn, according to law, says that she is Credit Manager of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO, which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times and on the World Wide Web on the Caller -Times Interactive on the 20TH day(s) of OCTOBER, 2003. $120.55 TWO (2) Time(s) LJai&U.00�7f�,SGL, 0- Credit Manager Subscribed and sworn to me on the date of OCTOBER 21, 2003. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23)05. -552- Corpus Christi Caller -Times, Monday, October 20, 2003/01 DICE OF PASSAGE OF ORDINANCE NO. 025513 Ordinance authorizing the City of Corpus Christi to participate In the Texas Enterprise Zone Program under the Texas Enterprise Tone Act, Chapter 2303, Texas Government • Code (MI); providing tax incentives: requeeling that Corpus Christi 2000 Enterprise Zona remain In effect nominating CITGO Refining and Chemicals Company. LP, to the Office of the Governor Economic Development and Tourism (EDT) through the Economic Development Bank (Bank) for designation as a Qualified Business and Triple Jumbo Enterprise Proj- ect (Pro)sc1) under the Act; and daslgnatln9 a liaison for overseeing Enterprise Projects and communicating with interested parties. This ordinance was passed and approved by the City Council of the City of Corpus Christi on October 1a, 2003. /e! Armando Chapa City Secretary City of Corpus Christi -553- 37 AGENDA MEMORANDUM for the City Council Meeting of November 8, 2011 DATE: October 26, 2011 TO: Ronald L. Olson, City Manager FROM: Keith Arnold, CEO Corpus Christi Convention and Visitors Bureau KArnoid(a,visitcorpuschristitx. orq (361) 881-1888 UPDATE TO CITY COUNCIL — Corpus Christi Convention and Visitors Bureau (CCCVB) Quarterly Update STAFF PRESENTER(S): Name 1. None 2. 3. OUTSIDE PRESENTER(S): Title/Position Department Name Title/Position Organization 1. Keith Arnold CEO CCCVB 2. 3. BACKGROUND: The Corpus Christi Convention and Visitors Bureau presents a quarterly report to City Council upon their request. LIST OF SUPPORTING DOCUMENTS: PowerPoint Approvals: Eddie Houlihan, Assistant Director of Management and Budget Rudy D. Garza, Assistant City Manager —557— Corplls Cliristi 1.4 UPPEIi_PADHI! JSLANI) Corpus Christi City Council FA Fiscal Year 2010-2011 Report "IV 4-.441104111L-1 VAIELierr-- November 8, 2011 Mission: "To Drive Overnight Visitor$ to the Corpus Christi Area" Corpus Christi Convention & Visitors Bureau • www.VisitCorpusChristiTX.orq 1 Corplls Cliristi UPPIRPADHI! iso o Visitor Trends 104,000 103,342 81,963 78,000 63,656 58,951 52,000 26,000 47,395 39,917 28,443 23,654 Texas State Aquarium 28, 1016,279 12,61 15,519 6'6014,0044,2562,7122,881 ,6014,0044,2562,7122,88I USS Lexington Museum of Science & History July 2010 July 2011 • August 2010 August 201 1 September 2010 September 2011 Corpus Christi Convention & Visitors Bureau • www.VisitCorpusChristiTX.org 2 Corpus Christi uiiiii I'ADRI! ISLAND Industry Travel 7 Smith Travel Research (STR) Occupancy RevPar Occupancy Change % RevPAR Change % September 2011 56.0 % 44.87 21.7 22.9 September 2010 46.1 % 36.51 YTD 2011 60.5 % 49.82 12.1 10.3 YTD 2010 54.0 % 45.17 Corpus Christi Convention & Visitors Bureau • www.VisitCorpusChristiTX.org 3 CorpllsChr!st! 1.4 UPPER is HOT Collections • HOT Collections for the fiscal year ending July 2011 yielded the highest return ever since reporting began with $8, 302,175. • January, February and March saw peak month collection: while August, November and April achieved their 'econd highest collections ever. Mr° $8, 302,175 x 14.29 = $118,638,680 = 44 % of Visitor Expenditures (Hotel Sales) 56% of Visitor Expenditures = $150,994,683 (Retail, Dining, Attractions, Transportation, etc.) 1..16111V ": --"*P1114 Total Visitor Expenditures = $269,633,363 Corpus Christi Convention & Visitors Bureau • www.VisitCorpusChristiTX.org 4 _ CorpllsChr!st! 1.4 urriiii is Year-End Convention and Sports Sales 71,ikis 900,000 Room Nights =120,000 Delegates x $143.00 per day spending x 2.5 days (average stay) $42,900,000 ROI, Corpus Christi Convention & Visitors Bureau • www.VisitCorpusChristiTX.orq 5 Corpus Christi Convention & Visitors Bureau • www.VisitCorpusChristiTX.org Corplls Cliristi t urn IjJpADRI:ISLAND Convention Sales Team and Goals Keith Arnold President/CEO \p/ i Market(s): 1. Net new city-wides 2. Net new multi -hotel sport groups Vanessa Hager Convention Sales Director, State of Texas Market(s): 1 1.Austin-based accounts 2. State of Texas Associations (Non- SMERF) Erica Lozano Senior Sales Manager r Market(s): 1 1. SMERF (national and state) 2.Third-party meeting planners (State ofTexas) Senior Sales Manager Market(s): 1. National accounts 2. Multi -state regional accounts 3. Sports 4.Third-party meeting planners (not based in Texas) 1 Goal: 10,000 room nights Goal: 29,000 room nights Yvette Holcomb Convention Services Manager \wt7 Market(s): 1. Recurring multi -hotel groups Goal: Ongoing 6 Corpus Christi uiiiii PADIIIE ISI.ANI) 2010-2011 Advertising Budget $300,000 $251,000 $202,000 $153,000 $104,000 $55,0001 $6,000 27% 14 0 Media Mix Percentages • Convention Magazines • Visitor Outdoor Visitor Inserts • Visitor Online • Visitor Broadcast Visitor Magazines • Production i1 -Ar SEPT.OCT. NOV. DEC. JAN. FEB. MAR. APR. MAY JUN. J L AUG. L. Monthy Media Expense Corpus Christi Convention & Visitors Bureau • www.VisitCorpusChristiTX.orq Corpus Christi uiiiii PADRI! ISLAND Co -Op Advertising - Billboards VisitCorpusChristiTX.org Corpus Christi Convention & Visitors Bureau • www.VisitCorpusChristiTX.org 8 Corpus Christi uiiiii I'ADRI! ISLAN1) Corpus Christi First Branding web 1)[ rri I r if JI Discover Downtown First Weekend of Every Month Corpus Christi Convention & Visitors Bureau • www.VisitCorpusChristiTX.org 9 Corplls Cliristi 1.4 u UPPEIi_PADHI!ISLANI) Beach Maintenance Branding and Initiatives • Ongoing communication with City and County to optimize consistency and efficiency of beach maintenance • Working with Parks and Recreation department to create "Natural Beach" signage to appeal to nature tourists JjP.W.11 Jr 1�0.40.111 .$ JP ,011LIP, AP 4X4 RECOMMENDED Designated `t NATURAL �L EAC �- 'I'AAIKE YOU1i. 'TRASH Corpus hrisG� UPPER I�P6Rf ISLAXU Corpus Christi Convention & Visitors Bureau • www.VisitCorpusChristiTX.orq 10 Corplls Cliristi tUPPIRPADHI! is Leisure and Nature Travel • The Certified Tourism Ambassador program has a customized curriculum which focuses on culture, history, attractions, directions and the power of tourism. • Trains front line employees to turn every visitor encounter into a positive experience. • There are 25 CTAs to date with classes scheduled monthly. • A total of 50 Certified Wildlife Guides have completed the certification program. • We are currently creating online packaging segments to establish nature, seasonal, festival and events driven promotions throughout imp the year. Corpus Christi Convention & Visitors Bureau • www.VisitCorpusChristiTX.org 11 Corplls Cliristi )1t4 UPPIR_PADRI! is Interactive Marketing - Website • The Corpus Christi CVB website reached its highest ever Google Analytics reported numbers through the fiscal year ending July 31, 2011. • VisitCorpusChristiTX.org received 25,915,870 hits, 731,773 unique visits and 426,820 unique visits from Google alone. Ow - Website August 2011 August 2010 September 2011 September 2010 Hits Urchin 2,564,397 71,145 1,874,269 58,144 1,717,698 48,556 1,352,223 46,641 Google 43,797 33,420 30,463 24,052 Corpus Christi Convention & Visitors Bureau • www.VisitCorpusChristiTX.org 12 Corplls Cliristi 1.4 uPP PADRI! ISLANI) Interactive Marketing - e -Mail Marketing • Our e -Mail marketing campaign generated over 46,000 opt -ins to receive further, consistent communications from the CVB with over 30,000 of the audience re-engaging interest with the Corpus Christi destination. ,• Corpus �Chrisli BEACHES + RETAIL THERAPY What's avocation without a day nit -mood -boosting consumerism? Break out the bank card and go hog wild over the latest fashion in beach or evening wear at one of Corpus Christi's comfortable air-conditioned malls. Stroll through La Palmers featuring mre than 100 retail stores and specialty shops. Md be sure to swing by the new P.F. Chang's Bistro for lunch or dinner- It's The perfect cap to a satisfying stay In Corpus Christi - For the latest in Tashion, CLICK HERE Beaches + Hot Live Music !two eyes are on Corpus Christi, you're looking at incredible live country music. Grab your ten-gallon hat, slip on your best cowboy boots and kick oft Memorial Bay weekend with a smoking performance by country star Kevin Fowler at the Concrete Street Amphitheater on May 28- And on May 29, get ready for some !titer jams at the Rouse of Rock with a triple 011 of Killing in Apathy, Ready the Messenger and Thieves. A • 5 Night Wstoiffzed, first for Y01,/1 Whether for business or pleasure_ 'Corpus Christi/Upper Padre Island is all about providing unique personal experiences._ antl now we're giving away a customized unique vacation focusing on your favorite activities! Entry Is FREE Winning Is FUN! Ngieer Now. 1. How many times a year do you travel for business and pleasure/leisure (please note both)? Business: 0 - Leisure: 0 2. Do your vacation trips normally include tamiliy members (children, extended family, etc.)? 0 Children (select ages) © 0-5years © 5-12 years 012-10years © 16, years 0 Extended Family Grandparents © Siblings anatheirfamhy andlorhlends 3. Please rate the following, in order of importance, when deciding en a destination Overall cost otdesnnauon' Qualify accommodations. within drisng distance of home. Cultural offerings (museums, the arts, etc)'. Sporting activities'. Natural Beauty: OLL L(l1 8L L L L L L 41- L L L �L L L L 8l l L L L l V3,L l ull 4. Have you previously visited Corpus Christi? 0 yes (check all that apply) O For -Business ▪ ForVacaton 0 No 5. In your profession, are you responsible for the planning of meetings, events or social activities? 0 yes O No 0 I agree to Ole Terms and Conditions [ Finish and Refer Your Friends 1 WEEFKCE usfootized, jug% for '70/1.' Corpus Christi Convention & Visitors Bureau • www.VisitCorpusChristiTX.orq 13 Corpus Christi uiiiii I'ADRI! I$LANI) Online Sales and Marketing ____ Take Your Convention With A Grain of Sand... Ammons 1II� THE PALM OI 'I'll 111II t Il I )1 IJPPE:R I'A111: IS14.1wCIl 1 1 trrr11.1 Corp u s hui s ti ARE hristi orplls hoist PPER1rPADR[ ISLA I? [Corushristi) Corpus Christi Convention & Visitors Bureau • www.VisitCorpusChristiTX.org 14 Corplls Cliristi 1.4 u UPPEIiPADHI! is Destination Accolades • ASBPA Best Restored Beach Award Corpus Christi Beach & McGee Beach 2011 • Official Best of Texas Coastal Destination 2010 Where to Retire "8 Energizing Outdoor Havens" Corpus Christi 2011 • Trip Advisor -Corpus Christi # 7 Place to Discover in the U.S. 2011 • Shutterfly-Corpus Christi # 8 Joyous City in the U.S. 2011 • Coastal Living Best Coastal Bike Trails 2011 • Forbes Magazine -Corpus Christi #2 Best City for Jobs 2011 Discover Boating -Corpus Christi #1 Hot Spot in Texas 2011 • `America's Birdiest City' 2011 P • America's Birdiest Coastal Community 2011 • Two staff members completed TTIA Tourism Travel College Corpus Christi Convention & Visitors Bureau • www.VisitCorpusChristiTX.orq 15 Corplls Cliristi t UPPEIi_PADHI! JSLANI) Lo okin9r Forward " ` to Our Continued Partnership!!! 1-1 Mission: "To Drive Overnight Visitor$ to the Corpus Christi Area" Corpus Christi Convention & Visitors Bureau • www.VisitCorpusChristiTX.orq 16 38 AGENDA MEMORANDUM for the City Council Meeting of November 8, 2011 DATE: November 8, 2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E. Director of Engineering Services petean@cctexas.com, (361)826-3781 UPDATE TO CITY COUNCIL — Destination Bayfront STAFF PRESENTER(S): Name 1. Oscar R. Martinez 2. Dan Biles 3. OUTSIDE PRESENTER(S): TitlelPosition Department Assistant City Manager Safety, Health, Neighborhoods Assistant Director Engineering Svcs Name Title/Position Organization 1. J.J. Hart Board Member Destination Bayfront Committee 2. Toby Futrell Board Member Destination Bayfront Committee 3. BACKGROUND: This is an update to City Council on the progress of the Destination Bayfront Design Team Selection LIST OF SUPPORTING DOCUMENTS: (E.g. PowerPoint, report) PowerPoint Presentation Approvals: Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager unCity of Corpus Christi Bayfront Development Plan Phase 3 Council Presentation November 8, 2011 Placemaking at Destination Bayfront City ofCorpus Christi Making Your City Great. tiuud 2003 1 ��City of Corpus Christi Purpose of Presentation — In June of 2011 the City Council approved an MOU with Destination Bayfront which authorized DB to create and execute a RFQ for design and planning services. The deliverable from the chosen design team is a Master Implementation & Phasing Plan (MIPP). — The MIPP provides the necessary concept and schematic design work to move the project to funding. It also develops the "business plan" which creates individual plans for: (a) raising capital to build the park, (b) revenue to operate the park, and (c) an operating and expense budget for managing the park. City of Corpus Christi Making 1'n�u Cily C]rtnt. IiaidlIXlA 2 1WRFQProcess y of • Design Team Selection Process — Request for Qualifications Issued on July 25th — 15 Statements of Qualifications Received by our deadline of September 2nd — Design Team Selection Committee short-listed 6 firms on September 26th • AECOM • Bjarke Ingels Group • Hargreaves Associates • James Corner Field Operations • OLIN • Thomas Balsley Associates — The Committee held interviews on October 12th and 13th with finalist announced on October 14th Cay of Corpus Christi Making Your City Grist &nd2008 3 Wifs Chisti ,..� RFQ Process • Design Team Selection Committee — Committee Members: • Dan Biles • Marco Castillo • Bonnie Conner • Toby Futrell • Gabe Guerra • Gloria Hicks • Oscar Martinez • Stacie Talbert • Bob Wallace Assistant Director Engineering Services Coordinating Officer, The John G and Marie Stella Kenedy Memorial Foundation Retired; Vice President of San Antonio Parks Foundation Retired City Manager of Austin, Texas Executive Vice President Kleberg Bank, President Westside Business Association CPA Ed Hicks Imports of South Texas and Community Volunteer Assistant City Manager Assistant Director Parks & Recreation Attorney and Chairman Coastal Bend Bays & Estuaries Program Cityo(Corpus Christi Making Your City Great. Bond 2008 4 Project Team City of Corpus Christi + DESTINATION BAYFRONT ORGANIZERS LEAD CONSULTANT HARGREAVES ASSOCIATES r-- Mary Margaret Jones, Sr. Principal in Charge Lara Rose, Senior Associate, Project Manager Jacob Peterson, Technical Principal TECHNICAL NAISMITH ENGINEERING Civil/ Survey/ Maritime John Michael, PE, Principal in Charge NRG ENGINEERING Electrical Engineering/ MEP LNV ENGINEERING Structural Engineering SHERWOOD DESIGN ENGINEERS Site Sustainability DESIGN LAKE FLATO Architect Ted Flato, Principal TURNER, RAMIREZ & ASSOCIATES Architect & Local Liaison Philip Ramirez, Partner LAUREN GRIFFITH ASSOCIATES Local Landscape Architect Lauren Griffith, Principal PUBLIC OUTREACH 3DD RESULTS Public Outreach Debbie Lindsey -Opel, President ECONOMICS, PROGRAMMING & OPERATION HR&A Advisors Economics Jamie Springer, Partner ETM Associates Operations & Maintenance Tim Marshall, President AGCM Cost Estimating BATES COMMERICAL Real Estate SUSANNE THEIS Programming 1 Sample World Class Parks by Design Team Central Park, Discovery Green, Houston - 12 acres .- ..7 -1.4 -2.1 -.R.:_14./17.4. -Ax.--- -..,.._.:•.- ..,,,,-..,..,-._,,,,,.-..... _ .`57.-.. 1 -i ' :::::,1%4 -.-;-**''•• %Iv 111 1 -1:15j.t. --• W ''''.:::41-'-. • • / - • '7 - _ \ - • - Sample World Class Parks by Design Team EnCity of Corpus = Christi Community Vision of Site Activities "Placernaking at Destination Bayfront" Shoreline Road Realignment Programming & Concept Design PROJECTKICKOFF, SITEANALYSIS, PROGRAMMING, OFF-SITE STUDIES - Site Analysis& Programming - Preliminary Economic Study - Shoreline Drive Coordination & Input - South Central Development Plan Coordination and Input CONCEPTDESIGN (ENTIREPARK) - Preliminary Concept Design - Preliminary Data Gathering - Local O&M Issues &Costs - Final Concept Design - Park NamingStrategy - Draft Revenue&Capital Funding Strategies (for entire park) - Draft Operations & Maintenance Budgets (for entire park 2011: Dec 2012: Jan -- Feb-- March -- April Design Phase Programming Project Roadmap Schematic Design for Park SCHEMATIC DESIGN (ENTIRE PARK) - 50% Schematic Design - Illustrative Materials - 100% Schematic Design - Technical Materials - Final Sustainability Opportunities Plan - Final Programming Plan - Final Master implementation and Phasing Plan - Final Capital Funding Plan (by phases) - Final Revenue Plan (by Phases) - Final Operations & Maintenance Budget (by Phases) - Final Governance/OrganizationalPlan 2012: May --June -- July -- August Bid Phase Design Development & Construction Drawings 2012: Sept --Oct -- Nov Begin Construction Expand use of existing park area Fundraising Begin Initial Capital Fundraising City of Corpus WOW Christi .t..r.1410, Programming & Concept Design PROJECT KICKOFF, SITE ANALYSIS, PROGRAMMING, OFF-SITE STUDIES - Site Analysis & Programming - Preliminary Economic Study - Shoreline Drive Coordination & Input - South Central Development Plan Coordination and Input CONCEPT DESIGN (ENTIRE PARK) - Preliminary Concept Design - Preliminary Data Gathering - Local O&M Issues &Costs - Final Concept Design - Park Naming Strategy - Draft Revenue & Capital Funding Strategies (for entire park) - Draft Operations & Maintenance Budgets (for entire park Scope of Work Schematic Design for Park SCHEMATIC DESIGN (ENTIRE PARK) - 50% Schematic Design - Illustrative Materials -100% Schematic Design - Technical Materials - Final Sustainability Opportunities Plan - Final Programming Plan - Final Master Implementation and Phasing Plan - Final Capital Funding Plan (by phases) - Final Revenue Plan (by Phases) - Final Operations & Maintenance Budget (by Phases) - Final Governance/ Organizational Plan City ofCorpus Christi Making Your d City Gro200at. Bo,,8 9 flWWhat'sNext... • November 15, 2011 —approval of contract and fees • December, 2011 — begin scope of work • April/May, 2012 —update with Council before start schematic design work City orCorpus Christi Making Your City Great. Bond 2008